alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 No. 01

- 15

- 001610

- CV

IN THE COURT OF APPEALS

FOR THE FIRST JUDICIAL DISTRICT

HOUSTON, TEXAS

CAMILLO MARTINEZ O/B/O DECEASED, YOLANDA MARTINEZ,

APPELLANT

V.

NABELL “BILL” ARAFAT D/B/A TEXAS CAR STEREO,

APPELLEE

Appealed from the 270 th Judicial District Court

Harris County, Texas

Trial Court Cause No. 2011

- 44754 -A

APPELLANT ’S NOTICE OF CHANGE OF

FIRM ASSOCIATION AND ADDRESS

TO THE HONORABLE JUSTICES OF THE FIRST COURT OF APPEALS:

COMES NOW

, Appellant

, Camillo Martinez o/b/o Deceased, Yolanda

Martinez

, and pursuant to Tex. R. App. P. 6.1(c), files his Notice of Change of

Counsel’s Firm Association and Address and would respectfully show as follows:

Counsel for Respondent has changed his firm association and contact

information. Henceforth, notices and correspondence to Mr. Joshua R. Leske,

Appellant ’s attorney of record should be directed as follows: ACCEPTED

01-15-00161-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

8/12/2015 10:18:55 AM

CHRISTOPHER PRINE

CLERK2 Husain Law + Associates

, P.C

Mr. Joshua R. Leske

5858 Westheimer Rd., Suite 400

Houston, Texas 77057

Phone: ( 713) 621

- 8900

Fax: (713) 621

- 8909

Email: j leske@hlalawfirm.com

Respectfully submitted,

HUSAIN LAW + ASSOCIATES, P.C.

By :

Joshua R. Leske /s/ Joshua R. Leske

State Bar No. 24060162

5858 Westheimer Rd., Suite 400

Houston, Texas 77057

(713) 621

- 8900 telephone

(713) 621

- 8909 facsimile

jleske@h la lawfirm.com

COUNSEL FOR APPELLANT3 CERTIFICATE OF ELECTRONIC SERVICE

I certify that on August 12 , 2015, at approximately 10 : 2 0 a .m., I served a

copy of Appellant’s Notice of Change of Counsel’s Firm Association and Address

on the party (s) listed below by electronic service concurrently with the electronic

filing o f the document. The electronic transmission was reported as complete. My

e

- mail address is jleske@h la lawfirm.com

.

Via E

- Filing & E

- Service

Mr. Troy Williams

Ms

. R o b i n B l a n c h e t t e

Germer PLLC

333 Clay Street, Suite 4930

Houston, Texas 77002

Via E

- Filing & E

- Service

Mr. Joseph Heard

Heard & Medack, PC

9494 Southwest Freeway, Suite 700

Houston, Texas 77074

/s/ Joshua R. Leske

Joshua R. Leske
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pa ne l una ni m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l ar g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T DO UG LAS W . HY SE LL , P la in tif

f - A p p e llan t, v. A RN O L D S C H W A R Z E N E G G E R ; e t a l., D efen d an t s - A p p el l ees. N o. 12- 16970 D . C . N o. 1: 10 -c v-01 23 3-A W IG BC ME MOR AN DU M *

A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt f o rth e E a s te rn D is tr ic t o f C a lif o rn ia A nthonyW . I s hi i , D i s tr i c tJudge , P r e s i di ng S ubm i tt e d M a y14, 2013 ** B efo re: L E A V Y , T H O M A S , an dM U R G U IA , C i rcu i tJu d g es. C al i forni a s t at e pri soner D ou gl as W . H ys el l appeal s pro se fr om the di stri ct court ’ s j ud gm entdi sm i ss i ng hi s a ct i on al l egi ng vi ol at i on s of the R ac ket ee r Infl uenced and C orruptO rgani za t i on s A ct(“ R IC O ”) . W e have j uri sdi ct i on un der 2 8 U. S . C . § 1 2 9 1 . We r e v i e w d e n o v o b o th ad i s m i s s a l u n d e r2 8 U. S . C . § 1 9 1 5 A, 

