alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
953 S.W .2d 234 (Tex. Crim. App. 1997). 1 

## IN THE COU RT O F CR IM IN AL AP PE ALS

OF TE XAS N O . P D - 0861- 07 JASO N EA R L W O O LE Y , A ppe l l ant

v . THE S TA TE OF TE X AS ON APP ELLANT ’ S PET I TI ON FOR DI S CRETI ON ARY REVI EW FROM THE FOURTEENTH CO URT O F AP PEALS

HA RRI S CO UNTY M E YE RS , J. , f

i l e d a c onc ur r i ng o pi ni on. CONCURR I NG OP I NI ON T he fa ctual - s uffi ci encyr evi ew s t andar d has been c ont i nuous l ycr i t i ci zed f orbei ng v ir tu a lly in d is tin g u is h a b le f ro m th e le g a l- s u f

f ic ie n c ys ta n d a rd o f

re v ie w . See M

ars hal lv. S ta te , 2 1 0 S .W .3 d 6 1 8 , 6 2 5 (T e x . C rim . A p p . 2 0 0 6 ). N o w , the m a jo rityu n n e c e ss a rily m uddl es the w at er s even mor e byappl y i ng the M a lik rul e t o fac tual s uffi ci ency . I agr ee 1 w ith th e sta tem e n t in Ju d g e H e d g e s’ c o n c u rrin g o p in io n th a t, “T h e re a so n in g inWooley Concurrence - 2

W oo le yv . S tate , 223 S.W .3d 732, 740 (Tex. App.–Houston [14 Dist.] 2007). 2 th Ma lik –thatthe i s s ue i n l egal s uffi ci encyr evi ew i s w hetherthe evi dence es t abl i s hes the es s ent i al el ement s of the off ens e bey ond a r eas onabl e doubt–i s a poorfi ti n fac tual s uffi ci encyanal y s i s . . . . ” A l though w e have neverexpl i ci t l ys t at ed thatthe M a lik ru le 2 ap p li ed o n lyto leg al su ff ici en cy , itsee m s o b v iou s tha t a hyp o theticall yco rrect j u ry c h a rg e h a s n o p lac e in a f a c tu a l-su f

f icie n c yre v iew . W h e n p e rf o rm in g a f

a c tu a lsu f f icie n c ya n a ly sis , the re v iew in g c o u rt h a s a lre a d yd e ter m in e d th a t th e e v id e n c e is l egal l ys uffi ci entas compar ed t o a hypothet i cal l ycorr ectj urychar ge, s o ther e i s no need to ex am ine th e e lem en ts of the ju rych arg e a g ain. T h e re v iew ing co u rt ’s so le co n ce rn w hen per form i ng a fa ctual - s uffi ci encyr evi ew s houl d be w hether , w hen w ei ghi ng al l of the evi dence , the evi dence s uppor t i ng the ver di cti s s o w eak a s t o r enderthe ver di ct cl ear l yw r ong orm ani fes t l yunj us t , orw hether , cons i der i ng confl i ct i ng evi dence , the ju ry’s v e rd ic t is a g a in s t th e g re a t w e ig h t a n d p re p o n d e ra n c e o f th e e v id e n c e . W

at s on v. S ta te , 2 0 4 S .W .3 d 4 0 4 , 4 1 5 (T e x . C ri m . A p p . 2 0 0 6 ). A l though I di s agr ee w i th adj us t i ng the fa ctual - s uffi ci encyr evi ew s t andar d once a g a in , I d o a g re e th a t, af tere x a m in in g a ll o f

th e e v id e n c e p re se n ted a t trial a n d v iew e d in a n e u tr a l lig h t, th e e v id e n c e w a s f a c tu a lly su f

f ic ie n t to s u p p o rtA p p e lla n t’ s c o n v ic tio n . T her efor e, I concurw i th the maj or i ty ’ s j udgm ent , butnoti t s r eas oni ng. M ey ers , J. Fi l ed: J une 25, 2008 P ub l i sh
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                            5688
<SECURITIES>                                      9172
<RECEIVABLES>                                     6558
<ALLOWANCES>                                         0
<INVENTORY>                                       2835
<CURRENT-ASSETS>                                 24972
<PP&E>                                            2797
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                   28766
<CURRENT-LIABILITIES>                             8606
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         25478
<OTHER-SE>                                      (5318)
<TOTAL-LIABILITY-AND-EQUITY>                     28766
<SALES>                                           7435
<TOTAL-REVENUES>                                  7435
<CGS>                                             1972
<TOTAL-COSTS>                                     7744
<OTHER-EXPENSES>                                 (174)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 (2107)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             (2107)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (2107)
<EPS-BASIC>                                      (.31)
<EPS-DILUTED>                                    (.31)


