alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## In The Court of Appeals Sixth Appellate District of Texas at Texarkana

06

- 20

- 00076

- CR

MARIO ALBERTO BRIONES , Appellant

V.

THE STATE OF TEXAS , Appellee

On Appeal from the 76th District Court Camp County, Texas Trial Court No. CF

- 19

- 01958

Befo re Morriss, C.J., Burgess and Stevens, JJ. Memorandum Opinion by Chief Justice Morriss2 

### ME MORANDUM OPINION

Mario Alberto Briones pled guilty to the offense of deadly conduct. 1 Pursuant to a plea

agreement with the State, Briones was sentenced to eight yea rs ’ imprisonment. The trial court
certified that this was a plea

- agreement case and that Briones had no right of appeal; nonetheless,

Briones , actin g pro se, filed a notice of appeal. Because we find that we are without jurisdiction

over this case as a r es ult of Briones ’ s plea agreement with the State, we dismiss the appeal for
want of jurisdiction.
The Texas Legislature has granted a v ery limited right of appeal in plea

- bargain cases.

Rule 25.2 (a)(2) of the Texas Rules of Appellate Procedure details tha t ri ght as follows:

(2) . . . . In a plea bargain case

— that is, a case in which a defendant’s plea was guilty or nolo contendere and t he punishment did not exceed the punishment recommended by the prosecutor and agreed to by the defendant

— a defendant may appe al only:

(A) those matters that were raised by written motion filed and ruled on before trial, or

(B) after getting the trial c ourt’s permission to appeal.

T EX

. R. A PP

. P. 25.2(a)(2). There is no indication in the record before this Court that Brion es
either (1) filed a motion that was ruled on before trial or (2) obtained the trial court’s permission
to appeal. To the contrar y, the trial court’s certification of Briones ’s right of appeal indicates
that he has no right of appeal. Pursuant to Rule 2 5.2(d) of the Texas Rules of Appellate
Procedure, this Court is required to dismiss an appeal if, as in this case, the trial court’ s
certification indicates no right of appeal. See T EX

. R. A PP

. P. 25.2(d).

1 See T EX

. P ENAL C ODE A NN

. § 22.05(b)(2).3

We informed Briones of this apparent defec t in o ur jurisdiction over his appeal and
afforded him an opportunity to respond and, if possible, cure such defect. Briones did not fil e a
response to our jurisdictional defect letter

.
Because Briones has no right of appeal as a result of his plea bar gain w ith the State and
because the trial court’s certification correctly indicates that he is without a right of appeal, we

dismiss this appeal for want of jurisdiction.

Josh R. Morriss, III Chief Justice

Date Submitted: September 15 , 2020 Date D ecided: September 16 , 2020

Do Not Publish
***Exhibit 32 (i)***

 

CERTIFICATION OF CHIEF EXECUTIVE OFFICER 

PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTEDPURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

In connection with the reporton Form 10-Q of Abakan Inc. for the quarterly period ended February 28, 2011,as filed with the Securities and Exchange Commission on the date hereof, I,Robert Miller, do hereby certify, pursuant to 18 U.S.C. §1350, as adoptedpursuant to §906 of the Sarbanes-Oxley Act of 2002, that, to the best of myknowledge and belief:

 

(1)  This report fully complies withthe requirements of section 13(a) or 15(d) of the Securities Exchange Act of1934; and

(2)  The information contained in thisreport fairly presents, in all material respects, the financial condition ofthe registrant at the end of the period covered by this report and results ofoperations of the registrant for the period covered by this report.

 

Date: April 18, 2011

 

 

/s/ Robert H. Miller

Robert H. Miller, ChiefExecutive Officer

 

This certificationaccompanies this report pursuant to §906 of the Sarbanes-Oxley Act of 2002 andshall not, except to the extent required by the Sarbanes-Oxley Act of 2002, bedeemed filed by the registrant for the purposes of §18 of the SecuritiesExchange Act of 1934, as amended. This certification shall not be incorporatedby reference into any filing under the Securities Act of 1933, as amended, orthe Securities Exchange Act of 1934, as amended (whether made before or afterthe date of this report), irrespective of any general incorporation languagecontained in such filing.

