alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Fourth Court of Appeals

San Antonio, Texas

September 25, 2019

No. 04-19-00568-CV

John Brad OSBURN,

Appellant

v.

Scott BAKER,

Appellee

From the 451st Judicial District Court, Kendall County, Texas

Trial Court No. 18-144

Honorable Kirsten Cohoon, Judge Presiding

O R D E R

On September 18, 2019, after the trial court reporter filed a notification of late record, 

this court ordered appellant to provide written proof that appellant has requested a reporter’s 

record and that either (1) the reporter’s fee has been paid or arrangements have been made to pay 

the reporter’s fee; or (2) appellant is entitled to appeal without paying the reporter’s fee. 

Appellant responded on September 23, 2019, and asserted that this case is on appeal from a 

motion for summary judgment and that no reporter’s record was created at the summary 

judgment hearing. Appellant further responded that he did not request a reporter’s record. On 

September 13, 2019, the trial court clerk filed the clerk’s record. In light of the foregoing, we 

ORDER that appellant’s brief is due no later than thirty days from the date of this order.

_________________________________

Rebeca C. Martinez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 25th day of September, 2019.

___________________________________

Luz Estrada,

Chief Deputy Clerk
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1616 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 1616

To amend the Controlled Substances Act to provide an increased penalty 
  for endangering the life of a child while illegally manufacturing a 
                         controlled substance.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 13, 2005

  Mr. McHenry (for himself, Mr. Graves, Mr. Kennedy of Minnesota, Mr. 
  Souder, Mr. Burton of Indiana, Mr. Walden of Oregon, Ms. Foxx, Miss 
  McMorris, and Mr. Boozman) introduced the following bill; which was 
  referred to the Committee on the Judiciary, and in addition to the 
   Committee on Energy and Commerce, 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 provide an increased penalty 
  for endangering the life of a child while illegally manufacturing a 
                         controlled substance.

    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 ``Protecting Children from Drugs Act 
of 2005''.

SEC. 2. INCREASED PENALTY FOR ENDANGERING THE LIFE OF A CHILD WHILE 
              ILLEGALLY MANUFACTURING A CONTROLLED SUBSTANCE.

