alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 12-40051

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

FRANCISCO MORALES MARTINEZ, also known as Jose Luis Gonzalez

Vargas,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 5:11-CR-1104-1

Before WIENER, ELROD, and GRAVES, Circuit Judges.

PER CURIAM:*

Defendant-Appellant Francisco MoralesMartinez was convicted, by guilty

plea, of illegal reentry by a deported alien and was sentenced to 41 months of

imprisonment and three years of supervised release. On appeal, Morales

Martinez challenges the district court’s decision to impose a term of supervised

release in light of the recent amendments to U.S.S.G. § 5D1.1(c). He contends

that his sentence is unreasonable because the district court did not explain why

United States Court of Appeals

Fifth Circuit

F I L E D

January 2, 2013

Lyle W. Cayce

Clerk

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.

 Case: 12-40051 Document: 00512098732 Page: 1 Date Filed: 01/02/2013
No. 12-40051

it decided to impose a term of supervised release, did not give notice of its intent

to depart from the applicable guidelines range by imposing a term of supervised

release, and did not properly account for § 5D1.1(c)’s recommendation that no

supervised release term be imposed. 

Because Morales Martinez failed to present these claims to the district

court, we review them for plain error only. See United States v.

Mondragon-Santiago, 564 F.3d 357, 361 (5th Cir. 2009); see also United States

v. Dominguez-Alvarado, 695 F.3d 324, 327-28 (5th Cir. 2012). To establish plain

error, a party must show a forfeited error that is clear or obvious and that affects

the objector’s substantial rights. Puckett v. United States, 556 U.S. 129, 135

(2009). If the objecting party makes such a showing, we have the discretion to

correct the error, but we will do so only if the error seriously affects the fairness,

integrity, or public reputation of judicial proceedings. See id.

We conclude that Morales Martinez has not met this standard. As the

three-year term of supervised release imposed by the district court was within

the applicable statutory and guidelines range, the terms of supervised release

assessed was not a departure. See Dominguez-Alvarado, 695 F.3d at 329.

During Morales Martinez’s multi-defendant sentencing hearing, counsel for

another defendant noted that the amended guideline recommended that the

court not impose a term of supervised release, to which the district court

responded that it was nevertheless including a term of supervised release. 

When addressing Morales Martinez’s sentence, the district court specifically

noted his criminal history and the need for deterrence. In light of these

remarks, Morales Martinez has not met the plain error standard with respect

to his term of supervised release. See id.

AFFIRMED.

2

 Case: 12-40051 Document: 00512098732 Page: 2 Date Filed: 01/02/2013
#### COMMONWEALTH v. NORTH PENNA. R. CO.

APPEALS BY PLAINTIFF AND DEFENDANT FROM THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY.

Argued June 6, 1889 —

Decided October 7, 1889.

Commonwealth v. Lehigh V. R. Co., ante, 429, followed.

Before Sterrett, Clark, Williams, McCollum ' and Mitchell, JJ.

Nos. 39, 47 May Term 1889, Sup. Ct.; court below, No. 509 September Term 1887, C. P.

On April 13, 1887, upon report made, the auditor general and state treasurer stated and entered a settlement of account for taxes against the North Pennsylvania Railroad Co., of three mills upon the nominal value of scrip, bonds, and certificates of indebtedness, owned by residents of Pennsylvania, per § 4, act of June 30, 1885, P. L. 193, for the year ending first Monday November, 1886. From this settlement the defendant company appealed. The cause was submitted to the decision of the court, without a jury, under the provisions of the act of April 22, 1874, P. L. 109. The specifications of objection to the settlement, the decision of the court below, Simonton, P. J., the exceptions thereto filed by the plaintiff and defendant, the opinion of the court below disposing of the exceptions, and the final judgment, raised essentially the same questions raised in Commonwealth v. Lehigh Y. R. Co., ante, 429.

