alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

___________________ 

No. 18-50668

___________________ 

UNITED STATES OF AMERICA,

 Plaintiff-Appellee,

v.

DIEGO SANTOS-FERRUFINO,

 Defendant-Appellant.

_______________________ 

Appeal from the United States District Court

for the Western District of Texas

USDC No. 4:18-CR-64-1

_______________________ 

Before OWEN, WILLETT, and OLDHAM, Circuit Judges.

PER CURIAM*:

We DENY the government’s unopposed motion to dismiss this appeal as 

moot. The district court lacked jurisdiction to modify its sentence while this 

appeal was pending. See United States v. Lucero, --- F. App’x ----, No.17-50709, 

2018 WL 6200326, at *1 (5th Cir. Nov. 27, 2018). 

 

* 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

March 18, 2019

Lyle W. Cayce

Clerk
No. 18-50668

2

We GRANT the government’s alternative motion to extend time to file 

its brief for 30 days from the entry of this order. If the government (the movant 

below) wishes to take advantage of the indicative ruling scheme, then it should 

comply with that scheme’s procedures. See FED. R. CRIM. P. 37(b); FED. R. APP.

P. 12.1(a).
Charles SMITH, Appellant, v. COUNTRYWIDE HOME LOAN SERVICING, LP, Terrell Smith, Mortgage Electronic Registration Systems Incorporated as Nominee for Countrywide Financial Corporation and Saraceno West Community Association, Incorporated, Appellees.

No. 4D17-2642

District Court of Appeal of Florida, Fourth District.

[May 3, 2018]

**DECISION WITHOUT PUBLISHED OPINION**

*Affirmed.*
EXHIBIT 3.1.1
                            CERTIFICATE OF AMENDMENT
                      OF THE CERTIFICATE OF INCORPORATION
                                       OF
                                  BIOLABS, INC.
                             a New York corporation

                Uder Section 805 Of The Business Corporation Law

     Biolabs,  Inc.,  a New York corporation organized and existing under and by
virtue of the New York Business Corporation Law (the "Corporation"), does hereby
certify:

     1.  The  name  of the Corporation is Biolabs, Inc. The name under which the
Corporation  was  formed  is  Flexx  Realm  Inc.

     2. The Certificate of Incorporation was filed by the Department of State on
the  19th  day  of  September,  1994.

     3.  The  Certificate  of  Incorporation  is  hereby  amended  to effect the
following  change:

     Article  I  shall  read  as  follows:

     "The  name  of  the  Corporation  is:  GENESIS  BIOVENTURES,  INC."

     4.  The  Certificate  of  Amendment to the Certificate of Incorporation was
authorized  first  by the Board of Directors and, then by vote of the holders of
all  outstanding  shares  entitled  to  vote  thereon.

     IN  WITNESS  WHEREOF,  The  Corporation,  has  caused  this  Certificate of
Amendment  to  be  signed  by  its  duly  authorized president, this 26th day of
October,  2001.

                                        /s/ E. Greg McCartney
                                       ----------------------------------------
                                        E.  Greg  McCartney, President and Chief
                                        Executive Officer

                                     E - 52
<PAGE>
<PAGE>
                                                                    Exhibit 23.1

               CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT

    We consent to the incorporation by reference in the Registration Statements
(Form S-8) pertaining to the 1997 Employee Stock Option Plan, the 1998 Stock
Plan and the 1999 Employee Stock Purchase Plan of rStar Corporation (formerly
known as ZapMe! Corporation) of our report dated March 27, 2001, with respect to
the consolidated financial statements of rStar Corporation included in this
annual report (Form 10-K) for the year ended December 31, 2000.

/s/ Grant Thornton LLP

San Francisco, California
March 27, 2001
AD Economic Evaluation

Docket No. FAA-2011-0939 Directorate ID: 2010-SW-067-AD

Helicopter Model: Eurocopter France (Eurocopter) Model AS332C, AS332L, AS332L1, and AS332L2 

Helicopters

Number of Helicopters (U.S. Operators): 0 Helicopters in the US Registry.