# FI LED MA Y21 2 013 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS12- 16970 2 R es ni ck v. H ayes , 2 1 3 F .3 d4 4 3 , 4 4 7 ( 9 th C ir . 2 0 0 0 ) , a n du n d e r2 8 U .S .C . § 1 9 1 5 ( e ) ( 2 ) , B arr e n v . H arr i ngton , 1 5 2 F .3 d1 1 9 3 , 1 1 9 4 ( 9 th C ir . 1 9 9 8 ) ( o r d e r ) . W e a f f i rm. T he di s tr i c tc ourtpr ope r l ydi s m i s s e d H y s e l l ’ s a c t i on be c aus e the a l l e ga t i ons i n hi s a m e nde d c om pl a i ntdo nots e tf orth f a c t s de m ons tr a t i ng apa tt e rn of r a c k e te e r in g a c tiv ityr e q u ir e dto s ta te ac la im f o rv io la tio n s o f

, o rc o n s p ir a c yto v io la te , R I C O . See Sanf ord v . Me m be r W

ork s , I nc . , 62 5 F . 3d 55 0, 55 7 (9th C i r. 2010) ( l i s t i ng e l e m e nt s of aR I C O c l a i m unde r18 U . S . C . § 1962( c ) , a nd e xpl a i ni ng th at , t o p l eada R IC O co n sp i racy cl ai m u n d er § 1 9 6 2 (d ), th e p l ai n t i ff m u stfi rst a d e q u a te lyp le a das u b s tan tiv e v io la tio n o f R I C O ) ; s e e a ls o S ilv a v . D i V itto r io , 65 8 F . 3d 10 90 , 11 05 -06 (9th C i r. 20 11 ) ( pri soner’ s a l l egat i on s of a l l eged c ons t i tut i ona l vi ol a t i ons do notqua l i f ya s pr e di c a t e a c t s t o e s t abl i s h apa tt e rn of r a c k e te e r in g a c tiv ityf

o rth e p u rp o s e s o f

aR I C O c la im ) . AF F I RME D.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Labor

###### Employment and Training Administration

          - [T-W-37,387]

      ( print page 21472)    
Pursuant to Section 221 of the Trade Act of 1974, an investigation was initiated on February 28, 2000 in response to a worker petition which was filed on behalf of workers at Timbergon, Redmond, Oregon.

The petitioner has requested that the petition be withdrawn. Consequently, further investigation in this case would serve no purpose, and the investigation has been terminated.

Signed in Washington, DC, this 6th day of April, 2000.

Grant D. Beale,

Program Manager, Division of Trade Adjustment Assistance.

[FR Doc. 00-9975 Filed 4-20-00; 8:45 am]

BILLING CODE 4510-30-M
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          SEP-30-1997
<PERIOD-START>                             OCT-01-1996
<PERIOD-END>                               MAR-31-1997
<CASH>                                      39,496,000
<SECURITIES>                                27,356,000
<RECEIVABLES>                               14,157,000
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                            85,069,000
<PP&E>                                      18,964,000
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                             106,930,000
<CURRENT-LIABILITIES>                       43,755,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         2,000
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>               106,930,000
<SALES>                                     71,769,000
<TOTAL-REVENUES>                            71,769,000
<CGS>                                       29,790,000
<TOTAL-COSTS>                               29,790,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              17,000
<INCOME-PRETAX>                              9,422,000
<INCOME-TAX>                                 3,204,000
<INCOME-CONTINUING>                          6,218,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 6,192,000
<EPS-PRIMARY>                                      .28
<EPS-DILUTED>                                      .28
        

</TABLE>
* 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. 96-11379

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JAMES DONOVAN,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:96-CR-062-Y

- - - - - - - - - -

July 17, 1997

Before JONES, DeMOSS and PARKER, Circuit Judges.