Judgment having been entered in favor of the commonwealth for the tax on $5,547,500, for ten twelfths of a year, with attorney general’s commissions and interest, total, $17,317.45, the defendant company took the appeal to No. 39, and the commonwealth took the appeal to No. 47, the assignments of error filed raising essentially the same questions with those filed in the case referred to.

*Mr. Wm. B. Lamberton*(with him *Mr. Greorge B. Kaercher'),*for the North Penna. R. Co

*461
      *Mr. William S.*Kirkpatrick, Attorney General, and *Mr, John F.*Sanderson, Deputy Attorney General, for the commonwealth.

commonwealth's appeal.

Opinion,

Me. Justice Clark :

For the reasons given in our opinion filed in the Commonwealth’s Appeal in case of Commonwealth v. Lehigh Valley Railroad Co., argued at this term and not yet reported [ante, 445], this case is reversed and judgment is now entered in favor of the Commonwealth of .Pennsylvania for the sum of tw.enty-three thousand, two hundred and forty-four dollars, with interest according to law, and costs.

Tax at 3 mills, . .... $16,642.50.

Penalty 10 per cent, ’..... 1,664.25.

Atty. General’s commissions, . . . 832.12.

Interest at 12 per cent,..... 4,105.20.

$23,244.00.

NORTH. PENNA. R. CO.’S APPEAL.

Opinion,

Me. Justice Clark :

For reasons given in Lehigh V. R. Co.’s Appeal in the case of Commonwealth v. Lehigh V. R. Co., argued at this term and not yet reported, [ante, 454,]

The judgment is affirmed..
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

CRISTIAN DAVID CARMONA QUINONEZ
, Appellant,

v.

STATE OF FLORIDA
, Appellee.

No. 4D2024

- 0983

[ August 8, 2024 ]

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County ; Bernard Isaac Bober

, Judge; L.T. Case No. 18

- 008209CF10A

.

Cristian David Carmona Quinonez, Punta Gorda, pro se.

No appearance required for appellee.

P ER C URIAM

.

Affirmed

.

G ROSS

, M AY and C IKLIN
, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
#### Clower *v.*Georgia Railway and Electric Company.

February 10, 1915.

Action for damages. Before Judge Ellis. Fulton superior court. Januaiy 17, 1914.

*Westmoreland Brothers,*for plaintiff.

*Colquitt & Conyers,*for defendant.

Atkinson, J.

1. As applied to the pleadings and evidence, when considered in connection with the entire charge, there was no error in any of the excerpts from the charge complained of, requiring the grant of a new trial.

2. The verdict was supported by the evidence.

*Judgment affirmed.*

*All the Justices concur, except Fish, C. J., absent.*
<PAGE>

                                                                      EXHIBIT 23

               CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS

We consent to the incorporation by reference in (i) the Registration Statement
(Form S-8 No. 33-73550) pertaining to the 1993 Equity Incentive Plan of
Wolverine Tube, Inc.; (ii) the Registration Statement (Form S-8 No. 33-73490)
pertaining to the 1993 Stock Option Plan for Outside Directors of Wolverine
Tube, Inc.; (iii) the Registration Statement (Form S-8 No. 33-87687) pertaining
to the Savings Plan of Wolverine Tube, Inc.; (iv) the Registration Statement
(Form S-8 No. 333-67958) pertaining to the 1993 Equity Incentive Plan of
Wolverine Tube, Inc.; (v) the Registration Statement (Form S-8 No. 333-67968)
pertaining to the 1993 Stock Option Plan for Outside Directors of Wolverine
Tube, Inc.; (vi) the Registration Statement (Form S-8 No. 333-67972) pertaining
to the 2001 Stock Option Plan for Outside Directors of Wolverine Tube, Inc.; and
(vii) the Registration Statement (Form S-8 No. 333-108003) pertaining to the
2003 Equity Incentive Plan of Wolverine Tube, Inc. of our report dated February
26, 2004 with respect to the consolidated financial statements and schedule of
Wolverine Tube, Inc., included in the Annual Report (Form 10-K) for the year
ended December 31, 2003.

