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that this opinion should not be published and is not precedent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.

United States Court of Appeals

Fifth Circuit

FILED

August 20, 2003

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 02-51378

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

BOBBY HUTCHINSON,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. A-02-CR-197-ALL-SS

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

Before JONES, WIENER, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Counsel appointed to represent Bobby Hutchinson has moved

for leave to withdraw and has filed a brief as required by Anders

v. California, 386 U.S. 738 (1967). In response, Hutchinson has

requested that alternate counsel be appointed. 

Our independent review of the brief and the record discloses

no nonfrivolous issue in this direct appeal. Accordingly, the

motion for leave to withdraw is GRANTED, and counsel is excused

for further responsibilities herein. Hutchinson’s motion for the
No. 02-51378

-2-

appointment of alternate counsel is DENIED. The appeal is

DISMISSED. See 5TH CIR. R. 42.2.
# L_2013022EN.01002401.xml

| 25.1.2013 | EN | Official Journal of the European Union | L 22/24 |
| --- | --- | --- | --- |

25.1.2013

EN

Official Journal of the European Union

L 22/24

---

COUNCIL DECISION

of 22 January 2013

appointing a Portuguese member and a Portuguese alternate member of the Committee of the Regions

(2013/62/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,

Having regard to the proposal of the Portuguese Government,

Whereas:

| (1) | On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015. |
| --- | --- |

(1)

On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

| (2) | A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Carlos CESAR. |
| --- | --- |

(2)

A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Carlos CESAR.

| (3) | An alternate member’s seat has become vacant following the end of the term of office of Mr André BRADFORD, |
| --- | --- |

(3)

An alternate member’s seat has become vacant following the end of the term of office of Mr André BRADFORD,

HAS ADOPTED THIS DECISION:

Article 1

The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:

| (a) | as member:






  — | Mr Vasco Ilídio ALVES CORDEIRO, Presidente do Governo Regional dos Açores |
| --- | --- | --- |

(a)

as member:

—

Mr Vasco Ilídio ALVES CORDEIRO, Presidente do Governo Regional dos Açores

and

| (b) | as alternate member:






  — | Mr Rodrigo VASCONCELOS DE OLIVEIRA, Subsecretário Regional da Presidência para as Relações Externas. |
| --- | --- | --- |

(b)

as alternate member:

—

Mr Rodrigo VASCONCELOS DE OLIVEIRA, Subsecretário Regional da Presidência para as Relações Externas.

Article 2

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

Done at Brussels, 22 January 2013.

For the Council

The President

M. NOONAN

---

(1)  
  OJ L 348, 29.12.2009, p. 22.

1

(2)  
  OJ L 12, 19.1.2010, p. 11.

2

---
NOTE: This order is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________

GARY L. THURMAN,

Petitioner

v.

UNITED STATES POSTAL SERVICE,

Respondent

______________________

2022-2196

______________________

Petition for review of the Merit Systems Protection 

Board in No. AT-0752-17-0162-I-1.

______________________

Before DYK, BRYSON, and PROST, Circuit Judges. 

PER CURIAM.

O R D E R

Having considered the parties’ responses to the court’s 

order to show cause, the court now transfers this case to 

the United States District Court for the Northern District 

of Georgia.

Gary L. Thurman appealed to the Merit Systems Protection Board, challenging his removal from the United 

States Postal Service. Before the Board, Mr. Thurman argued that the Postal Service violated Title VII of the Civil 

Rights Act of 1964. After the Board issued its final decision 

Case: 22-2196 Document: 14 Page: 1 Filed: 12/22/2022
2 THURMAN v. USPS

affirming the agency’s removal action, Mr. Thurman filed 

this petition to review that decision. Mr. Thurman states

that he wishes to continue to pursue his Title VII claim, 

ECF No. 3 at 2; ECF No. 6; ECF No. 12.

