alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Order entered August 1 2 , 2013

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05

- 13

- 00452

- CR No. 05

- 13

- 00453

- CR No. 05

- 13

- 00454

- CR
FABIAN FEDRICE GARZA , Appellant

V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District C ourt No. 1

Dallas County, Texas Trial Court Cause No s . F12

- 28079

- H , F12

- 24798

- H, F12

- 27927

- H


### O RDER

The Court ORDERS the trial court to make findings of fact regarding whether appellant has been deprived of the reporter’s record because of ineffective cou nsel, indigence, or for any
other reason.

 The trial court shall first determine whether appellant desires to prosecute the appeals. If the trial court determines that appellant does not desire to prosecute these appeals , it shall make a finding to that ef

fect.

 If the trial court determines that appellant desires to prosecute the appeals, it shall next determine whether appellant is indigent and entitled to proceed without payment of costs for the reporter’s record. If appellant is entitled to proceed wit hout payment of costs, the trial court shall make a finding to that effect. Moreover, if appellant is indigent, the trial court is ORDERED to take such measures as may be necessary to assure effective representation, which may include appointment of new c ounsel. If the trial court findsappellant is not indigent, it shall determine whether retained counsel has abandoned the

appeals.

 The trial court shall next determine: (1) the name and address of each court reporter who recorded the proceedings in this cause; (2) the court reporter’s explanation for the delay in filing the reporter’s record; and (3) the earliest date by which the reporter’s record can be filed.

We ORDER the trial court to transmit supplemental records, containing the written findings of fact, any supporting documentation, and any orders, to this Court within THIRTY DAYS of the date of this order. The appeals are ABATED to allow the trial court to comply with this order. The appeals shall be reinstated thirty days from the date of th is order or when the supplemental record is received, whichever is earlier.
/s/ DAVID EVANS JUSTICE
Exhibit 31.1
 CERTIFICATION OF CHIEF EXECUTIVE OFFICER
 
 The undersigned chief executive officer, individually, certifies that:
 
 1.  I have reviewed this quarterly report on Form10-QSB of American Wagering, Inc.;
 
 2.  Based on my knowledge, this quarterly report does not contain any untrue statement of a material fact or omit to state a material fact necessary
 to make the s tatements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered
 by this quarterly report;
 
 3.  Based on my knowledge, the financial statements, and other financial information included in this quarterly 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 quarterly report;
 
 4.  The registrants other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:
 
 a)  designed such disclosure controls and procedures 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 quarterly report is being prepared;
 b)  evaluated the effectiveness of the registrants disclosure controls and procedures as of a date within 90 days prior to the filing date of this quarterly
 report (the Evaluation Date); and
 c)  presented in this quarterly report our conclusions about the effectiveness of the disclosure controls and procedures based on our evaluation as of the
 Evaluation Date;
 
 5.  The registrants other certifying officers and I have disclosed, based on our most recent evaluation, to the registrants auditors and the audit committee of
 registrants board of directors (or persons performing the equivalent functions):
 
 a)  all significant deficiencies in the design or operation of internal controls which could adversely affect the registrants ability to record, process,
 summarize and report financial data and have identified for the registrants auditors any material weaknesses in internal controls; and
 b)  any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal controls; and
 
 __/s/ Victor Salerno______________
 
 Victor Salerno, Chief Executive Officer   Date: September 12, 2003
----

**ANNUAL      STATEMENT OF COMPLIANCE**

**Pooling      and Servicing Agreement dated December 1, 2006 (the "Pooling and Servicing      Agreement") by and among Merrill Lynch Mortgage Investors, Inc. as depositor,      Midland Loan Services, Inc. as master servicer No. 1, Wells Fargo Bank, N.A.      as      master servicer No.2, LaSalle Bank N.A. as trustee and LNR Partners, Inc. as      special servicer (the "Special Servicer")**

**ML-CFC      2006-4**

| 1.   | I                have reviewed the activities performed by the Special Servicer under                the                Pooling and Servicing Agreement during the period ending the end                of the                fiscal year 2006 (the “Reporting                Period”)                and the Special Servicer’s performance under the Pooling and Servicing                Agreement has been made under my supervision;                and |
|----------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 2.   | To                the best of my knowledge, based on such review, the Special Servicer                has                fulfilled its obligations under the Pooling and Servicing Agreement                in all                material respects throughout the Reporting Period. |
|----------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

----
CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In  connection  with the  filing  of the  Quarterly  Report on Form 10-Q for the
Quarter  Ended  June  30,  2002  (the  "Report")  by  SmartServ   Online,   Inc.
("Registrant"), each of the undersigned hereby certifies that:

        1.  The Report fully complies with the  requirements of section 13(a) or
            15(d) of the Securities Exchange Act of 1934, as amended, and

        2.  The  information  contained in the Report  fairly  presents,  in all
            material respects, the financial condition and results of operations
            of the Registrant.


