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

No. 03-41357.

Summary Calendar

United States Court of Appeals, Fifth Circuit.

DECIDED: May 26, 2004.

*509Tracey M. Batson, Assistant US Attorney, Plano, TX, for Plaintiff-Appellee.

Clifton L. Holmes, Louis Charles Van Cleef, Holmes & Moore, Longview, TX, for Defendant-Appellant.

Before JONES, BENAVIDES and CLEMENT, Circuit Judges.

PER CURIAM:*

Glen Boliver appeals his 235-month sentence for conspiring to manufacture methamphetamine. He contends that the district court erred by (1) attributing 10 pounds (4.3 kilograms) of methamphetamine to him; (2) adjusting his offense level for possession of a firearm; (3) attributing one criminal-history point for a theft conviction; and (4) declining to depart downward because a conviction for driving with a suspended license, which resulted in one criminal-history point, overrepresented the seriousness of Boliver’s criminal history.

Any error in the attribution of 10 pounds of methamphetamine was harmless. There was sufficient evidence in the record to support attribution of at least two kilograms of methamphetamine, which together with the 3.2 grams of cocaine he possessed, placed Boliver at base offense level 34, the same base offense level applicable to 10 pounds. U.S.S.G. § 2Dl.l(c)(3); *see United States v. Narviz-Guerra,*148 F.3d 530, 537-38 (5th Cir.1998).

The evidence supported the adjustment for possession of a firearm. James Helton’s testimony indicated that Boliver possessed a firearm during a drug-related confrontation. *See United States v. Eastland,*989 F.2d 760, 770 (5th Cir.1993); U.S.S.G. § 2Dl.l(b)(l).

The district court’s comments at sentencing did not indicate that the district court was unaware of its discretion to depart downwardly based on possible over-representation of the seriousness of Boliver’s criminal history. We therefore lack jurisdiction to consider whether the district court erred by declining to depart. *United States v. Landerman,*167 F.3d 895, 899 (5th Cir.1999).

We need not address Boliver’s contention regarding the one criminal history point assigned to his theft offense — any error regarding the assignment of that point would be harmless, as Boliver would remain in criminal history category III. *See Narviz-Guerra,*148 F.3d at 537-38. AFFIRMED.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from Davidson
Diversified Real Estate II, L.P. Third Quarter 10-QSB and is qualified in its
entirety by reference to such 10-QSB filing.
</LEGEND>
<CIK> 0000750258
<NAME> DAVIDSON DIVERSIFIED REAL ESTATE II, L.P.
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                           1,387
<SECURITIES>                                         0
<RECEIVABLES>                                      739
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0<F1>
<PP&E>                                          45,787
<DEPRECIATION>                                  24,601
<TOTAL-ASSETS>                                  24,344
<CURRENT-LIABILITIES>                                0<F1>
<BONDS>                                         25,744
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     (3,369)
<TOTAL-LIABILITY-AND-EQUITY>                    24,344
<SALES>                                              0
<TOTAL-REVENUES>                                 6,755
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 7,678
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,661
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (923)
<EPS-BASIC>                                   (739.23)<F2>
<EPS-DILUTED>                                        0
<FN>
<F1>Registrant has an unclassified balance sheet.
<F2>Multiplier is 1.
</FN>


