alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 The Honorable E. Richard Webber, United States District Judge for the Eastern District of Missouri. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 06-2738

___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri. Demond Bernard McDaniels, * * [UNPUBLISHED] Appellant. *

___________ Submitted: September 28, 2007 Filed: October 4, 2007

___________ Before MURPHY, SMITH, and SHEPHERD, Circuit Judges.

___________ PER CURIAM. Demond Bernard McDaniels appeals the 120-month prison sentence that the district court 1 imposed after he pleaded guilty to possessing with intent to distribute more than 50 grams of cocaine base, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A)(iii). On appeal, McDaniels has f iled a motion for appointment of counsel; his counsel has filed a brief pur suant to Anders v. California , 386 U.S. 738 (1967), in which she seeks leave to withdraw.-2- After reviewing the record independently under Penson v. Ohio , 488 U.S. 75 (1988), and finding no non-frivolous issues, we affirm the judgment of the district court and grant counsel’s motion to withdraw on condition that counsel inform appellant about the procedures for filing petitions for rehearing and for certiorari. We also deny McDaniels’s motion for appointment of counsel.

______________________________
# Official Journal C 269E/2013

| | ISSN 1977-091X
  doi:10.3000/1977091X.CE2013.269.eng |
| --- | --- |
| Official Journal
  of the European Union | C 269E |
| | |
| English edition | Information and Notices | Volume 5618 September 2013 |

ISSN 1977-091X

doi:10.3000/1977091X.CE2013.269.eng

Official Journal

of the European Union

C 269E

English edition

Information and Notices

Volume 5618 September 2013

---

| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Parliament |
| | WRITTEN QUESTIONS WITH ANSWER |
| 2013/C 269E/01 | Written questions by Members of the European Parliament and their answers given by a European Union institution | 1 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Parliament

WRITTEN QUESTIONS WITH ANSWER

2013/C 269E/01

Written questions by Members of the European Parliament and their answers given by a European Union institution

1

---

Notice to reader

This publication contains written questions by Members of the European Parliament and their answers given by a European Union institution.

For each question and answer, the original language version is presented before a possible translation.

In some cases, it is possible that the answer is given in a language other than the question. This depends on the working language of the committee requested to provide the answer.

These questions and answers are published in accordance with Rules 117 and 118 of the Rules of Procedure of the European Parliament.

All questions and answers can be accessed via the website of the European Parliament (Europarl) under the heading ‘Parliamentary questions’:

http://www.europarl.europa.eu/plenary/en/parliamentary-questions.html

ABBREVIATIONS USED FOR POLITICAL GROUPS

| PPE | Group of the European People’s Party (Christian Democrats) |
| --- | --- |
| S&D | Group of the Progressive Alliance of Socialists and Democrats in the European Parliament |
| ALDE | Group of the Alliance of Liberals and Democrats for Europe |
| Verts/ALE | Group of the Greens/European Free Alliance |
| ECR | European Conservatives and Reformists Group |
| GUE/NGL | Confederal Group of the European United Left – Nordic Green Left |
| EFD | Europe of Freedom and Democracy Group |
| NI | Non-attached Members |

PPE

Group of the European People’s Party (Christian Democrats)

S&D

Group of the Progressive Alliance of Socialists and Democrats in the European Parliament

ALDE

Group of the Alliance of Liberals and Democrats for Europe

Verts/ALE

Group of the Greens/European Free Alliance

ECR

European Conservatives and Reformists Group

GUE/NGL

Confederal Group of the European United Left – Nordic Green Left

EFD

Europe of Freedom and Democracy Group

NI

Non-attached Members

| EN | |
| --- | --- |

EN
* Pursuant to 5 TH 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. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-20407 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus RUFINO CERDA-ESQUIVEL, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-01-CR-848-ALL

