alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Order entered October 26, 2020

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-20-00823-CV

IN THE INTEREST OF R.M., R.M., AND R.M., CHILDREN

On Appeal from the 469th Judicial District Court

Collin County, Texas

Trial Court Cause No. 469-54067-2018

ORDER

As directed to do so, appellant has filed written verification he has requested

the reporter’s record. Accordingly, we ORDER Stephanie M. Hunn, Official 

Court Reporter for the 469th Judicial District Court, to file the reporter’s record no 

later than November 30, 2020. Because appellant filed in the trial court a 

statement of inability to afford costs and nothing in the record reflects appellant 

has been ordered to pay costs, the record shall be filed without payment of the 

reporter’s fee. See TEX. R. CIV. P. 145(a).

We DIRECT the Clerk of the Court to send a copy of this order to Ms. 

Hunn and the parties. 

/s/ KEN MOLBERG 

JUSTICE
No. 10-7128.

#### Reginald Bell, Sr., Petitioner v. Washington Department of Social and Health Services (two judgments).

562 U.S. 1145, 131 S. Ct. 919,

178 L. Ed. 2d 767,

2011 U.S. LEXIS 246.

January 10, 2011.

Petition for writ of certiorari to the Court of Appeals of Washington, Division 1, denied.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

REBEKAH FOUQUET,

 Defendant - Appellant.

No. 15-10309

D.C. No. 2:12-cr-00453-APG

MEMORANDUM*

Appeal from the United States District Court

for the District of Nevada

Andrew P. Gordon, District Judge, Presiding

Submitted July 18, 2016** 

Before: PREGERSON, LEAVY, and OWENS, Circuit Judges.

Rebekah Fouquet appeals from the district court’s order denying her motion

for sentence reduction under 18 U.S.C. § 3582(c)(2). We have jurisdiction under

28 U.S.C. § 1291, and we affirm.

FILED

JUL 20 2016

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 ** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
Fouquet contends that the district court erred in holding that it lacked

authority to grant her request for a sentence reduction under Amendment 782 to the

Guidelines. We review de novo whether a defendant is eligible for a sentence

reduction. See United States v. Leniear, 574 F.3d 668, 672 (9th Cir. 2009). A

district court may only reduce a sentence under section 3582(c)(2) when the

defendant’s applicable Guidelines range has been lowered. See 18 U.S.C. §

3582(c)(2); U.S.S.G. § 1B1.10(a)(2)(B), cmt. n.1(A); Leniear, 574 F.3d at 673-74. 

As the district court found, Amendment 782 did not lower Fouquet’s Guidelines

range. Thus, notwithstanding Fouquet’s policy and equity-based arguments, the

district court properly denied her motion. Moreover, contrary to Fouquet’s

contention, the rule of lenity does not assist her because section 3582(c)(2) is

unambiguous. See Bifulco v. United States, 447 U.S. 381, 387 (1980) (rule of

lenity applies only when a statute is ambiguous).

AFFIRMED.

2 15-10309
No. 10-7780.

#### Tommy O. Hardin, Petitioner v. Illinois.

562 U.S. 1161, 131 S. Ct. 967,

2011 U.S. LEXIS 47.

178 L. Ed. 2d 795,

January 10, 2011.

Petition for writ of certiorari to the Supreme Court of Illinois denied.

Same case below, 238 Ill. 2d 33, 342 Ill. Dec. 555, 932 N.E.2d 1016.
# C_2013344EN.01006101.xml

| 23.11.2013 | EN | Official Journal of the European Union | C 344/61 |
| --- | --- | --- | --- |

23.11.2013

EN

Official Journal of the European Union

C 344/61

---

Action brought on 16 September 2013 — Sales & Solutions v OHIM — Inceda Holding (Watt)

(Case T-495/13)

2013/C 344/112

Language in which the application was lodged: German

Parties

Parties

Applicant: Sales & Solutions (Frankfurt am Main, Germany) (represented by: K. Gründig-Schnelle, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal: Inceda Holding (Cologne, Germany)

Other party to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | Annul the contested decision of the Fourth Board of Appeal of OHIM of 15 July 2013 in appeal proceedings R 1193/2012-4; |
| --- | --- |

—

Annul the contested decision of the Fourth Board of Appeal of OHIM of 15 July 2013 in appeal proceedings R 1193/2012-4;

| — | Order the intervener to pay the costs including the costs incurred in the course of the appeal proceedings. |
| --- | --- |

—

Order the intervener to pay the costs including the costs incurred in the course of the appeal proceedings.