                                                           /s/ Ernst & Young LLP

March 12, 2004

Birmingham, Alabama
Case: 1:03-cv-06472 Document #: 48 Filed: 11/22/04 Page 1 of 1 PageID #:383
# Fourth Court of Appeals

**San Antonio, Texas**

MEMORANDUM OPINION

No. 04

- 15

- 00772

- CV

IN RE R. Wayne JOHNSON

Original Mandamus Proceeding 1

PER CURIAM

Sitting: Karen Angelini, Justice

Patricia O. Alvarez, Justice

Luz Elena D. Chapa, Justice

Delivered and Filed: December 23, 2015

PETITION FOR WRIT OF MANDAMUS DENIED

On December 7, 2015

, relator R. Wayne Johnson filed a pro se petition for writ of

mandamus complaining of an order of dismissal signed in the underlying civil proceeding on

October 11, 2011

. The court has considered relator’s petition for writ of mandamus and is of the

opinion that relator is not entitled to the relief sought. Accordingly, the petition for writ of

mandamus is denied. See T EX

. R. A PP

. P . 52.8(a).

PER CURIAM

1 This proceeding arises out of Cause No. 12,810, styled R. Wayne Johnson v. Elroy Garcia and James Allison , in the

2 16th Judicial District Court, Gillespie County, Texas, the Honorable N. Keith Williams presiding.
<PAGE>
 
                                                                   EXHIBIT 23.1
 
              CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS
 
  We consent to the incorporation by reference in the Registration Statement
(Form S-8 No. 333-532) pertaining to the 1995 Stock Option Plan, Employee
Stock Purchase Plan, and Options Under Written Compensation Agreements of Red
Brick Systems, Inc., of our report dated January 14, 1997, with respect to the
consolidated financial statements and schedule of Red Brick Systems, Inc.,
included in the Annual Report (Form 10-K) for the year ended December 31,
1996.
 
                                          Ernst & Young LLP
 
San Jose, California
March 14, 1997
<PAGE>
                                                                               .
                                                                               .
                                                                               .

EXHIBIT 11

The following table sets forth the computation of basic and diluted earnings
per share:

<TABLE>
<CAPTION>
                                                          (Expressed in
                                                          U.S. Currency)
                                                        Three months ended
                                                            March 31,
                                                    -------------------------
                                                        2006          2005
                                                    -----------   -----------
<S>                                                 <C>           <C>
Numerator:
Net Income (loss)                                   $  (480,834)  $   398,714
Dividends on Series A preferred stock                      (936)         (763)
                                                    -----------   -----------
Numerator for basic and diluted loss per
   share loss available to common shareholders      $  (481,770)  $   397,951
                                                    -----------   -----------
Denominator:
Denominator for basic loss per share-
   weighted average shares outstanding               13,722,074    13,811,849
Effect of dilutive securities                                --       375,000
Warrants                                                     --       304,132
                                                    -----------   -----------
Dilutive potential common shares denominator
   for diluted earnings (loss) per share adjusted
   weighter-average shares and assumed conversion    13,722,074    14,490,981
                                                    -----------   -----------
Basic income (loss) per share                       $     (0.04)  $      0.03
                                                    -----------   -----------
Diluted income (loss) per share                     $     (0.04)  $      0.03
                                                    -----------   -----------
</TABLE>
IN THE SUPREME COURT OF THE STATE OF MONTANA DA 22-0346 MATHEW RYAN AILER,

Petitioner and Appellant, v. STATE OF MONTANA,

Respondent and Appellee. 