-------------------- February 20, 2003 Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges.
PER CURIAM: * Rufino Cerda-Esquivel was convicted after a guilty plea to illegal reentry into the United States after deportation, in violation of 8 U.S.C. § 1326, and was sentenced to 24 months’ imprisonment. He argues that his prior felony conviction for possession of cocaine did not merit the district court’s eight-level adjustment as provided in § 2L1.2(b)(1)(C) for an aggravated felony. Cerda’s arguments regarding the definitions of “drug trafficking offense” and “aggravated felony” forNo. 02-20407 -2- purposes of the sentencing guidelines were recently rejected by this court in United States v. Caicedo-Cuero , 312 F.3d 697, 706-707 (5th Cir. 2002). Cerda also argues that drug possession is not an aggravated felony under 8 U.S.C. §§ 1101(a)(43)(B) and 1326(b)(2), but he concedes that his argument is foreclosed by our precedent in United States v. Rivera , 265 F.3d 310 (5th Cir. 2001), cert. denied , 534 U.S. 1146 (2002), and United States v. HinojosaLopez , 130 F.3d 691 (5th Cir. 1997), and he raises the issue only to preserve it for possible Supreme Court review. Based on the foregoing, the district court did not err in assessing an eight-level adjustment.
AFFIRMED.
# C_2022427EN.01000401.xml

| 9.11.2022 | EN | Official Journal of the European Union | C 427/4 |
| --- | --- | --- | --- |

9.11.2022

EN

Official Journal of the European Union

C 427/4

---

CIRCULAR BIO-BASED EUROPE JOINT UNDERTAKING

Publication of the final accounts for the financial year 2021

(2022/C 427/04)

The complete version of the final accounts may be found at the following address:

https://www.cbe.europa.eu/reference-documents

---
The State of

Fourth Court of Appeals

San Antonio, Texas

December 3, 2014

No. 04-12-00739-CR

Jose Guadalupe MARTINEZ,

Appellant

v.

The STATE of Texas,

Appellee

From the 38th Judicial District Court, Real County, Texas

Trial Court No. 2010-1132-DR

The Honorable Camile G. Dubose, Judge Presiding

ORDER

Sitting: Catherine Stone, Chief Justice

Karen Angelini, Justice

Luz Elena D. Chapa, Justice

 Appellant’s motion for extension of time to file his motion for rehearing is granted. 

We order the motion for rehearing due December 19, 2014.

_________________________________

Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 3rd day of December, 2014.

___________________________________

Keith E. Hottle

Clerk of Court
p.1 

OAR Box 1828 

Prepped by Ollie Stewart 

Document Number: 

21) ll-K- (B)-10 

Docket Number: 

A-83-27 

Printed 11/12/2008 11:12:48 AM Sheet 21 of 325 
P.2 

a

-B 

H-K-CB)-IO 

SUMMARY OF MODELING ISSUES DISCUSSED AT THE SEPTEMBER 

24 MEETING OF THE INFORMAL ANALYSIS WORKING GROUP. 

Letter to R.L. Short, EPArEAB to Informal Analysis 

Working Group. 

October 1, 1979. 

THIS INFORMATION CAN BE FOUND IN DOCKET A-79-02, ITEM 

II-K-(B)-10
# C_2022450EN.01000101.xml

| 28.11.2022 | EN | Official Journal of the European Union | C 450/1 |
| --- | --- | --- | --- |

28.11.2022

EN

Official Journal of the European Union

C 450/1

---

Non-opposition to a notified concentration

(Case M.10918 – PETRONAS / DURIO / ORIM HOLDING)

(Text with EEA relevance)

(2022/C 450/01)

On 23 November 2022, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the ‘Competition policy’ website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the ‘Competition policy’ website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32022M10918. EUR-Lex is the online point of access to European Union law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32022M10918. EUR-Lex is the online point of access to European Union law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

---
<PAGE>   1
                                                                     EXHIBIT 3.4


                       BILLING INFORMATION CONCEPTS CORP.
                            CERTIFICATE OF AMENDMENT
                                       TO
                          CERTIFICATE OF INCORPORATION