                                        /S/  SEBASTIAN E. CASSETTA
                                        ------------------------------------
                                             Sebastian E. Cassetta

                                             Chairman of the Board & Chief
                                             Executive Officer

                                        /S/  THOMAS W. HALLER
                                        ------------------------------------
                                             Thomas W. Haller
                                             Sr. Vice President, Chief Financial
                                             Officer & Treasurer
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 21-6863

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

BARKLEY GARDNER, a/k/a Big Black,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at 

Greenville. Malcolm J. Howard, Senior District Judge. (4:95-cr-00041-H-8)

Submitted: February 15, 2022 Decided: March 23, 2022

Before DIAZ and THACKER, Circuit Judges, and FLOYD, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

ON BRIEF: G. Alan DuBois, Federal Public Defender, Eric Joseph Brignac, Chief 

Appellate Attorney, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Raleigh, North 

Carolina, for Appellant. Michael F. Easley, Jr., United States Attorney, David A. Bragdon, 

Assistant United States Attorney, Kristine L. Fritz, Assistant United States Attorney, 

OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. 

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Barkley Gardner appeals the district court’s order granting in part his motion for a 

sentence reduction under § 404 of the First Step Act of 2018, Pub. L. No. 115-391, 132 

Stat. 5194. The sole issue on appeal is whether the district court erred in finding that it was 

not authorized to reduce Gardner’s life sentence for murder in aid of racketeering and 

aiding and abetting such conduct, in violation of 18 U.S.C. §§ 1959(a)(1), 2, because

Gardner’s sentence was the mandatory minimum statutory sentence. We affirm. 

In United States v. Under Seal, 819 F.3d 715 (4th Cir. 2016), we held that 

§ 1959(a)(1) has a mandatory statutory sentence of death or life imprisonment. We stated 

that “[u]nder the plain language of § 1959(a)(1), Congress has authorized two penalties—

and only two penalties—for the crime of murder in aid of racketeering: death or life 

imprisonment.” Id. at 720 (internal quotation marks omitted). We also determined that a 

fine is not a “stand-alone penalty” for committing murder. Id. at 720 n.5. Rather,

§ 1959(a)(1) authorizes a “fine in addition to either death or life imprisonment.” Id.

(internal quotation marks omitted). 

Because the district court could not consider a sentence of less than life 

imprisonment, we affirm the court’s order. We dispense with oral argument because the 

facts and legal contentions are adequately presented in the materials before this court and 

argument would not aid the decisional process.

AFFIRMED
#### Thomas D. OQUIST; Bettejane Jenkins, Plaintiffs-Appellants, v. WELLS FARGO BANK, N.A., Successor by merger to Wachovia Mortgage, FKA World Savings Bank, FSB, Defendant-Appellee.

No. 17-35124

United States Court of Appeals, Ninth Circuit.

Submitted October 23, 2017 *

Filed November 1, 2017

*735Jill J. Smith, Esquire, Attorney, Natural Resource Law Group, PLLC, Seattle, WA, for Plaintiffs-Appellants

Molly J. Henry, Esquire, Attorney, Keesal, Young & Logan, Seattle, WA, Melanie L. Ronen, Esquire, Attorney, Keesal, Young & Logan, Long Beach, CA, for Defendant-Appellee

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

*

 The panel unanimously concludes this case is suitable for decision without oral argument, *735*See*Fed. R. App. P. 34(a)(2).

MEMORANDUM **

Thomas D. Oquist and Bettejane Jenkins appeal from the district court’s summary judgment in their Truth in Lending Act (“TILA”) action seeking rescission. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. *Hauk v. JP Morgan Chase Bank USA,*552 F.3d 1114, 1117 (9th Cir. 2009). We affirm.

