alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. 96-31287 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus PAUL M. BYOUS, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Louisiana

USDC No. 96-CR-104

- - - - - - - - - - September 18, 1997 Before JOLLY, BENAVIDES, and PARKER, Circuit Judges.
PER CURIAM: * Paul Byous appeals his jury conviction and sentencing for conspiracy to possess with intent to distribute cocaine hydrochloride and possession with intent to distribute cocaine base. He argues that 1) his indictment was based on perjured testimony and the district court erred in not dismissing the indictment, 2) the district court erred in admitting extrinsic crime evidence of Byous’ 1988 guilty plea conviction, and 3) the district court incorrectly interpreted 21 U.S.C. § 851(a)(2), andNo. 96-31287 -2- erred in enhancing his sentence. Prosecutorial errors before the grand jury can be considered harmless error. Bank of Nova Scotia v. United States , 487 U.S. 250, 256 (1988). Notwithstanding the alleged perjured testimony, there was a substantial amount of testimony before the grand jury that Byous conspired to distribute cocaine and possessed crack cocaine with intent to distribute. Even assuming perjury was committed before the grand jury, such testimony did not substantially influence the grand jury’s decision to indict. Id. Because Byous placed at issue intent and knowledge in his defense, his 1988 conviction for possession of cocaine base was probative to issues other than his character. The probative value of the evidence was not substantially outweighed by the evidence’s prejudicial effect. Nor was the prior conviction too temporally remote. United States v. Beechum , 582 F.2d 898, 911 (5th Cir. 1978)(en banc); United States v. Zanabria , 74 F.3d 590, 592 (5th Cir. 1995). While this case presents an issue of first impression as to whether, under 21 U.S.C. § 851(a)(2), the prior conviction used by the Government to enhance a sentence must be from a waiver of or prosecution by indictment, we need not decide the issue under our plain error review. Even if the district court erred in enhancing Byous’ sentence, such error was not plain, given that the circuits are split as to the interpretation of § 851(a)(2) and the error was not clear under current law. See United StatesNo. 96-31287 -3- v. Espinosa , 827 F.2d 604, 616-17 (9th Cir. 1990); United States v. Collado , 106 F.3d 1097, 1103 (2nd Cir. 1997); see also United States v. Calverley , 37 F.3d 160, 162-64 (5th Cir. 1994)(en banc). Furthermore, our decision to not correct the error, if plain, would not “seriously affect the fairness, integrity, or public reputation of judicial proceedings,” given that Byous was sentenced within the statutory sentencing range. Calverley , 37 F.3d at 162-64; see also United States v. Martinez-Cortez , 988 F.2d 1408, 1415-16 (5th Cir. 1993).
AFFIRMED.
EXHIBIT 23.1

                                                         LAKE & ASSOCIATES CPA'S


            CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
            --------------------------------------------------------

We consent to the use, in the report on Form 10-K of EcoLiveGreen Corp. (A
Development Stage Company), of our report dated March 16, 2010 on our audit of
the financial statements of EcoLiveGreen Corp. (A Development Stage Company) as
of December 31, 2009, and the related statements of operations, stockholders'
equity/(deficit) and cash flows from inception on November 8, 2008 through
December 31, 2009, and the reference to us under the caption "Experts."

/s/Lake & Associates, CPA's LLC
Lake & Associates, CPA's LLC
Boca Raton, Florida
April 7, 2010


1905 Wright Boulevard                              20283 State Road 7, Suite 300
Schaumburg, IL 60193                                   Boca Raton, Florida 33498

Phone: 847-524-0800                                          Phone: 561.982.9874
Fax: 847-524-1655                                              Fax: 561.982.7985
Michael ROUNDTREE, Appellant, v. STATE of Florida, Appellee.

CASE NO. 1D16-5778

District Court of Appeal of Florida, First District.

Opinion filed October 10, 2017.

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
Opinion issued August 6, 2013

In The

Court of Appeals 

For The

First District of Texas 

NO. 01B12B00187BCV

THOMAS DAVIS, Appellant

V.

