alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-7479

KARLOS S. DAVIS, Petitioner - Appellant, versus MARK HENRY, Warden; FEDERAL BUREAU OF PRISONS, Respondents - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. Marvin J. Garbis, District Judge. (CA-98- 1642-MJG) Submitted: March 23, 1999 Decided: July 9, 1999 Before ERVIN, WILKINS, and NIEMEYER, Circuit Judges. Affirmed by unpublished per curiam opinion. Karlos S. Davis, Appellant Pro Se. Lynne Ann Battaglia, United States Attorney, George Levi Russell, III, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Karlos S. Davis appeals from a district court order denying relief on his 28 U.S.C. § 2241 (1994) petition. In his petition, Davis asserted that the Bureau of Prisons (BOP) erred in finding him ineligible for a sentence reduction under 18 U.S.C.A. § 3621(e)(2) (West Supp. 1998). The BOP found Davis did not qualify for the reduction because his offense was considered “violent”under its interpretation of § 3621(e)(2). The district court initially granted Davis’ petition and ordered the BOP to reconsiderhis eligibility for sentence reduction. It then granted the Government’s motion to alter or amend its judgment under Fed. R. Civ. P. 59(e) based upon our intervening decision in Pelissero v. Thompson , 155 F.3d 470 (4th Cir. 1998), withdrawn and reh’g granted , 1998 WL 971397 (4th Cir. Nov. 27, 1998) (No. 97-6156), on rehearing , ___ F.3d ___, 1999 WL 133112 (4th Cir. Mar 12, 1999) (Nos. 97-6156, 97-6221). See Collison v. International Chem. Workers Union, Local 217 , 34 F.3d 233, 236 (4th Cir. 1994). Our review of the record discloses that the district court committed no reversible error. Accordingly, we affirm the district court’s denial of Davis’ petition. 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
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 eLinear, Inc. (the "Company") on Form
10-KQSB/A for the  year ended December 31, 2003 as filed with the Securities and
Exchange  Commission  on  the  date hereof (the "Report"), I, Kevan Casey, Chief
Executive  Officer  and  Principal  Accounting  Officer of the Company, certify,
pursuant  to  18  U.S.C. section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley  Act  of  2002,  that  to  the  best  of  my  knowledge:

(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/  Kevan  Casey
--------------------------
Kevan  Casey,
Chief  Executive  Officer  and
Principal  Accounting  Officer

February  24,  2004

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


<PAGE>
#### CANDA v. TOTTEN.

(Supreme Court, General Term, Second Department.

December 27, 1895.)

Action by Lizzie J. Canda against John Totten.

No opinion. Motion to resettle order of reversal granted. See 33 N. Y. Supp. 962.
#### UNITED STATES of America, Plaintiff-Appellee v. Jaime Arturo ARGUETA-LOPEZ, also known as Jaime Arturo Argueta-Rodas, Defendant-Appellant.

No. 11-10056

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Oct. 13, 2011.

Nancy E. Larson, Assistant U.S. Attorney, U.S. Attorney’s Office, Fort Worth, TX, for Plaintiff-Appellee.

Kevin Joel Page, Federal Public Defender’s Office, Dallas, TX, William Ernest Hermesmeyer, Assistant Federal Public Defender, Federal Public Defender’s Office, Fort Worth, TX, for Defendant>-Appellant.

*774Before DAVIS, BENAVIDES, and CLEMENT, Circuit Judges.

PER CURIAM: *

Jaime Arturo Argueta-Lopez (Argueta) appeals from the 96-month sentence imposed by the district court following his conviction for illegal reentry; the sentence was the result of an upward variance from the applicable guidelines range of 46-57 months of imprisonment.

In reviewing the sentence imposed for reasonableness, this court must first determine whether the district court committed any procedural errors, including, inter alia, “failing to adequately explain the chosen sentence-including an explanation for any deviation from the Guidelines range.” *Gall v. United States,*552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). If the district court’s decision is procedurally sound, this court will “consider the substantive reasonableness of the sentence imposed under an abuse-of-discretion standard.” *Id.*

Even if Argueta sufficiently preserved his objection to the district court’s explanation for imposing the sentence at issue, we find that the district court, by citing Argueta’s extensive criminal history and recidivist tendencies, adequately explained its bases for the variance. *See Id.*at 50, 128 S.Ct. 586. Although Argueta argues that the sentence imposed was substantively unreasonable because the district court over-emphasized his criminal history and failed to recognize his cultural ties to the United States, the district court explained that it had fully considered the § 3553(a) factors, including the need to promote respect for the law and to deter Argueta from future criminal conduct, and this court “must give due deference to the district court’s decision that the § 3553(a) factors, on a whole, justify the extent of the variance.” *Id.*at 51, 128 S.Ct. 586. That this court “might reasonably have concluded that a different sentence was appropriate is insufficient to justify reversal of the district court.” *Id.*

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.
OFFICIAL NOTICE FROM COURT OF CRIMINAL APPEALS OF TEXA

P.O. BOX 12308, CAPITOL STATION, AUSTIN, TEXAS 78711

A I m

7/2/2015 ffgf \a'^Z> t\ COA Case No. 

