alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Order entered February 24, 2021

In The 

### Court of Appeals Fifth District of Texas at Dallas
No. 05
- 19
- 00274
- CV
STEWARD HEALTH CARE SYSTEM LLC AND SOUTHWEST

GENERAL HOSPITAL, LP , Appellant s

V. FRANK SAIDARA , Appellee On Appeal from the 193rd Judicial District Court

Dallas County, Texas Trial Court Cause No. DC
- 18
- 16862

O RDER Before the Court is appellants’ February 22, 2021 unopposed motion for extension of time for submitting to the en banc court and filing supplemental briefing. We GRANT appellants’ motion. Appellants shall file supplemental briefing, if any, by March 4, 2021 . Appellee shall file supplemental briefing, if any, by March 15, 2021 . The case will be submitted , without oral argum ent, to the en banc Court on March 16, 2021

./s/ ROBERT D. BURNS, III CHIEF JUSTICE
* Pursuant to Local Rule 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opinion should not be published and is not precedent except under the limited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 Local Rule 47.5.4.

UNITED STATES COURT OF APPEALS

FIFTH CIRCUIT

____________

No. 95-20836

____________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

KURT STEVEN WITTE,

Defendant-Appellant.

__________________________________________________

Appeal from the United States District Court

For the Southern District of Texas

(H-92-CR-207-1)

__________________________________________________

August 9, 1996

Before JONES, DUHÉ, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

Defendant Kurt Steven Witte argues that his sentence should be

reversed because he was not allowed to exercise his right of

allocution at sentencing. Defense counsel did not raise this issue

before the district court. Thus, we review this issue only for

plain error. Based on our review of the record, we hold that the

district court did not commit plain error with regard to Witte's
-2-

right of allocution at sentencing. See generally United States v.

Olano, 507 U.S. 725, 113 S. Ct. 1770, 123 L. Ed. 2d 508 (1993);

United States v. Calverley, 37 F.3d 160 (1994) (en banc).

Witte next argues that his sentence should be reversed because

the district court failed to recognize that he had the authority to

depart downwards from the applicable sentencing guidelines range.

See Witte v. United States, ___ U.S. ___, 115 S. Ct. 2199, 132 L.

Ed. 2d 351 (1995). Based on our review of the record, we find that

the district court did recognize that he had the authority to

depart, and exercised his discretion not to depart. Consequently,

we hold that the district court did not err by refusing to depart

downwards.

We AFFIRM.
[Federal Register Volume 66, Number 113 (Tuesday, June 12, 2001)]
[Presidential Documents]
[Page 31833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14955]



[[Page 31831]]

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Part V





The President





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



Memorandum of May 31, 2001--Delegation of Authority Under Section 703 
of the Security Assistance Act of 2000


                        Presidential Documents 



Federal Register / Vol. 66, No. 113 / Tuesday, June 12, 2001 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 31833]]

                Memorandum of May 31, 2001

                
Delegation of Authority Under Section 703 of the 
                Security Assistance Act of 2000

                Memorandum for the Secretary of Defense

                By the authority vested in my by the Constitution and 
                the laws of the United States of America, including 
                section 301 of title 3, United States Code, I hereby 
                delegate to the Secretary of Defense the authority 
                vested in me under section 703 of the Security 
                Assistance Act of 2000 (Public Law 106-280).

                The authority delegated by this memorandum may be 
                redelegated not lower than the Assistant Secretary 
                level.

                Any reference in this memorandum to the provision of 
                any Act shall be deemed to include references to any 
                hereafter-enacted provision of law that is the same or 
                substantially the same as such provision.

                You are authorized and directed to publish this 
                memorandum in the Federal Register.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                    Washington, May 31, 2001.

[FR Doc. 01-14955
Filed 6-11-01; 8:45 am]
Billing code 5001-08-M
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 the Treasury

###### Internal Revenue Service

          - 26 CFR Part 1
          - [REG-105946-00]
          - RIN 1545-AY31

# AGENCY:

Internal Revenue Service (IRS), Treasury.

# ACTION:

Cancellation of notice of public hearing on proposed rulemaking.

# SUMMARY:

This document provides notice of cancellation of a public hearing on proposed regulation relating to mid-contract changes in taxpayer.

# DATES:

The public hearing originally scheduled for Wednesday, June 13, 2001, at 10 a.m., is cancelled.

# FOR FURTHER INFORMATION CONTACT:

Guy R. Traynor of the Regulations Unit, Assistant Chief Counsel, (202) 622-7180 (not a toll-free number).

