alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### BENTON v. STATE.

No. 20127.

Court of Criminal Appeals of Texas.

Jan. 25, 1939.

J. E. Dryden, of Sudan, and Charles Clements, of Plainview, for appellant.

Lloyd W. Davidson, State’s Atty., of Austin, for the State.

HAWKINS, Judge.

Conviction is for swindling in an amount less than five dollars by use of an alleged worthless check, and punishment assessed was a fine of twenty-five dollars.

The prosecution originated in the Justice Court, Precinct No. 4 of Hall County, Texas. From a conviction in said court accused appealed to the County Court of said county where he was again convicted and a fine of $25 there assessed.

Article 53, C.C.P., provides as follows-: “The Court of Criminal Appeals shall have appellate jurisdiction co-extensive with the limits of the State in all criminal cases. This article shall not be so construed as to embrace any case which has been appealed *126from any inferior court to the county court or county court at law, in which the fine imposed by the county court or county court at law shall not exceed one hundred dollars.”

Annotated under said article in Vol. 1, Vernon’s Ann.C.C.P. of Texas, and under Section 409, Branch’s Ann.P.C. of Texas, and Section 15, page 30, Vol. 4, Tex.Jur., will be found innumerable cases holding that this court has no jurisdiction to review a judgment of conviction in the county court where the fine assessed is less than $100 if the case is one which has been appealed to the county court from a justice or corporation court.

The appeal is dismissed.
EXHIBIT 10.22



 Exhibit 10.22 
  

	March	11, 2005 

  
 NOTICE OF STOCK OPTION AWARD 
  
                      
 Division:

  
 Dear
                    : 
  
 You have been identified as a key contributor and a person whose dedication and contribution make a difference. Because of this, CFB is pleased to award you
             stock options. The options are awarded under the Commercial Federal Stock Option Plan at $27.06 per share. The Compensation Committee of the Board of Directors granted
you this option on February 23, 2005 (Grant Date). The options have a three-year vesting schedule (33.33% of the options vest each of the next three years). The exercise price of the option will remain constant at $ 27.06 and your option to purchase
these shares is good through February 23, 2015 (10 years from the grant date). 
  
 This letter is your official notice of your Stock Option Award. You should retain it with your important papers. This Option Award will be posted to your Optionee Statement by our Stock Option Plan Administrator, Transcentive, Inc. If you
have any questions or need any additional information regarding this award, please contact Jean McGrory at 612/929-2434 or Tom Drzaic at 402/514-5493, or extension 15493. 
  
 Thanks again for your support during 2004. We look forward to your continued commitment as we work together at Commercial Federal to produce
solid results in 2005 and beyond. 
  
 Sincerely, 
  
 

 
  
 Fred Kulikowski 
 President & COO
# United States Court of Appeals **for the Fifth Circuit**

No. 21-10702 Summary Calendar

United States of America,
Plaintiff—Appellee ,

versus Jose Eduardo Bonilla-Turcios,
Defendant—Appellant

.

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:18-CR-631-4

Before Davis, Jones, and Elrod, Circuit Judges

. Per Curiam: * The attorney appointed to repres ent Jose Eduardo Bonilla-Turcios has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Bonilla-Turcios has not filed a response. We have

* Pursuant to 5th Circuit Rule 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 Circuit Rule 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED April 26, 2022 Lyle W. Cayce Clerk Case: 21-10702 Document: 00516295000 Page: 1 Date Filed: 04/26/2022No. 21-10702

2 reviewed counsel’s brief and the releva nt portions of the record reflected therein. We concur with counsel’s as sessment that the appeal presents no nonfrivolous issue for appellate review . Accordingly, counsel’s motion for leave to withdraw is GRANTED , counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED

. See 5th Cir. R. 42.2. Case: 21-10702 Document: 00516295000 Page: 2 Date Filed: 04/26/2022
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

CHARLOTTE AHEART,

Plaintiff-Appellant,

v.

SODEXHO MARRIOTT SERVICES,

INCORPORATED,

Defendant-Appellee, No. 99-1033

and

MARRIOTT MANAGEMENT SERVICES,

INCORPORATED; MARRIOTT

INTERNATIONAL, INCORPORATED,

Defendants.

Appeal from the United States District Court

for the District of Maryland, at Greenbelt.

Peter J. Messitte, District Judge.

(CA-97-3685-PJM)

Submitted: January 31, 2000

Decided: February 22, 2000

Before WILKINS and LUTTIG, Circuit Judges,

and HAMILTON, Senior Circuit Judge.

_________________________________________________________________

Affirmed by unpublished per curiam opinion.

_________________________________________________________________

COUNSEL

Eric Steele, Washington, D.C., for Appellant. Todd J. Horn, Robin B.