    Section 417 of the Controlled Substances Act (21 U.S.C. 858) is 
amended by adding at the end the following: ``If the human life is that 
of an individual who is under the age of 18 years, the maximum term of 
imprisonment for an offense under this section is 20 years. The 
presence of an individual under the age of 18 years at the place of 
manufacture or transport is prima facie evidence that such individual's 
life was endangered by the manufacture or transport.''.
                                 <all>
```
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 20-7898

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

ANTONIO LAMAR COOPER,

Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. 

George Jarrod Hazel, District Judge. (8:14-cr-00083-GJH-1)

Submitted: March 31, 2021 Decided: April 14, 2021

Before WILKINSON, AGEE, and HARRIS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Antonio Lamar Cooper, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Antonio Lamar Cooper appeals the district court’s order denying his motion for 

compassionate release under 18 U.S.C. § 3582(c)(1)(A). Upon review of the record, we 

conclude that the district court did not abuse its discretion in denying the motion. See 

United States v. Kibble, ___ F.3d ___, ___, No. 20-7009, 2021 WL 1216543, at *2 (4th 

Cir. Apr. 1, 2021) (stating standard of review). Accordingly, we deny Cooper’s motion to 

vacate the district court’s order and we affirm for the reasons stated by the district court. 

United States v. Cooper, No. 8:14-cr-00083-GJH-1 (D. Md. Nov. 30, 2020). We dispense 

with oral argument because the facts and legal contentions are adequately presented in the 

materials before this court and argument would not aid the decisional process.

AFFIRMED
# Third District Court of Appeal

State of Florida

Opinion filed September 20, 2023

. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23

- 1613

Lower Tribunal No. F 20

- 11164

________________



### Robert L. Caleb

, Petitioner,

vs.



### James Reyes, etc., et al.

, Respondent s

.

A Case of Original Jurisdiction

– Habeas Corpus

.

Robert L. Caleb

, in proper person

.

Ashley Moody, Attorney General , for respondent The State of Florida

.

Before EMAS, MILLER and BOK OR , JJ.

PER CURIAM.

Denied.
Not F or P ubl ication in West's Fe deral Reporter



# U nit edStates C ou rt o f App eal s

For t h e Firs t C ircu it

No. 10-1747 UNITED STATES OF AMERICA, Appellee,
v . PATRICK McKEEN, Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE [Hon. Joseph A. DiClerico, Jr., U.S. District Judge]

Before Torruella, Selya and Lipez, Circuit Judges.
Mark E. Howard and Howard & Ruoff, PLLC on brief for appellant. Seth R. Aframe, Assistant United States Attorney, and Michael J. Gunnison, Attorney (acting under authority conferred by 28 U.S.C. § 515), on brief for appellee.
May 11, 2011-2- Per Curiam. This is a single-issue sentenc i n g appeal. Viewing the record as a whole, we conclude that the district court could supportably find — as it did — that the prosecutor's decision not to move for an additional reduction in the defendant's offense level for timely acceptance of responsibility, see USSG §3E1.1(b), was neither irrational nor motivated by an unconstitutional reason. The decision w a s , therefore, within the prosecutor's wide discretion, see, e.g., United States v. Beatty, 538 F.3d 8, 15 (1st Cir. 2008), and th e d i s t r i ct court did not err in refusing to compel the prosecutor to make such a motion.

We need go no further. On this basis, we summarily affirm the defendant's sentence. See 1st Cir. R. 27.0(c).

Affirmed.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 95-7877
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus PASCUAL RUIZ, Defendant - Appellant.
Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. John T. Copenhaver, Jr., District Judge. (CR-93-108; CA-95-357-2) Submitted: April 4, 1996 Decided: May 20, 1996 Before NIEMEYER and WILLIAMS, Circuit Judges, and BUTZNER, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Pascual Ruiz, Appellant Pro Se. Rebecca A. Betts, 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: Appellant appeals from the district court's order denying his 28 U.S.C. § 2255 (1988) motion. We have reviewed the record and the district court's opinion accepting the recommendation of the magistrate judge and find no reversible error. Accordingly, we affirm on the reasoning of the district court. United States v. Ruiz , Nos. CR-93-108; CA-95-357-2 (S.D.W. Va. Sept. 22, 1995). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
### File d 5 /1 6 /1 9 b y Cle r k o f S u p r e m e Co u r t IN THE S UPREME COURT S TATE OF NORTH DAKOTA

2019 ND 120
Spencer Kerry

Curtiss, Petitioner and Appellant

v. State of North Dakota, Respondent and Appellee

No. 20180392
Appeal f rom the District C ourt of Burleigh C ou n t y , S o uth Central Ju dicial District, the Honorable David E. Reich, Judge.
AFFIRMED. Per Curiam

. Spencer K. Curtiss, self

-represented, Bism arck, N D, petitioner and appellant; subm itted on brief

. Tessa M. Vaagen, Assistant State’s Attorney , Bism arck, ND, f or respondent and appellee; subm i tted on brief

.Curtiss v. State No. 20180392

Per Curiam . [ ¶1] Spencer Curtiss a p p e a l s f rom an order deny ing his application f or postconviction relief and an order deny i ng h is m otions f or reconsideration and t o correct his sentence. On appeal, Curtiss argues the district court erred in g ranting s um m ary disposition because there w as newly discovered evidence, he r eceived ine f f e ctive assistance of counsel in prior post-conviction relief proceedings, a nd there were conf licts of i nterest with h is attorney s throughout h is crim inal and post-conviction relief proceed i n gs. He also argues the court erred by d eny ing his m otions f or reconsideration and to correct an illegal sentence

. W e summ arily af f irm under N.D.R.App.P. 35.1(a)(4), (6), and (7). S ee Carlson v. State , 2 0 18 ND 81, ¶ 7, 908 N.W .2d 711 (dism issal is appropriate when the alleged newly discovered ev i d e n ce does not satisf

y the e xcepti on under N .D.C.C. § 29-32.1-01(3)(a)(1) because the evidence i s n o t new and w ould not establish the petitioner did not e ngage in the crim inal conduct f

or which he was convicted). [ ¶2] Gerald W . VandeW alle, C.J. Jon J. Jensen Lisa Fair McEvers Daniel J. Crothers Jerod E. Tuf

te

1
Exhibit 31.1  I, David Rogers, certify that:  1 I have reviewed this annual report on Form 10-KSB of International Industrial Enterprises;  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 registrant as of, and for, the periods presented in this report;  4. The registrants other certifying officer 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 registrant 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 registrant, 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 registrant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 registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and  5 The registrants other certifying officer 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 registrant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 registrant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 registrants internal control over financial reporting.  April 29, 2008     /s/ David Rogers David Rogers Chief Executive Officer Chief Financial Officer