# SUPPLEMENTARY INFORMATION:

                    A notice of proposed rulemaking and notice of public hearing that appeared in the                     **Federal Register**                     on February 16, 2001 (66 FR 10643), announced that a public hearing was scheduled for June 13, 2001 at 10 a.m., in room 6718 of the Internal Revenue Building, 1111 Constitution Avenue NW., Washington, DC. The subject of the public hearing is proposed regulations under section 460 of the Internal Revenue Code. The public comment period for these regulations expired on May 30, 2001.                

The notice of proposed rulemaking and notice of public hearing, instructed those interested in testifying at the public hearing to submit a request to speak and an outline of the topics to be addressed. As of June 7, 2001, no one has requested to speak. Therefore, the public hearing scheduled for June 13, 2001, is cancelled.

Cynthia E. Grigsby,

Chief, Regulations Unit, Office of Special Counsel, (Modernization & Strategic Planning).

[FR Doc. 01-14759 Filed 6-7-01; 2:28 pm]

BILLING CODE 4830-01-P
*Certiorari Denied.*

*(See also No. 805 and No. 585, Misc., supra.)*

No. 672.

No. 752.

#### Vlavianos et al. *v.*The Cypress et al.; and Maryland Drydock Co. *v.*Vlavianos et al.

C. A. 4th Cir.

*I. Duke Avnet*for petitioners in No. 672.

*David R. Owen*for the Maryland Drydock Co., petitioner in No. 752 and respondent in No. 672.

Certiorari denied.
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[Federal Register Volume 66, Number 114 (Wednesday, June 13, 2001)]
[Notices]
[Page 31947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14826]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CO-930-1430-ET; COC-017768]


Public Land Order No. 7488; Extension of Public Land Order No. 
5979; Colorado

AGENCY: Bureau of Land Management, Interior.

ACTION: Public Land Order.

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

SUMMARY: This order extends Public Land Order No. 5979 for an 
additional 20-year period. This extension is necessary to continue the 
protection of two Bureau of Land Management administrative sites. The 
lands have been and will remain open to mineral leasing.

EFFECTIVE DATE: September 3, 2001.

FOR FURTHER INFORMATION CONTACT: Doris E. Chelius, BLM Colorado State 
Office, 2850 Youngfield Street, Lakewood, Colorado 80215-7093, 303-239-
3706.

SUPPLEMENTARY INFORMATION: By virtue of the authority vested in the 
Secretary of the Interior by Section 204 of the Federal Land Policy and 
Management Act of 1976, 43 U.S.C. 1714 (1994), it is ordered as 
follows:
    1. Public Land Order No. 5979, which withdrew public lands to 
protect two Bureau of Land Management administrative sites, is hereby 
extended for an additional 20-year period following its date of 
expiration.
    2. This withdrawal will expire 20 years from the effective date of 
this order unless, as a result of a review conducted prior to the 
expiration date pursuant to Section 204(f) of the Federal Land Policy 
and Management Act of 1976, 43 U.S.C. 1714(f) (1994), the Secretary 
determines that the withdrawal shall be extended.

    Dated: May 29, 2001.
Gale A. Norton,
Secretary of the Interior.
[FR Doc. 01-14826 Filed 6-12-01; 8:45 am]
BILLING CODE 4310-JB-P
Exhibit 6

SHAW COMMUNICATIONS INC.

CERTIFICATE OF THE CHIEF EXECUTIVE OFFICER

Pursuant to Section 906(a) of the Sarbanes-Oxley Act of 2002

Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18 of the United States Code

In connection
with the annual report of Shaw Communications Inc. (the Company) on Form 40-F for the fiscal year ending August 31, 2016, as filed with the Securities and Exchange Commission on the date
hereof (the Report), I, Brad Shaw, 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.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Dated at Calgary, Alberta, Canada, this 28thday of November 2016.



|                        
|------------------------
|/s/ Brad Shaw           
|Brad Shaw               
|Chief Executive Officer 
|Shaw Communications Inc.



---

SHAW COMMUNICATIONS INC.

