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National News Release        January 23, 2015        Culprit Identified in Decline of Endangered Missouri River Pallid Sturgeon

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CRESCENT MATERIALS SERVICES, INC. v. Jan QUATROY, Personally and as Executrix for the Succession of Cyril Quatroy

NO. 2018-CC-0772

Supreme Court of Louisiana.

September 21, 2018

Denied.
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### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 13

- 50059 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v.
JOHNNY ASHLEY HOPPER , Defendant

- Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 5:08

- CR

- 65

- 3

Before REAVLEY, JONES, and PRADO, Circuit Judges. PER CURIAM: * Johnny Ashley Hopper appeals from the revocation of his term of probation and the imposition of a five year term of imprisonment. He contends that the district court failed to offer adequate reasons for imposing the five year term and that the sentence wa s substantively unreasonable. We review both contentions for plain error. See United States v. Kippers , 685 F.3d 491, 497 (5th Cir. 2012).

* 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 R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR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. United States Court of Appeals Fifth Circuit 

### FILED December 13, 2013 Lyle W. Cayce Clerk Case: 13-50059 Document: 00512470397 Page: 1 Date Filed: 12/13/2013No. 13

- 50059

The district court’s explanation for the five year sentence addressed Hopper’s history and characteristics, the ne ed to deter future crimes, and the need to avoid unwarranted sentencing disparities. See 18 U.S.C. § 3553(a)(1), (a)(2)(B), (a)(6). Moreover, the record indicates that the district court listened to and considered Hopper’s argument before imposing sente nce. See Rita v. United States, 551 U.S. 338, 356 (2007). The district court adequately explained the reasons for the sentence. See Kippers, 685 F.3d at 498. Hopper’s reasonableness contention is in part predicated on the district court’s alleged failu re to address the § 3553 (a) sentencing factors. Because those factors were addressed, Hopper’s contention is unavailing. Hopper’s argument otherwise seeks to have this court reweigh the § 3553(a) factors, something this court will not do. See United States v. McElwee , 646 F.3d 328,
343

- 44 (5th Cir. 2011)
AFFIRMED.

2 Case: 13-50059 Document: 00512470397 Page: 2 Date Filed: 12/13/2013
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Featured Films and Shorts        April 11, 2023        USGS Native Bee Inventory and Monitoring Lab at Eastern Ecological Science Center
exv10w10



 





Exhibit 10.10




QUICKSILVER GAS SERVICES LP

PHANTOM UNIT AWARD AGREEMENT




     Director:
______________________________




     Number of Phantom Units: 
_______________




     Date of Grant:
__________________________




     1. Under the terms and conditions of the Quicksilver Gas Services LP 2007 Equity
Plan (the “Plan”), a copy of which is attached hereto and incorporated herein by reference,
Quicksilver Gas Services LP, a Delaware limited partnership (the “Partnership”), grants to the
Participant named above the number of Phantom Units set forth above. Terms not defined in this
Agreement have the meanings set forth in the Plan.



     2. One-third (1/3rd) of the Phantom Units will become vested on the first
business day coinciding with or following each of the first three anniversaries of the Date of
Grant (the “Vesting Dates”), provided that the Participant has remained an employee of the Company
or its Affiliates through each such Vesting Date (and further provided that in no event will the
Participant become entitled to settlement of a fraction of a Unit).



     3. Notwithstanding the Vesting Dates described above, in the event of a Change in
Control while the Participant is employed by the Company or an Affiliate or in the event that the
Participant terminates employment with the Company or its Affiliates by reason of disability (as
determined by the Committee in good faith) or death, the nonvested Phantom Units will immediately
become 100% vested. If the Participant terminates employment with the Company and its Affiliates
for any reason other than such disability or death, any nonvested Phantom Units will be forfeited
immediately.



     4. Each vested Phantom Unit will entitle the Participant to receive a lump sum cash
payment equal to the Market Value per Unit determined as of the date the Phantom Units become
vested. Payment will be made as soon as practicable following the date the Phantom Units become
vested, but in no event later than 10 days after such date. In no event will payment be made later
than March 15 of the calendar year following the calendar year in which the Phantom Units become
vested.



