alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee v. Hector Felix GARZA-GONZALEZ, Defendant-Appellant

No. 16-41319 Summary Calendar

United States Court of Appeals, Fifth Circuit.

Filed May 2, 2017

Carmen Castillo Mitchell, Assistant U.S. Attorney, U.S. Attorney’s Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee

Hector Felix Garza-Gonzalez, Pro Se

Before REAVLEY, OWEN, and ELROD, Circuit Judges.

PER CURIAM: *

The Federal Public Defender appointed to represent Hector Felix Garza-Gonzalez has moved for leave to withdraw and has filed a brief in accordance with *Anders v.*California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and *United States v. Flores,*632 F.3d 229 (6th Cir. 2011). Garza-Gonzalez has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. *See*5th Cir. R. 42.2.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
Note to Docket EPA-HQ-OPA-2006-0090

Call with Exxon Mobil Representatives

3/12/2015; 1 hour

EPA staff participated in a call with representatives from the ExxonMobil to discuss issues related to the 

Subpart J proposed amendments and the comment period. The focus of the discussion was on the 

proposed amendments that would establish toxicity thresholds for listing products on the Subpart J 

Product Schedule. The questions were on the availability of existing toxicity data, based on the proposed 

toxicity testing procedures, relative to the proposed test oils and dispersants currently on product 

schedule. Exxon Mobil representatives expressed concerns regarding the availability of the test oils for 

them to perform some independent testing, the variability of the toxicities within different samples of 

the same oil, and the potential impact on the thresholds for listing products on the Schedule given that 

variability. EPA informed Exxon Mobil that it decided against granting the public comment period 

extension requests for this action and requested any concerns be included in their comments on the 

proposed action.

Exxon Mobil Participants:

Tom Coolbaugh

Erik Demicco

Tim Nedwed

Tom Parkerton

EPA Participants:

Robyn Conmy

Craig Matthiessen

Vanessa Principe

Greg Wilson
#### UNITED STATES of America, Plaintiff-Appellee, v. Joseph C. MORRISON, Jr., Defendant-Appellant.

No. 16-30282

United States Court of Appeals, Ninth Circuit.

Submitted October 23, 2017 *

Filed October 27, 2017

John David Sullivan, Assistant U.S. Attorney, Leif Johnson, Assistant U.S. Attorney, Office of the US Attorney, Billings, MT, for Plaintiff-Appellee

Robert L. Kelleher, Jr., Esquire, Attorney, Kelleher Law Office, Billings, MT, for Defendant-Appellant

Before: LEAVY, WATFORD, and FRIEDLAND, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R. App. P. 34(a)(2).

MEMORANDUM **

Joseph C. Morrison, Jr., appeals from the district court’s judgment and challenges the 96-month sentence imposed following his guilty-plea conviction for involuntary manslaughter, in violation of 18 U.S.C. §§ 1112(a) and 1153(a). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Morrison contends that the district court failed to- consider mitigating factors, such as his diminished capacity and alcohol addiction, and imposed a substantively unreasonable sentence. The record reflects that the court considered the testimony of the clinical psychologist who examined Morrison, as well as Morrison’s other mitigating arguments, and concluded that an upward variance was nevertheless warranted. The court did not abuse its discretion. *See Gall v. United States,*552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). The above-Guidelines sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances, including the nature of the offense and Morrison’s history of drunk driving and other violent behavior. *See Gall,*552 U.S. at 51, 128 S.Ct. 586.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
# C_2005101EN.01002501.xml

| 27.4.2005 | EN | Official Journal of the European Union | C 101/25 |
| --- | --- | --- | --- |

27.4.2005

EN

Official Journal of the European Union

C 101/25

---

Non-opposition to a notified concentration

(Case COMP/M.3311 — Van Oord/BHD/Bagger Holding JV)

(2005/C 101/10)

(Text with EEA relevance)

On 11 December 2003, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EEC) No 4064/89. 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:

| — | from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/). This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/). This web site 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 under document number 32003M3311. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32003M3311. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex)

---
**UNITED STA TES ENVIRONMENTA**  **L PROTECTION A GENCY**  WA SHINGTON, D.C. 20460

OFFICE OF CHEMICAL SAFETY AND POLLUTION PREVENTION August 2, 2012 PC Code: 117403 **MEMORANDUM** DP Barcode: 401259 SUBJECT: An IR
- 4 Action

- Drinking Water Exposure Assessment for

Proposed New Use of Clopy ralid on Teff FROM: James L in , Environmental Engineer

