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

No. 21188.

Court of Criminal Appeals of Texas.

Oct. 23, 1940.

M. E. Lawrence, of Eastland, for appellant.

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

HAWKINS, Presiding Judge.

It was charged by indictment that appellant while intoxicated drove a motor vehicle upon the public highway. He was convicted and his punishment assessed at 90 days in jail and a fine of $50.

The record contains neither statement of facts nor bills of exception. In such condition nothing is presented for review.

The judgment is affirmed.
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IN THE UNITED STATES DISTRICT

FOR THE NORTHERN DISTRICT OF

DALLAS DIVISION

UNITED STATES OF AMERICA

VS,

IGNACIO LEYVA.FRAYRE

CASE NO

REPORT AND RECOMMENDATION

CONCBRNING PLEA OF GUILTY

IGNACIO LEYVA-FRAYRE, by consent, under authority of United States v. Dees, 125 F.3d26l

(5th Cir. 1997), has appeared before me pursuant to Fed. R. Crim.P. I 1, and has entered a plea of guilty to

the One Count Indictment, filed on September 8, 2022. After cautioning and examining Defendant

Ignacio Leyva-Frayre, under oath concerning each of the subjects mentioned in Rule I l, I determined that

the guilty plea was knowledgeable and voluntary and that the offense charged is supported by an

independent basis in fact containing each of the essential elements of such offense. I therefore recommend

that the plea of guilty be accepted, and that Defendant Ignacio Leyva-Frayre, be adjudged guilty of Illegal

ReenfrT After Removal From the United States, in violation of 8 USC $ 1326(a\ and have sentence

imp/sed accordingly. After being found guilty of the offense by the district judge.

/ The defendant is currently in custody and should be ordered to remain in custody.

D The defendant must be ordered detained pursuant to 18 U.S.C. $ 31a3(a)(l) unless the Court finds by clear

and convincing evidence that the defendant is not likely to flee or pose a danger to any other person or the

community if released.

r The Government does not oppose release.

n The defendant has been compliant with the current conditions of release.

I I find by clear and convincing evidence that the defendant is not likely to flee or pose a danger to

any other person or the community if released and should therefore be released under $ 3142(b) or

(c).

tr The Government opposes release.

tr The defendant has not been compliant with the conditions of release.

I If the Courl accepts this recommendation, this matter should be set for hearing upon motion of the

Government.

The defendant must be ordered detained pursuant to 1 8 U.S.C. $ 3 1a3(aX2) unless ( 1)(a) the Court finds there

is a substantial likelihood that a motion for acquittal or new trial will be granted, or (b) the Government has

recommended that no sentence of imprisonment be imposed, or (c) exceptional circumstances are clearly

shown under g 3145(c) why the defendant should not be detained, and (2) the Court finds by clear and

convincing evidence that the defendant is not likely to flee or pose a danger to any other person or the

community if released,

Signed October 17 ,2023. 4".2

IRMA CARRILLO RAMIR

NOTICE

Failure to file written objections to this Report and Recommendation within fourteen (14) days from the date

of its service shall bar an aggrieved party from attacking such Report and Recommendation before the assigned United

States District Judge. 28 U.S.C. 5636(bX1XB).

ocT 1 e 2023

R-338-K (01)

UNITED STATES MAGISTRATE JUDGT

Case 3:22-cr-00338-K Document 26 Filed 10/19/23 Page 1 of 1 PageID 37
<PAGE>
                                                                    EXHIBIT 23.3

                               PRATOR BETT, L.L.C.
                               PETROLEUM ENGINEERS

                           712 MAIN STREET, SUITE 1830
                              HOUSTON, TEXAS 77002
                               TEL (713) 224-1350
                               FAX (713) 224-1351




                   CONSENT OF INDEPENDENT PETROLEUM ENGINEERS




We hereby consent to the reference to Prator Bett, L.L.C. and to the use by
reference of information contained in our report dated January 19, 2005,
presenting "Estimated Future Reserves and Revenues" effective December 31, 2004
(our Report) of certain properties owned by NEG Operating LLC in the
"Supplementary Crude Oil and Natural Gas Reserves Information (Unaudited)"
section of the NEG Operating LLC Annual Report on Form 10-K (the Annual Report).
However, since the estimates of crude oil and natural gas reserves set forth in
our Report have been combined with reserve estimates of other petroleum
consultants, we are necessarily unable to verify the accuracy of the reserves
estimates contained in the aforementioned Annual Report.