     5. The Participant will have none of the rights of a unitholder of the Partnership
with respect to any Units underlying the Phantom Units, including the right to vote such Units or
receive any distributions that may be paid thereon. Furthermore, nothing herein will confer upon
the Participant any right to remain in the employ of the Company or an Affiliate.



     6. The Participant hereby accepts and agrees to be bound by all the terms and
conditions of the Plan and this Agreement. Any amendment to the Plan will be deemed to be an
amendment to this Agreement to the extent that the Plan amendment is applicable hereto; provided,
however, that no amendment will adversely affect the rights of the Participant under this Agreement
without the Participant’s consent.



ACCEPTED:
 




	 	 	 
	 
	 	 
	 	 	 
	Signature of Participant
STATE EX REL. Pollis HERNANDEZ v. STATE of Louisiana

No. 2017-KH-0208

Supreme Court of Louisiana.

September 14, 2018

**ON SUPERVISORY WRITS TO THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON**

PER CURIAM:

Denied. The application was not timely filed in the district court, and relator fails to carry his burden to show that an exception applies. La.C.Cr.P. art. 930.8 ; *see* *State ex rel. Glover v. State* , 93-2330, pp. 9-11 (La. 9/5/95), 660 So.2d 1189, 1195-96 (distinguishing habeas corpus from post-conviction relief and endorsing La.C.Cr.P. art. 351 and its cmt. (c), which states that "habeas corpus is not the proper procedural device for petitioners who may file applications for post conviction relief;" rather, it "deals with pre-conviction complaints concerning custody.").

Relator has now fully litigated his application for post-conviction relief in state court. Similar to federal habeas relief, *see* 28 U.S.C. § 2244, Louisiana post-conviction procedure envisions the filing of a successive application only under the narrow circumstances provided in La.C.Cr.P. art. 930.4 and within the limitations period as set out in La.C.Cr.P. art. 930.8. Notably, the Legislature in 2013 La. Acts 251 amended that article to make the procedural bars against successive filings mandatory. Relator's claims have now been fully litigated in accord with La.C.Cr.P. art. 930.6, and this denial is final. Hereafter, unless he can show that one of the narrow exceptions authorizing the filing of a successive application applies, relator has exhausted his right to state collateral review. The district court is ordered to record *466a minute entry consistent with this per curiam.
**Exhibit 32**

 

MATINEE MEDIA CORPORATION

 

CERTIFICATION OF CORPORATE OFFICERS

(Furnished Pursuant to 18 U.S.C. Section 1350, as Adopted 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 Matinee Media Corporation (the “Company”), does hereby certify, to such officer’s knowledge, that:

 

The Company’s Amendment No. 2 to Annual Report on Form 10-KSB/A for the year ended December 31, 2007 (the “Report”) fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended, and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of, and for, the periods presented in the Report.

 

September 19, 2008

 
| /s/  ROBERT W. WALKER                  |   |
|----------------------------------------|--------|
| Robert  W. Walker,                     |   |
| President  and Chief Executive Officer |   |

 

 
| /s/  KEVIN W. MISCHNICK                     |   |
|---------------------------------------------|--------|
| Kevin  W. Mischnick,                        |   |
| Vice  President and Chief Financial Officer |   |

 

 

Theforgoing certification is being furnished as an exhibit to the Report pursuantto Item 601(b)(32) of Regulation S-K and Section 906 of the Sarbanes-OxleyAct of 2002 (subsections (a) and (b) of Section 1350, Chapter 63of Title 18, United States Code) and, accordingly, is not being filed as partof the Report for purposes of Section 18 of the Securities Exchange Act of1934, as amended, and is not incorporated by reference into any filing of theCompany, whether made before or after the date hereof, regardless of anygeneral incorporation language in such filing.

 

----
Melvin BRYANT, Jr., Appellant, v. STATE of Florida, Appellee.

No. 4D18-842

District Court of Appeal of Florida, Fourth District.