DISCOUNT TIRE COMPANY OF TEXAS, INC., DILL AIR CONTROLS 

PRODUCTS, LLC, AND BRIDGESTONE AMERICAS TIRE OPERATION 

LLC, Appellees

On Appeal from the 80th District Court

Harris County, Texas

Trial Court Cause No. 2010-14448

MEMORANDUM OPINION

Appellant Thomas Davis has failed to timely file a brief. See TEX. R. APP. P.
2

38.6(a) (governing time to file brief), 38.8(a) (governing failure of appellant to file 

brief). After being notified that this appeal was subject to dismissal, appellant did 

not respond. See TEX. R. APP. P. 42.3(b) (allowing involuntary dismissal of case).

We dismiss the appeal for want of prosecution for failure to timely file a brief. 

We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Sharp and Massengale.
David ALEXANDER, Appellant, v. STATE of Florida, Appellee.

CASE NO. 1D16-2338

District Court of Appeal of Florida, First District.

Opinion filed October 17, 2017.

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
Shane BURNETT, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),

CASE NO.: 3D17-0960

District Court of Appeal of Florida, Third District.

JULY 26, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Denied.
# Publicatieblad C 163A/5 ju

| | ISSN 1725-2474 |
| --- | --- |
| Publicatieblad
  van de Europese Unie | C 163A |
| | |
| Uitgave in de Nederlandse taal | Mededelingen en bekendmakingen | 48e jaargang5 juli 2005 |

ISSN 1725-2474

Publicatieblad

van de Europese Unie

C 163A

Uitgave in de Nederlandse taal

Mededelingen en bekendmakingen

48e jaargang5 juli 2005

---

| Nummer | Inhoud | Bladzijde |
| --- | --- | --- |
| | III   Bekendmakingen |
| | Commissie |
| 2005/C 163A/1 | Kennisgeving van een vacature voor de functie van Directeur van het Europees Agentschap voor de veiligheid en de gezondheid op het werk (rang A*14) COM/2005/10001 | 1 |

Nummer

Inhoud

Bladzijde

III   Bekendmakingen

Commissie

2005/C 163A/1

Kennisgeving van een vacature voor de functie van Directeur van het Europees Agentschap voor de veiligheid en de gezondheid op het werk (rang A*14) COM/2005/10001

1

| NL | |
| --- | --- |

NL

---

III Bekendmakingen

Commissie

| 5.7.2005 | NL | Publicatieblad van de Europese Unie | CA 163/1 |
| --- | --- | --- | --- |

5.7.2005

NL

Publicatieblad van de Europese Unie

CA 163/1

---

Kennisgeving van een vacature voor de functie van

DIRECTEUR

van het Europees Agentschap voor de veiligheid en de gezondheid op het werk

(rang A*14)

COM/2005/10001

(2005/C 163 A/01)

Het Europees Agentschap voor de veiligheid en de gezondheid op het werk zoekt kandidaten voor de functie van directeur.

Kandidaten dienen onderdaan te zijn van een lidstaat van de Europese Unie.

De directeur wordt door de raad van bestuur van het Agentschap gekozen uit een lijst van kandidaten die worden geselecteerd en voorgedragen door de Europese Commissie. Het salaris en de arbeidsvoorwaarden zijn vastgelegd in het Statuut voor ambtenaren van de Europese Gemeenschappen in de rang A*14. Het Agentschap en de Commissie hanteren een beleid van gelijke kansen.

De functieomschrijving, het sollicitatieformulier en de instructies voor de indiening van de sollicitatie zijn te vinden op de volgende Internetadressen:

http://europa.eu.int/comm/dgs/personnel_administration/working_senior_mgt_fr.htm

of

http://europa.eu.int/comm/employment_social/news/2005/jul/bilbao_vacancy_en.html

De termijn voor de ontvangst van de sollicitaties is 10 augustus 2005 (het poststempel geldt als bewijs).