PER CURIAM:*

James Donovan appeals his conviction for conspiracy to

transport a certain alien within the United States in violation

of 8 U.S.C. § 1324(a)(1)(A)(ii). He argues that the evidence was

insufficient to support his conviction. We have reviewed the

record and find no reversible error. See United States v. Alix,

86 F.3d 429, 435 (5th Cir. 1996).

AFFIRMED.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUL-26-1998
<PERIOD-START>                             JUL-28-1997
<PERIOD-END>                               OCT-26-1997
<CASH>                                           6,214
<SECURITIES>                                         0
<RECEIVABLES>                                    4,358
<ALLOWANCES>                                         0
<INVENTORY>                                     12,102
<CURRENT-ASSETS>                                43,404
<PP&E>                                         309,328
<DEPRECIATION>                                  38,246
<TOTAL-ASSETS>                                 392,107
<CURRENT-LIABILITIES>                           93,640
<BONDS>                                        255,045
<PREFERRED-MANDATORY>                           19,252
<PREFERRED>                                          0
<COMMON>                                            10
<OTHER-SE>                                         769
<TOTAL-LIABILITY-AND-EQUITY>                   392,107
<SALES>                                            810
<TOTAL-REVENUES>                                14,621
<CGS>                                              925
<TOTAL-COSTS>                                   41,338
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               7,521
<INCOME-PRETAX>                               (34,238)
<INCOME-TAX>                                  (13,353)
<INCOME-CONTINUING>                           (20,429)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (22,860)
<EPS-PRIMARY>                                   (1.55)
<EPS-DILUTED>                                   (1.55)
        

</TABLE>
STANDARD FORM 1081 

Revised September 1982 

Department of the Treasury 

ITFRM 2-2500 

VOUCHER AND SCHEDULE 

OF WITHDRAWAL AND CREDITS 

CHARGE AND CREDIT WILL BE REPORTED ON 

CUSTOMER AGENCY STATEMENT OF TRANSACTION 

FOR ACCOUNTING PERIOD ENDING 

Transaction Date 

Document No. 

CUSTOMER AGENCY BILLING AGENCY 

Agency Location Code (ALC) Customer Agency Voucher No. Agency Location Code (ALC) Billing Agency Voucher No. 

DEPARTMENT 

BUREAU 

ADDRESS 

DEPARTMENT 

BUREAU 

ADDRESS 

SUMMARY SUMMARY 

APPROPRIATION, FUND, OR RECEIPT SYMBOL AMOUNT APPROPRIATION, FUND, OR RECEIPT SYMBOL AMOUNT 

(MUST AGREE WITH BILLING AGENCY) TOTAL (MUST AGREE WITH BILLING AGENCY) TOTAL 

Details of charges or reference to attached supporting documents 

BILLING AGENCY CONTACT: 

PREPARED BY 

APPROVED BY 

TELEPHONE NO. 

CERTIFICATION OF CUSTOMER OFFICE 

I certify that the items listed herein are correct and proper for payment from and to the appropriation(s) designated. 

(Date) 

(Telephone) 

(Authorized administrative or certifying officer) 

PREVIOUS EDITION NOT USABLE 

Original - Forward to Customer for Payment
#### The People of the State of New York, Respondent, v Keith Antwine, Appellant.

Submitted January 8, 2007;

decided January 11, 2007

Motion for assignment of counsel granted and Richard M. Greenberg, Esq., Office of the Appellate Defender, 11 Park Place, Suite 1601, New York, NY 10007 assigned as counsel to the appellant on the appeal herein.
Exhibit 32.1


                             AMERICAN SKIING COMPANY

                  SARBANES-OXLEY ACT SECTION 906 CERTIFICATIONS

In connection with the Quarterly Report of American Skiing Company (the
"Company") on Form 10-Q for the period ended October 29, 2006 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, William
J. Fair, 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 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.

