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

No. 14296.

Court of Criminal Appeals of Texas.

June 10, 1931.

J. M. Parker, of Gorman, for appellant.

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

MORROW, P. J.

Violation of one of the provisions of article 666, P. C., 1925, is the offense; penalty assessed at confinement in the penitentiary for one year and six months.

In the count of the indictment upon which the conviction rests, it is charged that 'the accused “did then and there unlawfully transport a still for the manufacture of intoxicating liquor.” The statute declares that it shall be unlawful to “knowingly” transport a still for the manufacture of intoxicating beverages. The omission of the word “knowingly” is deemed fatal to the sufficiency of the indictment. The word “knowingly” is one of the essential elements of the offense denounced. When the word “knowingly” is an essential element of the offense, it is necessary that the indictment declare that the. criminal act was “knowingly” committed. Such is the announcement in Branch’s Ann. Tex. P. C., §§ 498-500. The cases of State v. Stalls, 37 Tex. 440; State v. Arnold, 39 Tex. 75; Tynes v. State, 17 Tex. App. 127; Morris v. State, 93 Tex. Cr. R. 99, 245 S. W. 915, are regarded as directly in point. By analogy, those in which the indictment has omitted the word “wil-fully” are in point, see Johnson v. State, 101 Tex. Cr. R. 217, 275 S. W. 714; Moore v. State, 112 Tex. Cr. R. 414, 16 S.W.(2d) 1089; Woolsey v. State, 14 Tex. App. 57; Decker v. State, 4. Tex. App. 234. The word “unlawfully” as used in the indictment is not equivalent to the word “knowingly” as used in the statute. See State v. Stalls, supra, and other cases cited above. One might be' unlawfully transporting a still for the manufacture of intoxicating liquor, and yet\ not knowingly doing so. Modica v. State, 105 Tex. Cr. R. 39, 285 S. W. 823.

The insufficiency of the indictment in the present instance is conceded by the attorney representing the state.

In affirming the case of Clark v. State, 111 Tex. Cr. R. 384, 12 S.W.(2d) 792, dealing *153with an attack upon an indictment for transporting intoxicating liquor, an analysis of the statute was made showing the distinction therein between the offense of transporting intoxicating liquors, and the offense of transporting a still. From the opinion, we take the following quotation: “It is obvious that the term ‘knowingly,’ as contained in the statute, refers to the words that follow it, and not those that precede it. The point was specifically decided against the appellant in the case of Cox v. State, 107 Tex. Cr. R. 19, 294 S. W. 564.”

In this connection, see the case of Morris v. State, supra.

The judgment of conviction is reversed, and the prosecution ordered dismissed.
[Federal Register Volume 89, Number 189 (Monday, September 30, 2024)]
[Notices]
[Page 79630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22377]



[[Page 79630]]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Allergy and Infectious Diseases; Notice of 
Closed Meeting

    Pursuant to section 1009 of the Federal Advisory Committee Act, as 
amended, 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 Institute of Allergy and Infectious 
Diseases Special Emphasis Panel; NIAID SBIR Phase II Clinical Trial 
Implementation Cooperative Agreement (U44 Clinical Trial Required).
    Date: October 24, 2024.
    Time: 12:00 p.m. to 2:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institute of Allergy and Infectious Diseases, 
National Institutes of Health, 5601 Fishers Lane, Room 3F40A, 
Rockville, MD 20892 (Video Assisted Meeting).
    Contact Person: Robert C. Unfer, Ph.D., Scientific Review 
Officer, Scientific Review Program, Division of Extramural 
Activities, National Institute of Allergy and Infectious Diseases, 
National Institutes of Health, 5601 Fishers Lane, Room 3F40A, 
Rockville, MD 20892, (240) 669-5035, <a href="/cdn-cgi/l/email-protection#a4d6cbc6c1d6d08ad1cac2c1d6e4cacdcc8ac3cbd2"><span class="__cf_email__" data-cfemail="6c1e030e091e184219020a091e2c020504420b031a">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.855, 
Allergy, Immunology, and Transplantation Research; 93.856, 
Microbiology and Infectious Diseases Research, National Institutes 
of Health, HHS)

    Dated: September 25, 2024.
Lauren A. Fleck,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2024-22377 Filed 9-27-24; 8:45 am]
BILLING CODE 4140-01-P


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</html>
PUBLIC LAW 108–136—NOV. 24, 2003 

SECTION 1127
 

FEDERAL FLEXIBLE BENEFITS PLAN ADMINISTRATIVE COSTS.
 