Although this court has jurisdiction to review certain 

decisions of the Board, in cases involving agency actions 

appealable to the Board and alleged to be based on Title 

VII discrimination, the appropriate forum for review is the 

district court. 5 U.S.C. § 7703(b)(2) (listing cases of discrimination under the Civil Rights Act of 1964); Perry v. 

Merit Sys. Prot. Bd., 137 S. Ct. 1975, 1985 (2017). Here, 

there appears to be no dispute that Mr. Thurman raised a 

discrimination claim before the Board, even though the 

Board declined to consider it on the grounds that it was 

unduly vague and not raised before the administrative 

judge. 

This court, under 28 U.S.C. § 1631, may, if in the interest of justice, transfer a case to another court where it 

“could have been brought at the time it was filed.” Here, 

the Postal Service asserts without contradiction that court 

is the Northern District of Georgia. While the Postal Service urges dismissal over transfer, contending that Mr. 

Thurman’s discrimination claim “is arguably frivolous,”

ECF No. 13-1 at 9, we deem it the better course to transfer

to allow the district court to consider any argument on the 

merits. 

Accordingly,

IT IS ORDERED THAT:

Pursuant to 28 U.S.C. § 1631, this case and all transmittals are transferred to the United States District Court 

Case: 22-2196 Document: 14 Page: 2 Filed: 12/22/2022
THURMAN v. USPS 3

for the Northern District of Georgia.

 December 22, 2022

 Date

FOR THE COURT

/s/ Peter R. Marksteiner

Peter R. Marksteiner

Clerk of Court

Case: 22-2196 Document: 14 Page: 3 Filed: 12/22/2022
I 

110TH CONGRESS 

2D SESSION H. R. 5675 

To amend the Harmonized Tariff Schedule of the United States to revise 

the classification of certain cigars. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 1, 2008 

Mr. MEEK of Florida introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To amend the Harmonized Tariff Schedule of the United 

States to revise the classification of certain cigars. 

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

3 SECTION 1. CERTAIN CIGARS. 

4 (a) IN GENERAL.—Chapter 24 of the Harmonized 

5 Tariff Schedule of the United States is amended by strik6 ing subheading 2402.10.80 and inserting the following 

7 new subheadings and superior text thereto, with such su8 perior text having the same degree of indentation as the 

9 article description for subheading 2402.10.80 as in effect 

10 immediately before the enactment of this Act: 


pwalker on PROD1PC71 with BILLS
2 

•HR 5675 IH

‘‘ Each valued 23¢ or over: 

2402.10.80 Cigars certified as handmade ...... 57¢/kg + 1.4% Free (A, AU, 

BH, CA, CL, 

E, IL, J, MA, 

MX, P, SG) $9.92/kg + 

25% 

2402.10.90 Other ........................................... 57¢/kg + 1.4% Free (A, AU, 

BH, CA, CL, 

E, IL, J, MA, 

MX, P, SG) $9.92/kg + 

25% ’’. 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies with respect to goods entered, or 

3 withdrawn from warehouse for consumption, on or after 

4 the 15th day after the date of the enactment of this Act. 

Æ 


pwalker on PROD1PC71 with BILLS
----

**PAULA        FINANCIAL AND SUBSIDIARIES**

**Computation        of Basic and Diluted Earnings Per Share**

|                                                                                                           |   | **Three                  Months Ended** |      |
|----------------------------------------------------------------------------------------------------------------|--------|-----------------------------------------|-----------|
|                                                                                                           |   | **March                  31,**          |      |
|                                                                                                           |   | **2006**                                |      | **2005** |   |
|                                                                                                           |   |                                    |      |   |   |
| Net                  income                                                                                    |   | $                                       | 801       |   | $ | 661 |   |
|                                                                                                           |   |                                    |      |   |   |   |   |
| Weighted                  average shares outstanding for calculating basic earnings per                  share |   |                                    | 6,504,893 |   |   | 6,592,750 |   |
|                                                                                                           |   |                                    |      |   |   |   |   |
| Options                                                                                                        |   |                                    | 208,646   |   |   | 238,102 |   |
| Total                  shares for calculating diluted earnings per share                                       |   |                                    | 6,713,539 |   |   | 6,830,852 |   |
|                                                                                                           |   |                                    |      |   |   |   |   |
| Basic                  earnings per share                                                                      |   | $                                       | 0.12      |   | $ | 0.10 |   |
|                                                                                                           |   |                                    |      |   |   |   |   |
| Diluted                  earnings per share                                                                    |   | $                                       | 0.12      |   | $ | 0.10 |   |
|                                                                                                           |   |                                    |      |   |   |   |   |
|                                                                                                           |   |                                    |      |   |   |   |   |