                                             /s/ M. Drayton Prator III
                                             -------------------------
                                             PRATOR BETT, L.L.C


Houston, Texas
March 15,2005
#### Louis Joy Corp., a Subsidiary of National Shoes, Inc., Appellant, v Boriss Breslow Corp. et al., Respondents.

Order, Supreme Court, Bronx County (Anita Florio, J.), entered October 24, 1989, which granted defendants’ motion to dismiss the action as being untimely commenced and which denied plaintiffs cross motion to amend its summons and complaint, unanimously affirmed, with costs.

In June 1974, defendant Breslow entered into a construction contract with National Shoes, Inc. for the installation of electrical equipment in two stores. Defendant Bigman was retained as a subcontractor. Construction and installation of electrical equipment was completed in October 1974.

On November 15, 1980, a fire caused damage at the stores operated by National. On December 8, 1980, Louis Joy Corp., plaintiff, a wholly owned subsidiary of National, executed a complete assignment of all its assets to National, including any claims.

On April 18, 1983, Louis Joy instituted this action against defendants for alleged property damage and business interruption loss due to the fire. The complaint sounds in breach of contract, negligence and breach of warranty.

Defendants moved for summary judgment on the ground that, *inter alia,*the action was time barred under the applicable Statute of Limitations. The IAS court granted defendants’ motion.

"A cause of action against a contractor for defects in construction generally accrues upon completion of the actual physical work” *(Cabrini Med. Center v Desina,*64 NY2d 1059, 1061). As plaintiffs causes of action all arise out of an alleged breach of contract, the action is barred by the applicable Statute of Limitations since this action was not commenced until almost nine years after the work was completed.

While plaintiff now argues that its claim is based in strict products liability, it is clear that the electrical equipment was supplied and installed in a construction project where defendants provided the construction services and were not the manufacturers of the goods.

Plaintiff also seeks to amend its complaint to add the *224insurer of Louis Joy and National as subrogee. However, as the Statute of Limitations has already barred the instant claim, the requested amendment is academic.

We have considered all other claims and find them to be meritless. Concur—Ellerin, J. P., Wallach, Smith and Rubin, JJ.
Exhibit 32.1



CERTIFICATION PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report of Image Sensing Systems, Inc. (the Company) on Form 10-Q for the period ended June 30, 2008, as filed with the Securities and Exchange Commission (the Report), I, Kenneth R. Aubrey, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. §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 operations of the Company.




/s/ Kenneth R. AubreyKenneth R. AubreyPresident and Chief Executive Officer
(principal executive officer)August 12, 2008




---
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 the
Quarterly Report on Form 10-Q of WNC Housing Tax Credit Fund V, L.P., Series 4 (the “Partnership”) for the
quarters ended December 31, 2010, September 30, 2010 and June 30, 2010 as filed with the Securities and Exchange Commission on
the date hereof (the “Report”), and pursuant to 18 U.S.C., section 1350, as adopted pursuant to section 906 of
the Sarbanes-Oxley Act of 2002, I, Melanie R. Wenk, Vice-President and Chief Financial Officer of WNC & Associates, Inc.,
general partner of the Partnership, hereby certify that:



| | 1. | The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange
Act of 1934, except to the extent that such provisions require the audit report of Local Limited Partnership financial statements
to refer to the auditing standards of the Public Company Accounting Oversight Board for the Partnership’s annual financial
statements and except that the Report is a cumulative report covering each of the quarters ended December 31, September 30 and
June 30, 2010 and
| | -- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 2. | The information contained in the Report fairly presents, in all material respects, the financial
condition and result of operations of the Partnership.
| | -- | -------------------------------------------------------------------------------------------------------------------------------------------------------



|/s/ Melanie
    R. Wenk                                              | 
|-------------------------------------------------------------------- | 
|Melanie R. Wenk                                                      | 
|Vice-President and Chief Financial Officer of WNC & Associates, Inc.



Date: November 4, 2013
<TABLE> <S> <C>

<ARTICLE> CT
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<TOTAL-ASSETS>                                  95,002
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                        171
<COMMON>                                           405
<OTHER-SE>                                   (117,509)
<TOTAL-LIABILITY-AND-EQUITY>                    95,002
<TOTAL-REVENUES>                                38,440
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (164,514)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (164,514)
<EPS-PRIMARY>                                   (4.08)
<EPS-DILUTED>                                   (4.08)
        

</TABLE>
)

)

)

)

)

)

)

)

)

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTIIERN DISTRICT OF TEXAS

DALLAS DIVISION

KELVIN FRAZIER,

Plaintifl

I'EXAS INTTiRNAL REVENI]E SERVICE.