(a) IN GENERAL.—Notwithstanding any other provision of law, an agency or other 

employing entity of the Government which provides or plans to provide a flexible 

spending account option for its employees shall not impose any fee with respect to any of 

its employees in order to defray the administrative costs associated therewith. 

(b) OFFSET OF ADMINISTRATIVE COSTS.—Each such agency or employing entity 

that offers a flexible spending account option under a program established or 

administered by the Office of Personnel Management shall periodically forward to such 

Office, or entity designated by such Office, the amount necessary to offset the 

administrative costs of such program which are attributable to such agency. 

(c) REPORTS.— 

(1) The Office shall submit a report to the Committee on Government Reform of the 

House of Representatives and the Committee on Governmental Affairs of the Senate no 

later than March 31, 2004, specifying the administrative costs associated with the 

Governmentwide program (referred to in subsection (b)) for fiscal year 2003, as well as 

the projected administrative costs of such program for each of the 5 fiscal years 

thereafter. 

(2) At the end of each of the first 3 calendar years in which an agency or other employing 

entity offers a flexible spending account option under this section, such agency or entity 

shall submit a report to the Office of Management and Budget showing the amount of its 

employment tax savings in such year which are attributable to such option, net of 

administrative fees paid under subsection (b).
EXHIBIT 31.1
                                  CERTIFICATION

I, John V. Winfield, certify that:

1.  I have reviewed this annual report on Form 10-KSB of Portsmouth Square,
Inc.;

2.  Based on my knowledge, this 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 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.  The registrant's other certifying officer(s) and I are 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 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 most recent
fiscal quarter that has materially affected, or is reasonably likely to
materially affect, the registrant's internal control over financial reporting;
and

5.  The registrant's other certifying officer(s) and 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 equivalent functions):

    a) all significant deficiencies and material weakness in the design or
operation of internal control over financial reporting which are reasonably
likely to 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 registrant's internal control over
financial reporting.

Date: September 28, 2006                      /s/ John V. Winfield
                                              ---------------------------
                                              John V. Winfield, President
                                              and Chief Executive Officer
# KAKE TRIBAL CORPORATION P.O. Box263 • 

### Kake, AK 99830 • (907} 785-3221 • Fax: (907} 785-6407

May 31,2012 Mr. Michael Martin United States Department ofTransportation Essential Air Service (EAS) and Small Community Air Service Development Program (SCASDP) Sent via email to: EAS@dot.gov Dear Mr. Martin, On behalfof Kake Tribal Corporation, please accept this letterofsupport forAir Excursions llC and their bid to continue serving ourcommunity underthe Essential Air Service program. Air service is a critical transportation lifeline for our isolated community, and Air Excursions has filled that role with timely and reliable flights, and excellent customer service. Coupled with the new ownership team's strong background in Southeast Alaska aviation, we believe Air Excursions' demonstrated track record overthe last two years recommends them well for continued service to Kake, and a new Essential Air Service contract. We urge you to accept Air Excursions' bid to continue serving Kake, Alaska for a four-year term. Thank you foryour consideration ofthis request. Sincerely,
. - ' ··- • :. - 

# >.·:**.**

President/CEO 

# •
# Official Journal C 200/2010

| | ISSN 1725-2423
  doi:10.3000/17252423.C_2010.200.eng |
| --- | --- |
| Official Journal
  of the European Union | C 200 |
| | |
| English edition | Information and Notices | Volume 5322 July 2010 |

ISSN 1725-2423

doi:10.3000/17252423.C_2010.200.eng

Official Journal

of the European Union

C 200

English edition

Information and Notices

Volume 5322 July 2010

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Resolutions, recommendations and opinions |
| | RECOMMENDATIONS |
| | European Commission |
| 2010/C 200/01 | Commission Recommendation of 13 July 2010 on guidelines for the development of national co-existence measures to avoid the unintended presence of GMOs in conventional and organic crops | 1 |

Notice No

Contents

page

I   Resolutions, recommendations and opinions

RECOMMENDATIONS

European Commission

2010/C 200/01

Commission Recommendation of 13 July 2010 on guidelines for the development of national co-existence measures to avoid the unintended presence of GMOs in conventional and organic crops

1

---

| | II   Information |
| --- | --- |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2010/C 200/02 | Non-opposition to a notified concentration (Case COMP/M.5840 — Otto/Quelle Schweiz Assets) (1) | 6 |

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2010/C 200/02

Non-opposition to a notified concentration (Case COMP/M.5840 — Otto/Quelle Schweiz Assets) (1)

6

---

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2010/C 200/03 | Euro exchange rates | 7 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2010/C 200/03