### OCT 1 7 2022 Bowen Greenwood Clerk of Supreme Court State of Montana ORDER

Pursuant to Appellant Matthew Ryan Ailer's motion for extension to oftime to file his opening briefand good cause appearing, IT IS HEREBY ORDEREDthat Appellant has until November 18, 2022, to file his opening brief. DATED this ? day ofOctober, 2022. For the Court,
747")1 hiefJustice 10/17/2022

Case Number: DA 22-0346
Ninth Amendment to 1997 Incentive Plan



 Exhibit 10.16 
 NINTH AMENDMENT TO 
 BJ SERVICES COMPANY 1997 INCENTIVE PLAN 
 WHEREAS, BJ Services Company (the “Company”) has heretofore adopted the BJ Services Company 1997 Incentive Plan (the “Plan”);

 WHEREAS, the Plan has heretofore been amended by eight separate amendments adopted on January 28, 1999; July 22,
1999; December 9, 1999; March 22, 2001 (two amendments); October 15, 2001; July 28, 2005; December 7, 2006; and 
 WHEREAS, the Company desires to amend the Plan in certain additional respects; 
 NOW THEREFORE, the Plan
shall be amended as follows, effective as of October 13, 2008: 
  

	 	1.	Paragraph 3(c)(ii) of Article II and paragraph 3(c)(ii) of Article III shall be amended to read as follows: 

 “through tendering to the Company shares of Common Stock already owned by the person (provided that the Company may, upon confirming that the person
owns the number of share being tendered, issue a new certificate for the number of shares being acquired pursuant to the exercise of the option less the number of shares being tendered upon the exercise and return to the person (or not require
surrender of) the certificate for the shares being tendered upon exercise),”
II

105TH CONGRESS

1ST SESSION S. 1430

To suspend from January 1, 1998, until December 31, 2002, the duty

on SE2SI Spray Granulated (HOE S 4291).

IN THE SENATE OF THE UNITED STATES

NOVEMBER 7, 1997

Mr. HELMS introduced the following bill; which was read twice and referred

to the Committee on Finance

A BILL

To suspend from January 1, 1998, until December 31, 2002,

the duty on SE2SI Spray Granulated (HOE S 4291).

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SUSPENSION OF DUTY ON SE2SI SPRAY

4 GRANULATED (HOE S 4291).

5 Subchapter II of chapter 99 of the Harmonized Tar6 iff Schedule of the United States is amended by inserting

7 in numerical sequence the following new subheading:

‘‘ 9902.39.80 SE2SI Spray Granulated

(HOE S 4291) provided for

in subheading 3907.99 .......... Free No change No change On or before

12/31/2002 ’’.
2

•S 1430 IS

1 SEC. 2. EFFECTIVE DATE.

2 The amendment made by section 1 applies with re3 spect to goods entered, or withdrawn from warehouse for

4 consumption, on or after January 1, 1998.

Æ
U.S. flagAn official website of the United States government
                    Here's how you know **Official websites use .gov**
                            
                            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
                            
                            A **lock** (                            
                              A locked padlock                                                      
                            
                            ) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.


Menu Agricultural Research Service
						
                    U.S. DEPARTMENT OF AGRICULTURE
 Water Management Research: Parlier, CA
 close



    Research

                    Research Projects
                                    Publications
                                    Collaborations
                                    News
                People

                    Staff Listing
                                    Careers


        


                    Research Units
                        San Joaquin Valley Agricultural Sciences Center
                                    Commodity Protection and Quality Research
                                    Crop Diseases, Pests and Genetics Research
                                    National Arid Land Plant Genetic RepositorySearch small
                    Search
            
            ARS Home
                                About ARS
                                Contact Us




ARS Home Pacific West Area Parlier, California San Joaquin Valley Agricultural Sciences Center Water Management Research People & Locations







Helen  Heng
                        Water Management Research

                        




                        
                        Biological Science Technician
                        Phone: (559) 596-2865
                        
                        
                        Fax: (Employee information on this page comes from the REE Directory. Please contact your front office staff to update the REE Directory.)