The district court properly granted summary judgment because plaintiffs failed to raise a genuine dispute of material fact as to whether they timely sent defendants a notice of rescission. *See*15 U.S.C. § 1635(a), (f) (a borrower may rescind a loan within three days of a loan transaction, or within three years if the lender fails to make required disclosures to the borrower); *see also Jesinoski v. Countrywide Home Loans, Inc.,*— U.S. —, 135 S.Ct. 790, 792, 190 L.Ed.2d 650 (2015) (a borrower may exercise right of rescission by notifying the lender of borrower’s intent to rescind within three years after the transaction is consummated); *Miguel v. Country Funding Corp.,*309 F.3d 1161, 1164 (9th Cir. 2002) (“[Section] 1635(f) is a statute of repose, depriving the courts of subject matter jurisdiction when a § 1635 claim is brought outside the three-year limitation period.”)

We reject as without merit plaintiffs’ contention that the subject loan transaction was not consummated.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Exhibit
      32.B





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 this annual report of Opticon Systems, Inc. (the "Company")
      on
      Form 10-KSB for the year ended June 30, 2007, as filed with the Securities
      and
      Exchange Commission on the date hereof (the "Report"), I, Cristino L. Perez,
      principal financial officer of the Company, certifies to the best of my
      knowledge, pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 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/Cristino
                L. PerezCristino
                L. PerezPrincipal
                Financial Officer





October
      15, 2007
For The Six Months Ended
                                                            January 31
                                                       2002            2001
                                                 ------------   ------------

Shares outstanding                                  7,928,099      6,504,351
                                                 ------------   ------------
Weighted average shares outstanding                 7,222,028      6,145,403
Stock Options                                       1,985,540      1,412,675
Warrants                                                   --      1,797,500
                                                 ------------   ------------
      Total weighted average shares outstanding     9,207,568      9,355,578
                                                 ============   ============

Net income (loss)                                 $  (797,214)   $  (934,449)
                                                 ============   ============
Basic Net Earnings (Loss) per share               $     (0.11)   $     (0.15)
                                                 ============   ============
Diluted Net Earnings (Loss) per share             $     (0.11)   $     (0.15)
                                                 ============   ============
# Format RBLC Report Page 1 of362



# II Facility Information COMPREHENSIVE REPORT Report Date: 10/1312008 

# II
RBLC ID: NJ-0015 (final) Date Determination 08128/2006 Last Updated: 01-89-3983 09/0611991 (actual) 110017417632 4931 221112 USA Permit Number: Permit Date: FRS Sumber: SIC Code: NAlCS: COUSTR\,: 2 KEYSTONE COGENERATION SYSTEMS. INC KEYSTONE COGENERATION SYSTEMS. INC

A: Ne\'o1Greenfield Facility

GLOUCESTER NJ Corporate/Company Name: Facilit)·**~ame: Facilit~**  .. Contact: Facilit)· Description: Permit Type: EPA Region: Facility County: Facility State: Facility 

### ZIP Code: Permit Issued By: NEW JERSEY DEPT OF ENV PROTECTION (Agency Name) VIORICA PETRlMAN (Agency Contact) (609) 292-1638 VtORlCA.PETRIMAN@DEP.STATE.NJ.US Other Agency Contact Info: KETAN BHANDUTIA NJ (609) 984-6356 Other Permitting 1. SCR OR SNCR SYSTEM MUST BE DESIGNED TO ACHIEVE 0.10 LBiMMBTU NOX. AfTER FNE YEARS OF Information: OPERAnON WITH SCR OR TWO YEARS OF OPERATION W/ SNCR SYSTEM. THE FINAL PERMIT LIMIT WILL BE MODIFIED BY MULTIPLYlNG 1.2 WITH THENOX LEVEL THAT CAN BE CONSISTENTLY ACHIEVED. 2. COST INFORMAnON FOR CONTROL OPTIONS SELECTED: S02

- S519fTON NOX

- S3980fTON (SNCR)

- S13196fTON (SCR) STREET ADDRESS: STATE ROUTE 130 BETWEEN BIRCH CREEK AND NORTO:N"VILLE ON 

### THE DELAWARE RIVER



## IlrrocessIPollutant Information 

# II

PROCESS BOILER (PULVERlZED BITUMINOUS COAL)**SA~fE:** Process Type: Primary Fuel: Tbroughput: Process Sotes: 