Euro exchange rates

7

---

| | V   Announcements |
| --- | --- |
| | ADMINISTRATIVE PROCEDURES |
| | European Commission |
| 2010/C 200/04 | Call for proposals — EACEA/22/10 for the implementation of Erasmus Mundus 2009-2013 — Action 2 — Partnerships | 8 |
| | Community Plant Variety Office |
| 2010/C 200/05 | Call for expression of interest for the posts of members of the Board of Appeal of the Community Plant Variety Office | 11 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2010/C 200/06 | Prior notification of a concentration (Case COMP/M.5935 — VION/Weyl) (1) | 13 |

V   Announcements

ADMINISTRATIVE PROCEDURES

European Commission

2010/C 200/04

Call for proposals — EACEA/22/10 for the implementation of Erasmus Mundus 2009-2013 — Action 2 — Partnerships

8

Community Plant Variety Office

2010/C 200/05

Call for expression of interest for the posts of members of the Board of Appeal of the Community Plant Variety Office

11

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2010/C 200/06

Prior notification of a concentration (Case COMP/M.5935 — VION/Weyl) (1)

13

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

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

EN
|   |
|---|
|   |  |
| 1 | I have reviewed this annual report on Form 10-K and all reports on Form 10-D required to be filed in respect of the period covered by this report on Form 10-K of Ally Auto Receivables Trust 2012-3 (the “Exchange Act periodic reports”); |

|   |
|---|
|   |  |
| 2 | Based on my knowledge, the Exchange Act periodic reports, taken as a whole, do 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 report; |

|   |
|---|
|   |  |
| 3 | Based on my knowledge, all of the distribution, servicing and other information required to be provided under Form 10-D for the period covered by this report is included in the Exchange Act periodic reports; |

|   |
|---|
|   |  |
| 4 | Based on my knowledge and the servicer compliance statement required in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, the servicer has fulfilled its obligations under the servicing agreement in all material respects; and |

|   |
|---|
|   |  |
| 5 | All of the reports on assessment of compliance with servicing criteria for asset-backed securities and their related attestation reports on assessment of compliance with servicing criteria for asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwise disclosed in this report. Any material instances of noncompliance described in such reports have been disclosed in this report on Form 10-K. |

|                                                               |
|---------------------------------------------------------------|
|                                                               |  |
| /s/ Ryan C. Farris                                            |   |
|                                                          |
| Ryan C. Farris                                                |
| President, Ally Auto Assets LLC, as Depositor                 |
| (Senior Officer in charge of securitization of the depositor) |
In the Senate of the United States, 

February 27, 2015. 

Resolved, That the bill from the House of Representatives (H.R. 33) entitled ‘‘An Act to amend the Internal Revenue Code of 1986 to ensure that emergency services volunteers are not taken into account as employees under the 

shared responsibility requirements contained in the Patient 

Protection and Affordable Care Act.’’, do pass with the following 

AMENDMENT: 

Strike all after the enacting clause and insert the 

following: 

1 SECTION 1. FURTHER CONTINUING APPROPRIATIONS. 

2 The Continuing Appropriations Resolution, 2015 

3 (Public Law 113–164; 128 Stat. 1867) is amended by strik-
2 

† HR 33 EAS 

1 ing the date specified in section 106(3) and inserting 

2 ‘‘March 6, 2015’’. 

Attest: 

Secretary. 

114TH CONGRESS 

1ST SESSION H.R. 33 

AMENDMENT
HeinOnline -- 45 Fed. Reg. 53136 1980
HeinOnline -- 45 Fed. Reg. 53137 1980
1 Local Rule 47.5 provides: "The publication of opinions that

have no precedential value and merely decide particular cases on

the basis of well-settled principles of law imposes needless

expense on the public and burdens on the legal profession." 

Pursuant to that Rule, the court has determined that this opinion

should not be published.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

No. 95-50086

Summary Calendar

__________________

UNITED STATES OF AMERICA,

 Plaintiff-Appellee,

versus

RUDY DOMINGUEZ TALAMANTEZ,

 Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Texas

USDC No. CA-SA-94-125

- - - - - - - - - -

October 30, 1995

Before DAVIS, BARKSDALE and DeMOSS, Circuit Judges.

PER CURIAM:1

Rudy Talamantez, who pleaded guilty to possession with the

intent to distribute 500 grams or more of cocaine, appeals from the

district court's denial of his 28 U.S.C. § 2255 motion to vacate,

set aside, or correct his sentence. He asserts that the district

court erred in its calculation of his criminal history category and

base offense level, and that his trial counsel was ineffective.

(Subsumed within these issues is Talamantez's claim that his right
No. 95-50086

-2-

2 Talamantez's motion for appointment of counsel is denied.

to due process was violated by the Government's "deliberate

violation of the indictment and sentencing legal proceedings".)