         Billing Information Concepts Corp. (the "Company"), a corporation
organized and existing under and by virtue of the General Corporation Law of the
State of Delaware ("DGCL"), does hereby certify:

         FIRST: That the Board of Directors of the Company, by written consent
in lieu of a special meeting, unanimously adopted resolutions proposing and
declaring advisable the following amendments to the Amended and Restated
Certificate of Incorporation of the Company and directed that such amendments be
considered at the next annual meeting of stockholders of the Company:

         To amend Article I of the Amended and Restated Certificate of
Incorporation in its entirety to read as follows:

                  "Article I - Name. The name of the corporation (the 
         "corporation") is Billing Concepts Corp."

         To amend the first paragraph of Article IV of the Amended and Restated
Certificate of Incorporation in its entirety to read as follows:

                  "4.1 Total Number of Shares of Stock. The total number of
         shares of all classes of stock which the corporation shall have
         authority to issue is eighty-five million (85,000,000). Of such shares,
         (i) seventy-five million (75,000,000) shall be common stock, par value
         $0.01 per share ("Common Stock"), and (ii) ten million (10,000,000)
         shall be preferred stock, par value $0.01 per share ("Preferred
         Stock")."

         SECOND: That at the annual meeting of stockholders of the Company duly
called and held on February 26, 1998, in accordance with Section 222 of the
DGCL, the holders of a majority of the shares of Common Stock of the Company
entitled to vote on such amendments voted in favor of such amendments.

         THIRD:  That the aforesaid amendments were duly adopted in accordance  
with the applicable provisions of Section 242 of the DGCL.

         IN WITNESS WHEREOF, the Company has caused this Certificate to be
signed on February 26, 1998, by Audie Long, its Corporate Secretary.

                                      Billing Information Concepts Corp.



                                      By: /s/ Audie Long
                                         ---------------------------------------
                                          Audie Long, Corporate Secretary
#### The State, ex rel. Tobin, *v.*Sweeney, Secy. of State. The State, ex rel. Kohler, *v.*Sweeney, Secy. of State.

(Nos. 29082 and 29102

Decided May 6, 1942.)

*Messrs. Wise, Roetzel S Maxon*and *Mr. William A. Kelly,*for relator.

*Mr. Thomas J. Herbert,*attorney general, *Mr. Howard Bernstein*and *Mr. Robert Gwnther,*for respondent.

In cause No. 29082, Patrick Tobin filed in this court a petition for a writ of mandamus to compel the respondent to appoint him as a member of the Board of Elections of Summit county for the four-year term commencing March 1, 1942.

In cause No. 29102, Julius Kohler and other members of the Democratic Executive Committee of that *626county seek from this court a writ of mandamus compelling the respondent to appoint Tobin to the office aforesaid.

The respondent filed a demurrer to each petition. Subsequently the respondent filed motions to dismiss both petitions for the reasons that Tobin died after the proceedings were commenced; that his right of action, being personal to him, does not survive; that his action cannot proceed in the name of his personal representative; and that it is impossible to grant the relief sought in either proceeding.

Both of the present proceedings abated with the death of Tobin and they are therefore dismissed upon the reasoning contained in the opinion in *State, ex rel. Ahrens,*v. *City of Cleveland,*133 Ohio St. 423, 14 N. E. (2d), 351.

*Dismissed.*

Weygandt, C. J., Turner, Williams, Matthias, Hart and Zimmerman, JJ., concur.

