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

FOR THE THIRD CIRCUIT

No. 21-2203

ASHLEY POPA,

individually and on behalf of all others similarly situated,

Appellant

v.

HARRIET CARTER GIFTS, INC., a Pennsylvania corporation;

NAVISTONE, INC., a Delaware corporation

Appeal from the United States District Court

for the Western District of Pennsylvania

(D.C. Civil Action No. 2-19-cv-00450)

District Judge: Honorable William S. Stickman, IV

SUR PETITION FOR REHEARING

____________________

Before: CHAGARES, Chief Judge, McKEE, AMBRO, JORDAN, HARDIMAN, 

GREENAWAY, JR., SHWARTZ, KRAUSE, RESTREPO, BIBAS, PORTER, MATEY, 

and FUENTES, Circuit Judges

The petition for panel rehearing filed by Appellee is granted in part. The panel has 

determined that the original decision should be upheld but has revised the opinion to 

clarify issues raised in appellee’s petition for rehearing. Accordingly, it is hereby 



Judge Fuentes’ vote is limited to panel rehearing only.
ORDERED that the opinion filed on August 16, 2022, is hereby vacated and amended 

opinion shall be filed simultaneously with this order. The revised opinion does not alter 

the August 16, 2022, judgment.

The amended opinion has been circulated to the en banc court in accordance with 

3d Cir. I.O.P. 9.5.7. The majority of the judges of the circuit in regular active service 

having not voted for rehearing, the petition for rehearing en banc is denied. 

By the Court,

s/ Thomas L. Ambro

Circuit Judge

Dated: October 18, 2022

Lmr/cc: All Counsel of Record
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED AU GUST 27, 2015

NO. 03

- 14

- 00577

- CR

Nicole Dawn Holland, Appellant

v.

The State of Texas, Appellee

APPEAL FROM 424TH DISTRICT COURT OF BURNET COUNTY

BEFORE JUSTICES PURYEAR, PE M BERTON, AND BOURLAND

AFFIRMED

-- OPINION BY JUSTICE PEMBERTON

This is an appeal from the judgment revoking community supervision signed by the distric t

court. Having reviewed the record and the parties’ arguments, the Court holds that there was no

reversible error in the district court’s judgment revoking community supervision . Therefore, the

Court affirms the district court’s judgment revoking commun ity supervision

. Because appellant

is indigent and unable to pay costs, no adjudication of costs is made.
* Pursuant to 5 TH C IR
. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR
. R. 47.5.4. 

### IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 08-50740 No. 08-50827 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

v. RUMALDO GALINDO-ARAUJO; CLEMENTE CAYETANO ARAGON-TARANGO, Defendants-Appellants.

Appeals from the United States District Court for the Western District of Texas No. 4:08-CR-70-5

Before SMITH, GARZA, and STEWART, Circuit Judges. PER CURIAM: * United States Court of Appeals Fifth Circuit 

### F I L E D June 4, 2009 Charles R. Fulbruge III ClerkNos. 08-50740, 08-50827

2 Rumaldo Galindo-Araujo and Clemente Aragon-Tarango appeal the sentences imposed following their guilty plea convictionsofaiding and abetting possession with the intent to distribute marihuana. They argue that the district court erred in calculating their base offense levels because the court considered the methamphetamine found in one of the five backpacks seized by Border Patrol agents. They contend that they had no knowledge of the methamphetamine and no intent to possess it, so they cannot be held responsible for it. A defendant’s knowledge ofthe type ofdrug he is carrying is not necessary for the drug to be used in the calculation ofhis sentence. U nited Statesv. Valencia-Gonzales, 172 F.3d 344, 345-46 (5th Cir. 1999); United Statesv. Gamez-Gonzalez, 319 F.3d 695, 700 (5th Cir. 2003). It is undisputed that defendants were found with three other persons, all ofwhom were responsible for the five backpacks containing marihuana and methamphetamine. Therefore, consideration of the methamphetamine in calculating the base offense levels was not clearly
erroneous. See United States v. Cisneros-Gutierrez, 517 F.3d 751, 764 (5th Cir. 2008). Accordingly, the judgments are AFFIRMED.
Exhibit 33.7



|     |  |                         |  |                                                               
|---- |  | ----------------------- |  | --------------------------------------------------------------
|LOGO |  | NATIONALTAX SEARCH, LLC |  | 303 E Wacker Drive, Suite 900
Chicago, IL 60601 (312)
233-6440