</TABLE>
Document

EXHIBIT 10.10.2
FIRST AMENDMENT TO THE MOODY'S CORPORATION RETIREMENT ACCOUNT
The Moody’s Corporation Retirement Account (amended and restated effective as of January 1, 2021) (the “Plan”) is hereby amended as follows, effective as of the date this First Amendment is adopted:
1.The first paragraph of Section 1.14 is amended to add the following sentence to the end thereof:
In addition, for a Member who qualifies for an Early Retirement Benefit or a Normal Retirement Benefit as of his or her Severance Date, Compensation shall include any pro rata annual bonus paid in connection with the Member’s retirement. 
2.For purposes of clarity, the Section titled “Direct Rollover Treatment for Certain Distributions” is Section 8.9 of the Plan and the Section titled “Retroactive Benefit Commencement Dates” is Section 8.10 of the Plan.
```

[Federal Register Volume 83, Number 14 (Monday, January 22, 2018)]
[Notices]
[Pages 3026-3027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01047]

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

DEPARTMENT OF JUSTICE

Foreign Claims Settlement Commission

Completion of Claims Adjudication Program

AGENCY: Foreign Claims Settlement Commission of the United States, 
Justice.

ACTION: Notice.

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

SUMMARY: This notice announces the completion date of the claims 
adjudication program referred to the Foreign Claims Settlement 
Commission (``Commission'') by the Department of State by letter dated 
November 27, 2013 (the ``Libya III program''), involving claims of 
United States nationals against the Government of Libya that were 
settled under the ``Claims Settlement Agreement Between the United 
States of America and the Great Socialist People's Libyan Arab 
Jamahiriya,'' dated August 14, 2008. By prior notice, the Commission 
announced the commencement of the Libya III program on December 13, 
2013 (78 FR 75944).

DATES: The completion date of the Libya III program is April 6, 2018. A 
petition to reopen a claim filed in the Libya III program must be filed 
not later than February 5, 2018 (60 days before the completion date). 
45 CFR 509.5(l).

FOR FURTHER INFORMATION CONTACT: Brian M. Simkin, Chief Counsel, 
Foreign Claims Settlement Commission of the United States, 600 E Street 
NW, Room 6002, Washington, DC 20579, Tel. (202) 616-6975, FAX (202) 
616-6993.

Notice of Completion of Claims Adjudication Program

    Pursuant to the authority conferred upon the Secretary of State and 
the Commission under subsection 4(a)(1)(C) of Title I of the 
International Claims Settlement Act of 1949 (Pub. L. 455, 81st Cong., 
approved March 10, 1950, as amended by Public Law 105-277, approved 
October 21, 1998 (22 U.S.C. 1623(a)(1)(C))), the Foreign Claims 
Settlement Commission hereby gives notice that on April 6, 2018, the 
Commission will complete the claims adjudication programs referred to 
the Commission by the Department of State by letter dated November 27, 
2013 (the

[[Page 3027]]

``Libya III program''), involving claims of United States nationals 
against the Government of Libya that were settled under the ``Claims 
Settlement Agreement Between the United States of America and the Great 
Socialist People's Libyan Arab Jamahiriya,'' dated August 14, 2008.

Brian M. Simkin,
Chief Counsel.
[FR Doc. 2018-01047 Filed 1-19-18; 8:45 am]
 BILLING CODE 4410-01-P
```
EX PARTE Lisa Hope ANTOINE

1151226 (2150321)

Supreme Court of Alabama.

October 14, 2016

**DECISION WITHOUT PUBLISHED OPINION**

Cert. denied.
**EXHIBIT23.2**

 

 

 

CONSENTOF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

 

 

 

We hereby consent to the incorporation byreference in the Registration Statements on Form S-8 filed September 14, 2005and Form S-1 (Nos. 333-127101 and 333-120129) of PRB Gas Transportation, Inc.of our report dated March 30, 2006 related to the 2005 consolidated financialstatements, which appears in the Form 10-K.

 

 

 

 

                                                                                                /s/Ehrhardt Keefe Steiner & Hottman PC

 

Denver, Colorado

April 13, 2006

 

----
**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

The undersigned, Robert A. Archer, President and Chief Executive Officer of Great Panther Resources Limited, hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:
| (1) | the annual report on Form 20-F of Great Panther Resources Limited for the year ended December 31, 2005 (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 Great Panther Resources Limited. |
|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

Date:  June 30, 2006.

/s/ Robert A. Archer                                  

Robert A. Archer

President and Chief Executive Officer

(Principal Executive Officer)

A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to Blue Earth Refineries Inc. and will be retained by Blue Earth Refineries Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                       1,226,078
<SECURITIES>                                 8,361,824
<RECEIVABLES>                                  387,139
<ALLOWANCES>                                         0
<INVENTORY>                                    187,101
<CURRENT-ASSETS>                            10,442,208
<PP&E>                                         537,958
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              14,193,060
<CURRENT-LIABILITIES>                        3,412,327
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         7,842
<OTHER-SE>                                  10,642,099
<TOTAL-LIABILITY-AND-EQUITY>                14,193,060
<SALES>                                              0
<TOTAL-REVENUES>                             1,862,323
<CGS>                                          835,453
<TOTAL-COSTS>                                3,199,841
<OTHER-EXPENSES>                             (187,480)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                            (1,150,038)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (1,150,038)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,150,038)
<EPS-PRIMARY>                                    (.15)
<EPS-DILUTED>                                        0
        

</TABLE>
[Federal Register Volume 74, Number 62 (Thursday, April 2, 2009)]
[Notices]
[Pages 14962-14963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7395]


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

DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket No. DoD-2008-OS-0110]


Submission for OMB Review; Comment Request

ACTION: Notice.