### 1L110 (Coal (includes bituminous. subbituminous. anthracite. and lignite» COAL. BITUMINOUS 2116.00 MMBTU/H**POLU·TA~I** CAS Sumber: VE**SA~IE:** Visible Emissions (VE) Emi"ion Limit t: Emission Lim it 2: Standard Emission: 10.0000 % OPACITY 

# o 10.0000 % OPACITY Did facton, other tben air pollution tecbnolog}· considerations influence tbe BACT decisions: Unknown Case-by-Ca.e Basis: Other Case-by-Case Other Applicable Req uirement.: Control.\1ethod: (A) FABRIC FILTER 

### EsL % Efficiency: 0 Compliance Verified: Unknown Pollutant/Compliance Notes:

POl.U'TAJIo'T CAS :"umber: PM**SA~fE:** Particulate Matter (PM) Em i"ion Limit 

### 1: Emi.";on Limit 2: Standard Emission: 0.0180 LBiMMBTU 

# o 38.1000 LB/H Did factors, other tben air pollution technolog}· cOll5iderations influence the BACT decisions: Unknown Case-by-Case Ba.is: Other Case-by-Case Other Applicable Requiremeots: Control Method: (A) FABRIC FILTER 

### EsL % Efficiency: 99.900 Compliance Verified: Unknown Pollutant/Compliance Notes:



# http:// cfpub.epa.govlrblcfReportsfRptDetailedListingbyIdentifier.cfm?RequestTimeout=5... 

# 10/13/2008
1

Opinion issued July 5, 2013

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-11-00769-CV

———————————

IN RE MOODY NATIONAL KIRBY HOUSTON S, LLC, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

On September 13, 2011, Relator, Moody National Kirby Houston S, LLC 

(“Moody”), filed a petition for writ of mandamus seeking to compel the trial court 

to grant its motion to expunge the lis pendens filed by Real Party in Interest,

Capcor at KirbyMain, LLC (“Capcor”), on a parcel of real property owned by 
2

Moody.1 The motion was based on Capcor’s alleged failure to comply with the 

notice requirements of Texas Property Code section 12.0071(d). See TEX. PROP.

CODE ANN. § 12.0071(d) (West 2012). On March 11, 2013, Moody filed a second 

petition for writ of mandamus, asserting a new ground for expunction under 

section 12.0071(c)(2). See id. § 12.0071(c)(2). Because Moody abandoned the 

ground asserted in its first petition, we dismiss Moody’s first petition for writ of 

mandamus as moot.

PER CURIAM 

Panel consists of Chief Justice Radack and Justices Sharp and Massengale.

 1 The underlying case is Capcor at KirbyMain, LLC v. Moody National Kirby 

Houston S, LLC and Moody National Title Company, LP, Cause No. 2011-32904, 

pending in the 215th Judicial District Court of Harris County, Texas, the 

Honorable Elaine Palmer, presiding.
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

IN RE: ADOPTION OF: H.J.B., A MINOR

PETITION OF: A.P., FATHER

:

:

:

:

:

No. 171 MAL 2022

Petition for Allowance of Appeal 

from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 13th day of June, 2022, the Petition for Allowance of Appeal is 

DENIED.
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###### Department of Justice

###### Antitrust Division

                    Notice is hereby given that, on February 2, 2022, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301*et seq.*                     (“the Act”), Petroleum Environmental Research Forum (“PERF”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, TRC Environmental Corporation, Fort Collins, CO, has been added as a party to this venture.                

No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and PERF intends to file additional written notifications disclosing all changes in membership.

                    On February 10, 1986, PERF filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the                     **Federal Register**                     pursuant to Section 6(b) of the Act on March 14, 1986 (51 FR 8903).                

                    The last notification was filed with the Department on July 8, 2020. A notice was published in the                     **Federal Register**                     pursuant to Section 6(b) of the Act on July 31, 2020 (85 FR 46179).                

Suzanne Morris, 

Chief, Premerger and Division Statistics, Antitrust Division.

[FR Doc. 2022-05197 Filed 3-10-22; 8:45 am]

BILLING CODE P