alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 99-51201 

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

APOLONIO PASTRANO, also

known as Polo,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. SA-99-CV-380

SA-93-CR-184-2

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

December 12, 2002

Before JOLLY, JONES, and CLEMENT, Circuit Judges.

PER CURIAM:*

Apolonio Pastrano, federal prisoner # 65249-080, is

appealing the district court’s denial of his 28 U.S.C. § 2255

motion challenging his conviction for conspiracy to possess with

intent to distribute marijuana. Relying on Apprendi v. New

Jersey, 530 U.S. 466 (2000), he argues that his conviction should

be set aside because the quantity of drugs upon which he was
No. 99-51201

-2-

sentenced was not alleged in the indictment and was not submitted

to the jury and proved beyond a reasonable doubt. 

In United States v. Brown, 305 F.3d 304, 305-09 (5th Cir.

2002), a 28 U.S.C. § 2255 case, the court determined that the new

rule of criminal procedure announced in Apprendi does not apply

retroactively on collateral review of initial 28 U.S.C. § 2255

motions. Therefore, Pastrano’s argument based on Apprendi fails. 

The district court’s denial of Pastrano’s 28 U.S.C. § 2255 motion

is AFFIRMED.

The Government’s motion for a summary affirmance is DENIED.
#### ANGEL M. DIAZ, PETITIONER-RESPONDENT, v. NEWARK INDUSTRIAL SPRAYING, INC., RESPONDENT-PETITIONER.

See same case below: 65 *N. J. Super.*249.

*Mr. Isidor Ealisch*for the petitioner.

*Mr. Joseph P. Dunn*and *Mr. Francis H. Pylcon*for the respondent.

April 17, 1961.

Granted.
EXHIBIT 11

                        COMPUTATION OF PER SHARE EARNINGS

<TABLE>
<CAPTION>
                                                                               THREE MONTHS ENDED
                                                                                    MARCH 31,
                                                                              ---------------------
                                                                                1998         1997
                                                                              --------     --------
                                                                              (IN THOUSANDS, EXCEPT
                                                                                 PER SHARE DATA)
<S><C>
Net income ..................................................................  $  65         $  75
                                                                                ----          ----
Average shares outstanding ..................................................    398           425
                                                                                ====          ====
Per share amount ............................................................  $0.16         $0.18
                                                                                ====          ====

Net income ..................................................................  $  65         $  75
                                                                                ----          ----
Average shares outstanding ..................................................    398           425
                                                                                ====          ====
Net effect of dilutive stock options based on the treasury stock method using
   the average market price or quarter end price, whichever is greater ......     --            --
                                                                                ----          ----
         Total shares outstanding ...........................................    398           425
                                                                                ====          ====
Per share amount ............................................................  $0.16         $0.18
                                                                                ====          ====
</TABLE>

                                       14
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1
<CURRENCY> US DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<EXCHANGE-RATE>                                      1
<CASH>                                         332,959
<SECURITIES>                                         0
<RECEIVABLES>                                5,664,699
<ALLOWANCES>                                   286,497
<INVENTORY>                                  3,853,041
<CURRENT-ASSETS>                            10,042,300
<PP&E>                                       1,084,453
<DEPRECIATION>                                 487,672
<TOTAL-ASSETS>                              15,220,800
<CURRENT-LIABILITIES>                        9,138,328
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         6,920
<OTHER-SE>                                   5,883,694
<TOTAL-LIABILITY-AND-EQUITY>                15,220,800
<SALES>                                     36,701,052
<TOTAL-REVENUES>                            36,701,052
<CGS>                                       25,524,097
<TOTAL-COSTS>                               12,143,603
<OTHER-EXPENSES>                           (1,203,273)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             589,650
<INCOME-PRETAX>                              (353,025)
<INCOME-TAX>                                     9,259
<INCOME-CONTINUING>                          (362,284)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (362,284)
<EPS-BASIC>                                     (0.06)
<EPS-DILUTED>                                   (0.06)


</TABLE>
#### MERIDIAN LIFE I. CO. v. DEAN.

(Decided April 17, 1913.)

Appeal from Conecuh Circuit Court.

Heard before Hon. A. E. Gamble.

J. T. Moll, Rushton, Williams & Crenshaw, and Rabb & Page, for appellant.

Hamilton & Crumpton, and D. M. Powell, for appellee.

Mayfield, J.

— Affirmed on the authority of *Meridian L. I. Co. v. Dean,*182 Ala. 127.