Bowerfind, VENABLE, BAETJER & HOWARD, L.L.P., Baltimore,

Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).

_________________________________________________________________

OPINION

PER CURIAM:

Charlotte D. Aheart appeals from the district court's order granting

summary judgment in favor of Sodexho Marriott Services, Inc., on

her claim for sexual harassment under Title VII and denying her

motion to amend her complaint. Viewing the evidence in the light

most favorable to Aheart, see Anderson v. Liberty Lobby, Inc., 477

U.S. 242, 255 (1986), we find that the district court properly found

that Marriott proved both elements of its affirmative defense to vicarious liability established by Faragher v. City of Boca Raton, 524 U.S.

775 (1998), and Burlington Indus., Inc. v. Ellereth, 524 U.S. 742

(1998). Aheart also appeals from the denial of her motion to amend

her complaint to add a claim under the Montgomery County Human

Relations Act. In light of the dismissal of Aheart's federal claim, we

find no abuse of discretion in the district court's denial of her motion

to amend. See Foman v. Davis, 371 U.S. 178, 182 (1962).

Therefore, we affirm the order awarding summary judgment to

Marriott and denying Aheart's motion to amend her complaint. 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.

AFFIRMED

 2
#### The People of the State of New York, Respondent, v Gregory Conwell, Appellant.

Judgment unanimously affirmed. Memorandum: The issues raised by defendant on appeal lack merit. The court, in this prosecution for criminal possession and criminal sale of a controlled substance, did not abuse its discretion in ruling that the prosecutor could cross-examine defendant concerning his convictions for burglary, larceny, and criminal trespass. Defendant did not preserve for appellate review his contention that the court erred in its charge on identification testimony. The verdict was not against the weight of the evidence *(see, People v Bleakley,*69 NY2d 490). The suppression court properly admitted the identification testimony of the undercover officer as a confirmatory viewing *(see, People v Morales,*37 NY2d 262). Finally, we decline to dismiss the noninclusory concurrent count of criminal possession of a controlled substance in the third degree. (Appeal from judgment of Supreme Court, Erie County, Rossetti, J.—criminal sale of controlled substance, third degree.) Present—Callahan, J. P., Doerr, Boomer, Pine and Lawton, JJ.
<TABLE> <S> <C>


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<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-START>                                 JAN-01-1997
<PERIOD-END>                                   JUN-30-1997
<CASH>                                         1,737
<SECURITIES>                                   10,888
<RECEIVABLES>                                  505
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<OTHER-EXPENSES>                               0
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<INTEREST-EXPENSE>                             393
<INCOME-PRETAX>                                (631)
<INCOME-TAX>                                   (240)
<INCOME-CONTINUING>                            (391)
<DISCONTINUED>                                 (1,422)
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<NET-INCOME>                                   1,031
<EPS-PRIMARY>                                  0.14
<EPS-DILUTED>                                  0.14
        

</TABLE>
EXHIBIT 4.1
ENGAGEMENT AGREEMENT

                      [LETTERHEAD OF VINTAGE FILINGS, LLC]

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

April 15, 2005
Charles Pollock

                         RE: CONTRACT FOR EDGAR SERVICES


      I would  like to take  this  opportunity  to  introduce  you to a  package
program of EDGAR services from Vintage  Filings,  LLC as a method of saving your
public company the typical costs associated with EDGAR filings and SEC reporting
requirements.

I.    Consulting Services

      Vintage  Filings  hereby agrees to provided the following  consulting  and
advisory services to your Company:  review your Company's filing requirements of
Sarbanes Oxley,  determine a cost effective plan to edgarize the filings you are
likely to require  over the next 12 months.  We will  provide  you,  on a timely
basis,  with updates  regarding SEC edgar filing  software and new  developments
with regard to SEC filing forms and HTML  requirements.  If needed, we can train
the Company how to file  Section 16  reporting  requirements  (Forms 3, 4 and 5)
on-line and assist in obtaining  edgar access codes for the Company's  officers,
directors and 10% shareholders.  We will also assist in formatting filings which
may include Forms 3, 4, 5, 13Gs,  13Ds,  S-8, 8K, 10Q, 10K, S-3,  SB-2,  S-2 and
proxy  statements.  In analyzing  your expected costs we have taken into account
the typical costs associated with

-  text and tabular pages

-  amended proofs and changed pages / expedited fees
<PAGE>

-  test filing and real time live filing fees

-  all email distributions of PDF EDGAR proofs

-  all facsimile transmissions of EDGAR proofs

-  all 12b25 and NT-10K extension forms

-  SEC filing of a Form ID

II.   Fees

As part of this Agreement,  we agree to provide the above-described,  unlimited,
edgarizing  services for the Company's SEC filings for 12 months.  In return for
these  services,  you hereby agree to issue  1,500,000  shares of the  Company's
Common Stock.