We have reviewed the record and the district court's opinion

and find no reversible error. Accordingly, we affirm for

essentially the reasons given by the district court. United States

v. Talamantez, No. CA-SA-94-125 (W.D. Tex. Jan. 23, 1995); see

also, Magistrate Judge's Report and Recommendation, Dec. 12, 1994.2

AFFIRMED.
| VERSO PAPER HOLDINGS LLC                           |   |
|----------------------------------------------------|--------|
| RATIO OF EARNINGS TO FIXED CHARGES                 |   |
| (Unaudited)                                        |   |
|                                               |   |   |   |   |   |   |   |   |   |   |   |   |
|                                               |   | Three Months Ended |   |   | Six Months Ended |   |
|                                               |   | June 30, |   |   | June 30, |   |
| (Dollars in thousands)                             |   | 2012 |   |   | 2011 |   |   | 2012 |   |   | 2011 |   |
| Earnings (Loss):                                   |   |   |   |   |   |   |   |   |   |   |   |   |
| Net loss                                           |   | $ | (19,058 | ) |   | $ | (22,836 | ) |   | $ | (91,425 | ) |   | $ | (65,810 | ) |
| Amortization of capitalized interest               |   |   | 91 |   |   |   | 52 |   |   |   | 181 |   |   |   | 102 |   |
| Capitalized interest                               |   |   | (1,102 | ) |   |   | (665 | ) |   |   | (1,780 | ) |   |   | (1,392 | ) |
| Fixed charges (below)                              |   |   | 33,878 |   |   |   | 31,814 |   |   |   | 66,103 |   |   |   | 64,526 |   |
| Earnings (loss) adjusted for fixed charges         |   | $ | 13,809 |   |   | $ | 8,365 |   |   | $ | (26,921 | ) |   | $ | (2,574 | ) |
|                                               |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| Fixed charges:                                     |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |   |
| Interest expense                                   |   | $ | 31,993 |   |   | $ | 30,471 |   |   | $ | 62,910 |   |   | $ | 61,815 |   |
| Capitalized interest                               |   |   | 1,102 |   |   |   | 665 |   |   |   | 1,780 |   |   |   | 1,392 |   |
| Portion of rent expense representative of interest |   |   | 783 |   |   |   | 678 |   |   |   | 1,413 |   |   |   | 1,319 |   |
| Total fixed charges                                |   | $ | 33,878 |   |   | $ | 31,814 |   |   | $ | 66,103 |   |   | $ | 64,526 |   |
| Coverage deficiency                                |   | $ | 20,069 |   |   | $ | 23,449 |   |   | $ | 93,024 |   |   | $ | 67,100 |   |
Process flow diagram for the us e of the new chemical at sites controlled by submitter

-Repackaging into smaller containersCONFIDENTIAL
EXHIBIT 35.1  ANNUAL SERVICER COMPLIANCE STATEMENT PURSUANT TO ITEM 1123 OF REGULATION AB

CARMAX BUSINESS SERVICES, LLC

The undersigned, a duly authorized officer of CarMax Business Services, LLC, as Servicer pursuant to Section 3.10 of the Sale and
Servicing Agreement dated as of June 1, 2012 (the Sale and Servicing Agreement) among CarMax Auto Owner Trust 2012-2, as Issuer (the Issuer), CarMax Auto Funding LLC, as Depositor, CarMax Business Services, LLC, as
Servicer (the Servicer), and Wells Fargo Bank, National Association, as Backup Servicer, does hereby certify that:



| | 1. | CarMax Business Services, LLC is, as of the date hereof, the Servicer under the Sale and Servicing Agreement.
| | -- | -------------------------------------------------------------------------------------------------------------



| | 2. | The undersigned is duly authorized to execute and deliver this Officers Certificate.
| | -- | -------------------------------------------------------------------------------------



| | 3. | A review of the activities of the Servicer during the period beginning on March 1, 2013 and ending on February 28, 2014 and of the Servicers performance under the Sale and Servicing Agreement was made
under my supervision. To the best of my knowledge, based on such review, the Servicer has fulfilled all of its obligations under the Sale and Servicing Agreement in all material respects throughout such period.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Capitalized terms used in this certificate and not otherwise defined herein have the meanings assigned to them in the Sale and Servicing
Agreement.

IN WITNESS WHEREOF, the undersigned, a duly authorized officer of the Servicer, has duly executed this Officers
Certificate this 23rd day of May, 2014.



CARMAX BUSINESS SERVICES, LLC/s/ Thomas W. ReedyThomas W. ReedyExecutive Vice President and Chief Financial Officer