All the Justices concur.
FILED 7 Al_t '1513:491.JSDC-~P 

UNITED ST ATES DISTRICT COURT 

DISTRICT OF OREGON 

PORTLAND DIVISION 

UNITED STATES OF AMERICA 

3 '15 CR -2 91 - - (JO 3:15-CR-______ _ 

v. 

ROBERT ERIC HELLER, 

Defendant. 

THE UNITED ST ATES ATTORNEY ALLEGES: 

Count One 

(Failure to File Return and Pay Tax) 

(26 u.s.c. § 7203) 

INFORMATION 

26 u.s.c. § 7203 

From on or about September 30, 2009, through September 30, 2014, in the District or 

Oregon, defendant ROBERT ERIC HELLER, sole owner and operator of Heller Enterprises and 

sole owner and corporate officer of Heller Enterprises Tactical, Inc. (collectively "Heller"), an 

ammunition manufacturer, knew of his obligation to file returns and pay federal excise taxes on 

behalf of Heller but willfully failed to file returns and to pay such taxes in the amount of at least 

$287,500, all in violation of 26 U.S.C. § 7203. 

Dated this 7th day of August 2015. 

Respectfully submitted, 

Case 3:15-cr-00291-JO Document 1 Filed 08/07/15 Page 1 of 1
##### 



Exhibit 10.2



|                                            |  |                                                                                              
|------------------------------------------- |  | ---------------------------------------------------------------------------------------------
|Ernst & Young Audit
4 rue Auber
75009 PARIS |  | Deloitte Touche Tohmatsu
185, avenue Charles-de-Gaulle
B.P. 136
92203 NEUILLY-SUR-SEINE CEDEX



DASSAULT SYSTEMES

Société Anonyme

9, quai Marcel Dassault, BP 210
92156 SURESNES CEDEX



---

CONSENT OF INDEPENDENT AUDITORS





We consent to the incorporation by reference in the Registration Statement of
Dassault Systèmes SA on Form S-8 listed below of our report dated April 15,
2003, with respect to the consolidated financial statements of Dassault
Systèmes SA included in its Annual Report (Form 20-F) for the year ended
December 31, 2002, filed with the Securities and Exchange Commission on May 15,
2003:

|           |  |                                                                         
|---------- |  | ------------------------------------------------------------------------
|333-100030 |  | Dassault Systèmes 2002 Stock Option Plan                                
|333-13938  |  | Amendment to the Dassault Systèmes 1998 Stock Option Plan               
|333-8420   |  | Dassault Systèmes 1998 Stock Option Plan                                
|333-7322   |  | Solidworks Corporation 1994 Incentive and Nonqualified Stock Option Plan
|333-5174   |  | Amendment to the Dassault Systèmes 1996 Stock Option Plan               

Paris and Neuilly-sur-Seine, France, May 15, 2003





|                     |  |                         
|-------------------- |  | ------------------------
|Ernst & Young Audit  |  | Deloitte Touche Tohmatsu
|                     |  |                         
|                     |  |                         
|                     |  |                         
|Jean-Marc MONTSERRAT |  | Philippe MOURARET
Exhibit 31.2 ENTRADA NETWORKS, INC. CERTIFICATION PURSUANT TO RULE 13-A-14 OF THE SECURITIES ACT OF 1934 AS ADOPTED PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002  CERTIFICATION  I, Davinder Sethi, Ph. D., certify that:  1.  I have reviewed this quarterly report on Form 10-Q of Entrada Networks, Inc.;
 2.  Based on my knowledge, this quarterly 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 quarterly 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 period presented in this quarterly 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-14 and 15d-14) 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 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 the 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.
  Date:       December 15, 2003  /s/ Davinder Sethi Davinder Sethi, Ph. D. Chief Financial Officer
Fourth Court of Appeals

San Antonio, Texas

August 12, 2014

No. 04-14-00248-CV

IN THE INTEREST OF A.M.M. AND M.B.L., CHILDREN,

From the 288th Judicial District Court, Bexar County, Texas

Trial Court No. 2013-PA-01040

Honorable Charles E. Montemayor, Judge Presiding

O R D E R

Sitting: Sandee Bryan Marion, Justice

Marialyn Barnard, Justice

Rebeca C. Martinez, Justice

This is an accelerated appeal from the termination of appellant’s parental rights. On 

August 1, 2014, the State filed a “Rule 12 Motion to Show Authority, Strike Pleadings and 

Dismiss,” in which the State contends, for various reasons, that appellant has not expressed a 

desire to prosecute an appeal and, therefore, appellant’s appellate counsel does not have the 

authority to prosecute this appeal on his behalf. We DENY the State’s motion. 