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

    The Department of Defense has submitted to OMB for clearance, the 
following proposal for collection of information under the provisions 
of the Paperwork Reduction Act (44 U.S.C. Chapter 35).

DATES: Consideration will be given to all comments received by May 4, 
2009.
    Title and OMB Number: Request for approval for Procurement 
Technical Assistance Center Cooperative Agreement Performance Report; 
DLA Form 1806; OMB Control Number 0704-0320.
    Type of Request: Extension.
    Number of Respondents: 95.
    Responses Per Respondent: 4.
    Annual Responses: 380.
    Average Burden per Response: 7 hours.
    Annual Burden Hours: 2,660.
    Needs and Uses: The Defense Logistics Agency uses the report as the 
principal instrument for measuring the performance of Cooperative 
Agreement awards made under 10 U.S.C. Chapter 142.
    Affected Public: Not-for-profit institutions; state, local or 
tribal governments.
    Frequency: Quarterly.
    Respondent's Obligation: Required to obtain or retain benefits.

[[Page 14963]]

    OMB Desk Officer: Ms. Jasmeet Seehra.
    Written comments and recommendations on the proposed information 
collection should be sent to Ms. Seehra at the Office of Management and 
Budget, Desk Officer for DoD, Room 10236, New Executive Office 
Building, Washington, DC 20503.
    You may also submit comments, identified by docket number and 
title, by the following method:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency 
name, docket number and title for this Federal Register document. The 
general policy for comments and other submissions from members of the 
public is to make these submissions available for public viewing on the 
Internet at http://www.regulations.gov as they are received without 
change, including any personal identifiers or contact information.
    DOD Clearance Officer: Ms. Patricia Toppings.
    Written requests for copies of the information collection proposal 
should be sent to Ms. Toppings at WHS/ESD/Information Management 
Division, 1777 North Kent Street, RPN, Suite 11000, Arlington, VA 
22209-2133.

    Dated: March 27, 2009.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. E9-7395 Filed 4-1-09; 8:45 am]
BILLING CODE 5001-06-P
Kenneth W. HARGROVE, Appellant, v. STATE of Florida, Appellee.

Case No. 5D17-3529

District Court of Appeal of Florida, Fifth District.

Decision filed February 6, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
Neelam UPPAL, Appellant/Petitioner(s), v. NATIONSTAR MORTGAGE, LLC, Appellee/Respondent(s).

CASE NO.: 2D16-3830

District Court of Appeal of Florida, Second District.

August 28, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
[Federal Register Volume 74, Number 65 (Tuesday, April 7, 2009)]
[Notices]
[Page 15755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7796]


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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-62,704]


Spring Window Fashions, Including On-Leased Employees From Kelly 
Services, Spherion, Keystone Staffing, Ashford Staffing and One Source, 
Montgomery, PA; Amended Certification Regarding Eligibility To Apply 
for Worker Adjustment Assistance and Alternative Trade Adjustment 
Assistance

    In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C. 
2273), and Section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as 
amended, the Department of Labor issued a Certification of Eligibility 
to Apply for Worker Adjustment Assistance and Alternative Trade 
Adjustment Assistance on February 27, 2008, applicable to workers of 
Spring Window Fashions, including on-site leased workers from Kelly 
Services, Spherion, Keystone Staffing and Ashford Staffing, Montgomery, 
Pennsylvania. The notice was published in the Federal Register on March 
11, 2008 (73 FR 13017).
    At the request of the petitioners, the Department reviewed the 
certification for workers of the subject firm. The workers are engaged 
in the production of window coverings such as mini blinds and pleated 
blinds, and other forms of window treatments.
    New information shows that workers leased from One Source were 
employed on-site at the Montgomery, Pennsylvania location of Spring 
Window Fashions. The Department as determined that these workers were 
sufficiently under the control of the subject firm to be considered 
leased workers.
    Based on these findings, the Department is amending this 
certification to include leased workers from One Source working on-site 
at the Montgomery, Pennsylvania location of the subject firm.
    The amended notice applicable to TA-W-62,704 is hereby issued as 
follows:

    All workers of Spring Window Fashions, including on-site leased 
workers from Kelly Services, Spherion, Keystone Staffing, Ashford 
Staffing and One Source, Montgomery, Pennsylvania, who became 
totally or partially separated from employment on or after January 
4, 2007, through February 27, 2010, are eligible to apply for 
adjustment assistance under Section 223 of the Trade Act of 1974, 
and are also eligible to apply for alternative trade adjustment 
assistance under Section 246 of the Trade Act of 1974.