Pleas in law and main arguments

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: the word mark ‘Watt’ for services in Classes 35, 39 and 42 — Community trade mark No 1 090 471

Registered Community trade mark in respect of which a declaration of invalidity has been sought:

Proprietor of the Community trade mark: the applicant

Proprietor of the Community trade mark:

Applicant for the declaration of invalidity of the Community trade mark: Inceda Holding

Applicant for the declaration of invalidity of the Community trade mark:

Grounds for the application for a declaration of invalidity: Article 52(1)(a) in conjunction with Article 7(1)(b), (c) and (d) of Regulation No 207/2009

Grounds for the application for a declaration of invalidity:

Decision of the Cancellation Division: the mark concerned was declared invalid

Decision of the Cancellation Division:

Decision of the Board of Appeal: the appeal was dismissed

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 207/2009

Pleas in law:

---
Exhibit
32.2













CERTIFICATION
PURSUANT TO






SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002










In
connection with the Quarterly Report of American Community Properties Trust (the
“Company”) on Form 10-Q for the period ending March 31, 2008, as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I, Cynthia
L. Hedrick, Chief Financial Officer of the Company, certify to my knowledge,
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section
1350), 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 results of operations of the
      Company.














/s/
      Cynthia L. HedrickCynthia
      L. HedrickExecutive
      Vice President and Chief Financial OfficerMay
      15, 2008
#### *State, Respondent, v. Myers, Petitioner,*

No. 92178-4.

Petition for review of a decision of the Court of Appeals, No. 71499-6-I, July 20, 2015, 188 Wn. App. 1057. *Denied*February 10, 2016.
No. 10-8101.

#### In re Edward Harvey, Petitioner.

562 U.S. 1198, 131 S. Ct. 1060,

178 L. Ed. 2d 876,

2011 U.S. LEXIS 1040.

January 24, 2011.

Petition for writ of habeas corpus denied.
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2732 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 2732

 To amend the Controlled Substances Act to require warning labels for 
             prescription opioids, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 14, 2019

  Mr. Stanton (for himself and Mr. McAdams) introduced the following 
 bill; which was referred to the Committee on Energy and Commerce, 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 amend the Controlled Substances Act to require warning labels for 
             prescription opioids, 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. SHORT TITLE.

    This Act may be cited as the ``Lessening Addiction By Enhancing 
Labeling Opioids Act of 2019'' or the ``LABEL Opioids Act''.

SEC. 2. AMENDMENT.