Appellant’s brief was filed on July 7, 2014, and the State’s brief was originally due on 

July 28, 2014. On August 1, 2014, we granted the State an extension of time in which to file its 

brief, until August 27, 2014, and the State was informed that no further extensions of time would 

be considered. If the State’s brief is not filed by August 27, 2014, this appeal will be set for 

submission without benefit of an appellee’s brief.

_________________________________

Sandee Bryan Marion, Justice

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

court on this 12th day of August, 2014.

___________________________________

Keith E. Hottle

Clerk of Court
# L_2009148EN.01003301.xml

| 11.6.2009 | EN | Official Journal of the European Union | L 148/33 |
| --- | --- | --- | --- |

11.6.2009

EN

Official Journal of the European Union

L 148/33

---

COUNCIL JOINT ACTION 2009/445/CFSP

of 9 June 2009

amending Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo (1), EULEX KOSOVO

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 14 thereof,

Whereas:

| (1) | On 4 February 2008, the Council adopted Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (2). That Joint Action applies until 14 June 2010. |
| --- | --- |

(1)

On 4 February 2008, the Council adopted Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (2). That Joint Action applies until 14 June 2010.

| (2) | Joint Action 2008/124/CFSP provided a financial reference amount intended to cover the expenditure related to the Mission until 14 June 2009. The financial reference amount should be increased to cover the Mission’s expenditure until 14 June 2010. |
| --- | --- |

(2)

Joint Action 2008/124/CFSP provided a financial reference amount intended to cover the expenditure related to the Mission until 14 June 2009. The financial reference amount should be increased to cover the Mission’s expenditure until 14 June 2010.

| (3) | Joint Action 2008/124/CFSP should be amended accordingly, |
| --- | --- |

(3)

Joint Action 2008/124/CFSP should be amended accordingly,

HAS ADOPTED THIS JOINT ACTION:

Article 1

Joint Action 2008/124/CFSP is hereby amended as follows:

| 1. | Article 16(1) is replaced by the following:

  ‘1.   The financial reference amount intended to cover the expenditure of EULEX KOSOVO shall be EUR 265 000 000.’; |
| --- | --- |

1.

Article 16(1) is replaced by the following:

‘1.   The financial reference amount intended to cover the expenditure of EULEX KOSOVO shall be EUR 265 000 000.’;

| 2. | Article 20 is replaced by the following:

  ‘Article 20
  Entry into force and duration
  This Joint Action shall enter into force on the day of its adoption.
  It shall expire on 14 June 2010.’. |
| --- | --- |

2.

Article 20 is replaced by the following:

‘Article 20

Entry into force and duration

This Joint Action shall enter into force on the day of its adoption.

It shall expire on 14 June 2010.’.

Article 2

This Joint Action shall enter into force on the day of its adoption.

Article 3

This Joint Action shall be published in the Official Journal of the European Union.

Done at Luxembourg, 9 June 2009.

For the Council

The President

E. JANOTA

---

(1)  Under United Nations Security Council Resolution 1244 (1999).

1

(2)  
  OJ L 42, 16.2.2008, p. 92.

2

---
**Exhibit 23**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTINGFIRM**

We have issued our report dated August 15, 2005accompanying the consolidated financial statements included in the AnnualReport of Apogee Technology, Inc. and Subsidiary on Form 10-KSBfor the years ended December 31, 2004 and 2003. We consent to the use ofthe aforementioned report, which is incorporated by reference in theRegistration Statements of Apogee Technology, Inc. and Subsidiary on Form S-8(Nos. 333-106316, 333-90558 and 333-61486).

MILLER WACHMAN LLP

/s/ Miller Wachman LLP

Boston, MassachusettsDecember 23, 2005

----
#### MYERS v. MARTIN.

(Supreme Court, Appellate Term, First Department.

January 31, 1896.)

No opinion. Judgment reversed, and new trial ordered, with costs to appellant.
(9 App. Div. 311.)

#### ROSE v. CHADWICK et al.

(Supreme Court, Appellate Division, Fourth Department.

October 16, 1896.)

Corporations—Liability of Directors—Failure to File Annual Reports.

A creditor of a corporation may recover his debt of the directors on their failing to file annual reports, as required by Laws 1892, c. 688 (Stock Corporation Law) § 30, without prior recovery of judgment against the corporation, and return of execution unsatisfied.