REPORT ON ASSESSMENT OF COMPLIANCE WITH APPLICABLE SECURITIES AND EXCHANGE COMMISSIONS REGULATION AB SERVICING CRITERIA

For the calendar year ending December 31, 2015, National Tax Search, LLC has been a Tax Service Vendor for Wells Fargo Bank(the
Servicer).

National Tax Search, LLC (NTS) is responsible for assessing compliance as of December 31, 2015 and for the period
from January 1, 2015 through December 31, 2015 (the Reporting Period) with the servicing criteria set forth in Title 17, Section 229.1122(d) of the Code of Federal Regulations (the CFR). NTS has used the
servicing criteria communicated to NTS by the Servicer to assess compliance with the applicable servicing criteria. Only servicing criteria 1122 (d) (1)(ii), 1122 (d)1(iv), 1122 (d)2(ii), 1122 (d)2(v), 1122(d)2(vi), 1122 (d)2(vii),
1122(d)(4)(xi), and 1122(d)(4)(xii) (the Applicable Servicing Criteria) are applicable to the activities NTS performs with respect to the transactions covered by this report. NTS has determined that the remaining servicing criteria set
forth in Item 1122 (d) of the SEC Regulation AB are not applicable to the activities it performs with respect to the transactions covered by this report. The transactions covered by this report include all tax payments made on behalf of
the Servicer using NTSs TaxQ system (the Platform Transactions).

NTS, as a vendor, has assessed its compliance with the Applicable
Servicing Criteria for the Reporting Period and has concluded that the NTS has complied, in all material respects, with the Applicable Servicing Criteria as of December 31, 2015 and for the Reporting Period with respect to the Platform
Transactions taken as a whole.

Plante & Moran, PLLC, an independent registered public accounting firm, has issued an attestation report on the
assessment of compliance with the Applicable Servicing Criteria as of December 31, 2015 and for the Reporting Period as set forth in this assertion.

National Tax Search, LLC, as Vendor to Servicer



|                            
|----------------------------
|/s/ Lori D. Eshoo           
|Lori D. Eshoo, President/CEO
|                            
|January 18, 2016
I 

114TH CONGRESS 

1ST SESSION H. R. 738 

To waive certain prohibitions with respect to nationals of Cuba coming to 

the United States to play organized professional baseball. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 4, 2015 

Mr. SERRANO (for himself and Mr. RANGEL) introduced the following bill; 

which was referred to the Committee on Foreign Affairs, and in addition 

to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To waive certain prohibitions with respect to nationals of 

Cuba coming to the United States to play organized 

professional baseball. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Baseball Diplomacy 

5 Act’’. 

6 SEC. 2. REMOVAL OF CERTAIN RESTRICTIONS. 

7 (a) RESTRICTION ON EMBARGO AUTHORITY.—The 

8 authorities of section 620(a) of the Foreign Assistance Act 


smartinez on DSK4TPTVN1PROD with BILLS
2 

•HR 738 IH

1 of 1961, those authorities under section 5(b) of the Trad2 ing with the Enemy Act that were being exercised with 

3 respect to Cuba on July 1, 1977, as a result of a national 

4 emergency declared before that date, and are being exer5 cised on the date of the enactment of this Act, and section 

6 203 of the International Emergency Economic Powers Act 

7 may not be exercised to regulate or prohibit— 

8 (1) those transactions permitted under section 

9 515.571 of title 31, Code of Federal Regulations, by 

10 or on behalf of a Cuban national who enters the 

11 United States from Cuba on a visa issued under sec12 tion 101(a)(15)(H)(ii)(b) of the Immigration and 

13 Nationality Act for the purpose of playing organized 

14 professional baseball; and 

15 (2) a Cuban national described in paragraph 

16 (1) from returning to Cuba with the earnings made 

17 in playing organized professional baseball. 