Environmental Risk Branch II Environmental Fate and Effects Division (7507P) THRU: Brian Anderson , Branch Chief

Greg Orrick, Environmental Scientist Environmental Risk Branch II Environmental Fate and Effects Division (7507P) TO: Kathry n Montague, Risk Manager Michael Walsh, Risk Manager Reviewer Herbicide Branch Registration Division (7505P) AND Barbara Madden, Risk Manager Laura Nollen , Risk Reviewer RIMUERB Registration Division (7505P) This memo presents the drinking water exposure assessment of clop yr alid use on teff. The proposed single and seasonal maximum application rate is 1/3 pint of Stinger® per acre (0.125 lb a.i./ac)

. This proposed use rate is less than the currently labeled maximum rate of 0.5 lbs a.i./ac , which was assessed in the drinking water exposure assessment dated December 19, 2011 (DP barcode 391398) . Therefore, the drinking water exposure estimate s from the 2011 assessment (shown below) should continue to be used for the human health risk assessment.

**Media Max Concentration**  **(ppb) Source**  Ground water 0.5 3 NAWQA ( Oregon) Surface water (acute) 45 FIRST (non

- food crop

– 1 application per year @ 0.5 lb a.i./A) Surface water (chronic) 1 2 FIRST (non

- food crop

– 1 application per year @ 0.5 lb a.i./A)
PAD District / Refinery Location

Total Atmospheric

Distillation

Capacity (bbl/cd)

Crude Oil Total Downstream

Charge Capacity

(bbl/sd)

Date 

Operable

Date of Last

Operation

Date

Shutdown

Table 13. Shutdown and Reactivated Refineries During 2007

a b

REACTIVATED

PAD District II 12,000

Ventura Refining & 

Transmission LLC

Thomas, OK 12,000 05/07

OTHER

c PAD District III 0 0

Equistar Chemicals LP Channelview, TX 0 0 02/57

SHUTDOWN

PAD District III 16,700 15,400

Gulf Atlantic Operations 

LLC

Mobile, AL 16,700 15,400 03/78 03/06 09/07

Total U.S. Shutdowns 16,700 15,400

a

b

bbl/cd=Barrels per calendar day.

bbl/sd=Barrels per stream day. c Equistar Chemicals LP is a wholly owned subsidiary of Access Industries (formerly Lyondell Chemical Company). The Channelview, TX plant does not have 

any atmospheric crude oil distillation capacity or downstream charge capacity but is included in the total refinery counts on Table 1. The production capacity 

of the alkylation plant is included on Tables 2, 4, and 7.

Sources: Energy Information Administration (EIA) Form EIA-810, "Monthly Refinery Report" and Form EIA-820, "Annual Refinery Report."

Energy Information Administration, Refinery Capacity 2008 50
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

SAMSON PETER RODRIGUEZ,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D15-0800

[February 3, 2016]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, 

Broward County; David A. Haimes, Judge; L.T. Case No. 07-10093CF10A.

Samson Peter Rodriguez, Indiantown, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Rachael Kaiman, 

Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We accept the state’s concession of error on appeal, vacate the order of 

the trial court entered November 21, 2014, and remand with directions 

that the trial court grant appellant an evidentiary hearing on his claim that 

counsel retained by appellant’s father failed to timely file an amended 

motion for post-conviction relief, as permitted in Rodriguez v. State, 100 

So. 3d 1244, 1245 (Fla. 4th DCA 2012). See Medrano v. State, 748 So. 2d 

986, 987 (Fla. 1999); Steele v. Kehoe, 747 So. 2d 931 (Fla. 1999).

Reversed and remanded with directions.

GROSS, DAMOORGIAN and KLINGENSMITH, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports.

Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum

opinions. Please also note that this electronic memorandum opinion may contain

computer-generated errors or other deviations from the official paper version filed by the Court of

Appeals and does not include the filing date. 