Appeal from trial term.

Action by Simon B. Bose against George W. Chadwick and another. From a judgment' dismissing the complaint,' plaintiff appeals. Be-versed.

Argued before HABDDSÍ, P. J., and FOLLETT, ADAMS, WABD, and GEEEN, JJ.

T. H. Ferris, for appellant.

H. D. Pitcher, for respondents.

FOLLETT, J.

This action was brought by a creditor of the Chadwick Leather Company, a business corporation organized under the laws of this state, against the directors thereof, to recover his debt of them, on the ground that they had failed to file annual reports in January, 1894, and in January, 1895, as required by the thirtieth section of the stock corporation law. Two of the defendants answered, and admitted that the reports had not been filed, and alleged that the claim of the plaintiff had been fully paid. When the case was moved for trial, the complaint was dismissed, on the ground that it was not alleged therein that the plaintiff had recovered a judgment for the debt against the corporation, and an execution thereon had been returned unsatisfied. This was error. The recovery of a judgment and the *191return of an execution are not conditions precedent to the right *of*a creditor to recover from the directors of the corporation for failing to file reports. Miller v. White, 50 N. Y. 137-141; Rorke v. Thomas, 56 N. Y. 559-565; Green v. Easton, 74 Hun, 329, 26 N. Y. Supp. 553; Bank v. Andrews, 2 Misc. Rep. 394, 21 N. Y. Supp. 948; Strauss v. Trotter, 6 Misc. Rep. 77, 26 N. Y. Supp. 20.

Bank v. Dillingham, 147 N. Y. 603, 42 N. E. 338, arose under the twenty-fourth section of the stock corporation law, imposing a liability upon directors for creating an indebtedness not secured by mortgage in excess of the amount of its paid-up capital stock, and is not in point.

The judgment should be reversed, and a new trial ordered, with costs to abide the event. All concur.
U.S. Department of the Interior

U.S. Geological Survey

Sonic Tag Testing –Preliminary ResultsM.E. Andersen and K.D. HilwigGrand Canyon Monitoring and Research In cooperation with:Arizona Game and Fish DepartmentOctober 2, 2007
Presentation Overview

 2007 pilot project goals 2007 pilot project implementation Preliminary results
Water temperatures below Glen Cany
2007 species focus: channe

 Currently in Grand Canyon  Warm water expansion potential Current capture methods ineffective
Pilot project objectives

 Test sonic tag technology in Gran Evaluate three gear types for cap

channel catfish in Grand Canyon

 Investigate change detection cap

channel catfish
Methods

 Sonic tags tested at Lees Ferry D June ’07: RM 241.46 to 242.82 (do

Separation, upstream of Spencer 

 Implant 21-day sonic tags Deploy SURs (Submersible Ultras

Receivers); monitor detection

 Attempt detection with hydropho

60-day tag 
June ’07 reach segregation & d

SUR

SUR

Hydrophone
Results

 Lees Ferry (Dec. ’06) tag detectio

 SUR: >160 m Boat-mounted hydrophone: > 500 m
Results

 Below Separation (June ’07)

 SUR: no tags detected, 1 unit damag Boat-mounted hydrophone: 16 track

 15-50% of 60 tags located per day 3 days >50% 53 of 60 tagged fish located at least onc No mortality recorded Located at 70-90 m Tracking was best on descending limb o
Channel catfish June ’07 detec

locations
Discussion

 SURs work well in clear water con

poor performance in high turbidit

 Boat-mounted hydrophones perfo

in clear and turbid conditions

 Hydrophones allow for correlatio

individual capture with habitat

 Test in additional habitats, condit
June 2007 capture near Spence

Last captured Dec. 10, 1991 by A
Exhibit 32.2 Certification by the Chief Financial Officer pursuant to 18 U.S.C. 1350
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002  In connection with the Annual Report of Entheos Technologies, Inc. (the Company) on the Form 10-KSB for the period ending December 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Harmel S. Rayat, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss.906 of the Sarbanes-Oxley Act of 2002, that:  (i) the Report filed by the Company fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and (ii) The information contained in that Report fairly presents, in all material respects, the financial condition and results of operations of the Company on the dates and for the periods presented therein.  ENTHEOS TECHNOLOGIES, INC.Date:  March 28, 2008By:/s/ Harmel S. RayatHarmel S. Rayat
Chief Financial Officer   This certification accompanies this Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended. 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 the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.