</TABLE>
#### Margarita Rivera, Respondent, v Katte Anilesh, D.D.S., et al., Defendants, and Indu Anilesh, D.D.S., Appellant.

Submitted March 12, 2007;

decided March 22, 2007

Motion by New York State Dental Association et al. for leave to appear amici curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed. Two copies of the brief may be served and 24 copies filed within seven days.
# C_2021197EN.01000201.xml

| 26.5.2021 | EN | Official Journal of the European Union | C 197/2 |
| --- | --- | --- | --- |

26.5.2021

EN

Official Journal of the European Union

C 197/2

---

Non-opposition to a notified concentration

(Case M.10265 — Hisense Group/Sanden)

(Text with EEA relevance)

(2021/C 197/02)

On 19 May 2021, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32021M10265. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32021M10265. EUR-Lex is the online access to European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

---
I 

114TH CONGRESS 

1ST SESSION H. R. 2133 

To amend title 10, United States Code, to provide additional training opportunities under the Transition Assistance Program to members of the Armed 

Forces who are being separated from active duty. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 30, 2015 

Mr. FLORES (for himself, Mr. TAKANO, Mr. SIRES, Mr. COSTELLO of Pennsylvania, Mr. WENSTRUP, and Mr. CARTER of Texas) introduced the following bill; which was referred to the Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to provide additional 

training opportunities under the Transition Assistance 

Program to members of the Armed Forces who are being 

separated from active duty. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Servicemembers’ 

5 Choice in Transition Act’’. 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•HR 2133 IH

1 SEC. 2. AVAILABILITY OF ADDITIONAL TRAINING OPPOR2 TUNITIES UNDER TRANSITION ASSISTANCE 

3 PROGRAM. 

4 Section 1144 of title 10, United States Code, is 

5 amended by adding at the end the following new sub6 section: 

7 ‘‘(f) ADDITIONAL TRAINING OPPORTUNITIES.—(1) 

8 Beginning not later than 180 days after the date of the 

9 enactment of this subsection, as part of the program car10 ried out under this section, the Secretary of Defense and 

11 the Secretary of Homeland Security shall permit a mem12 ber of the armed forces eligible for assistance under the 

13 program to elect to receive additional training in any of 

14 the following subjects: 

15 ‘‘(A) Preparation for higher education or train16 ing. 

17 ‘‘(B) Preparation for career or technical train18 ing. 

19 ‘‘(C) Preparation for entrepreneurship. 

20 ‘‘(D) Other training options determined by the 

21 Secretary of Defense and the Secretary of Homeland 

22 Security. 

23 ‘‘(2) The Secretary of Defense and the Secretary of 

24 Homeland Security shall ensure that a member of the 

25 armed forces who elects to receive additional training in 


emcdonald on DSK67QTVN1PROD with BILLS
3 

•HR 2133 IH

1 subjects available under paragraph (1) is able to receive 

2 the training.’’. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS
#### SCIOLINA, Respondent, v. ERIE PRESERVING CO., Appellant.

(Supreme Court, Appellate Division, Fourth Department.

October 16, 1896.)

Action by Antonio Sciolina against the Erie Preserving Company.

No opinion. Motion denied, without costs. See 39 N. Y. Supp. 916.
HOMESTAKE TUNNEL INFLOW TO TURQUOISE RES (NO LAG OR LOSS)Latitude: 39.281Longitude: -106.432Elevation: None

Homestake Tunnel inflow to Turquoise Res (no lag or loss)

Courtesy NRCS - Go to Chapman Tunnel Site Page...