Date: December 8, 2006

                                       By:  /s/ William J. Fair
                                       ----------------------------
                                       William J. Fair
                                       President and Chief Executive Officer
                                       (Principal Executive Officer)
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

NO. 01-501

DANIEL E. ABBEY, APPELLANT,

V.

ANTHONY J. PRINCIPI,

SECRETARY OF VETERANS AFFAIRS, APPELLEE.

Before KRAMER, Chief Judge, and IVERS and STEINBERG, Judges.

O R D E R

On January 17, 2002, the appellant filed, through counsel, an application for an award of

attorney fees and expenses pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (EAJA).

On April 25, 2002, the Court issued an order in this case staying proceedings pending disposition

of Wilson v. Principi, No. 01-691. Abbey v. Principi, No. 01-501, 2002 WL 745958 (Vet. App.

Apr. 25, 2002). Wilson was decided on December 12, 2002. Wilson, __ Vet.App. __, No. 01-691,

2002 WL 31770890 (Dec. 12, 2002). In Wilson, the Court determined, based on the evidence

presented there, that $90 per hour was the prevailing market rate for the work of the appellant's nonattorney practitioner in that case and awarded attorney fees based on that rate for his work. Id. at __,

slip op. at 4, 7-9, 2002 WL 31770890, at *3, 5-6. The sole matter in dispute in the instant case is

what constitutes a reasonable hourly rate, based on the evidence presented here, for an EAJA

attorney fee for the work of the same non-attorney practitioner who represented the appellant in

Wilson.

Upon consideration of the foregoing, it is

ORDERED that the April 25, 2002, stay is lifted. It is further

ORDERED that, not later than 30 days after the date of this order, the appellant file, and

serve on the Secretary, a memorandum (which may present additional evidence) that explains why

the prevailing market rate in this case should not be $90 per hour. See Wilson, __ Vet.App. at __,

slip op. at 7-8, 2002 WL 31770890, at *5; id. at __, slip op. at 10-13, 2002 WL 31770890, at *7-10

(Kramer, C.J., dissenting). It is further

ORDERED that, not later than 20 days after service of the appellant's memorandum, the

Secretary file, and serve on the appellant, a response. Not later than 15 days after service of the

Secretary's response, the appellant may file a reply. 

DATED: December 20, 2002 PER CURIAM.
Exhibit 23.3

January 13, 2010

Mr. Richard M. Grubel

Senior Vice President

The PBSJ Corporation

5300 West Cypress Street, Suite 200

Tampa, FL 33607

Consent of Independent Appraisal Firm

We hereby consent to the reference to Sheldrick, McGehee & Kohler, LLC and to the incorporation of information contained in our Valuation Reports dated
January 12, 2009 and June 15, 2009 in the Annual Report on Form 10-K of The PBSJ Corporation for the year ended September 30, 2009, to which this consent is an exhibit.

Sincerely,

LOGO

Steven M. Rosenbloom

President
1 IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 42359

STATE OF IDAHO
,

Plaintiff-Respondent
,

v.

ALEX RANGEL
,

Defendant-Appellant

. ) ) ) ) ) ) ) ) ) ) 2015 Unpublished Opinion No. 303

Filed: January 6, 2015

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED
OPINION AND SHALL NOT
BE CITED AS AUTHORITY

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Cheri C. Copsey , District Judge.

Judgment of conviction and concurrent unified sentence s of life , with a minimum period of confinement of five years , for lewd conduct with a minor under sixteen

, and a unified term of fifteen years with a minimum period of confinement of five years for enticement of a child through use of the Internet

, affirmed

.

Sara B. Thomas, State Appellate Public Defender; Maya P. Waldron , Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Ted S. Tollefson , Deputy Attorney General, Boise, for respondent.