18 (b) RESTRICTION ON IMMIGRATION AUTHORITY.— 

19 The authority contained in section 212(f) of the Immigra20 tion and Nationality Act may not be used to deny a visa 

21 described in subsection (a)(1) to a Cuban national for the 

22 purpose of playing organized professional baseball. 

23 (c) INAPPLICABILITY OF OTHER RESTRICTIONS.— 

24 This section applies notwithstanding section 102(h) of the 


smartinez on DSK4TPTVN1PROD with BILLS
3 

•HR 738 IH

1 Cuban Liberty and Democratic Solidarity (LIBERTAD) 

2 Act of 1996. 

3 SEC. 3. DURATION OF VISA. 

4 A visa described in section 2(a)(1)— 

5 (1) shall permit the alien to whom the visa is 

6 issued to remain in the United States only for the 

7 duration of the baseball season; and 

8 (2) need not be renewed for subsequent entries 

9 into the United States for the duration of a valid 

10 contract entered into between the alien and the pro11 fessional baseball team with which the alien played 

12 in the preceding baseball season. 

Æ 


smartinez on DSK4TPTVN1PROD with BILLS
EXHIBIT 31.1

                                 CERTIFICATIONS

I, Jay Elliot, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of Powerhouse
Technologies Group, 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 small business
issuer as of, and for, the periods presented in this report;

4. The small business issuer'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 small business issuer 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 small business issuer, 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 small business issuer'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 small business issuer's internal
control over financial reporting that occurred during the small business
issuer's most recent fiscal quarter (the small business issuer's fourth fiscal
quarter in the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the small business issuer's internal
control over financial reporting; and

5. The small business issuer's other certifying officer(s) and I have disclosed,
based on our most recent evaluation of internal control over financial
reporting, to the small business issuer's auditors and the audit committee of
the small business issuer's board of directors (or persons performing the
equivalent functions):

(a) All significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably
likely to adversely affect the small business issuer'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 the small business issuer's internal
control over financial reporting.

Date: February 9, 2005

BY:_________________
Jay Elliot
Chairman of the Board and Chief Executive Officer
IV

105TH CONGRESS

1ST SESSION H. CON. RES. 16

Concerning the urgent need to improve the living standards of those South

Asians living in the Ganges and the Brahmaputra River Basin.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 6, 1997

Mr. BEREUTER (for himself, Mr. BERMAN, Mr. ACKERMAN, Mr. ROYCE, and

Mr. GILMAN) submitted the following concurrent resolution; which was

referred to the Committee on International Relations, and in addition to

the Committee on Banking and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of

such provisions as fall within the jurisdiction of the committee concerned

CONCURRENT RESOLUTION

Concerning the urgent need to improve the living standards

of those South Asians living in the Ganges and the

Brahmaputra River Basin.

Whereas some 400,000,000 people live in Bangladesh, northern India, and Nepal near the Ganges and Brahmaputra

Rivers and their tributaries;

Whereas these people comprise the largest concentration of

poor people in the world;

Whereas this region lacks the resources, especially the infrastructure, that can pull its residents out of poverty;
2

•HCON 16 IH

Whereas almost every year flooding by the Ganges and Brahmaputra Rivers produces death and destruction, sometimes on a vast scale;

Whereas during the dry seasons, water supplies do not meet

the needs of the region’s people, especially farmers;

Whereas despite these problems, the region has great potential for development;

Whereas Bangladesh, India, and Nepal have recognized for

many years that the water resources of the region, if

properly managed, could contribute greatly to the welfare

of millions of people in the region;

Whereas the Governments of Bangladesh and India signed a

30-year agreement on January 13, 1997, for the purpose

of sharing the water of the Ganges River; and

Whereas in 1996 the Governments of India and Nepal signed

and ratified a treaty enabling the joint development of

the water resources of the Mahakali River: Now, therefore, be it

1 Resolved by the House of Representatives (the Senate

2 concurring), That the Congress—

3 (1) congratulates the Governments of Ban4 gladesh and India for their recent agreement on