Reason: to prevent failure of the upper end fitting ball joints of the main rotor servocontrols, failure of 

the upper end fittings, and loss of control of the helicopter.

Costs: There are no costs of compliance assuming that there are no helicopters on the U.S. Registry with 

the affected part installed as represented by the manufacturer.

Executive Order 12866:

Could the AD be considered a “significant regulatory action?” Yes ( ) No ()

DOT Regulatory Policies and Procedures:

Is the AD significant? Yes ( ) Explain Below No ()

Regulatory Flexibility Act:

Will the AD have a significant economic impact on a substantial number of small entities?

Yes ( ) No ()

Project Engineer: Gary Roach
EXHIBIT 23



CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM



We consent to the incorporation by reference in Registration Statements No. 333-88721, 333-37076, 333-52172, 333-59034, 333-81682, 333-101821,333-108478 and
333-118889 of NetIQ Corporation and subsidiaries on Form S-8 of our report dated September 9, 2004 (which report expresses an unqualified opinion and includes an explanatory paragraph regarding the adoption of Statement of Financial
Accounting Standards No. 142, Goodwill and Other Intangible Assets) appearing in this Annual Report on Form 10-K of NetIQ Corporation for the year ended June 30, 2004.



|                         
|-------------------------
|/s/ Deloitte & Touche LLP
|San Jose, California     
|September 9, 2004
```

[Federal Register Volume 87, Number 20 (Monday, January 31, 2022)]
[Notices]
[Page 4884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01892]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM21-9-000]

Technical Conference on Financial Assurance Measures for 
Hydroelectric Projects; Notice of Technical Conference

    Take notice that the Federal Energy Regulatory Commission 
(Commission) will convene a Commission staff-led technical conference 
to discuss whether, and if so, how the Commission should require 
additional financial assurance mechanisms in the licenses and other 
authorizations it issues for hydroelectric projects, to ensure that 
licensees have the capability to carry out license requirements and, 
particularly, to maintain their projects in safe condition. The 
technical conference will be held on Tuesday, April 26, 2022, from 
approximately 12:00 p.m. to 5:00 p.m. Eastern time. The conference will 
be held virtually.
    The technical conference will be open for the public to attend 
virtually, and there is no fee for attendance. Supplemental notices 
will be issued prior to the conference with further details regarding 
the agenda and how to participate as a panelist. Information on this 
conference will also be posted on the Calendar of Events on the 
Commission's website, www.ferc.gov, prior to the event.
    Commission conferences are accessible under section 508 of the 
Rehabilitation Act of 1973. For accessibility accommodations, please 
send an email to [email protected], call toll-free (866) 208-3372 
(voice) or (202) 208-8659 (TTY), or send a fax to (202) 208-2106 with 
the required accommodations.
    For more information about this technical conference, please 
contact [email protected]. For information related to 
logistics, please contact Sarah McKinley at [email protected] or 
(202) 502-8368.

    Dated: January 25, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-01892 Filed 1-28-22; 8:45 am]
BILLING CODE 6717-01-P
```
**MEMORANDUM**

DATE: March 23, 2015 TO: Carbon Power Plan for Existing Power Plants; Docket ID: OAR - 2013 -0602 FROM: Rob Lawrence

EPA/Region 6/PD SUBJECT: January 28, 2015 Presentation to a meeting of 7 Texas cities’ representatives

interested in Climate Change issues at the municipal level. Part of the presentation discussed the Proposed Carbon Power Plan for Existing Power Plants . **SUMMARY** A panel presentation was made by EPA at a meeting of 7 Texas cities’ representatives interested in Climate Change issues at the municipal level. Part of the presentation discussed the Proposed Carbon Power Plan for Existing Power Plants, which was proposed on June 2, 2014. The meeting was in Dallas, Texas . **ATTENDEES** Participants: Representatives were from Austin, Dallas, Denton, El Paso, Houston,

