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

FOR THE FIFTH CIRCUIT

No. 20-50299

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

GREGORY DOTSON,

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 7:20-MJ-96-1

Before DAVIS, SMITH, and HIGGINSON, Circuit Judges. 

PER CURIAM:*

Gregory Dotson is charged in a criminal complaint with possession of five 

grams or more of actual methamphetamine with intent to distribute and felony 

possession of a firearm. See 21 U.S.C. § 841(b)(1)(B)(viii); 18 U.S.C. § 922(g). 

He appeals the district court’s order of detention pending trial. 

“Absent an error of law, we must uphold a district court’s pretrial 

detention order if it is supported by the proceedings below, a deferential 

* 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.

United States Court of Appeals

Fifth Circuit

FILED

May 12, 2020

Lyle W. Cayce

Clerk

 Case: 20-50299 Document: 00515414047 Page: 1 Date Filed: 05/12/2020
No. 20-50299

2

standard of review that we equate to the abuse-of-discretion standard.” United 

States v. Hare, 873 F.2d 796, 798 (5th Cir. 1989) (internal quotation marks and 

citation omitted). We review questions of law de novo, United States v. Olis, 

450 F.3d 583, 585 (5th Cir. 2006), and we review factual findings supporting 

an order of detention for clear error, United States v. Aron, 904 F.2d 221, 223 

(5th Cir. 1990). Dotson does not dispute that, in light of the drug charge, a 

rebuttable presumption arises that no condition or combination of conditions 

will reasonably assure his appearance at trial and the safety of the community. 

See § 3142(e)(3)(A).

Although Dotson’s recent behavior during his pretrial release in a 

related Texas case is relevant to the consideration of his history and 

characteristics, so, too, is his lengthy criminal history. See § 3142(g)(3). 

Moreover, Dotson ignores that the charged offenses involve both a controlled 

substance and a firearm and that his criminal history supports the district 

court’s finding that his release would pose a danger to the community. See 

§ 3142(g)(1) and (4). The proceedings below amply support Dotson’s pretrial 

detention such that the district court did not abuse its discretion, particularly 

given the applicable presumption against release. See Hare, 873 F.2d at 798; 

§ 3142(e)(3)(A).

AFFIRMED.

 Case: 20-50299 Document: 00515414047 Page: 2 Date Filed: 05/12/2020
Bobby D. HIGGINBOTHAM, petitioner, v. LOUISIANA.

No. 16-6106.

Supreme Court of the United States

Nov. 28, 2016.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.
Opinion filed August 8 , 201 3



### In The 

# Eleventh Court of Appeals

__________ No. 11

- 1 3

- 00 210

- CR

__________ ALEXANDER NICHOLAS TENORIO , Appellant

V.

THE S TATE OF TEXAS , Appellee

On Appeal from the 238th District Court
Midland County, Texas
Trial Court Cause No. CR3 9848

M E M O R A N D U M O P I N I O N Alexander Nicholas Tenorio, Appellant, filed an untimely pro se notice of appeal from his conviction for the offense of unlawful possession of a firearm by a
felon . We dismiss the appeal.2 The clerk’s record indicates that Appellant’s sentence was imposed on May 8 , 2013, and that his pro se notice of appeal was filed in the district clerk’s
office on July 12 , 2013. When the appeal was filed in this court, we notified Appellant by letter that the notice of appeal appeared to be untimely. We requested that Appellant respond on or before July 25 , 2013, and show grounds to continue this appeal. We also informe d him that the appeal may be dismissed for want of jurisdiction. Appellant has not responded. Appellant did not file a motion for new trial. Therefore, pursuant to T EX

. R.
A PP

. P. 26.2, his notice of appeal was due to be filed within thirty days after the date that his sentence was imposed in open court. A notice of appeal must be in writing and filed with the clerk of the trial court. T EX

. R. A PP

. P. 25.2(c)(1). The clerk’s record in this case reflects that Appellant’s notice of appeal was filed wit h
the clerk of the trial court sixty

- five days after sentence was imposed and was, therefore, untimely. Absent a timely filed notice of appeal or the granting of a timely motion for extension of time, we do not have jurisdiction to entertain the appeal. Slaton v. State , 981 S.W.2d 208 (Tex. Crim. App. 1998); Olivo v. State
, 918 S.W.2d 519 (Tex. Crim. App. 1996); Rodarte v. State , 860 S.W.2d 108 (Tex. Crim. App. 1993). Because we have no jurisdiction, we must dismiss the appeal. This appeal is dismissed for want of jurisdiction.