________________________________________________
Before LANSING, Judge; GUTIERREZ, Judge; and GRATTON, Judge

PER CURIAM

Alex Rangel pled guilty to one count of lewd conduct with a minor under sixteen . Idaho

Code § 18

- 1505 and one count of e nticement of a child through use of the Internet, I.C. § 15

-

1509A . The d istrict court sentenced Rangel to a unified sentence of life with five years

determinate for lewd conduct and a concurrent sentence of fifteen years with five years

det erminate for enticement of a child

. Rangel appeals asserting that the district court abused its

discretion by imposing excessive sentences

. Sentencing is a matter for the trial court’s discretion. Both our standard of review and the

factors to be considered in evaluating the reasonableness of the sentence are well established and2 need not be repeated here. See State v. Hernandez , 121 Idaho 114, 117

- 18, 822 P.2d 1011, 1014

- 15 ( Ct. App. 1991); State v. Lopez , 106 Idaho 447, 449

- 51, 680 P.2d 869, 871

- 73 (Ct. App.

1984); State v. Toohill , 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct. App. 1982). When reviewing

the length of a sentence, we consider the defendant’s entire sentence. St ate v. Oliver , 144 Idaho

722, 726, 170 P.3d 387, 391 (2007). Applying these standards, and having reviewed the record

in this case, we cannot say that the district court abused its discretion.

Therefore, Rangel ’s judgment of conviction and sentence s are affirmed.
EXHIBIT 32.2


                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 China Energy Savings  Technology,  Inc. Annual Report on
Form 10-KSB for the year ended  September 30, 2004 as filed with the  Securities
and  Exchange  Commission  on the date hereof (the  "Report"),  I, Kam Wah Poon,
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 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, as amended, and

(2)  The  information  contained in the Report  fairly  presents in all material
     respects the financial condition and results of operations of the Company.

A signed  original of this written  statement  required by Section 906,  another
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 China Energy  Savings  Technology,
Inc. and will be retained by China Energy Savings Technology, Inc. and furnished
to the Securities and Exchange Commission or its staff upon request.



                                           /s/ Kam Wah Poon
                                           -------------------------------------
                                           Kam Wah Poon
                                           Chief Financial Officer
                                           (Principal Accounting Officer)
                                           Date: January 12, 2005
111TH CONGRESS 

2D SESSION H. R. 5874 

AN ACT 

Making supplemental appropriations for the United States 

Patent and Trademark Office for the fiscal year ending 

September 30, 2010, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 5874 EH

1 That the following sums are appropriated, out of any 

2 money in the Treasury not otherwise appropriated for the 

3 fiscal year ending September 30, 2010, and for other pur4 poses, namely: 

5 DEPARTMENT OF COMMERCE 

6 UNITED STATES PATENT AND TRADEMARK OFFICE

7 For an additional amount for ‘‘Salaries and Ex8 penses’’ of the United States Patent and Trademark Of9 fice, $129,000,000, to remain available until expended: 

10 Provided, That the sum herein appropriated from the gen11 eral fund shall be reduced as offsetting collections assessed 

12 and collected pursuant to 15 U.S.C. 1113 and 35 U.S.C. 

13 41 and 376 are received during fiscal year 2010, so as 

14 to result in a fiscal year 2010 appropriation from the gen15 eral fund estimated at $0: Provided further, That during 

16 fiscal year 2010, should the total amount of offsetting fee 

17 collections be less than $2,016,000,000, this amount shall 

18 be reduced accordingly. 

19 BUREAU OF THE CENSUS

20 PERIODIC CENSUSES AND PROGRAMS

21 Of funds made available under this heading by Public 

22 Law 111–117, $129,000,000 are hereby rescinded. 
3 

•HR 5874 EH

1 This Act may be cited as the ‘‘United States Patent 

2 and Trademark Office Supplemental Appropriations Act, 

3 2010’’. 

Passed the House of Representatives July 28, 2010. 

Attest: 

Clerk. 
111TH CONGRESS 

2D SESSION H. R. 5874 

AN ACT 

Making supplemental appropriations for the United 

other purposes. cal year ending September 30, 2010, and for States Patent and Trademark Office for the fis-