---
Michelle Flores

15467 West Yucatan Drive

Surprise, Arizona 85379

Dear Sir or Madam:

This petition is being submitted on my behalf without legal counsel or consulting services. Pursuant to Section 333 

of the FAA Modernization and Reform Act of 2012 (the Reform Act), and 14 C.F.R. Part 11, Michelle Flores, a 

freelance multimedia producer, hereby applies for an exemption from the Federal Aviation Regulations (FARs) 

listed below to allow operation of our Small Unmanned Aircraft System (sUAS) commercially in airspace regulated 

by the Federal Aviation Administration (FAA) so long as such operations are conducted with and under the 

conditions outlined herein or as may be established by the FAA as required by Section 333. The requested 

exemption would permit Michelle Flores to operate my Yuneec Typhoon Q500+ quadcopter and pursue his 

commercial interests in providing services for profit to include aerial photography, aerial cinematography, aerial 

filming and photography for real estate, construction firms, special events to include but not limited to weddings, 

private or public parties/events, business advertising, and promotional events.

Michelle Flores states that all UAV/UAS flights may occur over public, private or controlled access property and will 

do so, if possible, with the property owner's consent and knowledge. Michelle Flores has demonstrated the ability 

to safely and effectively fly the UAV/UAS Yuneec Typhoon Q500+ which will be used for all commercial and private 

purposes. Michelle Flores complies with local ordinances and laws regarding the operation of UAV/UAS, and 

adheres to all weather and environmental restrictions or limitations in reference to the operations of UAV/UAS.

Prior to each flight/operation of the UAV/UAS, Michelle Flores will conduct a Pre-Flight Safety Inspection. Only the 

manufacturers authorized repair facilities/ providers will perform any and all repairs. The UAV/UAS will only be 

operated within visual line of sight and will not be flown near airports or above 400 feet. The FAA can be confident 

that operations of this UAV/UAS will achieve at least the equivalent or greater level of safety.

Regulations from which exemption is requested:

14 C.F.R. Part 21

14 C.F.R. 45.23(b)

14 C.F.R. 61.113(a) & (b)

14 C.F.R. 91.7(a)

14 C.F.R. 91.9(b) (2)

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121

14 C.F.R. 91.151(a)

14 C.F.R. 91.203(a) & (b)

14 C.F.R. 91.205(b)

14 C.F.R. 91.215

14 C.F.R. 91.401 - 91.417

I have included the Yuneec Typhoon Q500+ user manual. 

Thank you very much for your consideration.

Sincerely,

Michelle Flores
The Honorable Warren K. Urbom, United States District Judge 1

for the District of Nebraska.

___________

No. 96-1489

___________

United States of America, *

 *

Appellee, *

 * Appeal from the United States

v. * District Court for the

 * District of Nebraska.

Paul K. Golter, *

 * [UNPUBLISHED]

Appellant. *

___________

 Submitted: August 6, 1996

 Filed: October 21, 1996

___________

Before BEAM, HANSEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

___________

PER CURIAM.

After Paul K. Golter pleaded guilty to conspiring to distribute

and possess with intent to distribute cocaine, the district court1

sentenced him to 15 months imprisonment and, as a special condition of

supervised release, prohibited him from using alcohol. Golter moved to

modify this condition, such that he be required to refrain only from

excessive alcohol use. The district court denied the motion, noting a

social services organization's evaluation of Golter which predicted he

would return to his past cocaine use if he consumed alcohol. Golter

appeals. We have reviewed the record and the parties' briefs, and we

cannot conclude the district court abused its discretion in denying

Golter's motion. Cf. United States v. Prendergast, 979 F.2d 1289, 1292-93
-2-

(8th Cir. 1992) (reviewing for abuse of discretion district court's

original imposition of a special condition of supervised release).

Accordingly, the judgment of the district court is affirmed.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
Carolyn W. CHURCHWELL, Appellant/Petitioner(s), v. U.S. BANK NATIONAL ASSOCIATION, Appellee/Respondent(s).

CASE NO.: 2D17-1526

District Court of Appeal of Florida, Second District.