Plano, and San Antonio EPA Participant : Rob Lawrence (Region 6 Energy Policy Advisor)
"Chakrabarty, Renu

M"

<Renu.M.Chakrabart

y@wv.gov>

02/08/2011 02:28 PM To Group A-AND-R-DOCKET@EPA

cc "Benedict, John A" <John.A.Benedict@wv.gov>, "Mcderment,

Denton B" <Denton.B.Mcderment@wv.gov>, "Fedczak, James P"

<James.P.Fedczak@wv.gov>, "Pursley, Steven R"

bcc

Subject Comments on 40 CFR 63, Subpart LLL, Portland Cement

Manufacturing NESHAP (EPA-HQ-OAR-2002-0051)

Dear Mr. Barnett,

Please accept the attached suggested technical corrections on 40 CFR 63, Subpart LLL, Portland Cement

Manufacturing NESHAP, from the West Virginia Department of Environmental Protection’s Division of

Air Quality.

Thank you for your time and attention to addressing these corrections. Should you require additional

clarification on these comments, please contact Mr. Denton McDerment, PE in our agency’s Title V

Permitting Section at Denton

. B

. Mcderment @ wv

. gov or (304) 926

‐ 0499, ext. 1221.

Thank you,

Renu M. Chakrabarty, PE

Air Toxics Coordinator

Division of Air Quality

West Virginia Department of Environmental Protection

601 57 th Street, SE

Charleston, WV 25304

Tel: (304) 926

‐ 0499, ext. 1246

Fax: (304) 926

‐ 0479

e

‐ mail: Renu

. M

. Chakrabarty @ wv

. gov
Exhibit 32.1



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 Annual Report of Ariba, Inc. (the Company) on Form 10-K for the year ended September 30, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the Report), Robert M. Calderoni, as Chief Executive Officer of the Company, and James W. Frankola, as Chief Financial Officer of the Company, each hereby certifies, 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.
|--- |  | ---------------------------------------------------------------------------------------------------------------------------------------------------



/S/    ROBERT M.
CALDERONIRobert M. Calderoni Chief Executive Officer




Date: December 14, 2004



/S/    JAMES W.
FRANKOLAJames W. Frankola Executive Vice President and Chief Financial Officer




Date: December 14, 2004
Daniel Reese CRUTCHFIELD, Appellant, v. STATE of Florida, Appellee.

No. 1D17-3951

District Court of Appeal of Florida, First District.

May 2, 2018

Andy Thomas, Public Defender, and Steven L. Seliger, Assistant Public Defender, Tallahassee, for Appellant.

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

Per Curiam.

AFFIRMED .

Osterhaus, Winokur, and M.K. Thomas, JJ., concur.
February 11, 2010

Modeling files generated by EPA to estimate visibil ity improvement from our alternative emission control strategy for Four Corners Power Pl ant are available upon request.

These modeling files are too large and numerous to post on our website and are not in an

acceptable format to post at www.regulations.gov

.

Please send an email r9air_fcppbart@epa.gov or call Anita Lee at 415-972-3958, or Scott

Bohning (EPA Region 9 modeler) at 415-947-4127.

Thank you.
<PAGE>

                                                                    EXHIBIT 23.1


                        CONSENT OF INDEPENDENT AUDITORS


We consent to the incorporation by reference in the Registration Statements on
Form S-8 No. 33-42259 pertaining to the CytRx Corporation 1986 Stock Option
Plan, No. 33-93816 pertaining to the CytRx Corporation 1994 Stock Option Plan,
No. 33-93818 pertaining to the CytRx Corporation 1995 Stock Option Plan, and No.
333-84657 pertaining to the CytRx Corporation 1998 Stock Option Plan and to the
Registration Statements on Form S-3 Nos. 33-93820, 333-39607, 333-44043, 333-
48837, 333-45652, and 333-33792 of CytRx Corporation and in the related
prospectuses of our report dated March 8, 2001, with respect to the consolidated
financial statements and schedule of CytRx Corporation included in this Annual
Report (Form 10-K) for the year ended December 31, 2000.