5 sharing the water of the Ganges River;

6 (2) congratulates the Governments of India and

7 Nepal on their treaty enabling the joint development

8 of the water resources of the Mahakali River;

9 (3) respectfully offers its encouragement for the

10 three governments to continue their cooperation
3

•HCON 16 IH

1 which can do much to relieve the poverty of those

2 people living the Ganges and Brahmaputra River

3 Basin; and

4 (4) urges international financial institutions,

5 such as the World Bank and the Asian Development

6 Bank, and the international community to offer

7 whatever advice, encouragement, and assistance is

8 appropriate to help in this effort.

Æ
#### STATE of Missouri, Plaintiff/Respondent, v. Ryan HANDSON, Defendant/Appellant.

No. ED 104573

Missouri Court of Appeals, Eastern District, DIVISION TWO.

Filed: August 15, 2017

Timothy J. Forneris, Missouri Public Defender’s Office, St. Louis, for Appellant.

Dora A. Fichter, Assistant Attorney General, Jefferson City, for Respondent.

Before Lisa P. Page, P.J., Roy L. Richter, J. and Philip M. Hess, J.

ORDER

PER CURIAM

Ryan Handson (“Appellant”) appeals the judgment of the Circuit Court of the City of St. Louis, following a jury trial, convicting him of one count, of first-degree murder, one count of second-degree murder, two counts of armed criminal action, and one of count of first-degree burglary. In his sole point on appeal, Appellant argues that the trial court abused its discretion when it Overruled his objection to the 'admission of autopsy photos of his victims. Finding no error, we affirm.

We have reviewed the briefs of the parties and the record on appeal and have determined that an extended' opinion would serve no jurisprudential purpose. We have, however, provided a memorandum opinion only for the use of the parties setting forth the reasons for our decision. Rule 30.25(b).
# Materials Not Included in **Airworthiness Directive (AD) Docket**

Docket Number: FAA-2012 - 1317 Directorate Identifier: 2011NM194AD

737 - 53 - 1244, R3 --- 12/4/08 737 - 53 - 1244, R2 --- 3/15/07 737 - 53 - 1244, R1 --- 5/29/03 737 - 53 - 1244 --- 4/17/03

Name/Description of Item(s) Not Included in FDMS Docket and Maintained in the Supplemental AD Docket 

### MA **Y BE VIEWED AT:** Fe deral Aviation Administration

Transport Airplane Directorate Rules Docket 1601 Lind Ave. SW., Renton, WA 98057 425.227.1221 **DURING THE HOURS OF:** 9 a.m. and 3 p.m., Monday through Friday, except Federal holidays. Form Date: 0 3/05/2008
# Official Journal C 91A/2009

| | ISSN 1725-2423
  doi:10.3000/17252423.CA2009.091.eng |
| --- | --- |
| Official Journal
  of the European Union | C 91A |
| | |
| English edition | Information and Notices | Volume 5221 April 2009 |

ISSN 1725-2423

doi:10.3000/17252423.CA2009.091.eng

Official Journal

of the European Union

C 91A

English edition

Information and Notices

Volume 5221 April 2009

---

| Notice No | Contents | page |
| --- | --- | --- |
| | V   Announcements |
| | ADMINISTRATIVE PROCEDURES |
| | Commission |
| 2009/C 091A/01 | Vacancy for an Executive Director function (Grade AD 14) of the Fuel Cells and Hydrogen Joint Undertaking (Brussels) — COM/2009/10178 | 1 |

Notice No

Contents

page

V   Announcements

ADMINISTRATIVE PROCEDURES

Commission

2009/C 091A/01

Vacancy for an Executive Director function (Grade AD 14) of the Fuel Cells and Hydrogen Joint Undertaking (Brussels) — COM/2009/10178

1

---

| | |
| --- | --- |
| 2009/C 091A/02 | REVIEW OF ‘COMPETITION’ C A OJs | s3 |

2009/C 091A/02

REVIEW OF ‘COMPETITION’ C A OJs

s3

---

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

EN
<PAGE>

                                                                    EXHIBIT 99.1

                    Certification of Chief Executive Officer
                         Pursuant to 18 U.S.C. (S) 1350
                 (Section 906 of the Sarbanes-Oxley Act of 2002)

     In connection with the Quarterly Report on Form 10-Q for the quarter ended
June 30, 2002 of Citizens Holding Company (the "Company"), as filed with the
Securities Exchange Commission on the date hereof (the "Quarterly Report"), I,
Steve Webb, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. (S) 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that:

     (1)  the Quarterly 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 Quarterly Report fairly presents, in
          all material respects, the financial condition and results of
          operations of the Company.