June 16, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Denied.
EXHIBIT 32.1



CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report of UHF Incorporated on Form 10-QSB for the quarterly period ended June 30, 2004 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Ronald C.
Schmeiser, President and Chief Executive Officer of UHF Incorporated, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 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 results of operations of the registrant.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------



|                    |  |     |  |                                      
|------------------- |  | --- |  | -------------------------------------
|Date: July 16, 2004 |  | By: |  | /s/ Ronald C. Schmeiser              
|                    |  |     |  | Ronald C. Schmeiser                  
|                    |  |     |  | President and Chief Executive Officer
Rafael Angel SALVADOR and Rafael Salvador, Appellants, v. Lucia Mercedes TAMAJON, Appellee.

No. 3D16-2186

District Court of Appeal of Florida, Third District.

Opinion filed October 11, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
David HUFFMAN, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D17-1343

District Court of Appeal of Florida, Second District.

April 10, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### Centers for Disease Control and Prevention 

In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention (CDC) announces the aforementioned meeting. 

*Time and Date:*                         1:30 p.m.-3 p.m., May 14, 2009 (Closed).                     

*Place:*                         Teleconference.                     

*Status:*                         The meeting will be closed to the public in accordance with provisions set forth in Section 552b(c)(4) and (6), Title 5 U.S.C., and the Determination of the Director, Management Analysis and Services Office, CDC, pursuant to Public Law 92-463.                     

*Matters To Be Discussed:*                         The meeting will include the review, discussion, and evaluation of applications received in response to “CDC Grants for Public Health Research Dissertation, Panel J, FOA PAR07-231.”                     

*Contact Person for More Information*: Maurine F. Goodman, M.A., M.P.H., Scientific Review Officer, Office of the Director, Office of the Chief Science Officer, CDC, 1600 Clifton Road, NE., Mailstop D72, Atlanta, GA 30333,                         *Telephone*: (404) 639-4640.                     

                        The Director, Management Analysis and Services Office, has been delegated the authority to sign                         **Federal Register**                         notices pertaining to announcements of meetings and other committee management activities, for both CDC and the Agency for Toxic Substances and Disease Registry.                     

Dated: March 23, 2009. 

Elaine L. Baker, 

Director, Management Analysis and Services Office, Centers for Disease Control and Prevention.

 [FR Doc. E9-7062 Filed 3-27-09; 8:45 am] 

BILLING CODE 4163-18-P
Exhibit 32.2

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

Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code), each of the undersigned officers of Environmental Energy Services, Inc., a Delaware corporation (the "Company"), do hereby certify, to the best of his knowledge, that: 

1.     The Quarterly Report on Form 10-QSB for the quarter ended September 30, 2004 (the "Form 10-QSB") of the Company complies in all material respects 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 Form 10-QSB fairly presents, in all material respects, the financial condition and results of operations of the Company.  

/s/ Greg Holsted

Greg Holsted, Chief Financial Officer

Date: November 30, 2004
Exhibit 10.33





Jeff Thachuk


1120 Martin St.


White Rock, BC


V4B 3V7











May 31, 2011





Coronus Solar Inc.


1100 – 1200 West 73rd Ave.


Vancouver, BC


V6P 6G5





Re:           Letter of Engagement for Jeff Thachuk





Dear Board of Directors:





This letter is to confirm my understanding of the terms and objectives of my engagement as Chief Executive Officer of Coronus Solar Inc. (the “Corporation”).





As Chief Executive Officer, I am responsible for the general development of our business, including business direction and strategy. As the Corporation’s sole “active” employee, I am responsible for day-to-day operations. Additionally, I am responsible for the overall administration of the Corporation, not only as it relates to our core, solar business, but also as it relates to us as a reporting issuer.





I report directly to the Board of Directors, and submit to them, for their review and approval, designs and plans covering all aspects of the Corporation’s business direction and development, as well as its administration.





As Chief Executive Officer, I now dedicate approximately 40 hours per week to the business of the Corporation, and shall continue to do so.





Effective June 1, 2011, the compensation I shall receive to serve as Chief Executive Officer is a salary of CAD $8,000 per month..





Sincerely,








JEFF THACHUK


Jeff Thachuk


Chief Executive Officer


Coronus Solar Inc.