Chapman Tunnel

Courtesy NRCS - Go to Brumley Site Page...



Brumley

Courtesy NRCS - Go to Ivanhoe Site Page...



Ivanhoe

Courtesy NRCS - Go to Kiln Site Page...



Kiln

Courtesy NRCS - Go to Nast Lake Site Page...



Nast Lake
FORT SUMNER MAIN CANAL NEAR FORT SUMNER, NMLatitude: 34.508Longitude: -104.278Elevation: 4046

FORT SUMNER MAIN CANAL NEAR FORT SUMNER, NM

Courtesy NRCS - Go to Wesner Springs Site Page...



Wesner Springs

Courtesy NRCS - Go to Elk Cabin Site Page...



Elk Cabin

Courtesy NRCS - Go to Santa Fe Site Page...



Santa Fe
#### MULLIGAN v. CANNON.

(Supreme Court, Appellate Division, First Department.

January 14, 1896.)

No opinion. Judgment affirmed, with costs.
Case 3:16-mj-00004 Document 13 Filed 01/27/16 Page 1 of 1
<PAGE>


                                                                   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 Asta Funding, Inc. (the
"Company") on Form 10-Q for the quarter ended December 31, 2004, filed with the
Securities and Exchange Commission (the "Report"), I, Gary Stern, Chief
Executive 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:

     (1) The Report fully complies with the requirements of Section 13(a) of the
         Securities Exchange Act of 1934; and

     (2) The information contained in the Report fairly presents, in all
         material respects, the consolidated financial condition of the Company
         as of the dates presented and the consolidated result of operations of
         the Company for the periods presented.

Dated: February 9, 2005


                                             /s/ Gary Stern
                                             -------------------
                                             Gary Stern
                                             Chief Executive Officer

The foregoing certification is being furnished solely 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) and is not being filed as part of the Form
10-Q or as a separate disclosure document.

A signed original of this written statement required by Section 906 has been
provided to Asta Funding, Inc. and will be retained by Asta Funding, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 32.1
 
 
 CERTIFICATION PURSUANT TO
 SECTION 906 OF
 THE SARBANES-OXLEY ACT OF 2002
 
 In connection with the Quarterly Report of Blount International, Inc. (the " Company ") on Form 10-Q for the period ending September 30, 2004 as filed with the Securities and Exchange Commission on the date hereof (the " Report "), I, James S. Osterman, Chief Executive 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 such officers knowledge:
  (i)  The Report 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 the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of the dates and for the periods expressed in the report.
 
 A signed original of this written statement required by Section 906 has been provided to Blount International, Inc. and will be retained by Blount International, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
   Date: November 12, 2004
  /s/ James S. Osterman
 James S. Osterman
 President and
 Chief Executive Officer
# C_2021248EN.01000701.xml

| 25.6.2021 | EN | Official Journal of the European Union | C 248/7 |
| --- | --- | --- | --- |

25.6.2021

EN

Official Journal of the European Union

C 248/7

---

Prior notification of a concentration

(Case M.10070 — Eurofiber/Proximus/JV)

(Text with EEA relevance)

(2021/C 248/06)

1.

This notification concerns the following undertakings:

| — | Eurofiber NV (‘Eurofiber’, Belgium), |
| --- | --- |

—

Eurofiber NV (‘Eurofiber’, Belgium),

| — | Proximus NV (‘Proximus’, Belgium), |
| --- | --- |

—

Proximus NV (‘Proximus’, Belgium),

| — | the Joint Venture (‘JV’, Belgium). |
| --- | --- |

—

the Joint Venture (‘JV’, Belgium).

Eurofiber and Proximus acquire within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation joint control of the newly created JV.

The concentration is accomplished by way of purchase of shares in a newly created company constituting a joint venture.