 

 

 

----
MARYLANDDEPARTMENTOFTHEENVIRONMENT1800WashingtonBoulevard•BaltimoreMD21230N/IDE410-537-3000•1-800-633-6101MartinO’MalleyRobertM.Summers,Ph.D.GovernorSecretaryAnthonyG.BrownLieutenantGovernorECEIvELMAR052012Mr.ShawnM.GarvinEPA,REGIONRegionalAdministratorSCEGREG1Q1.ALADMINISTRATOU.S.EnvironmentalProtectionAgency,RegionIII1650ArchStreet(3RAOO)Phi1adel,hia,PA19103-2029RF“1VEDDearMr.Garvin:MAk052012OnJune6,2008,MarylandofficiallyrequestedEPAapprovalofthefollo4eimplementationplan(SIP)revision:WashingtonCounty,MDPM2.5StateImplementationPlanandBaseYearInventoryTheplanrevisiondemonstratedtheimprovementsmadetotheairqualityintheMartinsburgHagerstown,WestVirginia-Marylandarea(“theArea”)andtheeffortstakentoachievethe1997nationalambientairqualitystandard(NAAQS)forPM2.5by2009.ThisSIPrevisionfortheMartinsburg-Hagerstownareaincluded:(i)theattainmentplan;(ii)ananalysisofreasonablyavailablecontrolmeasures;(iii)anattainmentdemonstration;(iv)contingencyplansforfailuretoattaintheairqualitystandard;(v)mobilesourcebudgets;and(vi)thebaseyear2002airpollutantemissionsinventory.AirqualityintheMartinsburg-Hagerstown,WestVirginia-MarylandareahasimprovedsignificantlysinceEPA’simplementationofthe1997annualNationalAmbientAirQualityStandard(NAAQS)forfineparticulatematter(PM25).OnNovember20,2009(74FR60199),EPAdeterminedthattheareahadattainedtheNAAQSandissuedacleandatadeterminationfortheAreaforthe1997annualPM2,5standard.ThisdeterminationsuspendedtherequirementsfortheStateofMarylandtosubmitattainmentdemonstrationsandassociatedreasonablyavailablecontrolmeasures,reasonablefurtherprogressplans,contingencymeasures,andotherplanningSIPsrelatedtoattainmentoftheNAAQSintheArea.Thepurposeofthisletteristowithdrawtheseportionsofthesubmittal.Specifically,theStateofMarylandherebywithdraws:(i)theattainmentplan;(ii)theanalysisofreasonablyavailablecontrolmeasures;(iii)theattainmentdemonstration;(iv)thecontingencyplansforfailuretoattaintheairqualitystandard;and(v)themobilesourcebudgets,allofwhichweresubmittedonJune6,2008.ToensurethatMarylandhasmettherequirementsofSection172(c)(3)oftheCleanAirActregardingRecycledPaperwww.mde.state.md.usTTYUsers1-800-735-2258viaMarylandRelayServiceCCMr.ShawnM.GarvinPage2inventorysubmittals,theStateisnotrequestingthewithdrawalofthebaseyear2002airpollutantemissionsinventory,whichcomprisesChapter3andAppendixAoftheoriginalJune6,2008,SIPsubmission.Onarelatedmatter,Maryland,incooperationwiththeHagerstownEasternPanhandleMetropolitanPlanningOrganization,isdevelopingaredesignationrequestandmaintenanceplanfortheMartinsburgHagerstown,WestVirginia-MarylandAreawithrespecttothe1997PM2.5annualNAAQS.Thisrequestandplan,whichwillcontainmobilevehicleemissionsbudgetsdevelopedusingMOVES2O1O,isexpectedtobereadyforfinalsubmittaltoEPAin2012.Ifyouhaveanyquestionsregardingthesemattersorrequireadditionalinformation,pleasecontactMr.George(Tad)S.Aburn,Jr.,DirectoroftheAirandRadiationManagementAdministrationat410-537-3255,orbyemail,atgaburn,mde.state.md.us.Sincerely,Secretarycc:DianaEsher,Director,AirProtectionDivision,EPARegionIIIGeorge(Tad)S.Aburn,Jr.,Director,AirandRadiationManagementAdministration,qRecycledPaperwww.mde.state.md.usTTYUsers1-800-735-2258ViaMarylandRelayService
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 278 Introduced in Senate (IS)]

106th CONGRESS
  1st Session
                                 S. 278

To direct the Secretary of the Interior to convey certain lands to the 
                   county of Rio Arriba, New Mexico.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 21, 1999

 Mr. Domenici (for himself and Mr. Bingaman) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL

 
To direct the Secretary of the Interior to convey certain lands to the 
                   county of Rio Arriba, New Mexico.

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

SECTION 1. OLD COYOTE ADMINISTRATIVE SITE.