Such  shares  must be  registered  on a Form S-8  within  ten days from the date
hereof.

We  would   appreciate  the   opportunity  to  further   develop  our  long-term
relationship  and be of service  to you and your  Company.  Please  feel free to
contact  us at (212)  730-4302  or via  email at  efilings@vfilings.com.  Please
confirm  agreement  by signing and faxing to  646.349.9655.  We look  forward to
beginning of a mutually beneficial relationship.

                                                 Best wishes,


                                                 Seth A. Farbman, Esq.
                                                 Co-Chairman and President
| (logo) WELLS FARGO | **Commercial Mortgage  Servicing**D1050-084, 8th Floor  401 South Tryon Street  Charlotte, NC 28202  1-800-326-1334 |
|--------------------|---------------------------------------------------------------------------------------------------------------------|

 

 

**ANNUAL STATEMENT OFCOMPLIANCE**

 

 

Reference is hereby made tothat certain Pooling and Servicing Agreement dated as of August 1, 2015, by andamong DEUTSCHE MORTGAGE & ASSET RECEIVING CORPORATION, as Depositor, WELLSFARGO BANK, NATIONAL ASSOCIATION, as Master Servicer, CWCAPITAL ASSETMANAGEMENT LLC, as Special Servicer, LNR PARTNERS, LLC, as Special Servicer,WILMINGTON TRUST, NATIONAL ASSOCIATION, as Trustee, DEUTSCHE BANK TRUST COMPANYAMERICAS, as Certificate Administrator, Paying Agent and Custodian, andPENTALPHA SURVEILLANCE LLC, as Operating Advisor with respect to CommercialMortgage Pass-Through Certificates, COMM 2015-CCRE25 (the"Agreement"). Capitalized terms used herein not otherwise definedshall have the meanings assigned in the Agreement.

 

Pursuant to Section 10.11 ofthis Agreement, I, Daniel Bober, Executive Vice President of CommercialMortgage Services do hereby certify that: 

 

1. A review of the activitiesof the Master Servicer during the period from January 1, 2016 through December31, 2016 (the “Reporting Period”), and of its performance per theAgreement during such period has been made under my supervision, and 

 

2. To the best of myknowledge, based on such review, the Master Servicer has fulfilled all of its obligationsunder the Agreement in all material respects throughout the Reporting Period. 

 

IN WITNESS WHEREOF, theundersigned has executed this Certificate as of the 28th day ofFebruary 2017. 

 

 

/s/ Daniel Bober

Daniel Bober 

Executive Vice President 

Wells Fargo Bank 

 

 

| Wells Fargo Bank, N.A. | (logo) Together we’ll  go far |
|------------------------|-------------------------------------|
#### Reva FOREMAN, Appellant, v. STATE of Texas, Appellee.

No. 22892.

Court of Criminal Appeals of Texas.

May 10, 1944.

Bob Shropshire and Lloyd Hutcheson, both of Fort Worth, for appellant.

Ernest S. Goens, State’s Atty., of Austin, for the State.

KRUEGER, Judge.

The conviction is for the offense of assault with intent to commit murder with malice. The penalty assessed is confinement in the state penitentiary for a period of three years.

Since perfecting the appeal, appellant has filed a written motion, duly verified, requesting the withdrawal thereof. The motion is granted and the appeal is dismissed.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the judges of the Court of Criminal Appeals and approved by the court.
EXHIBIT 10.48

SUMMARY OF ORAL AMENDMENTS TO LETTER AGREEMENT OF EMPLOYMENT, DATED JANUARY 31,
2000, WITH RONI JACOBSON

Effective August 15, 2003, Ms. Jacobson accepted the position of General Counsel
of the Company. In January 2001, April 2001, March 2002, July 2003, June 2004
and March 2005, Register.com, Inc. increased Ms. Jacobson's base salary by
$25,000, $5,000, $20,000, $25,000, $25,000 and $1,500, respectively, bringing
her total base salary under Section 2 of her Letter Agreement of Employment,
dated as of January 31, 2000 to $201,500. Ms. Jacobson received a cash bonus of
$103,126 for the fiscal year ended December 31, 2004.
[Federal Register Volume 65, Number 229 (Tuesday, November 28, 2000)]
[Notices]
[Page 70925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30170]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Center for Research Resources; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Center for Research Resources 
Special Emphasis Panel, Biomedical Research Technology.
    Date: November 16, 2000.
    Time: 12:00 PM to 1:00 PM.
    Agenda: To review and evaluate grant applications.
    Place: Office of Review, National Center for Research Resources, 
6705 Rockledge Drive, Bethesda, MD 20892, (Telephone Conference 
Call).
    Contact Person: Rebecca A. Fuldner, PhD, Scientific Review 
Administrator, Office of Review, National Center for Research 
Resources, National Institutes of Health, 6705 Rockledge Dr., MSC 
7965, Room 6018, Bethesda, MD 20892-7965, 301-435-0809, 
<a href="/cdn-cgi/l/email-protection#2e485b424a404b5c5c6e404d5c5c0040474600494158"><span class="__cf_email__" data-cfemail="7315061f171d160101331d1001015d1d1a1b5d141c05">[email protected]</span></a>.
    This notice is being published less than 15 days prior to the 
meeting due to the timing limitations imposed by the review and 
funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.306, 
Comparative Medicine, 93.306; 93.333, Clinical Research, 93.333; 
93.371, Biomedical Technology; 93.389, Research Infrastructure, 
National Institutes of Health, HHS)