                                            /s/ Steve Webb
                                            ------------------------------------
                                            Steve Webb
                                            Chief Executive Officer
# EUR-Lex - 32003R1793 - EN

Avis juridique important

*|*

# 32003R1793

**Commission Regulation (EC) No 1793/2003 of 13 October 2003 fixing the minimum natural alcoholic strength by volume of "Vinho verde" quality wines psr originating in Portuguese wine-growing zone C I a) for the 2003/2004 and 2004/2005 wine years **

*
Official Journal L 262 , 14/10/2003 P. 0010 - 0010 *

Commission Regulation (EC) No 1793/2003

of 13 October 2003

fixing the minimum natural alcoholic strength by volume of "Vinho verde" quality wines psr originating in Portuguese wine-growing zone C I a) for the 2003/2004 and 2004/2005 wine years

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine(1), as last amended by Regulation (EC) No 806/2003(2), and in particular Article 58 thereof,

Whereas:

(1) Annex VI(E)(3) to Regulation (EC) No 1493/1999 fixes the minimum natural alcoholic strength by volume of quality wines psr at 8,5 % vol. for zone C I a).

(2) By derogation from that limit, Commission Regulation (EC) No 2358/2000(3) fixes the minimum natural alcoholic strength by volume of quality wines psr originating in Portuguese zone C I a) at 7,5 % vol. Regulation (EC) No 2358/2000 expires at the end of the 2002/2003 wine year.

(3) Given that the special conditions for traditional wine-growing and vine selection in Portuguese zone C I a) do not enable "Vinho verde" quality wine psr to reach the minimum natural alcoholic strength by volume of 8,5 % vol., a new derogation should be laid down for that wine for the 2003/2004 and 2004/2005 wine years.

(4) The measure provided for in this Regulation is in accordance with the opinion of the Management Committee for Wine,

HAS ADOPTED THIS REGULATION:

Article 1

By derogation from the limits laid down for the alcoholic strengths by volume in Annex VI(E)(3) to Regulation (EC) No 1493/1999, the natural alcoholic strength by volume of the quality wines psr originating in Portuguese zone C I a) bearing the name "Vinho verde" for the 2003/2004 and 2004/2005 wine years may be lower than 8,5 % vol. but may not be lower than 8 % vol.

Article 2

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.

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

Done at Brussels, 13 October 2003.

For the Commission

Franz Fischler

Member of the Commission

(1) OJ L 179, 14.7.1999, p. 1.

(2) OJ L 122, 16.5.2003, p. 1.

(3) OJ L 272, 25.10.2000, p. 16.
GERALD C. MANhI Aunnnr ~,.TICXAS 

October 15, 1940 

Honorable Morris Rolston 

County Attorney 

Titus County 

Mt. Pleasant, Texas 

Dear Sir: 

Supplemental Opinion No. O-2226-A 

Re: Opinion No. O-2226 

We have given careful reconsideration to our Opinion No. 

O-.2226 wherein we held that a member of the local community com- 

~mittee of the Agricultural Adjustment Administration was a Federal 

officer within the meaning of Sections 12, 33, and 40 of Article XVI 

of the Constitution of Texas, and we have concluded that we were correct in our holding in said opinion. We do not believe that the facts 

set out in your letter of August 26th can alter the conclusion of that 

opinion. 

Yours very truly 

/s/ Ger~ald C. Mann 

Ger~ald C. Mann 

ATTORNEY GENERAL OF 

TEXAS 

GCM:BBB:da