    Signed at Washington, DC this 27th day of March 2009.
Richard Church,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-7796 Filed 4-6-09; 8:45 am]
BILLING CODE 4510-FN-P
# Fourth Court of Appeals

San Antonio, Texas

September 6, 2019

No. 04

- 19

- 00603

- CV

IN RE Cedric Bertnell EDWARDS , Sr.

Original Mandamus Proceeding 1

ORDER

Sitting: Rebeca C. Martinez , Justice

Patricia O. Alvarez , Justice

Luz Elena D. Chapa , Justice

On September 5, 2019, relator

, Ced ric Ber tnell Edwards Sr.

, filed a n Emergency Petition

for a W rit of Man damus. The court is of the opinion the petition raises a serious question

concerning the mandamus relief sought and requires further consideration. See T EX

. R. A PP

. P.

52.8. We therefore request a response and order that respondent may file a response to the

petition no later than September 9, 2019

. Any response must conform to Texas Rule of

Appellate Procedure 52.4. Relator may file a reply no later than noon Septe mber 11, 2019

.

It is so ORDERED on September 6, 2019

.

PER CURIAM

ATTESTED TO: _________________________

Keith E. Hottle

Clerk of Court

1 This court has jurisdiction pursuant to section 273.061 of the Texas Election Code

, which authorizes this court to

“ issue a writ of mandamus to compel the performan ce of any duty imposed by law in co nnection with the holding of

an election . . . regardless of whether the person responsible for performing the duty is a public officer

. ” T EX

. E LEC

. C ODE § 273.061.
[Federal Register Volume 74, Number 64 (Monday, April 6, 2009)]
[Notices]
[Page 15500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7713]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Center for Complementary & Alternative Medicine; Notice 
of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. App.), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Center for Complementary and 
Alternative Medicine Special Emphasis Panel Loan Repayment Program.
    Date: April 28, 2009.
    Time: 8 a.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, One Democracy Plaza, 6701 
Democracy Boulevard, Bethesda, MD 20892. (Telephone Conference Call)
    Contact Person: Laurie Friedman Donze, PhD, Scientific Review 
Officer, Office of Scientific Review, National Center for 
Complementary, and Alternative Medicine, NIH, 6707 Democracy Blvd., 
Suite 401, Bethesda, MD 20892, 301-402-1030, <a href="/cdn-cgi/l/email-protection#b6d2d9d8ccd3daf6dbd7dfda98d8dfde98d1d9c0"><span class="__cf_email__" data-cfemail="e2868d8c98878ea28f838b8ecc8c8b8acc858d94">[email protected]</span></a>.


    Dated: March 31, 2009.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
 [FR Doc. E9-7713 Filed 4-3-09; 8:45 am]
BILLING CODE 4140-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-6352

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus BANDELE M. JONES, Defendant - Appellant. Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. Charles H. Haden II, Chief District Judge. (CR-95-51, CA-02-1) Submitted: May 16, 2002 Decided: May 28, 2002 Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Bandele M. Jones, Appellant Pro Se. Michael Lee Keller, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Bandele M. Jones appeals the district court’s order denying relief in his motion pursuant to 28 U.S.C.A. § 2255 (West Supp. 2001). We have reviewed the record and the district court’s order adopting the magistrate judge’s recommendation and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss on the reasoning of the district court. See United States v. Jones , Nos. CR-95-51; CA-02-1 (S.D.W. Va. Feb. 6, 2002). Additionally, we deny Jones’ motions to proceed in forma pauperis, to amend the record, and for oral argument, which we dispense with because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
Deangelo Jarrod HUDSON v. STATE

CR-15-0873

Court of Criminal Appeals of Alabama.

October 14, 2016 Reh. denied November 10, 2016

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.