HILL, ORLANDA GEORGE Tr. Ct. No. 17,261 

On this day, this Court has granted the Appellant's Pro Se motion 

of time in which to file the Petition for Discretionary Review. Th

petition has been extended to Friday, September 11, 2015. 

EXTENSIONS WILL BE ENTERTAINED. NOTE: Petition F

Review must be filed with The Court of Criminal Appeals.

A

12TH COURT OF APPEALS CLERK

CATHY LUSK

1517 W. FRONT, ROOM 354

TYLER, TX 75701

* DELIVERED VIA E-MAIL *
EXHIBIT
32.1





PERICOM
SEMICONDUCTOR CORPORATION





CERTIFICATION
OF CHIEF EXECUTIVE OFFICER




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




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




In
connection with this annual report of Pericom Semiconductor Corporation (the
“Company”) on Form 10-K for the twelve months ended July 3, 2010 (the “Report”),
I, Alex C. Hui, Chief Executive Officer of the Company, hereby certify as of the
date hereof, solely for purposes of Title 18, Chapter 63, Section 1350 of the
United States Code, that to the best of my knowledge:




(1) the
Report fully complies with the requirements of Section 13(a) or 15(d), as
applicable, 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 at the dates
and for the periods indicated.




August
31, 2010




By:
                  /s/ Alex C. HuiAlex
      C. HuiChief
      Executive OfficerPericom
      Semiconductor Corporation
# Official Journal C 28A/8 Fe

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 28A |
| | |
| English edition | Information and Notices | Volume 508 February 2007 |

ISSN 1725-2423

Official Journal

of the European Union

C 28A

English edition

Information and Notices

Volume 508 February 2007

---

| Notice No | Contents | page |
| --- | --- | --- |
| | V   Announcements |
| | ADMINISTRATIVE PROCEDURES |
| | European Medicines Agency |
| 2007/C 028A/01 | Recruitment for the European Medicines Agency (London) | 1 |

Notice No

Contents

page

V   Announcements

ADMINISTRATIVE PROCEDURES

European Medicines Agency

2007/C 028A/01

Recruitment for the European Medicines Agency (London)

1

---

| EN | |
| --- | --- |

EN
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Brooke  McIntyre
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                                                (Clicking on the reprint icon
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                                                    will take you to the publication reprint.)Evaluating recent shifts in long-term trajectories of burrowing shrimp in two US west coast estuaries

- (Abstract Only)Landscape-scale assessment of nekton production in channel-fringing habitats provided by eelgrass and oyster aquaculture

- (Abstract Only)Monitoring recent shifts in burrowing shrimp populations in coastal estuaries: are they new phenomena and should a shellfish grower be concerned?

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<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Consolidated Financial Statements of First Commonwealth, Inc. as of March 31,
1996, and for the three months then ended, and is qualified in its entirety by
reference to such financial statements.</LEGEND>

<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                         DEC-31-1996
<PERIOD-START>                            JAN-01-1996
<PERIOD-END>                              MAR-31-1996
<CASH>                                         10,551
<SECURITIES>                                    2,141
<RECEIVABLES>                                   2,840
<ALLOWANCES>                                      224
<INVENTORY>                                         0
<CURRENT-ASSETS>                               18,100
<PP&E>                                          2,540
<DEPRECIATION>                                  1,201
<TOTAL-ASSETS>                                 20,458
<CURRENT-LIABILITIES>                           7,957
<BONDS>                                             0
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<COMMON>                                            3
<OTHER-SE>                                     12,373
<TOTAL-LIABILITY-AND-EQUITY>                   20,458
<SALES>                                             0
<TOTAL-REVENUES>                                9,773
<CGS>                                               0
<TOTAL-COSTS>                                   8,793
<OTHER-EXPENSES>                                    0
<LOSS-PROVISION>                                   27
<INTEREST-EXPENSE>                                  0
<INCOME-PRETAX>                                 1,115
<INCOME-TAX>                                      446
<INCOME-CONTINUING>                               669
<DISCONTINUED>                                      0
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                      669
<EPS-PRIMARY>                                    0.20
<EPS-DILUTED>                                    0.19



</TABLE>
#### Robert K. Monette et al., Respondents, v Christina L. Trummer et al., Appellants, et al., Defendants.

(Appeal No. 1.)

[946 NYS2d 529]

Appeal from an order of the Supreme Court, Cattaraugus County (Michael L. Nenno, A.J.), entered December 13, 2010 in a personal injury action. The order granted that part of the motion of plaintiffs for partial summary judgment on the issue of serious injury.