Defendant. Civil Action No. 3 :22-CY -2420-C

OIIDEII

Before the Court are the Findings, Conclusions, and Recommendation ofthe United

States Magistrate Judge therein advising the Court that this civil action should be dismissed for

lack ofjurisdiction.r

The Court has reviewed the Findings, Conclusions, and Recommendation for clear error

and finds none. It is therefbre ORDERED that the Findings, Conclusions, and Rccornmendation

are hereby ADOPTED as the findings and conclusions ofthe Court. For the reasons stated

therein, the Court ORDERS that this civil action be DISMISSED for lack ofjurisdiction

SO ORDt]RED.

t'

Dared December 5 - 2022.

tl

C INGS

NIOR ITED STATE D ]'RI(''f .rt.rDGIl

rPlaintiffhas failed to file objections to the United States MaSistrate Judge's Findings,

Conclusions, and Recommendation and the time to do so has now expired.

S

,--)

Case 3:22-cv-02420-C-BN Document 6 Filed 12/05/22 Page 1 of 1 PageID 22
Exhibit 99.1   CERTIFICATION OF PRINCIPAL 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 Annual  Report, as amended, of Cygnus, Inc. (the
Company) on Form 10-K/A for the period ending December 31, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the Report), I,
John C Hodgman, Chief Executive 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 result of
operations of the Company.  A signed original of this written statement required
by Section 906 has been provided to Cygnus, Inc. and will be retained by
Cygnus, Inc. and furnished to the Securities and Exchange Commission or its
staff upon request.   /s/ John C Hodgman  John C Hodgman Chief Executive Officer May 22, 2003
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER>  1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1998
<PERIOD-START>                             JUL-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                     441
<INT-BEARING-DEPOSITS>                     605
<FED-FUNDS-SOLD>                           0
<TRADING-ASSETS>                           0
<INVESTMENTS-HELD-FOR-SALE>                6,609
<INVESTMENTS-CARRYING>                     27,685
<INVESTMENTS-MARKET>                       27,555
<LOANS>                                    49,320
<ALLOWANCE>                                380
<TOTAL-ASSETS>                             88,089
<DEPOSITS>                                 54,751
<SHORT-TERM>                               0
<LIABILITIES-OTHER>                        866
<LONG-TERM>                                17,761
<COMMON>                                   14
<PREFERRED-MANDATORY>                      0
<PREFERRED>                                0
<OTHER-SE>                                 14,697
<TOTAL-LIABILITIES-AND-EQUITY>             88,089
<INTEREST-LOAN>                            1,024
<INTEREST-INVEST>                          561
<INTEREST-OTHER>                           25
<INTEREST-TOTAL>                           1,610
<INTEREST-DEPOSIT>                         612
<INTEREST-EXPENSE>                         871
<INTEREST-INCOME-NET>                      739
<LOAN-LOSSES>                              8
<SECURITIES-GAINS>                         11
<EXPENSE-OTHER>                            395
<INCOME-PRETAX>                            391
<INCOME-PRE-EXTRAORDINARY>                 391
<EXTRAORDINARY>                            0
<CHANGES>                                  0
<NET-INCOME>                               267
<EPS-PRIMARY>                              .22
<EPS-DILUTED>                              .22
<YIELD-ACTUAL>                             2.84
<LOANS-NON>                                34
<LOANS-PAST>                               49
<LOANS-TROUBLED>                           0
<LOANS-PROBLEM>                            0
<ALLOWANCE-OPEN>                           372
<CHARGE-OFFS>                              0
<RECOVERIES>                               0
<ALLOWANCE-CLOSE>                          380
<ALLOWANCE-DOMESTIC>                       0
<ALLOWANCE-FOREIGN>                        0
<ALLOWANCE-UNALLOCATED>                    380
        

</TABLE>
<PAGE>

                                                                    EXHIBIT 10.6

Re:   2005 Senior Management Incentive Plan

Dear ____:

Congratulations! You have been approved by the Management Development/
Compensation Committee of the Board of Directors ("Committee"), to participate
in the Allied Waste 2005 Senior Management Incentive Plan ("Senior MIP") for the
2005 calendar year.