    (a) In General.--Section 305(c) of the Controlled Substances Act 
(21 U.S.C. 825(c)) is amended--
            (1) by inserting ``(1)'' before ``The Secretary''; and
            (2) by adding at the end the following:
    ``(2) The label of any container or package containing an opioid or 
opiate listed in schedule II, III, IV, or V shall, when dispensed 
(other than administered) to or for a patient, contain a clear, concise 
warning, in a manner specified by the Secretary by regulation, that the 
opioids or opiates dispensed can cause dependence, addiction, and 
overdose.''.
    (b) Regulations.--
            (1) Regulations.--The Secretary of Health and Human 
        Services shall prescribe regulations under section 503(b) of 
        the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)) to 
        implement the amendment made by subsection (a) and such 
        regulations shall be effective not later than 2 years after the 
        date of enactment of this Act.
            (2) Interim rules.--The Secretary of Health and Human 
        Services may issue the regulations required under paragraph (1) 
        by interim rule to the extent necessary to comply with the 
        timing requirement in paragraph (1).
                                 <all>
```
EXHIBIT 31.2


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

I, Timothy Harrington,  the Chief Executive Officer,  Secretary, and Chairman of
Able  Energy,  Inc.  (the  "Company"),  certify,  pursuant to Section 906 of the
Sarbanes-Oxley  Act of 2002,  18  U.S.C.  Section  1350,  that to the best of my
knowledge:

(1)    the  Quarterly  Report on Form 10-Q of the Company  for the quarter  year
ended December 31, 2002 (the "Report")  fully complies with the  requirements of
Section 13 (a) or 15 (d) of the Securities  Exchange Act of 1934 (15 U.S.C.  78m
or 78o(d)); and

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

A signed  original of this  written  statement  required by Section 906 has been
provided to Able  Energy,  Inc.  and will be retained by Able  Energy,  Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.



Dated: February 17, 2004



/s/ Timothy Harrington
----------------------
Name: Timothy Harrington
Title: Chief Executive Officer, Secretary and Chairman
EXHIBIT
32.2






CERTIFICATION
OF CHIEF FINANCIAL OFFICER


PURSUANT
TO


18
U.S.C. SECTION 1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002




I, Robert
Mathews, certify to my knowledge pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the
Quarterly Report of Viking Systems, Inc. on Form 10-Q/A for the quarterly period ended September 30, 2009,
fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934 and that information contained in such Form 10-Q
fairly presents, in all material respects, the financial condition and results
of operations of Viking Systems, Inc.







Date: 
      December 3, 2009
            /s/ Robert
      MathewsRobert
      MathewsChief
      Financial Officer and Principal Accounting Officer
Rocky Mountain Wood Tick 

(Dermacentor andersoni)

ABOUT THIS MAP: This map is not meant to represent risks for a specific tick-borne disease, because disease transmission is influenced by multiple factors beyond mere tick presence. This map has been designed to answer the question "What ticks should I be concerned about at a regional scale?" Please consult a local public health authority or USDA Agricultural Extension Office to determine more specific information at the state, county, or municipal level. Background data for this map is from the US National Atlas. 

National Center for Emerging and Zoonotic Infectious Diseases
 Division of Vector-Borne Diseases
EXHIBIT (31)(a)

CERTIFICATION OF CHIEF EXECUTIVE OFFICER
PURSUANT TO SECTION 302 OF THE
SARBANES-OXLEY ACT OF 2002

I,
William L. Gipson, certify that:

1.     I
have reviewed this annual report on Form 10-K of The Empire District Electric Company;

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 annual 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 registrant as of, and for, the periods presented in this annual 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-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f))
for the registrant and we have:



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



Date:
February 20, 2009

|    |  |                      
|--- |  | ---------------------
|By: |  | /s/ William L. Gipson

|       |  |                                      
|------ |  | -------------------------------------
|Name:  |  | William L. Gipson                    
|Title: |  | President and Chief Executive Officer

---



QuickLinks
#### *State, Petitioner, v. Flores, Respondent,*

No. 91986-1.

Petition for review of a decision of the Court of Appeals, No. 32233-5-III, May 21, 2015, 188 Wn. App. 305. *Granted*December 2, 2015.
# C_2016156EN.01000902.xml

| 2.5.2016 | EN | Official Journal of the European Union | C 156/9 |
| --- | --- | --- | --- |

2.5.2016

EN

Official Journal of the European Union

C 156/9

---

Judgment of the Court (Grand Chamber) of 1 March 2016 — National Iranian Oil Company v Council of the European Union, European Commission

(Case C-440/14 P) (1)

1

((Appeal - Restrictive measures against the Islamic Republic of Iran - List of persons and entities subject to the freezing of funds and economic resources - Implementing Regulation (EU) No 945/2012 - Legal basis - Criterion relating to the material, logistical or financial support for the Government of Iran))

(2016/C 156/12)

Language of the case: French

Parties

Parties

Appellant: National Iranian Oil Company (represented by: J.-M. Thouvenin, avocat)

Appellant:

Other parties to the proceedings: Council of the European Union (represented by: M. Bishop and V. Piessevaux, acting as Agents), European Commission (represented by: A. Aresu, D. Gauci and L. Gussetti, acting as Agents)

Other parties to the proceedings:

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the appeal; |
| --- | --- |

1.

Dismisses the appeal;

| 2. | Orders National Iranian Oil Company to bear its own costs and to pay the costs of the Council of the European Union; |