PER CURIAM

August 8
, 2013 Do not publish. See T EX

. R. A PP

. P. 47.2(b).
Panel consists of: Wright, C.J., McCall, J., and Willson , J.
No. 805.

#### Doles v. Metropolitan Life Insurance Co., 337. U. S. 922.

Rehearing denied.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF FOUNTAIN PHARMACEUTICALS, INC. FOR THE THREE MONTHS
ENDED DECEMBER 31, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-2000
<PERIOD-START>                             OCT-01-1999
<PERIOD-END>                               DEC-30-1999
<CASH>                                             324
<SECURITIES>                                         0
<RECEIVABLES>                                       47
<ALLOWANCES>                                        (5)
<INVENTORY>                                        456
<CURRENT-ASSETS>                                   881
<PP&E>                                             441
<DEPRECIATION>                                    (307)
<TOTAL-ASSETS>                                   1,169
<CURRENT-LIABILITIES>                            2,588
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          2
<COMMON>                                             2
<OTHER-SE>                                      (1,451)
<TOTAL-LIABILITY-AND-EQUITY>                     1,169
<SALES>                                            137
<TOTAL-REVENUES>                                   137
<CGS>                                               37
<TOTAL-COSTS>                                      637
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  41
<INCOME-PRETAX>                                   (578)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                               (578)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      (578)
<EPS-BASIC>                                      (0.24)
<EPS-DILUTED>                                    (0.24)


</TABLE>
CONFORMED COPY

                                                                    Exhibit 10.7


             AMENDMENT TO PLEDGE AND SECURITY AGREEMENT DATED AS OF
           NOVEMBER 30, 2001 FROM THE GRANTORS REFERRED TO HEREIN, AS
               GRANTORS TO HSBC BANK USA, AS ADMINISTRATIVE AGENT
                                (THE "AGREEMENT")

                                                         Date: November 10, 2004

Effective as of the date stated above, the Agreement shall be amended as
follows:

WHEREAS, Marvel Enterprises, Inc. (the "Borrower") entered into an Amended and
Restated Revolving Credit Agreement dated as of December 18, 2002 (as amended,
amended and restated, supplemented or otherwise modified from time to time, the
"Credit Agreement") with the Lenders, the Arranger and the Administrative Agent;
and

WHEREAS, pursuant to the terms of this Agreement, the Grantors granted to the
Administrative Agent, for the benefit of the Lenders, a security interest in
certain assets of the Grantors as described in the Agreement; and

WHEREAS, as of the date of this Amendment, HSBC Bank USA, National Association
(formerly known as HSBC Bank USA) is the sole Lender and the grantor of 100% of
the loans granted in accordance with the terms of the Credit Agreement; and

WHEREAS, the Administrative Agent and HSBC Bank USA, National Association as the
sole lender pursuant to the terms of the Credit Agreement have elected to enter
into this Amendment.

IT IS HEREBY AGREED:

1.      Section 1(g) "Intellectual Property Collateral" shall be deleted from
        the Agreement and the Administrative Agent and HSBC Bank USA, National
        Association shall no longer have a security interest in the
        "Intellectual Property Collateral" described in the Agreement.

2.      In all other respects, the terms and conditions of the Agreement shall
        remain in full force and effect without change.

HSBC BANK USA, NATIONAL ASSOCIATION
HSBC BANK USA,
        As Administrative Agent

By:/s/ [illegible]
   --------------------------
Name:
Title:

MARVEL ENTERPRISES, INC.


By:/s/  Kenneth P. West
   --------------------------
Name:  Kenneth P. West
Title:  Executive Vice President and CFO
**Exhibit 31.2**
CERTIFICATION
I, Richard A. Morin, Senior Vice President of Finance, Chief Financial Officer,and Treasurer of Cognex Corporation, certify that:
1. I have reviewed this quarterly report on Form 10-Q of CognexCorporation; 2. Based on my knowledge, this report does not contain anyuntrue statement of a material fact or omit to state a material factnecessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respectto the period covered by this report; 3. Based on my knowledge, the financial statements, and otherfinancial information included in this report, fairly present in allmaterial respects the financial condition, results of operations andcash flows of the registrant as of, and for, the periods presentedin this report; 4. The registrant’s other certifying officer(s) and I areresponsible for establishing and maintaining disclosure controls andprocedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:
(a) Designed such disclosure controls and procedures,or caused such disclosure controls and procedures to bedesigned under our supervision, to ensure that materialinformation relating to the registrant, including itsconsolidated subsidiaries, is made known to us by otherswithin those entities, particularly during the period in whichthis report is being prepared; (b) [Omitted pursuant to SEC ReleaseNos. 33-8238 and 34-47986]; (c) Evaluated the effectiveness of the registrant’sdisclosure controls and procedures and presented in thisreport our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of theperiod covered by this report based on such evaluation; and (d) Disclosed in this report any change in theregistrant’s internal control over financial reporting thatoccurred during the registrant’s most recent fiscal quarter(the registrant’s fourth fiscal quarter in the case of anannual report) that has materially affected, or is reasonablylikely to materially affect, the registrant’s internal controlover financial reporting; and