2.

| — | for Eurofiber: operation of electronic communication services and networks in the Netherlands, Belgium, France, and Germany with a specific focus on connectivity services and networks over fiber to business customers and service providers, |
| --- | --- |

—

for Eurofiber: operation of electronic communication services and networks in the Netherlands, Belgium, France, and Germany with a specific focus on connectivity services and networks over fiber to business customers and service providers,

| — | for Proximus: operation of fixed and mobile electronic communication services and networks for residential and business customers in Belgium, both at the retail and wholesale level, |
| --- | --- |

—

for Proximus: operation of fixed and mobile electronic communication services and networks for residential and business customers in Belgium, both at the retail and wholesale level,

| — | for JV: roll-out and operation of a dense passive open Point-to-Point Fiber-To-The-X network in certain parts of the Walloon Region of Belgium. The JV will only be active at the wholesale level of the market. |
| --- | --- |

—

for JV: roll-out and operation of a dense passive open Point-to-Point Fiber-To-The-X network in certain parts of the Walloon Region of Belgium. The JV will only be active at the wholesale level of the market.

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.

4.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

M.10070 – Eurofiber/Proximus/JV

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal address:

| European Commission |
| --- |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

1

---
# C_2021080EN.01001301.xml

| 9.3.2021 | EN | Official Journal of the European Union | C 80/13 |
| --- | --- | --- | --- |

9.3.2021

EN

Official Journal of the European Union

C 80/13

---

Non-opposition to a notified concentration

(Case M.10096 — Invitalia/ArcelorMittal/AM InvestCo)

(Text with EEA relevance)

(2021/C 80/02)

On 28 January 2021, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32021M10096. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32021M10096. EUR-Lex is the online access to European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

---
* Pursuant to 5 TH 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 5 TH CIR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED July 12, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-51301 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus ELZIE ROOSEVELT ROBERTS, JR., also known as Elzie Roosevelt Roberts, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 6:04-CR-35-1

-------------------- Before JOLLY, DAVIS, and OWEN, Circuit Judges.
PER CURIAM: * Elzie Roosevelt Roberts, Jr., appeals his conviction by a jury of two counts of possession of an unregistered firearm in violation of the National Firearms Act, specifically 26 U.S.C. §§ 5845(a), 5861(d), and 5871. The district court sentenced Roberts to concurrent terms of 100 months of imprisonment and concurrent terms of three years of supervised release. Roberts argues that the evidence was insufficient to prove that he knew of the characteristics of the sawed-off shotgun thatNo. 05-51301 -2- prohibit its possession under § 5861(d). Because Roberts failed to move for a judgment of acquittal, his sufficiency challenge is reviewed only for a manifest miscarriage of justice. United
States v. Avants , 367 F.3d 433, 449 (5th Cir. 2004). Such a miscarriage of justice occurs when the record is “devoid of evidence of guilt or the evidence [is] so tenuous that a conviction is shocking.” Id. The Government was required to prove that Roberts knew of the features of the weapon that made it a “firearm” under § 5845(a), specifically, that it was a shotgun having an overall length of less than 26 inches or a barrel of less than 18 inches in length. Staples v. United States , 511 U.S. 600, 619-20 (1994); United States v. Reyna , 130 F.3d 104, 109-10 (5th Cir. 1997); § 5845(a). The shotgun was admitted into evidence and could be inspected by the jury. Its barrel was 10-1/2 inches long and its overall length was only 17 inches. Such characteristics are readily apparent and externally visible. The record is not devoid of evidence of Roberts’s guilt. Roberts’s conviction does not constitute a manifest miscarriage of justice. See Staples , 511 U.S. at 616 n.11; Reyna , 130 F.3d at 109 n.6; Avants , 367 F.3d at 449. Accordingly, the judgment of the district court is 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 Classic Bancshares, Inc.
(the "Company") on Form 10-QSB for the period ending December 31, 2004 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, David B. Barbour, President and Chief Executive 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:

(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.




Date:
      -----------------------            -------------------------------------
                                         David B. Barbour
                                         President and Chief Executive Officer
#### All data considered provisional and subject to revision.

      Flow                    
csv

      Water Temp Deg C                    
csv

      Maximum Water Temperature (C)                    
csv

      Minimum Water Temperature (C)                    
csv

#### All data considered provisional and subject to revision.

      Flow                    
json

      Water Temp Deg C                    
json

      Maximum Water Temperature (C)                    
json

      Minimum Water Temperature (C)                    
json