    (a) Conveyance of Property.--Not later than one year after the date 
of enactment of this Act, the Secretary of the Interior (herein ``the 
Secretary'') shall convey to the County of Rio Arriba, New Mexico 
(herein ``the County''), subject to the terms and conditions stated in 
subsection (b), all right, title, and interest of the United States in 
and to the land (including all improvements on the land) known as the 
``Old Coyote Administrative Site'' located approximately \1/2\ mile 
east of the Village of Coyote, New Mexico, on State Road 96, comprising 
one tract of 130.27 acres (as described in Public Land Order 3730), and 
one tract of 276.76 acres (as described in Executive Order 4599).
    (b) Terms and Conditions.--
            (1) Consideration for the conveyance described in 
        subsection (a) shall be--
                    (A) an amount that is consistent with the special 
                pricing program for Governmental entities under the 
                Recreation and Public Purposes Act; and
                    (B) an agreement between the Secretary and the 
                County indemnifying the Government of the United States 
                from all liability of the Government that arises from 
                the property.
            (2) The lands conveyed by this Act shall be used for public 
        purposes. If such lands cease to be used for public purposes, 
        at the option of the United States, such lands will revert to 
        the United States.
    (c) Land Withdrawals.--Land withdrawals under Public Land Order 
3730 and Executive Order 4599 as extended in the Federal Register on 
May 25, 1989 (54 F.R. 22629) shall be revoked simultaneous with the 
conveyance of the property under subsection (a).
                                 <all>
```
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

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 Arthritis and Musculoskeletal and Skin Diseases Special Emphasis Panel; NIAMS Ancillary 2025/01 Review Meeting.                    

*Date:*                         November 12, 2024.                    

*Time:*                         10:00 a.m. to 3:00 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Address:*                         National Institutes of Health, One Democracy Plaza, 6701 Democracy Boulevard, Bethesda, MD 20892.                    

*Meeting Format:*                         Virtual Meeting.                    

*Contact Person:*                         Chiguang Feng, Ph.D., Scientific Review Officer, Scientific Review Officer, Scientific Review Branch, Extramural Program, Arthritis and Musculoskeletal and Skin Diseases, 6701 Democracy Boulevard, Bethesda, MD 30892, (301) 451-7766,                         *chiguang.feng@nih.gov.*
      ( print page 82616)    
(Catalogue of Federal Domestic Assistance Program Nos. 93.846, Arthritis, Musculoskeletal and Skin Diseases Research, National Institutes of Health, HHS)

Dated: October 8, 2024.

Miguelina Perez, 

Program Analyst, Office of Federal Advisory Committee Policy.

[FR Doc. 2024-23632 Filed 10-10-24; 8:45 am]

BILLING CODE 4140-01-P
UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 09-6217

UNITED STATES OF AMERICA, 

 Plaintiff – Appellee, 

 v. 

MARIO LAMONT JOHNSON, 

 Defendant – Appellant. 

Appeal from the United States District Court for the Eastern 

District of North Carolina, at Greenville. Malcolm J. Howard, 

Senior District Judge. (5:04-cr-00270-H-1) 

Submitted: May 21, 2009 Decided: May 29, 2009 

Before MOTZ, TRAXLER, and AGEE, Circuit Judges. 

Affirmed by unpublished per curiam opinion. 

Mario Lamont Johnson, Appellant Pro Se. Anne Margaret Hayes, 

Assistant United States Attorney, Raleigh, North Carolina, for 

Appellee.

Unpublished opinions are not binding precedent in this circuit. 
2 

PER CURIAM: 

Mario Lamont Johnson appeals the district court’s 

order denying his motion for sentence reduction under 18 U.S.C. 

§ 3582(c)(2) (2006). Johnson contends that he was entitled to a 

reduction under Amendment 706 of the U.S. Sentencing Guidelines 

Manual (“USSG”), which lowered the base offense levels for drug 

offenses involving cocaine base. See USSG § 2D1.1(c) (2007 & 

Supp. 2008); USSG App C. Amend. 706. Because Johnson was 

sentenced on the basis of his status as a career offender, we 

find that the district court did not abuse its discretion in 

denying Johnson’s motion. See United States v. Sharkey, 543 

F.3d 1236, 1238-39 (10th Cir. 2008); United States v. Moore, 541 

F.3d 1323, 1330 (11th Cir. 2008); United States v. Thomas, 524 

F.3d 889, 889-90 (8th Cir. 2008). 

Accordingly, we affirm the district court’s order. 

United States v. Johnson, No. 5:04-cr-00270-H-1 (E.D.N.C. Jan. 

28, 2009). We also deny Johnson’s motion for appointment of 