                                           /s/ ERNST & YOUNG LLP

Atlanta, Georgia
March 26, 2001
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 of Catalina Marketing Corporation (the Company) on Form 10-Q for the
period ending June 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Rick P. Frier, Executive Vice President and Chief Financial 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.
|--- | ---------------------------------------------------------------------------------------------------------------------------------------------------



|                                                                                                 
|-------------------------------------------------------------------------------------------------
|/s/ Rick P. Frier                                                                                
|Rick P. Frier                                                                                    
|Executive Vice President and Chief Financial Officer (Principal Financial and Accounting Officer)
|                                                                                                 
|August 2, 2007
<TABLE> <S> <C>

<ARTICLE>                     5
<RESTATED>
<MULTIPLIER>                                   1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              JUN-30-1997
<PERIOD-END>                                   MAR-31-1997
<CASH>                                          197,584
<SECURITIES>                                        250
<RECEIVABLES>                                    93,460
<ALLOWANCES>                                          0
<INVENTORY>                                           0
<CURRENT-ASSETS>                                367,131
<PP&E>                                          210,778
<DEPRECIATION>                                   61,564
<TOTAL-ASSETS>                                  722,520
<CURRENT-LIABILITIES>                           515,091
<BONDS>                                               0
<PREFERRED-MANDATORY>                                 0
<PREFERRED>                                           1
<COMMON>                                          1,948
<OTHER-SE>                                       86,491
<TOTAL-LIABILITY-AND-EQUITY>                    722,520
<SALES>                                       1,209,485
<TOTAL-REVENUES>                              1,209,485
<CGS>                                           746,368
<TOTAL-COSTS>                                 1,700,082
<OTHER-EXPENSES>                                 10,294
<LOSS-PROVISION>                                      0
<INTEREST-EXPENSE>                                1,227
<INCOME-PRETAX>                               (487,528)
<INCOME-TAX>                                          0
<INCOME-CONTINUING>                           (487,528)
<DISCONTINUED>                                        0
<EXTRAORDINARY>                                       0
<CHANGES>                                             0
<NET-INCOME>                                  (487,528)
<EPS-PRIMARY>                                    (2.58)
<EPS-DILUTED>                                    (2.58)
        


</TABLE>
MEMORANDUM OPINION

No. 04-12-00199-CV

IN RE Yvonne LEIJA, Relator

Original Mandamus Proceeding1

PER CURIAM

Sitting: Karen Angelini, Justice

Rebecca Simmons, Justice

Marialyn Barnard, Justice

Delivered and Filed: April 18, 2012

PETITION FOR WRIT OF MANDAMUS DENIED

On April 2, 2012, relator filed a petition for writ of mandamus. The court has considered 

relator’s petition for writ of mandamus and is of the opinion that relator is not entitled to the 

relief sought. Accordingly, the petition for writ of mandamus is DENIED. See TEX. R. APP. P. 

52.8(a). 

PER CURIAM

 1

This proceeding arises out of Cause No. 2011-EM5-02019, styled In the Interest of T.G.R., a child, pending in the 

45th Judicial District Court, Bexar County, Texas, the Honorable Barbara Hanson Nellermoe presiding. However, 

the order complained of was signed by the Honorable Solomon Casseb, III, presiding judge of the 288th Judicial 

District Court, Bexar County, Texas.
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1443 Referred in Senate (RFS)]

<DOC>
117th CONGRESS
  1st Session
                                H. R. 1443

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 12, 2021

     Received; read twice and referred to the Committee on Banking, 
                       Housing, and Urban Affairs

_______________________________________________________________________

                                 AN ACT

 
To amend the Equal Credit Opportunity Act to require the collection of 
      small business loan data related to LGBTQ-owned businesses.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``LGBTQ Business Equal Credit 
Enforcement and Investment Act''.