 

 

5. The registrant’s other certifying officer(s) and I havedisclosed, based on our most recent evaluation of internal controlover financial reporting, to the registrant’s auditors and the auditcommittee of the registrant’s board of directors (or personsperforming the equivalent functions):
(a) All significant deficiencies and materialweaknesses in the design or operation of internal control overfinancial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarizeand report financial information; and (b) Any fraud, whether or not material, that involvesmanagement or other employees who have a significant role inthe registrant’s internal control over financial reporting.
Date: August 6, 2004     /s/ Richard A. Morin   Richard A. Morin Senior Vice President of Finance, Chief Financial Officer, and Treasurer
<TABLE> <S> <C>

<ARTICLE> 9
<LEGEND>
the schedule contains summary financial information extracted from the quarterly
report on form 10-qsb/a for the fiscal quarter ended december 31, 1995 and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          MAR-31-1995
<PERIOD-END>                               DEC-31-1995
<CASH>                                       4,404,714
<INT-BEARING-DEPOSITS>                       1,392,000
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                  1,718,430
<INVESTMENTS-CARRYING>                       7,068,151
<INVESTMENTS-MARKET>                                 0
<LOANS>                                    140,657,445
<ALLOWANCE>                                    828,588
<TOTAL-ASSETS>                             157,766,252
<DEPOSITS>                                 109,822,085
<SHORT-TERM>                                25,000,000
<LIABILITIES-OTHER>                          1,246,778
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        12,697
<OTHER-SE>                                  21,562,171
<TOTAL-LIABILITIES-AND-EQUITY>             157,766,252
<INTEREST-LOAN>                              3,007,517
<INTEREST-INVEST>                              115,332
<INTEREST-OTHER>                                35,930
<INTEREST-TOTAL>                             3,158,779
<INTEREST-DEPOSIT>                           1,300,133
<INTEREST-EXPENSE>                           1,678,407
<INTEREST-INCOME-NET>                        1,480,372
<LOAN-LOSSES>                                   31,720
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                704,714
<INCOME-PRETAX>                                858,201
<INCOME-PRE-EXTRAORDINARY>                     858,201
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   536,383
<EPS-PRIMARY>                                      .42
<EPS-DILUTED>                                      .42
<YIELD-ACTUAL>                                       0
<LOANS-NON>                                          0
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                     0
<CHARGE-OFFS>                                        0
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                                    0
<ALLOWANCE-DOMESTIC>                                 0
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
In the Matter of DISCIPLINE OF Keith E. GREGORY.

No. D-2941.

Supreme Court of the United States

Oct. 31, 2016.

Keith E. Gregory, of Lompoc, California, is suspended from the practice of law in this Court and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.
# C_2010093EN.01000501.xml

| 13.4.2010 | EN | Official Journal of the European Union | C 93/5 |
| --- | --- | --- | --- |

13.4.2010

EN

Official Journal of the European Union

C 93/5

---

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty

Cases where the Commission raises no objections

(Text with EEA relevance)

2010/C 93/02

| Date of adoption of the decision | 13.7.2009 |
| --- | --- |
| Reference number of State Aid | N 179/09 |
| Member State | Austria |
| Region | — |
| Title (and/or name of the beneficiary) | Barwertberechnungsmethode für Haftungen in der Tourismus- und Freizeitwirtschaft |
| Legal basis | — |
| Type of measure | Aid scheme |
| Objective | Small and medium-sized enterprises |
| Form of aid | Guarantee |
| Budget | — |
| Intensity | — |
| Duration (period) | Until 31.12.2010 |
| Economic sectors | Hotels and restaurants (tourism) |
| Name and address of the granting authority | Bundesministerium für Wirtschaft und Arbeit |
| Abteilung V/4 (Tourismus-Förderungen) |
| Stubenring 1 |
| 1011 Wien |
| ÖSTERREICH |