The Senior MIP is described in the enclosed Summary. A copy of the Plan is
available from the Company upon request.

In short, the Senior MIP provides you with an opportunity to earn an incentive
based on the achievement of predetermined performance goals during 2005.

The Senior MIP is part of your total compensation package, including your base
salary, the Long-Term Incentive Plan ("LTIP"), and stock-based grants.

Your individual target award and the performance goals established for the
Senior MIP for 2005 are specified in the enclosed Schedule. Any annual incentive
earned under the Senior MIP will be paid in early 2006, following the
certification of the achievement of the performance goals by the Committee,
provided that your are employed by the Company on the payment date

                                    * * * * *

Please feel free to contact me directly, at (480) 627-_____, if you have any
questions.

Sincerely,

_______________
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

UNITED STATES OF AMERICA, §

§

Plaintiff, §

§

v. § NO. 3:22-CR-378-N

§

RAYNALDO RIVERA ORTIZ, JR., §

§

Defendant. §

UNOPPOSED MOTION FOR CONTINUANCE OF 

SENTENCING HEARING

Defendant, RAYNALDO RIVERA ORTIZ, by his appointed counsel, Assistant Federal 

Public Defender John Nicholson, hereby requests that the Court reschedule sentencing in this 

matter.

Respectfully submitted,

JASON D. HAWKINS

Federal Public Defender

Northern District of Texas

/s/ John M. Nicholson 

JOHN M. NICHOLSON

Assistant Federal Public Defender

Northern District of Texas

Texas Bar No. 24013240

525 Griffin Street, Suite 629

Dallas, Texas 75202

Phone 214-767-2746

John_nicholson@fd.org

/s/ Marti R. Morgan 

MARTI R. MORGAN

Assistant Federal Public Defender

Northern District of Texas

Texas Bar No. 24109042

Case 3:22-cr-00378-N Document 182 Filed 09/18/24 Page 1 of 2 PageID 1534
Page 2 of 2

525 Griffin Street, Suite 629

Dallas, Texas 75202

Phone 214-767-2746

marti_morgan@fd.org

CERTIFICATE OF CONFERENCE

I certify that on September 18, 2024, I conferred with AUSA Errin Martin and confirmed 

that the government is not opposed to this request.

/s/ John M. Nicholson 

JOHN M. NICHOLSON

/s/ Marti R. Morgan 

MARTI R. MORGAN

CERTIFICATE OF SERVICE

I hereby certify that on September 18, 2024, I electronically filed the foregoing document 

using the Court’s CM/ECF system, thereby providing service on attorneys of record.

/s/ John M. Nicholson 

JOHN M. NICHOLSON

/s/ Marti R. Morgan 

MARTI R. MORGAN

Case 3:22-cr-00378-N Document 182 Filed 09/18/24 Page 2 of 2 PageID 1535
null

406.48853
----

            COMMISSION DECISION         

of 26 July 2005         

amending the Appendix B to Annex XII to the 2003 Act of Accession as regards certain establishments in the fish, meat and milk sectors in Poland

(notified under document number C(2005) 2813)

(Text with EEA relevance)

(2005/591/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Act of Accession to the European Union of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (1), and in particular Annex XII, Chapter 6, Section B, Subsection I(1), paragraph (e) thereto,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

The establishments listed in the Annex to this Decision are deleted from Appendix B to Annex XII to the 2003 Act of Accession.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 26 July 2005.

For the Commission

Markos KYPRIANOU            

Member of the Commission

----

(1)OJ L 236, 23.9.2003, p. 33.

(2)OJ L 156, 30.4.2004, p. 53; Corrigendum OJ L 202 7.6.2004, p. 39.

(3)OJ L 160, 30.4.2004, p. 56; Corrigendum OJ L 212 12.6.2004, p. 31.

(4)OJ L 160, 30.4.2004, p. 73; Corrigendum OJ L 212 12.6.2004, p. 44.

(5)OJ L 86, 5.4.2005, p. 13.

----

ANNEX

List of establishments to be deleted from Appendix B to Annex XII to the 2003 Act of Accession

MEAT ESTABLISHMENTS

Initial list

WHITE MEAT

Initial list

FISH SECTOR

Initial list

MILK SECTOR

Supplementary list

----