SEC. 2. SMALL BUSINESS LOAN DATA COLLECTION.

    Section 704B of the Equal Credit Opportunity Act (15 U.S.C. 1691c-
2) is amended--
            (1) by inserting ``LGBTQ-owned,'' after ``minority-owned,'' 
        each place such term appears;
            (2) in subsection (e)(2)(G), by inserting ``, sexual 
        orientation, gender identity'' after ``sex''; and
            (3) in subsection (h), by adding at the end the following:
            ``(7) LGBTQ-owned business.--The term `LGBTQ-owned 
        business' means a business--
                    ``(A) more than 50 percent of the ownership or 
                control of which is held by 1 or more individuals self-
                identifying as lesbian, gay, bisexual, transgender, or 
                queer; and
                    ``(B) more than 50 percent of the net profit or 
                loss of which accrues to 1 or more individuals self-
                identifying as lesbian, gay, bisexual, transgender, or 
                queer.''.

SEC. 3. DETERMINATION OF BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

            Passed the House of Representatives June 24, 2021.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.
```
Oriana CAMPOS, Appellant/Petitioner(s), v. GREEN TREE SERVICING, LLC, et al., Appellee/Respondent(s).

CASE NO.: 2D17-4418

District Court of Appeal of Florida, Second District.

May 23, 2018

BY ORDER OF THE COURT:

Appellee Green Tree Servicing, LLC's motion to dismiss is granted, and this appeal is dismissed for failure to prosecute.

NORTHCUTT, SALARIO, and BADALAMENTI, JJ., Concur.
Lidia VAZQUEZ, Appellant, v. WAL-MART STORES, INC., Appellee.

No. 3D17-1181

District Court of Appeal of Florida, Third District.

Opinion filed May 2, 2018

Wasson & Associates, Chartered and Annabel C. Majewski, Miami; Calil Law and Jorge A. Calil, for appellant.

Simon, Reed & Salazar and Gregory A. Reed and Julian M. Smothers, Miami, for appellee.

Before SALTER, EMAS and LINDSEY, JJ.

PER CURIAM.

Affirmed. *Encarnacion v. Lifemark Hosps. of Fla.*, 211 So.3d 275 (Fla. 3d DCA 2017) ; *Wilson-Greene v. City of Miami*, 208 So.3d 1271 (Fla. 3d DCA 2017) ; § 768.0755, Fla. Stat. (2014).
Exhibit 10.19




Marten Transport, Ltd.




2011 Non-Employee Director Compensation Summary




The Board of Directors of Marten Transport, Ltd. approved the following fee schedule for non-employee directors for fiscal year 2011:




Annual Board retainer

$
22,500Lead Director


5,000Audit Committee chair


15,000Compensation Committee chair


7,500Nominating/Corporate Governance Committee chair


2,500





The company generally pays non-employee directors a fee of $1,000 for each Board meeting attended, $750 for each committee meeting attended, and reimburses them for out-of-pocket expenses of attending meetings.




Pursuant to the non-employee director option program adopted on March 1, 2006, which is similar to the program that was suspended in 2004, each non-employee director will also receive an automatic grant of an option to purchase 2,500 shares of common stock annually upon re-election to the Board by the stockholders.  These options will be issued at a per share exercise price equal to the fair market value of one share of common stock on the grant date and expire ten years from the grant date.
Brian ROBERTS, Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-3351

District Court of Appeal of Florida, Second District.

Opinion filed March 23, 2018.

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Gregory Lee JOHNSON, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-370

District Court of Appeal of Florida, Fifth District.

Decision filed April 3, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.