1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

2 ELVA SANCHEZ HERNANDEZ

3 Spouse and Wrongful Death

4 Administrator of the Estate of

5 IRVING ROBERTO HERNANDEZ,

6 Worker-Appellant,

7 v. No. 34,290

8 RODRIGO L. ONTIVEROS and

9 ELSA ONTIVEROS d/b/a ROL

10 TRUCKING and LUDWIG 

11 CUSTOM HARVEST,

12 Employer/Insurer-Appellees,

13 and

14 NEW MEXICO UNINSURED

15 EMPLOYERS FUND,

16 Statutory Third-Party. 

17 APPEAL FROM THE WORKERS’ COMPENSATION ADMINISTRATION 

18 Leonard J. Padilla, Workers’ Compensation Judge

19 The Riojas Law Firm, P.C.

20 Robert E. Riojas

21 El Paso, TX
2

1 for Appellant

2 Jose A. Howard-Gonzales 

3 El Paso, TX 

4 for Appellees

5 Richard J. Crollett

6 Albuquerque, NM

7 for Statutory Third Party 

8 MEMORANDUM OPINION

9 GARCIA, Judge.

10 {1} Summary affirmance was proposed for the reasons stated in the notice of

11 proposed disposition. No memorandum opposing summary affirmance has been

12 filed, and the time for doing so has expired. 

13 {2} Affirmed.

14 {3} IT IS SO ORDERED.

15 

16 TIMOTHY L. GARCIA, Judge

17 WE CONCUR:

18 

19 MICHAEL E. VIGIL, Chief Judge
3

1 

2 CYNTHIA A. FRY, Judge
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                          10,665
<SECURITIES>                                     5,458
<RECEIVABLES>                                    8,421
<ALLOWANCES>                                       344
<INVENTORY>                                          0
<CURRENT-ASSETS>                                27,220
<PP&E>                                           9,457
<DEPRECIATION>                                 (6,835)
<TOTAL-ASSETS>                                  31,166
<CURRENT-LIABILITIES>                           11,740
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            63
<OTHER-SE>                                      19,363
<TOTAL-LIABILITY-AND-EQUITY>                    31,166
<SALES>                                         25,997
<TOTAL-REVENUES>                                25,997
<CGS>                                            7,128
<TOTAL-COSTS>                                    7,128
<OTHER-EXPENSES>                                24,643
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (5,133)
<INCOME-TAX>                                        40
<INCOME-CONTINUING>                            (5,173)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (5,173)
<EPS-PRIMARY>                                    (.82)
<EPS-DILUTED>                                    (.82)
        

</TABLE>
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 882 Introduced in Senate (IS)]

104th CONGRESS
  1st Session
                                 S. 882

 To designate the Federal building at 1314 LeMay Boulevard, Ellsworth 
   Air Force Base, South Dakota, as the ``Cartney Koch McRaven Child 
             Development Center'', and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              June 5, 1995

  Mr. Pressler (for himself and Mr. Daschle) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL

 
 To designate the Federal building at 1314 LeMay Boulevard, Ellsworth 
   Air Force Base, South Dakota, as the ``Cartney Koch McRaven Child 
             Development Center'', and for other purposes.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DESIGNATION OF CARTNEY KOCH MCRAVEN CHILD DEVELOPMENT 
              CENTER.