    Dated: November 16, 2000.
LaVerne Y. Stringfield,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 00-30170 Filed 11-27-00; 8:45 am]
BILLING CODE 4140-01-M


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```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1177 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1177

   To authorize the Secretary of the Interior to charge entrance or 
   admission fees at the National Historic Oregon Trail Interpretive 
            Center at Flagstaff Hill in Baker City, Oregon.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 2, 1993

 Mr. Smith of Oregon introduced the following bill; which was referred 
                 to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
   To authorize the Secretary of the Interior to charge entrance or 
   admission fees at the National Historic Oregon Trail Interpretive 
            Center at Flagstaff Hill in Baker City, Oregon.

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

SECTION 1. AUTHORIZATION TO ESTABLISH FEES.

    (a) In General.--The Secretary of the Interior is authorized to 
establish entrance or admission fees at the National Historic Oregon 
Trail Interpretive Center at Flagstaff Hill in Baker City, Oregon. Such 
fees shall be established for both single visits and annual permits and 
shall be on a per person basis, except as provided by subsection (b).
    (b) Golden Passport.--The Secretary shall admit an individual who 
displays a valid Golden Access Passport, Golden Eagle Passport, 
together with such other persons covered by such a passport, issued 
pursuant to section 4 of the Land and Water Conservation Fund Act of 
1965 (16 U.S.C. 460l-6a).
    (c) Proceeds.--Notwithstanding any other provision of law, the 
Secretary shall establish an account for the National Historic Oregon 
Trail Interpretive Center and shall deposit the entrance or admission 
fees collected under subsection (a) into that account. The account 
shall be operated on a revolving fund basis for the purpose of 
augmenting the appropriated funds used to operate and maintain the 
National Historic Oregon Trail Interpretive Center at Flagstaff Hill in 
Baker City, Oregon.

                                 <all>
```
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 19-10602

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JESUS SANCHEZ-CHACON,

Defendant-Appellant

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:19-CR-3-1

Before HIGGINBOTHAM, HO, and ENGELHARDT, Circuit Judges. 

PER CURIAM:*

Jesus Sanchez-Chacon appeals his sentence for illegal reentry following 

deportation. See 8 U.S.C. § 1326(a), (b)(1). He was sentenced to 70 months of 

imprisonment and three years of supervised release. He contends that the 

enhancement of his sentence pursuant to § 1326(b)(1) based on a prior felony 

conviction, which increased the statutory maximum terms of imprisonment 

and supervision, is unconstitutional because his prior conviction is treated as 

* 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

Fifth Circuit

FILED

May 5, 2020

Lyle W. Cayce

Clerk

 Case: 19-10602 Document: 00515404544 Page: 1 Date Filed: 05/05/2020
No. 19-10602

2

a sentencing factor rather than an element of the offense that must be alleged 

in the indictment and found by a jury beyond a reasonable doubt or admitted 

by him following a proper admonishment. Sanchez-Chacon concedes that this

issue is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998), 

but he seeks to preserve the issue for possible Supreme Court review because

he asserts there is reason to believe the Court may revisit Almendarez-Torres. 

The Government moves for summary affirmance based on Almendarez-Torres

or, alternatively, for an extension of time to file a merits brief.

The parties are correct that Sanchez-Chacon’s argument is clearly 

foreclosed by Almendarez-Torres. See United States v. Wallace, 759 F.3d 486, 

497 (5th Cir. 2014); United States v. Pineda-Arrellano, 492 F.3d 624, 625 (5th 

Cir. 2007). Accordingly, the Government’s motion for summary affirmance is 

GRANTED. See Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th 

Cir. 1969). The Government’s alternative motion for an extension of time is 

DENIED. The judgment is AFFIRMED.

 Case: 19-10602 Document: 00515404544 Page: 2 Date Filed: 05/05/2020