Bettman, J., not participating.
# C_2023093EN.01000101.xml

| 13.3.2023 | EN | Official Journal of the European Union | C 93/1 |
| --- | --- | --- | --- |

13.3.2023

EN

Official Journal of the European Union

C 93/1

---

RECOMMENDATION OF THE EUROPEAN CENTRAL BANK

of 7 March 2023

to the Council of the European Union on the external auditors of Hrvatska narodna banka

(ECB/2023/4)

(2023/C 93/01)

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 27.1 thereof,

Whereas:

| (1) | The accounts of the European Central Bank (ECB) and the national central banks of the Member States whose currency is the euro are audited by independent external auditors recommended by the ECB’s Governing Council and approved by the Council of the European Union. |
| --- | --- |

(1)

The accounts of the European Central Bank (ECB) and the national central banks of the Member States whose currency is the euro are audited by independent external auditors recommended by the ECB’s Governing Council and approved by the Council of the European Union.

| (2) | The mandate of Hrvatska narodna banka’s current external auditors, KPMG Croatia d.o.o., will end following the audit for the financial year 2024. Since 1 January 2023 Hrvatska narodna banka is subject to Article 27.1 of the Statute of the European System of Central banks and of the European Central Bank. Therefore, it is necessary that the ECB’s Governing Council recommends and the Council approves the current external auditors for the financial years 2023 to 2024, |
| --- | --- |

(2)

The mandate of Hrvatska narodna banka’s current external auditors, KPMG Croatia d.o.o., will end following the audit for the financial year 2024. Since 1 January 2023 Hrvatska narodna banka is subject to Article 27.1 of the Statute of the European System of Central banks and of the European Central Bank. Therefore, it is necessary that the ECB’s Governing Council recommends and the Council approves the current external auditors for the financial years 2023 to 2024,

HAS ADOPTED THIS RECOMMENDATION:

It is recommended that KPMG Croatia d.o.o. should perform the external audit of Hrvatska narodna banka for the financial years 2023 to 2024.

Done at Frankfurt am Main, 7 March 2023.

The President of the ECB

Christine LAGARDE

---
# C_2022410EN.01000401.xml

| 26.10.2022 | EN | Official Journal of the European Union | C 410/4 |
| --- | --- | --- | --- |

26.10.2022

EN

Official Journal of the European Union

C 410/4

---

Commission information notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community

Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations

(Text with EEA relevance)

(2022/C 410/04)

| Member State | Italy |
| --- | --- |
| Route concerned | Cagliari-Rome Fiumicino and vice versa |
| Period of validity of the contract | From 17 February 2023 to 26 October 2024 |
| Deadline for submission of tenders | 27 December 2022 |
| Address from which the text of the invitation to tender and any relevant information and/or documentation relating to the public tender and the public service obligation can be obtained | For further information:





  Autonomous Region of Sardinia |
| Department of Transport |
| Directorate-General for Transport |
| Unit for Maritime and Air Transport and Territorial Continuity |
| Via XXIX Novembre 1847, 41 |
| 09123 Cagliari |
| ITALY |

Member State

Italy

Route concerned

Cagliari-Rome Fiumicino and vice versa

Period of validity of the contract

From 17 February 2023 to 26 October 2024

Deadline for submission of tenders

27 December 2022

Address from which the text of the invitation to tender and any relevant information and/or documentation relating to the public tender and the public service obligation can be obtained

For further information:

Autonomous Region of Sardinia

Department of Transport

Directorate-General for Transport

Unit for Maritime and Air Transport and Territorial Continuity

Via XXIX Novembre 1847, 41

09123 Cagliari

ITALY

Tel. +39 0706067331

Fax +39 0706067309

Internet: http://www.regione.sardegna.it

Email: trasporti@pec.regione.sardegna.it, trasp.osp@regione.sardegna.it.

---
United States Court of Appeals

Fifth Circuit

FILED

February 16, 2004

Charles R. Fulbruge III

Clerk

In the

United States Court of Appeals

for the Fifth Circuit

_______________

m 03-30230

_______________

ZEN-NOH GRAIN CORPORATION,

Plaintiff,

VERSUS

THEOGENNITOR M/V,

HER ENGINES, TACKLE, FURNITURE, APPAREL, ETC.; ET AL.,

Defendants.