[July 26, 2018]

**DECISION WITHOUT PUBLISHED OPINION**

*Affirmed.*
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-2001
<PERIOD-END>                               SEP-30-2000
<CASH>                                          843500
<SECURITIES>                                         0
<RECEIVABLES>                                    28514
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                872014
<PP&E>                                          101124
<DEPRECIATION>                                   67478
<TOTAL-ASSETS>                                 1040616
<CURRENT-LIABILITIES>                           239853
<BONDS>                                          99845
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                          8800
<OTHER-SE>                                      692118
<TOTAL-LIABILITY-AND-EQUITY>                   1040616
<SALES>                                              0
<TOTAL-REVENUES>                                708157
<CGS>                                                0
<TOTAL-COSTS>                                   304571
<OTHER-EXPENSES>                                  4668
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 398918
<INCOME-TAX>                                    133900
<INCOME-CONTINUING>                             265018
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    265018
<EPS-BASIC>                                        .03
<EPS-DILUTED>                                      .03
PCA and EPA - IS IS - cement meeting

Emission Intensities and Controls January 20, 2010 1:00pm Call in # 919 - 541 - 4154 EPA Elineth Torres Ravi Srivastava Keith Barnett Tom Walton Samudra - contractor with EPA Mike Laney- contractor with EPA Jim Staudt

– contra ctor with EPA PCA Ty Wilson Ed Sullivan Dan _________ - Contractor with PCA Stu Sessions

– Contractor with PCA D Roark - GCC Agenda Discussion based on PCA comments

–Appendices 11 and 12

- We are not going to cover comments on benefit a naly sis - but comme nts are being l ooked by the Benefit people

- IS IS will be the model to be used for the promulgation of the NESHAP and for benefit anal ys es together with some air quality analy sis o Projections have been updated - units and demand

- EPA will be scheduling a call f or Jan 27 at 3:00pm for discussion on import modeling

- EPA to receive comments from PCA on running ISI S o Per Stu Sessions and Ty Wilson

– Environomics j ust finished evaluati on of model, PCA reviewing the comments. E PA should expect to receive PCA comments b y the end of Jan 2010

- EPA to received data to update AVC functions per PCA comment

–Appendix 13 page 15 o Ty and Ed - are in the process of finalizing a statement with aggregate data from PCA’s Benchmarking Survey- data will be CBI- EPA to receive recommend ation on which transportation cost reference to use in I SI S

– Appendix 13 page 38

o Stu - will get with Ed ’s team and will get back to EPA with recommendation

- Appendix 11 page 5 - Emission Intensities (ton pollutant/on clinker) o PCA to revise emission intensities for NOx (by kiln ty pe and perhaps state) and SO2 (by kiln type and state). EPA to provide tables of emission intensities

–input spreadsheet o Can PCA provide b aseline SO2 emissions - data derived from PCA's Labor Energy S urvey

- Appendix 11 page 7 - SO 2 removal performanceo Is the report that specifies SO2 removal performance from PCA’s consultant available for EPA review?  Bob? /Dan? / Cristal?

– from vendors information o Can we get real performance (emissions) and control e fficiency for the 5 kilns with wet scrubbers?  Years of scrubbers being installed?

- Appendix 12 page 3 o EPA needs background materials that back - up control performance assumptions used by PCA
Exhibit 13.2
 CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED
PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT
   /s/ Daniel Lima de OliveiraDate: May 22, 2009
    
    Daniel Lima de OliveiraChairman and Chief Executive Officer
 A signed original of this written statement required by Section 906 has been provided to the
Company and will be retained by the Company and furnished to the Securities and Exchange Commission
or its staff upon request.




---



##### 



CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED
PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT
   /s/ Servio Tulio da Rosa TinocoDate: May 22, 2009
    
    Servio Tulio da Rosa TinocoChief Financial Officer
 A signed original of this written statement required by Section 906 has been provided to the
Company and will be retained by the Company and furnished to the Securities and Exchange Commission
or its staff upon request.
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LEXINGTON NATIONAL INSURANCE COMPANY v. STATE of Louisiana

NO. 2018-CC-1095

Supreme Court of Louisiana.

October 15, 2018

*1298Not considered. Not timely filed. See Supreme Court Rule X, § 5.
Jeremy James HURD, Appellant, v. STATE of Florida, Appellee.

No. 1D17-3775

District Court of Appeal of Florida, First District.

September 28, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.