----
STATE v. HARRISON.

No. COA06-1492.

Court of Appeals of North Carolina.

Filed August 21, 2007.

Certification Date September 10, 2007.

Appeal from Lincoln (01CRS52476, 02CRS1162).

Case Reported Without Published Opinion. No error.
<TABLE> <S> <C>


<ARTICLE>                     5
<MULTIPLIER>                  1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              JAN-24-1998
<PERIOD-START>                                 JAN-26-1998
<PERIOD-END>                                   JUL-26-1998
<CASH>                                         37,640
<SECURITIES>                                   0
<RECEIVABLES>                                  43,900
<ALLOWANCES>                                   (1,569)
<INVENTORY>                                    416,993
<CURRENT-ASSETS>                               499,818
<PP&E>                                         443,405
<DEPRECIATION>                                 (117,801)
<TOTAL-ASSETS>                                 925,590
<CURRENT-LIABILITIES>                          398,238
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       318
<OTHER-SE>                                     336,418
<TOTAL-LIABILITY-AND-EQUITY>                   925,590
<SALES>                                        773,703
<TOTAL-REVENUES>                               774,477
<CGS>                                          570,790
<TOTAL-COSTS>                                  570,790
<OTHER-EXPENSES>                               199,254
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             5,298
<INCOME-PRETAX>                                (865)
<INCOME-TAX>                                   29
<INCOME-CONTINUING>                            81
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   81
<EPS-PRIMARY>                                  0
<EPS-DILUTED>                                  0
        


</TABLE>
IN RE J.McK.

No. COA06-429.

North Carolina Court of Appeals.

Filed December 19, 2006.

Certification Date January 8, 2007.

Appeal from Orange (04J92).

Case reported without published opinion. Affirmed.
Exhibit 11

PAULA FINANCIAL AND SUBSIDIARIES  Computation of Basic and Diluted Earnings Per Share(In thousands, except per share data)

|                                                                             |  | Three Months Ended
March 31 |      
|---------------------------------------------------------------------------- |  | --------------------------- | -----
|
|Net income (loss)                                                            |  | $                           | 120  
|                                                                             |  |                             |      
|Weighted average shares outstanding for calculating basic earnings per share |  |                             | 5,342
|Options                                                                      |  |                             |     
|                                                                             |  |                             |      
|Total shares for calculating diluted earnings per share                      |  |                             | 5,342
|                                                                             |  |                             |      
|Basic earnings per share                                                     |  | $                           | 0.02 
|                                                                             |  |                             |      
|Diluted earnings per share                                                   |  | $                           | 0.02 
|                                                                             |  |                             |      

---

QuickLinks
# Commission Implementing Regulation (EU) No 381/2013Show full title

Commission Implementing Regulation (EU) No 381/2013 of 25 April 2013 establishing the standard import values for determining            the entry price of certain fruit and vegetables         

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U.K.

# Commission Implementing Regulation (EU) No 381/2013                     

# of 25 April 2013

# establishing the standard import values for determining the entry price of certain fruit and vegetables

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural                           markets and on specific provisions for certain agricultural products (Single CMO Regulation)(1),                        

Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application                           of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors(2), and in particular Article 136(1) thereof,                        

Whereas:

(1)Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations,                              the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products                              and periods stipulated in Annex XVI, Part A thereto.