* * * * * * * * * * * * * * * * * * * * *

AMERICAN GUARANTEE & LIABILITY INSURANCE COMPANY,

Plaintiff-Appellant,

VERSUS

MUNICH REINSURANCE COMPANY; TANKERTRADE MARINE, LIMITED COMPANY;

POLEMBROS SHIPPING LIMITED; NEW REINSURANCE CORPORATION;

GENERAL REINSURANCE CORPORATION; GLOBAL CAPITAL REINSURANCE LIMITED;

GE FRANKONA REINSURANCE LIMITED,

FORMERLY KNOWN AS FRANKONA REINSURANCE COMPANY;

REINSURANCE AUSTRALIA CORPORATION LIMITED,

Defendants-Appellees.
2

_________________________

Appeal from the United States District Court

for the Eastern District of Louisiana

m H-02-CV-4871

_________________________

Before JONES, MAGILL,

*

 AND SMITH, 

Circuit Judges.

PER CURIAM:

**

In this insurance dispute, the district court

dismissed on the ground of forum non conveniens. We have read the briefs and have

heard the arguments of counsel and have consulted applicable portions of the record. We

conclude that the district court did not abuse

its discretion in “finding that England is the

better forum for litigation of these issues.”

The district court explained its reasons in a

careful and thorough “Order and Reasons” entered December 18, 2002. The court considered all the applicable factors, including the

adequacy of the English forum and the applicable public and private factors. The judgment is AFFIRMED, essentially for the reasons provided by the district court.

* Circuit Judge of the United States Court of

Appeals for the Eighth Circuit, sitting by designation.

** 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.
[Federal Register Volume 89, Number 182 (Thursday, September 19, 2024)]
[Notices]
[Pages 76880-76881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21316]


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

POSTAL SERVICE


Product Change--Priority Mail and USPS Ground Advantage[supreg] 
Negotiated Service Agreement

AGENCY: Postal Service<SUP>TM</SUP>.

ACTION: Notice.

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

SUMMARY: The Postal Service gives notice of filing a request with the 
Postal Regulatory Commission to add a domestic shipping services 
contract to the list of Negotiated Service Agreements in the Mail 
Classification Schedule's Competitive Products List.

DATES: Date of required notice: September 19, 2024.

FOR FURTHER INFORMATION CONTACT: Sean Robinson, 202-268-8405.

SUPPLEMENTARY INFORMATION: The United States Postal Service[supreg] 
hereby

[[Page 76881]]

gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on 
September 5, 2024, it filed with the Postal Regulatory Commission a 
USPS Request to Add Priority Mail & USPS Ground Advantage[supreg] 
Contract 329 to Competitive Product List. Documents are available at 
www.prc.gov, Docket Nos. MC2024-620, CP2024-628.

Sean Robinson,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2024-21316 Filed 9-18-24; 8:45 am]
BILLING CODE 7710-12-P
<PAGE>

                                                                    EXHIBIT 32.2

WRITTEN STATEMENT OF CHIEF FINANCIAL OFFICER
PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, the Chief Financial Officer of Colonial Properties Trust, the
general partner of Colonial Realty Limited Partnership, hereby certifies that,
to his knowledge on the date hereof:

      (a)   the Form 10-Q of Colonial Realty Limited Partnership for the period
            ended March 31, 2005 filed on the date hereof with the Securities
            and Exchange Commission (the "Report) fully complies with the
            requirements of Section 13(a) or 15(d) of the Securities Exchange
            Act of 1934; and

      (b)   information contained in the Report fairly presents, in all material
            respects, the financial condition and results of operations of
            Colonial Realty Limited Partnership.

                                      /s/ Weston M. Andress
                                      ---------------------
                                          Weston M. Andress
                                          Chief Financial and Investment Officer
                                          May 9, 2005

                                       32
KENNETH EDWARD 

BUNKLEY,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D14-4058

_____________________________/

Opinion filed February 19, 2015.

An appeal from the Circuit Court for Walton County.

Kelvin C. Wells, Judge.

Nancy A. Daniels, Public Defender, and Steven L. Seliger, Assistant Public 

Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED.

LEWIS, C.J., BENTON, and THOMAS, JJ., CONCUR.