It is hereby ordered that said appeal is unanimously dismissed without costs, *(see Matter of Eric D.*[appeal No. 1], 162 AD2d 1051 [1990]). Present — Smith, J.P., Carni, Lindley and Sconiers, JJ.
EXHIBIT 10.26


                               AMENDMENT TO CREDIT
                                    AGREEMENT

         THIS  AGREEMENT,  dated as of May 18, 1998,  by and among Hagler Bailly
Consulting, Inc., a Delaware corporation ("Consulting"), Hagler Bailly Services,
Inc.,  a Delaware  corporation  ("Services"),  and State  Street  Bank and Trust
Company (the "Bank").  Consulting and Services are sometimes  herein referred to
collectively as the "Borrowers" and each individually as a "Borrower".

                                   WITNESSETH:

         WHEREAS,  the Borrowers and the Bank are parties to that certain Credit
Agreement dated as of September 30, 1997 (the "Credit Agreement"); and

     WHEREAS,  -the  parties  wish to amend the Credit  Agreement  in the manner
hereinafter set forth;

         NOW, THEREFORE, the parties hereto hereby agree as follows:

         1. Definitions.  Capitalized terms used herein without definition which
are defined in the Credit Agreement shall have the respective  meanings ascribed
to them in the Credit Agreement.

     2. Amendments to Credit  Agreement.  The Credit Agreement is hereby amended
as follows:

                  2.1  Subsection  7.4 of the  Credit  Agreement  is  amended by
deleting the figure "320 % " appearing  therein and by inserting in lieu thereof
the figure "250 % ".

                  2.2  Exhibit  B to the  Credit  Agreement  (being  the form of
Compliance  Certificate)  is amended by deleting the figure "320%"  appearing in
item 6(d) thereof and by inserting in lieu thereof the figure "250%".

                  2.3 It is the  intention  of the  parties  that the  foregoing
amendments shall be effective for the twelve-month  periods ending June 30, 1998
and on the last day of each fiscal quarter of the Borrowers thereafter.

         3.       Miscellaneous.

     3.1 As  modified  hereby,  the  provisions  of the Credit  Agreement  shall
continue in full force and effect.
                  3.2  This   Agreement   may  be  executed  in  any  number  of
counterparts and by the different parties hereto on separate counterparts,  each
of which when so executed and  delivered  shall be an  original,  but all of the
counterparts shall together constitute one and the same instrument.

         IN WITNESS WHEREOF,  the parties hereto have executed this Agreement as
a sealed instrument as of the date first above written.

                         HAGLER BAILLY CONSULTING, INC.

                             By /s/ Daniel M. Rouse
                    Vice President, Chief Financial Officer,
                         Treasurer and Secretary (Title)

                          HAGLER BAILLY SERVICES, INC.

                            By /s/ Alain M. Streicher
                           Chief Executive Officer and
                            Managing Director (Title)

                           STATE STREET BANK AND TRUST
                                     COMPANY

                             By /s/ F. Andrew Beise
                             Vice President (Title)
----

(2004/C 84 E/0648)

WRITTEN QUESTION P-0305/04

by Cristiana Muscardini (UEN) to the Commission

(2 February 2004)

Subject:   Request for PDO for ‘Sant Andrea Piemonte rice’

On 27 May 2003 the Italian Ministry for Agricultural Policy submitted to the Commission, pursuant to Article 5 of Council Regulation (EEC) No 2081/92 (1), a request for registration of ‘Sant Andrea Piemonte’ rice as a PDO. By letter of 22 July I asked the Directorate-General for Agriculture for information on the progress of this application. On 14 August I received a reply from the director informing me that the application was being carefully considered by the Commission and that, if the request included all the particulars required under Community law, the Commission would, as provided for in Article 6 of the EEC regulation, publish an initial notice in the EU Official Journal.

Given that six months have elapsed since the request was submitted, i.e. the period within which, under Article 6(1), the Commission must verify whether the registration application includes all the particulars provided for in Article 4, and that no notification has been received by those directly concerned or by the Italian Ministry for Agricultural Policy from the relevant services:

The Commission:

Answer given by Mr Fischler on behalf of the Commission

(26 February 2004)

We do not dispute the facts of the situation as described by the Honourable Member.

The time taken to process applications for registration lodged with us under Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs has been increasing in recent months. Although twice as many registrations were made in 2003 as in 2002, the number of applications being processed at any one time has also been rising.

The assessment of applications involves internal consultations following one on another. Translations have to be made and the legal and technical aspects are complex. It is not suitable work for ‘stagiaires’.

We are aware that the amount of time taken to process applications annoys applicants and are considering what can be done to speed things up in future.

The registration application for Sant' Andrea Piemonte was received by the Agriculture Directorate-General on 27 May last year. Given the complexity of the questions that have to be dealt with when an application is assessed, it cannot reasonably be considered that the processing time in this case is already excessive.

DG AGRI is in ongoing contact with the Ministry for Agricultural and Forestry Policies in Italy, the Commission's official interlocutor on these matters. The reasons why applications at present take such a long time to be processed are not unknown to the Ministry. The rules allocate responsibilities between the Commission and Member States in such a way that the Commission is not empowered to enter into direct contact with the group making the application or any other person with a direct interest.

----

(1)OJ L 208, 24.7.1992, p. 1.

----
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