(2)The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU)                              No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its                              publication in the *Official Journal of the European Union*,

HAS ADOPTED THIS REGULATION:

# Article 1U.K.

The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to                     this Regulation.                  

# Article 2U.K.

This Regulation shall enter into force on the day of its publication in the *Official Journal of the European Union*.                  

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 25 April 2013.

*For the Commission, On behalf of the President*,                           

Jerzy Plewa                            

*Director-General for Agriculture and Rural Development*                            

## ANNEXU.K.Standard import values for determining the entry price of certain fruit and vegetables

1

OJ L 299, 16.11.2007, p. 1.                           

2

OJ L 157, 15.6.2011, p. 1.
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000929528
<NAME> KAYE KOTTS ASSOCIATES, INC.
<MULTIPLIER> 1
<CURRENCY> US-DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<EXCHANGE-RATE>                                      1
<CASH>                                          14,474
<SECURITIES>                                   687,800
<RECEIVABLES>                                  665,571
<ALLOWANCES>                                   290,868
<INVENTORY>                                          0
<CURRENT-ASSETS>                             1,170,044
<PP&E>                                         711,654
<DEPRECIATION>                                 258,798
<TOTAL-ASSETS>                               1,885,907
<CURRENT-LIABILITIES>                        2,137,168
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        24,034
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 1,885,907
<SALES>                                      1,172,731
<TOTAL-REVENUES>                             1,183,215
<CGS>                                                0
<TOTAL-COSTS>                                1,762,603
<OTHER-EXPENSES>                                24,220
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              24,220
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (603,608)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (603,608)
<EPS-PRIMARY>                                    (.25)
<EPS-DILUTED>                                        0
        

</TABLE>
# L_2013193EN.01001701.xml

| 16.7.2013 | EN | Official Journal of the European Union | L 193/17 |
| --- | --- | --- | --- |

16.7.2013

EN

Official Journal of the European Union

L 193/17

---

DECISION OF THE EUROPEAN PARLIAMENT

of 3 July 2013

electing the European Ombudsman

(2013/377/EU, Euratom)

THE EUROPEAN PARLIAMENT,

Having regard to the Treaty on the Functioning of the European Union, and in particular the third paragraph of Article 24 and Article 228 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,

Having regard to its Decision 94/262/ECSC, EC, Euratom of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman’s duties (1),

Having regard to Rule 204 of its Rules of Procedure,

Having regard to the call for nominations (2),

Having regard to its vote of 3 July 2013,

HAS DECIDED:

to elect Emily O’REILLY to exercise the function of European Ombudsman from 1 October 2013 until the end of the parliamentary term.

Done at Strasbourg, 3 July 2013.

For the European Parliament

The President

M. SCHULZ

---

(1)  
  OJ L 113, 4.5.1994, p. 15.

1

(2)  
  OJ C 96, 4.4.2013, p. 24.

2

---
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 95-40362 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

BOYD ALLEN COFFEE,

Defendant-Appellant.

Appeal from the United States District Court for the

Eastern District of Texas

(4:94-CR-22-3)

January 31, 1996 Before GARWOOD, DUHÉ and BARKSDALE, Circuit Judges.

PER CURIAM: *

Defendant-appellant Boyd Allen Coffee (Coffee) appeals the

district court’s judgme nt sentencing him to thirty-three months’

imprisonment. Coffee argues only that his trial counsel was

i neffective for failing to object to the four-point upwar d

adj ustment to his offense level for leader/organizer status. No

such contention was raised below. For that reason, and because the2

record before us does not demonstrate that the requisites of such

a claim are established, we follow the general rule and decline to

review this contention, and we accordingly hereby aff irm the

judgement below. S ee United States v. Munoz-Romo
, 947 F.2d 170,

179 (5th Cir. 1991). Our affirmance, however, is without prejudice

to whatever right Coffee would otherwise have to pursue his claim

of ineffective assistance of counsel in appropriate proceedings

under 28 U.S.C. § 2255.

AFFIRMED