Date of adoption of the decision

13.7.2009

Reference number of State Aid

N 179/09

Member State

Austria

Region

—

Title (and/or name of the beneficiary)

Barwertberechnungsmethode für Haftungen in der Tourismus- und Freizeitwirtschaft

Legal basis

—

Type of measure

Aid scheme

Objective

Small and medium-sized enterprises

Form of aid

Guarantee

Budget

—

Intensity

—

Duration (period)

Until 31.12.2010

Economic sectors

Hotels and restaurants (tourism)

Name and address of the granting authority

Bundesministerium für Wirtschaft und Arbeit

Abteilung V/4 (Tourismus-Förderungen)

Stubenring 1

1011 Wien

ÖSTERREICH

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm

---
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1338 Engrossed in House (EH)]

H. Res. 1338

                In the House of Representatives, U. S.,

                                                          May 13, 2010.
Whereas, since its inception in 1994, the AmeriCorps national service program 
        has proven to be a highly effective way to engage Americans in meeting a 
        wide range of local and national needs and promoting the ethic of 
        service and volunteering;
Whereas, each year, AmeriCorps provides opportunities for 85,000 citizens across 
        the Nation to give back in an intensive way to their communities;
Whereas those same individuals improve the lives of the Nation's most vulnerable 
        citizens, protect the environment, contribute to public safety, respond 
        to disasters, and strengthen the educational system;
Whereas AmeriCorps members serve thousands of nonprofit organizations, schools, 
        and faith-based and community organizations each year;
Whereas AmeriCorps members, after their terms of service end, are more likely to 
        remain engaged in their communities as volunteers, teachers, and 
        nonprofit professionals;
Whereas, on April 21, 2009, President Barack Obama signed the Edward M. Kennedy 
        Serve America Act, passed by bipartisan majorities in both the House of 
        Representatives and the Senate, which reauthorized and will expand 
        AmeriCorps programs;
Whereas national service programs have engaged millions of Americans in results-
        driven service in the Nation's most vulnerable communities, providing 
        hope and help to people facing economic and social needs;
Whereas, this year, as the economic downturn puts millions of Americans at risk, 
        national service and volunteering are more important than ever; and
Whereas 2010's AmeriCorps Week, observed May 8 through May 15, provides the 
        perfect opportunity for AmeriCorps members, alumni, grantees, program 
        partners, and friends to shine a spotlight on the work done by members 
        and to motivate more Americans to serve their communities: Now, 
        therefore, be it
    Resolved, That the House of Representatives--
            (1) encourages all citizens to join in a national effort to salute 
        AmeriCorps members and alumni and raise awareness about the importance 
        of national and community service;
            (2) acknowledges the significant accomplishments of the AmeriCorps 
        members, alumni, and community partners; and
            (3) recognizes the important contributions to the lives of our 
        citizens by AmeriCorps members.
            Attest:

                                                                          Clerk.
```
**Exhibit 13.1****CERTIFICATION OF CARLO BOZOTTI, PRESIDENT AND CHIEF EXECUTIVEOFFICER OF STMICROELECTRONICS N.V., AND CARLO FERRO,EXECUTIVE VICE PRESIDENT AND CHIEF FINANCIAL OFFICER OFSTMICROELECTRONICS N.V., PURSUANT TO SECTION 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 STMicroelectronics N.V.(the “Company”) onForm 20-F for theperiod ending December 31, 2005, as filed with theSecurities and Exchange Commission on the date hereof (the“Report”), the undersigned hereby certify that to thebest of our knowledge:     1. The Report fully complies with the requirements ofSection 13(a) of the Securities Exchange Act of1934; and     2. The information contained in the Report fairly presents,in all material respects, the financial condition and results ofoperations of the Company.Date: March 3, 2006     /s/ Carlo Bozotti       Name:  Carlo Bozotti     Title:   President and Chief Executive OfficerDate: March 3, 2006     /s/ Carlo Ferro       Name:  Carlo Ferro Title:    Executive Vice President and Chief Financial Officer
Harold M. NYANJOM, petitioner, v. HAWKER BEECHCRAFT CORP.

No. 15-9803.

Supreme Court of the United States

Nov. 28, 2016.

Motion of petitioner for reconsideration of order denying leave to proceed *in forma pauperis* denied.