    (a) In General.--The Federal building at 1314 LeMay Boulevard, 
Ellsworth Air Force Base, South Dakota, shall be known and designated 
as the ``Cartney Koch McRaven Child Development Center''.
    (b) Replacement Building.--If, after the date of enactment of this 
Act, a new Federal building is built at the location described in 
subsection (a) to replace the building described in the subsection, the 
new Federal building shall be known and designated as the ``Cartney 
Koch McRaven Child Development Center''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to a Federal building referred to in 
section 1 shall be deemed to be a reference to the ``Cartney Koch 
McRaven Child Development Center''.
                                 <all>
```
# EUR-Lex - 32003D0114 - EN

Avis juridique important

*|*

# 32003D0114

**2003/114/EC: Commission Decision of 19 February 2003 amending for the third time Decision 2002/308/EC establishing the lists of approved zones and approved farms with regard to one or more of the fish diseases viral haemorrhagic septicaemia (VHS) and infectious haematopoietic necrosis (IHN) (Text with EEA relevance) (notified under document number C(2003) 558) **

*
Official Journal L 046 , 20/02/2003 P. 0029 - 0029 *

Commission Decision

of 19 February 2003

amending for the third time Decision 2002/308/EC establishing the lists of approved zones and approved farms with regard to one or more of the fish diseases viral haemorrhagic septicaemia (VHS) and infectious haematopoietic necrosis (IHN)

(notified under document number C(2003) 558)

(Text with EEA relevance)

(2003/114/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products(1), as last amended by Directive 98/45/EC(2), and in particular Article 6 thereof,

Whereas:

(1) In order to obtain, for one or more of the fish diseases viral haemorrhagic septicaemia (VHS) and infectious haematopoietic necrosis (IHN), the status of approved fish farm situated in a non-approved zone, Member States shall submit the appropriate justifications and the national rules ensuring compliance with the conditions laid down in Directive 91/67/EEC.

(2) Commission Decision 2002/308/EC(3), as last amended by Decision 2002/1005/EC(4), establishes the lists of approved zones and approved fish farms situated in non-approved zones with regard to certain fish diseases.

(3) Germany has submitted justifications for the status of approved farm in a non-approved zone for a farm in Bavaria with regard to VHS and IHN, as well as the national rules ensuring compliance with the requirements for that status.

(4) The justification has been scrutinised by the Commission with the assistance of experts in the Member States.

(5) The documentation provided by Germany for the farm concerned shows that it meets the requirements of Article 6 of Directive 91/67/EEC. The farm therefore qualifies for the status of approved farm in a non-approved zone and should be added to the list of approved farms set out in Annex II to Decision 2002/308/EC.

(6) Decision 2002/308/EC should therefore be amended accordingly.

(7) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

In Annex II to Decision 2002/308/EC, the following approved fish farm is added in Section 3.5:

">TABLE>"

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 19 February 2003.

For the Commission

David Byrne

Member of the Commission

(1) OJ L 46, 19.2.1991, p. 1.

(2) OJ L 189, 3.7.1998, p. 12.

(3) OJ L 106, 23.4.2002, p. 28.

(4) OJ L 349, 24.12.2002, p. 109.
EXHIBIT 32.0

                        LAST MILE LOGISTICS GROUP, INC.

                CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350

         In connection with the Amendment No. 1 to Annual Report of Last Mile
Logistics Group, Inc. (the "Company") on Form 10-KSB for the period ended
December 31, 2006 as filed with the Securities and Exchange Commission on the
date hereof (the "Report"), I, Regina R. Flood, Chairperson and Chief Executive
Officer (Principal Executive Officer), of the Company certify pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that to the best of my knowledge:

         (1) The Report fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934; and

         (2) The information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company as of and for the periods indicated.

Date:  May 8, 2007                       /s/Regina R. Flood
                                         ------------------
                                         Regina R. Flood
                                         Chairperson and Chief Executive Officer
                                         (Principal Executive Officer)
EX-35 (a)
Thornburg 2006-6

SERVICER COMPLIANCE STATEMENT (ITEM 1123)

Cenlar FSB

The undersigned, a duly authorized officer of Cenlar FSB, as servicer (the
"Servicer") pursuant to the applicable servicing agreement, does hereby certify
that:

1.   A review of the Servicer's activities during the period from and including
January 1, 2006 through and including December 31, 2006 and of the Servicer's
performance under the applicable servicing agreement has been made under my
supervision.

2.   To the best of my knowledge, based on such review, the Servicer has
fulfilled all of its obligations under the applicable servicing agreement in all
material respects throughout such period. [If any material failure, specify such
failure and its nature and status.]

IN WITNESS WHEREOF, the undersigned has duly executed this Certificate this
28th day of February 2007.


By: /s/ Jeanne M. Bader
Name: Jeanne M. Bader
Title: Senior Vice President
Director of Loan Administration
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 95-2361

DAVID FRANKLIN BLACK, in propria persona, qui

tam, a legally adjudicated total and permanent

physically disabled American veteran, in forma

pauperis, a custodial single parent,

Plaintiff - Appellant,

versus

KERRY NEWCOMBE, authorized representative Commonwealth of Virginia, Division of Child Support Enforcement (DCSE) Department of Social

Services, Winchester, VA; KATHLEEN GRIFFIN,

DCSE; DIANE DEVINE,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern

District of Virginia, at Alexandria. James C. Cacheris, Chief

District Judge. (CA-95-763-A)

Submitted: December 26, 1996 Decided: January 24, 1997

Before WIDENER and WILLIAMS, Circuit Judges, and BUTZNER, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

David Franklin Black, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2
3

PER CURIAM:

Appellant appeals from the district court's order denying his

motion for appointment of counsel. We have reviewed the record and

the district court's order and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Black v.

Newcombe, No. CA-95-763-A (E.D. Va. June 8, 1995); see Equipment

Fin. Group, Inc. v. Traverse Computer Brokers, 973 F.2d 345, 347-48

(4th Cir. 1992) (discussing appellate review of premature appeals

under the doctrine of cumulative finality). We note that Appellant's failure to note an appeal of the district court's March 19,

1996, order deprives us of jurisdiction to consider that order. We

deny Appellant's renewed 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