CERTIFICATE OF THE CHIEF FINANCIAL OFFICER

Pursuant to Section 906(a) of the Sarbanes-Oxley
Act of 2002

Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18 of the United States Code

In connection with the annual report of Shaw Communications Inc. (the Company) on Form 40-F for the fiscal year
ending August 31, 2016, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Vito Culmone, Executive Vice President & Chief Financial 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.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Dated at Calgary, Alberta, Canada, this 28thday of November 2016.



|                                                  
|--------------------------------------------------
|/s/ Vito Culmone                                  
|Vito Culmone                                      
|Executive Vice President & Chief Financial Officer
|Shaw Communications Inc.
IV 

111TH CONGRESS 

2D SESSION H. RES. 1393 

Welcoming the Portuguese ship Sagres to the United States. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 25, 2010 

Mr. CARDOZA (for himself and Mr. COSTA) submitted the following resolution; 

which was referred to the Committee on Foreign Affairs 

RESOLUTION 

Welcoming the Portuguese ship Sagres to the United States. 

Whereas, on September 28, 1542, Portuguese explorer Joao 

Rodrigues Cabrillo led a naval expedition into San Diego 

Bay and became the first European to explore the land 

now known as California; 

Whereas Portuguese immigrants began arriving in the United 

States in relatively large numbers in 1870; 

Whereas Portuguese-Americans have made valuable and substantial contributions to every facet of life in the United 

States; 

Whereas sailing ships have become an inspirational symbol of 

a seafaring heritage that the United States shares with 

the international community; 

Whereas the Sagres is a steel-built three-masted barque that 

has been a ship of the Portuguese Navy since 1961; 


pwalker on DSK8KYBLC1PROD with BILLS
2 

•HRES 1393 IH 

Whereas the commanding officer of the Sagres is Luis Pedro 

Pinto Proenc ̧a Mendes who is accompanied by the crew 

of naval cadets; 

Whereas, on January 19, 2010, the Sagres set out from Lisbon, Portugal, on a yearlong cruise around the world; 

and 

Whereas the only stop the Sagres is making in the United 

States is in San Diego where it will be hosted by the 

Maritime Museum of San Diego and the United States 

Navy from June 7, 2010, to June 13, 2010: Now, therefore, be it 

1 Resolved, That the House of Representatives— 

2 (1) welcomes the Portuguese ship Sagres to the 

3 United States; 

4 (2) recognizes the Sagres’ crew as representa5 tives of the cultural and historic ties that bind the 

6 peoples of the United States and Portugal together; 

7 and 

8 (3) wishes the Sagres’ crew good luck and safe 

9 travels on their voyage around the world. 

Æ 


pwalker on DSK8KYBLC1PROD with BILLS
Page 1 

Commodity Futures Trading Commission 

CEA CASES 

NAME: GREAT WESTERN FOOD DISTRIBUTORS, INC., NATHANIEL E. HESS, CHARLES S. 

BORDEN, THOMAS F. HAYNES, AND HARTLEY L. HARRIS 

DOCKET NUMBER: 48 

DATE: JULY 22, 1953 

DOCUMENT TYPE: REMOVAL OF STAY ORDER 

NOTE: ANOTHER VERSION OF THIS DOCUMENT IS REPORTED IN THE AGRICULTURAL DECISIONS 

AT 12 AGRIC. DEC. 8 

UNITED STATES DEPARTMENT OF AGRICULTURE BEFORE THE SECRETARY OF AGRICULTURE 

In re Great Western Food Distributors, Inc., Nathaniel E. Hess, Charles S. 

Borden, Thomas F. Haynes, and Hartley L. Harris, Respondents 

CEA Docket No. 48 

Removal of Stay Order 

On June 20, 1951 (10 Agric. Dec. 783 (10 A.D. 783)), a decision and order 

were entered in this disciplinary proceeding under the Commodity Exchange Act (7 

U.S.C. Chapter 1) finding that the respondents the Great Western Food 

Distributors, Inc., Nathaniel E. Hess and Charles S. Borden violated the act and 

ordering the contract markets to deny them all trading privileges for the period 

of one year. The order of June 20, 1951, was stayed because of an appeal filed 

by the respondents in the United States Court of Appeals for the Seventh Circuit 

(10 Agric. Dec. 965 (10 A.D. 965)). 

On January 14, 1953, the United States Court of Appeals for the Seventh 

Circuit upheld the decision and order of June 20, 1951, and on June 15, 1953, 

the United States Supreme Court denied application for a writ of certiorari. 

Accordingly, the stay order of July 13, 1951, is vacated and the order of 

June 20, 1951, shall become effective on September 1, 1953. 

A copy hereof shall be served upon the respondents and the contract markets 

by registered mail. 