| --- | --- |

2.

Orders National Iranian Oil Company to bear its own costs and to pay the costs of the Council of the European Union;

| 3. | Orders the European Commission to bear its own costs. |
| --- | --- |

3.

Orders the European Commission to bear its own costs.

---

(1)  OJ C 421, 24.11.2014.

1

---
No. 10-355.

#### Pella Corporation, et al., Petitioners v. Leonard E. Saltzman, et al.

562 U.S. 1178, 131 S. Ct. 998,

178 L. Ed. 2d 826,

2011 U.S. LEXIS 806.

January 18, 2011.

Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

Same case below, 606 F.3d 391.
No. 10-678.

#### Gregory S. Hollister, Petitioner v. Barry Soetoro, et al.

562 U.S. 1180, 131 S. Ct. 1017,

178 L. Ed. 2d 829,

2011 U.S. LEXIS 830,

January 18, 2011.

Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

Same case below, 368 Fed. Appx. 154.
#### *Total Outdoor Corp., Petitioner, v. City of Seattle Dep’t of Planning & Dev., Respondent,*

No. 91863-5.

Petition for review of a decision of the Court of Appeals, No. 70957-7-I, March 16, 2015, 187 Wn. App. 337. *Denied*November 4, 2015.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          OCT-31-1999
<PERIOD-START>                             NOV-01-1998
<PERIOD-END>                               JUL-31-1999
<CASH>                                           2,916
<SECURITIES>                                         0
<RECEIVABLES>                                   36,731
<ALLOWANCES>                                         0
<INVENTORY>                                     16,895
<CURRENT-ASSETS>                                61,113
<PP&E>                                         170,245
<DEPRECIATION>                                  55,369
<TOTAL-ASSETS>                                 233,785
<CURRENT-LIABILITIES>                           52,893
<BONDS>                                        181,480
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             1
<OTHER-SE>                                    (51,419)
<TOTAL-LIABILITY-AND-EQUITY>                   233,785
<SALES>                                        172,463
<TOTAL-REVENUES>                               172,463
<CGS>                                          142,661
<TOTAL-COSTS>                                  174,645
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              14,653
<INCOME-PRETAX>                               (16,835)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (16,835)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (16,835)
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          MAY-31-1999
<PERIOD-START>                             JUN-01-1998
<PERIOD-END>                               MAY-31-1999
<CASH>                                           4,039
<SECURITIES>                                         0
<RECEIVABLES>                                   51,708
<ALLOWANCES>                                     5,834
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                         501,859
<DEPRECIATION>                                 249,891
<TOTAL-ASSETS>                                 368,708
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        10,510
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                   368,708
<SALES>                                         36,057
<TOTAL-REVENUES>                               269,739
<CGS>                                           33,287
<TOTAL-COSTS>                                  216,950
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              11,999
<INCOME-PRETAX>                                 40,790
<INCOME-TAX>                                    16,725
<INCOME-CONTINUING>                             24,065
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    24,065
<EPS-BASIC>                                       0.98
<EPS-DILUTED>                                     0.96


</TABLE>
No. 10-8044.

#### Xu Jun Lee, Petitioner v. United States.

562 U.S. 1205, 131 S. Ct. 1056,

178 L. Ed. 2d 874,

2011 U.S. LEXIS 991.

January 24, 2011.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

Same case below, 395 Fed. Appx. 428.
No. 10-5539.

#### David Elton Mandeville, Petitioner v. Paul K. Smeal.

562 U.S. 1057, 131 S. Ct. 641,

178 L. Ed. 2d 472,

2010 U.S. LEXIS 9436.

November 29, 2010.

On petition for writ of certiorari to the United States Court of Appeals for the Third Circuit. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Third Circuit for further consideration in light of Commonwealth v. Mandeville, 11 A.3d 1009 (Pa Super. 2010).
[Federal Register Volume 63, Number 133 (Monday, July 13, 1998)]
[Notices]
[Page 37553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18511]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. RP98-335-000]


Mobile Bay Pipeline Company; Notice of Waiver

July 7, 1998.
    Take notice that on July 1, 1998, Mobile Bay Pipeline Company 
(Mobile Bay) filed a request for a waiver from the Commission's 
requirement to comply with 18 CFR 284.10(c)(3)(iii) regarding an 
electronic cross-reference table.
    Mobile Bay states that copies of this filing have been served upon 
each party designated on the official service list.
    Any person desiring to be heard or to protest this filing should 
file a motion to intervene or a protest with the Federal Energy 
Regulatory Commission, 888 First Street, N.E., Washington, D.C. 20426, 
in accordance with Sections 385.214 and 385.211 of the Commission's 
Rules and Regulations. All such motions or protests must be filed as 
provided in Section 154.210 of the Commission's Regulations. Protests 
will be considered by the Commission in determining the appropriate 
action to be taken, but will not serve to make protestants parties to 
the proceedings. Any person wishing to become a party must file a 
motion to intervene. Copies of this filing are on file with the 
Commission and are available for public inspection in the Public 
Reference Room.
David P. Boergers,
Acting Secretary.
[FR Doc. 98-18511 Filed 7-10-98; 8:45 am]
BILLING CODE 6717-01-M