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-END>                               SEP-30-1998
<CASH>                                             208
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                167731
<PP&E>                                        17764139
<DEPRECIATION>                                   24755
<TOTAL-ASSETS>                                17967500
<CURRENT-LIABILITIES>                          7639888
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                    2325000
<COMMON>                                      54331687
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                  17967500
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                   303065
<OTHER-EXPENSES>                                 48853
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               48853
<INCOME-PRETAX>                               (351918)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (351918)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (351918)
<EPS-PRIMARY>                                    (.01)
<EPS-DILUTED>                                    (.01)
        

</TABLE>
# L_2018238EN.01008801.xml

| 21.9.2018 | EN | Official Journal of the European Union | L 238/88 |
| --- | --- | --- | --- |

21.9.2018

EN

Official Journal of the European Union

L 238/88

---

COUNCIL DECISION (EU) 2018/1271

of 18 September 2018

appointing a member, proposed by the Federal Republic of Germany, of the Committee of the Regions

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,

Having regard to the proposal of the German Government,

Whereas:

| (1) | On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020. |
| --- | --- |

(1)

On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.

| (2) | A member's seat on the Committee of the Regions has become vacant following the end of the term of office of Dr Beate MERK, |
| --- | --- |

(2)

A member's seat on the Committee of the Regions has become vacant following the end of the term of office of Dr Beate MERK,

HAS ADOPTED THIS DECISION:

Article 1

The following is hereby appointed as a member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:

| — | Mr Georg EISENREICH, Staatsminister (Freistaat Bayern). |
| --- | --- |

—

Mr Georg EISENREICH, Staatsminister (Freistaat Bayern).

Article 2

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 18 September 2018.

For the Council

The President

G. BLÜMEL

---

(1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

1

(2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

2

(3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).

3

---
First Amendment to 2007 Stock Option and Incentive Plan



 Exhibit 10.34(b) 
 FIRST AMENDMENT TO THE BLADELOGIC, INC. 
 2007 STOCK OPTION AND INCENTIVE PLAN 
 THIS FIRST AMENDMENT is made on this 21st of July 2008, by BMC Software, Inc., a corporation duly organized and existing under the laws
of the State of Delaware (hereinafter called the “Company”). 
 WITNESSETH: 
 WHEREAS, the Company maintains the BladeLogic, Inc. 2007 Stock Option and Incentive Plan (the “Plan”); and 
 WHEREAS, the Company desires to amend the Plan as set forth below. 
 NOW, THEREFORE, effective as of April 18, 2008, the Plan is hereby amended as follows: 
  

	 	 1.
	 Each reference to “Company” shall refer to “BMC Software, Inc.” 


  

	 	 2.
	 Each reference to “Deferred Stock Award” or “Deferred Stock Awards” shall be deleted and replaced to read “Restricted Stock Unit”
and “Restricted Stock Units,” respectively. 


  

	 	 3.
	 Each reference to “Stock” shall refer to the Common Stock, par value $0.01 per share, of the Company, subject to adjustment under Section 3 of the
Plan. 


  

	 	 4.
	 The reference to “666,375 shares” in Section 12(d) of the Plan shall be deleted and replaced to read “602,742 shares.”



  

	 	 5.
	 Section 3(a) of the Plan is hereby amended to read in its entirety as follows: 


 “(a) Stock Issuable. The maximum number of shares of Stock reserved and available for issuance under the Plan following
April 18, 2008 shall be 1,058,805 shares, subject to adjustment as provided in Section 3(b). For purposes of this limitation, the shares of Stock underlying any Awards that are forfeited, canceled, held back upon exercise of an Option or
settlement of an Award to cover the exercise price or tax withholding, reacquired by the Company prior to vesting, satisfied without the issuance of Stock or otherwise terminated (other than by exercise) shall be added back to the shares of Stock
available for issuance under the Plan. Subject to such overall limitations, shares of Stock may be issued up to such maximum 

  

 1 








 
number pursuant to any type or types of Award; provided, however, that Stock Options or Stock Appreciation Rights with respect to no more than 602,742 shares
of Stock may be granted to any one individual grantee during any one calendar year period and the number of shares that may be issued in the form of Incentive Stock Options shall not exceed 1,058,805, subject in all cases to adjustment as provided
in Section 3(b). The shares available for issuance under the Plan may be authorized but unissued shares of Stock or shares of Stock reacquired by the Company.” 
 Except as specifically amended hereby, the Plan shall remain in full force and effect as prior to this First Amendment. 
 IN WITNESS WHEREOF, the Company has caused this First Amendment to be executed on the date first written above. 
  

			
	 BMC SOFTWARE, INC.

		
	 By:
	 	 /s/ MICHAEL A. VESCUSO

	 Michael A. Vescuso

	 Senior Vice President, Administration



  

 2
EXHIBIT 32.1



CERTIFICATION OF CHIEF EXECUTIVE OFFICER OF ACR GROUP, INC. 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 ACR Group, Inc. (the Company) on Form 10-Q for the quarter ending
August 31, 2003, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Alex Trevino, Jr., the Chief Executive Officer of the Company, certify, to my knowledge 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 result of operations of the Company.



/s/    Alex Trevino, Jr.Alex Trevino, Jr. Chief Executive Officer October 15, 2003




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 ACR Group, Inc. and will be retained by ACR Group, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.



This certification accompanies the Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to
the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.
| 1.   | I have reviewed the Report; |
|----------------|-----------------------------|

| 2.   | based on my knowledge, the 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 the Report; and |
|----------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 3.   | based on my knowledge, the financial statements, and other financial information included in the 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 the Report. |
|----------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

----