counsel. 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
##### Table of Contents



UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
 Washington, D.C. 20549
 FORM 8-K/A
 (Amendment No. 1)
 CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
 Date
of Report (Date of earliest event reported): October 17, 2007 (August 3, 2007)
 Legacy Reserves LP
  Delaware
    
    1-33249
    
    16-1751069(State or other jurisdiction of 
incorporation)
    
    (Commission
File Number)
    
    (IRS Employer
Identification No.)
 303 W. Wall, Suite 1400
Midland, Texas
    
    79701(Address of principal executive offices)
    
    (Zip Code)
 (432) 689-5200
 NOT APPLICABLE
  o
 o
 o
 o




---



TABLE OF CONTENTS  Item 9.01 Financial Statements and Exhibits.SIGNATURESEXHIBIT INDEXConsent of Independent Registered Public Accounting FirmAudited and Unaudited Statements of Revenues and Direct Operating ExpensesUnaudited Pro Forma Combined Balance Sheet and the Unaudited Combined Pro Forma Statements of Operations    Table of Contents   
 Item 9.01 Financial Statements and Exhibits.
 (a)
    
    Financial statements of businesses acquired.
  (b)
    
    Pro forma financial information.




---



##### Table of Contents



(d)
    
    Exhibits.
 Exhibit Number
    
    DescriptionExhibit 23.1 *
    
    Consent of Independent Registered Public Accounting Firm 
BDO Seidman, LLPExhibit 99.1 *
    
    The audited and unaudited statements of revenues and direct
operating expenses, including the notes thereto, for the
Raven OBO properties for the year ended December 31, 2006,
and for the six month periods ended June 30, 2006 and 2007.Exhibit 99.2 *
    
    The unaudited pro forma combined balance sheet at June 30,
2007 which gives effect to the Raven OBO
Acquisition and the unaudited combined pro forma statements
of operations for the year ended December 31, 2006 and for
the six month period ended June 30, 2007 which give effect
to the Raven OBO
Acquisition and other
transactions described therein.
 
 *
    
    filed herewith




---



##### Table of Contents



SIGNATURES
  LEGACY RESERVES LPBy:
    Legacy Reserves GP, LLC, its general partnerDate: October 17, 2007
    /s/ Steven H. PruettSteven H. PruettPresident, Chief Financial Officer and
Secretary




---



##### Table of Contents



EXHIBIT INDEX
 Exhibit Number
    
    DescriptionExhibit 23.1 *
    
    Consent of Independent Registered Public Accounting Firm  BDO Seidman LLPExhibit 99.1 *
    
    The audited and unaudited statements of revenues and direct operating
expenses, including the notes thereto, for the Raven OBO properties for
the year ended December 31, 2006, and for the six month periods ended June
30, 2006 and 2007.Exhibit 99.2 *
    
    The unaudited pro forma combined balance sheet at June 30, 2007 which
gives effect to the Raven OBO Acquisition and the
unaudited combined pro forma statements of operations for the year ended
December 31, 2006 and for the six month period ended June 30, 2007 which
give effect to the Raven OBO Acquisition and other
transactions described therein.
 
 *
    
    filed herewith
# L_2011123EN.01006801.xml

| 12.5.2011 | EN | Official Journal of the European Union | L 123/68 |
| --- | --- | --- | --- |

12.5.2011

EN

Official Journal of the European Union

L 123/68

---

COMMISSION IMPLEMENTING REGULATION (EU) No 455/2011

of 11 May 2011

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.

Article 2

This Regulation shall enter into force on 12 May 2011.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 11 May 2011.

For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 299, 16.11.2007, p. 1.

1

(2)  
  OJ L 350, 31.12.2007, p. 1.

2

---

ANNEX

Standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | MA | 50,3 |
| TN | 107,9 |
| TR | 73,3 |
| ZZ | 77,2 |
| 0707 00 05 | TR | 108,9 |
| ZZ | 108,9 |
| 0709 90 70 | MA | 86,8 |
| TR | 113,8 |
| ZZ | 100,3 |
| 0709 90 80 | EC | 27,0 |
| ZZ | 27,0 |
| 0805 10 20 | EG | 56,6 |
| IL | 59,9 |
| MA | 43,8 |
| TN | 54,9 |
| TR | 74,4 |
| ZZ | 57,9 |
| 0805 50 10 | TR | 54,8 |
| ZZ | 54,8 |
| 0808 10 80 | AR | 96,6 |
| BR | 75,3 |
| CA | 107,1 |
| CL | 85,2 |
| CN | 110,3 |
| NZ | 119,2 |
| US | 143,7 |
| UY | 58,3 |
| ZA | 77,8 |
| ZZ | 97,1 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MA

50,3

TN

107,9

TR

73,3

ZZ

77,2

0707 00 05

TR

108,9

ZZ

108,9

0709 90 70

MA

86,8

TR

113,8

ZZ

100,3

0709 90 80

EC

27,0

ZZ

27,0

0805 10 20

EG

56,6

IL

59,9

MA

43,8

TN

54,9

TR

74,4

ZZ

57,9

0805 50 10

TR

54,8

ZZ

54,8

0808 10 80

AR

96,6

BR

75,3

CA

107,1

CL

85,2

CN

110,3

NZ

119,2

US

143,7

UY

58,3

ZA

77,8

ZZ

97,1

---

(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
  ZZ
  ’ stands for ‘of other origin’.

---