1





ACCEPTED by the Board of Directors of Coronus Solar Inc., May 31, 2011:

















JEFFERSON THACHUK

RAVEN KOPELMANJefferson Thachuk

Raven KopelmanKENNETH BOGAS

DAVID HOLMESKenneth Bogas

David Holmes




















































2
Climpson MARTIN v. ALABAMA DEPARTMENT OF CORRECTIONS

CR-15-1055

Court of Criminal Appeals of Alabama.

October 21, 2016

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 17a0289n.06

No. 16-3824

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee,

v. MICHAEL HASAN, Defendant-Appellant. ) ) ) ) ) ) ) ) ) ) ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO

BEFORE: CLAY, GIBBONS, an d STRANCH, Circuit Judges.

PER CURIAM. The issue presented by this ca se is whether Michael Hasan’s aggravated-robbery conviction pursuant to Ohio Rev. Code § 2911.01(A)(1) qualifies as a violent felony under the Armed Car eer Criminal Act’s (“ACCA”) use-of-force clause. On April 3, 2017, we definitively answered that question. In United States v. Patterson , 853 F.3d 298 (6th Cir. 2017), a unanimous pane l of this court held that a conviction under § 2911.01(A)(1) is categorically a violent felony pursuant to the AC CA’s use-of-force clause because the Ohio statute requires proof of the use, attempted use, or thr eated use of physical force against another person. That resolves this matter. Accordingl y, because his Ohio aggravated-robbery conviction qualifies as an ACCA pred icate offense, we affirm the distri ct court’s determination that Hasan

is an armed career criminal.
[Federal Register Volume 74, Number 53 (Friday, March 20, 2009)]
[Notices]
[Page 11965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5762]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5280-N-10]


Federal Property Suitable as Facilities To Assist the Homeless

AGENCY: Office of the Assistant Secretary for Community Planning and 
Development, HUD.

ACTION: Notice.

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

SUMMARY: This Notice identifies unutilized, underutilized, excess, and 
surplus Federal property reviewed by HUD for suitability for possible 
use to assist the homeless.

Effective Date: March 20, 2009.

FOR FURTHER INFORMATION CONTACT: Kathy Ezzell, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Room 7262, Washington, 
DC 20410; telephone (202) 708-1234; TTY number for the hearing- and 
speech-impaired (202) 708-2565, (these telephone numbers are not toll-
free), or call the toll-free Title V information line at 800-927-7588.

SUPPLEMENTARY INFORMATION: In accordance with the December 12, 1988 
court order in National Coalition for the Homeless v. Veterans 
Administration, No. 88-2503-OG (D.D.C.), HUD publishes a Notice, on a 
weekly basis, identifying unutilized, underutilized, excess and surplus 
Federal buildings and real property that HUD has reviewed for 
suitability for use to assist the homeless. Today's Notice is for the 
purpose of announcing that no additional properties have been 
determined suitable or unsuitable this week.

    Dated: March 12, 2009.
Mark R. Johnston,
Deputy Assistant Secretary for Special Needs.
[FR Doc. E9-5762 Filed 3-19-09; 8:45 am]
BILLING CODE 4210-67-P
Maddox Ungar Silberstein,
PLLC CPAs and Business
Advisors


Phone
(248) 203-0080


Fax (248)
281-0940


30600
Telegraph Road, Suite 2175


Bingham
Farms, MI 48025-4586


www.maddoxungar.com








December
15, 2009








CONSENT
OF INDEPENDENT REGISTERED ACCOUNTING FIRM





Board of
Directors


NanoAsia
Ltd.


Dongguan,
Guangdong, China





To Whom
It May Concern:





Maddox
Ungar Silberstein, PLLC hereby consents to the use in the Form 10-K, Annual
Report Under Section 13 of 15(d) of the Securities Exchange Act of 1934, filed
by NanoAsia, Ltd. of our report dated December 15, 2009, relating to the
financial statements of NanoAsia Ltd., a Nevada Corporation, as of and for the
periods ending August 31, 2009 and 2008, and for the period from September 19,
2007 (inception) to August 31, 2009.





Sincerely,





/s/ Maddox Ungar
Silberstein, PLLC





Maddox
Ungar Silberstein, PLLC