Return to top


Connect with ARS Sign up


ARS Home
                            USDA.gov
                            Plain Writing
                            Policies & Links
                            Civil Rights Statements
                            FOIA
                            Accessibility Statement
                            Privacy Policy
                            Non-Discrimination Statement
                            Quality of Information
                            USA.gov
                            WhiteHouse.gov
Case: 1:03-cr-01049 Document #: 57 Filed: 04/26/06 Page 1 of 19 PageID #:181
Case: 1:03-cr-01049 Document #: 57 Filed: 04/26/06 Page 2 of 19 PageID #:182
Case: 1:03-cr-01049 Document #: 57 Filed: 04/26/06 Page 3 of 19 PageID #:183
Case: 1:03-cr-01049 Document #: 57 Filed: 04/26/06 Page 4 of 19 PageID #:184
Case: 1:03-cr-01049 Document #: 57 Filed: 04/26/06 Page 5 of 19 PageID #:185
Case: 1:03-cr-01049 Document #: 57 Filed: 04/26/06 Page 6 of 19 PageID #:186
Case: 1:03-cr-01049 Document #: 57 Filed: 04/26/06 Page 7 of 19 PageID #:187
Case: 1:03-cr-01049 Document #: 57 Filed: 04/26/06 Page 8 of 19 PageID #:188
Case: 1:03-cr-01049 Document #: 57 Filed: 04/26/06 Page 9 of 19 PageID #:189
Case: 1:03-cr-01049 Document #: 57 Filed: 04/26/06 Page 10 of 19 PageID #:190
Case: 1:03-cr-01049 Document #: 57 Filed: 04/26/06 Page 11 of 19 PageID #:191
Case: 1:03-cr-01049 Document #: 57 Filed: 04/26/06 Page 12 of 19 PageID #:192
Case: 1:03-cr-01049 Document #: 57 Filed: 04/26/06 Page 13 of 19 PageID #:193
Case: 1:03-cr-01049 Document #: 57 Filed: 04/26/06 Page 14 of 19 PageID #:194
Case: 1:03-cr-01049 Document #: 57 Filed: 04/26/06 Page 15 of 19 PageID #:195
Case: 1:03-cr-01049 Document #: 57 Filed: 04/26/06 Page 16 of 19 PageID #:196
Case: 1:03-cr-01049 Document #: 57 Filed: 04/26/06 Page 17 of 19 PageID #:197
Case: 1:03-cr-01049 Document #: 57 Filed: 04/26/06 Page 18 of 19 PageID #:198
Case: 1:03-cr-01049 Document #: 57 Filed: 04/26/06 Page 19 of 19 PageID #:199
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 21 - 0643 STATE OF MONTANA,

Plaintiff and Appellee, v. JENNIFER RENEE SKAW,

Defendant and Appellant.

**ORDER** Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including December 7, 2022, within which to prepare, file, and serve Appellant’s opening brief on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

October 27 2022

10/27/2022

Case Number: DA 21-0643
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 Annual  Report of CNH Holdings  Company on Form
10-KSB for the period  ending March 31, 2005, as filed with the  Securities  and
Exchange  Commission  on the date  hereof  (the  "Report"),  I, Derek P.  Downs,
President  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 and belief:

         (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/    Derek P. Downs
Derek P. Downs
President and Director
(Principal Executive Officer)


June 24, 2005


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
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.
<PAGE>

                                                                      EXHIBIT 23


                        CONSENT OF ARTHUR ANDERSEN LLP



     As independent public accountants, we hereby consent to the incorporation
by reference in this Form 10-K of First Commonwealth, Inc., of our report,
dated February 12, 1997, on the consolidated financial statements of First
Commonwealth, Inc. and Subsidiaries (the "Company") included in the Company's
1996 Annual Report to Stockholders, and to the incorporation of our report,
dated February 12, 1997, on the financial statement schedule of the Company, and
included in this Form 10-K, into the Company's previously filed S-3 Registration
Statement, File No. 333-18379, and S-8 Registration Statement, File No.
333-00474.



ARTHUR ANDERSEN  LLP


Chicago, Illinois,
March 31, 1997