Done at Washington, D. C. this 22 day of July 1953. 

/s/ Thomas J. Flavin 

Judicial Officer 

LOAD-DATE: June 16, 2008 
Page 2
# FCM Data April 2015

SELECTED FCM FINANCIAL DATA AS OF April 30,&KFF0000 &K0000002015FROM REPORTS FILED BY May 31,&KFF0000 &K0000002015	&P of &N
#### The People of the State of New York, Respondent, v Jason Billings, Appellant.

[874 NYS2d 826]—

Appeal by the defendant from a judgment of the County Court, Orange County (Freehill, J.), rendered April 3, 2008, convicting him of attempted robbery in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his challenge to the validity of his plea of guilty *(see People v Sanchez-Martinez,*35 AD3d 632, 633 [2006]; *People v Stewart,*30 AD3d 624 [2006]; *People v Mead,*27 AD3d 767 [2006]). The rare excep*962tion to the preservation requirement (see *People v Lopez,*71 NY2d 662, 666 [1988]) is not applicable here, as after the defendant’s initial equivocal responses, the court made further inquiry and the defendant admitted his guilt (see *People v Sanchez-Martinez,*35 AD3d 632 [2006]; *People v Mead,*27 AD3d 767 [2006]).

In any event, as the defendant’s plea was to a lesser offense in satisfaction of the indictment, and the plea allocution established that the defendant understood the charges against him, a factual basis for the plea was not necessary *(see People v Richardson,*50 AD3d 704 [2008]; *People v Martin,*239 AD2d 436 [1997]; *People v Carruthers,*227 AD2d 500 [1996]).

While the defendant preserved the issue of whether the sentencing court should have granted him youthful offender treatment *(see People v Murray,*57 AD3d 921 [2008]), his valid written waiver of the right to appeal encompassed that issue, as well as any claim that the sentence imposed was excessive *(see People v Hines,*41 AD3d 734, 735 [2007]; *People v Vasquez,*40 AD3d 1134 [2007]; *People v Valentin,*15 AD3d 424 [2005]; *People v Friedlander, 11*AD3d 556 [2004]).

The defendant’s remaining contention is without merit. Spolzino, J.P., Dillon, Florio and Angiolillo, JJ., concur.
Exhibit 21


                Principal Subsidiaries of Global Payment Technologies, Inc.

<TABLE>
<CAPTION>
<S>                                            <C>                              <C>

                                               Jurisdiction               Percentage Ownership
Name of Subsidiary                             Incorporation                    by the
                                                                              Registrant



Global Payment Technologies (Europe) Limited    United Kingdom                   100%

Evolve Corporation PLC                          United Kingdom                   12.5%

Abacus Financial Management Systems Ltd., USA   United States                    80%

Global Payment Technologies, Inc.               Russia                           100%

</TABLE>

                                      123
<PAGE>

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM


The Board of Directors
Global Payment Technologies, Inc.


We consent to the incorporation by reference in the Registration  Statement on
Form S-3 (No. 333-114529) and the Registration  Statements on Form S-8 (No.
333-112934 and No. 333-30829) of Global Payment Technologies,  Inc. of our
report dated January 22,  2008, with respect to the consolidated  financial
statements and related schedule of Global Payment  Technologies, Inc.  and
subsidiaries  included  in this  Annual  Report on Form  10-K for the year
ended September 30, 2007.




/s/ Eisner LLP
New York, New York
January 22, 2008


                                      124
<PAGE>

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM




We consent to the incorporation by reference in the Registration Statement on
Form S-3 (No. 333-114529) and the Registration Statements on Form S-8 (No.
333-112934 and No. 333-30829) of Global Payment Technologies, Inc. of our report
dated January 11, 2007, with respect to the financial statements of Global
Payment Technologies Pty Ltd included in this Annual Report on Form 10-K for the
year ended September 30, 2007.


/s/ Pitcher Partners


Sydney, Australia
January 17, 2008

                                      125
<PAGE>

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM




We consent to the incorporation by reference in the Registration Statement on
Form S-3 (No. 333-114529) and the Registration Statements on Form S-8 (No.
333-112934 and No. 333-30829) of Global Payment Technologies, Inc. of our report
dated January 11, 2007, with respect to the consolidated financial statements of
eCash Holdings Pty Limited and subsidiaries included in this Annual Report on
Form 10-K for the year ended September 30, 2007.


/s/ Pitcher Partners


Sydney, Australia
January 17, 2008

                                      126