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

FOR THE FIFTH CIRCUIT

No. 14-41460

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JOSE JONATHAN MENDOZA,

Defendant-Appellant

Appeals from the United States District Court

for the Eastern District of Texas

USDC No. 4:13-CR-200-11

Before JONES, SOUTHWICK, and COSTA, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Jose Jonathan 

Mendoza has moved for leave to withdraw and has filed a brief in accordance 

with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 

F.3d 229 (5th Cir. 2011). Mendoza has not filed a response. We have reviewed 

counsel’s brief and the relevant portions of the record reflected therein. We 

concur with counsel’s assessment that the appeal presents no nonfrivolous 

 

* 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

December 15, 2015

Lyle W. Cayce

Clerk

 Case: 14-41460 Document: 00513307546 Page: 1 Date Filed: 12/15/2015
No. 14-41460

2

issue for appellate review. Accordingly, counsel’s motion for leave to withdraw 

is GRANTED, counsel is excused from further responsibilities herein, and the 

APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

 Case: 14-41460 Document: 00513307546 Page: 2 Date Filed: 12/15/2015
STATE v. HOLMES.

COA06-51.

Court of Appeals of North Carolina.

Filed November 21, 2006.

Certification Date December 11, 2006.

Appeal from the Moore (02CRS53283, 03CRS785).

Case reported without published opinion. No error.
FRANKLIN v. WIGGINS.

No. COA05-1205.

North Carolina Court of Appeals.

Filed September 5, 2006.

Certification Date September 25, 2006.

Appeal from New Hanover (04CVD4607, 05CVD2064).

Case reported without published opinion. Affirmed.
STATE v. Tywaine Sherell DENNY.

No. 572P06.

Supreme Court of North Carolina.

November 6, 2006.

Jarvis John Edgerton, IV, for Denny.

James C. Gaither, Jr., District Attorney, for State.

Prior report: ___ N.C.App. ___, 635 S.E.2d 438.

The following order has been entered on the motion filed on the 6th day of November 2006 by Attorney General for Temporary Stay:

"Motion Allowed by order of the Court in conference this the 6th day of November 2006."
STATE v. AUSTIN

No. COA06-701

Court of Appeals of North Carolina

Filed May 1, 2007

Certification Date May 21, 2007

Appeal from Jackson (97CRS3031).

Case reported without published opinion. No error.
**Exhibit 11**

 

**PAULA FINANCIAL AND SUBSIDIARIES**

**Computation of Basic and Diluted Earnings PerShare**

(In thousands, except per share data)

 
| ** **                                                                    | ** ** | **Six Months Ended** | ** ** |
|-------------------------------------------------------------------------------|------------|----------------------|------------|
| ** **                                                                    | ** ** | **June 30,**    | ** ** |
| ** **                                                                    | ** ** | **2005**             | ** ** | **2004** | ** ** |
|                                                                          |       |                 |       |   |   |
| Net income                                                                    |       | $                    | 934        |   | $ | 773 |   |
|                                                                          |       |                 |       |   |   |
| Weighted average  shares outstanding for calculating basic earnings per share |       | 6,587,050            |       | 6,441,198 |   |
|                                                                          |       |                 |       |   |   |
| Options                                                                       |       | 218,285              |       | 315,194 |   |
|                                                                          |       |                 |       |   |   |
| Total shares for  calculating diluted earnings per share                      |       | 6,805,335            |       | 6,756,392 |   |
|                                                                          |       |                 |       |   |   |
| Basic earnings  per share                                                     |       | $                    | 0.14       |   | $ | 0.12 |   |
|                                                                          |       |                 |       |   |   |
| Diluted earnings  per share                                                   |       | $                    | 0.14       |   | $ | 0.11 |   |

 

1

----
ASSIGNMENT OF OFFICE LEASE

THIS ASSIGNMENT OF OFFICE LEASE (ASSIGNMENT) is entered into this January 31
day of 1996, by and between EVERGREEN TRUST D.B.A. EVERGREEN CORPORATE CENTER
(Landlord), NORTHERN ARIZONA EYE CLINIC, (Tenant) and VISTA LASER CENTERS OF
THE SOUTHWEST, INC. (Assignee).

                                 RECITALS

  A.)   On or about December 28, 1992, Landlord and Tenant entered into
that certain lease agreement (Lease) pertaining to the lease of Suite 100
(Premises), Evergreen Corporate Center, 15100 N. 78th Way, Scottsdale, AZ.
85260

  B.)   The parties wish to amend the Lease as hereunder provided.

                                AGREEMENTS:

1)      Landlord here!n consents to the Assignment of the above referenced lease
to VISTA LASER CENTERS OF THE SOUTHWEST, INC (Assignee). Tenant agrees that
this assignment shall not relieve Tenant of any responsibility for payment or
performance of the terms, covenants and conditions of the lease in the event
of Assignee's default on the lease agreement.

2)      VISTA LASER CENTERS OF THE SOUTHWEST, INC  agrees to be fully bound to
Lessor to perform all covenants, conditions and payments in regards to the
lease.

3)      The assignment of this lease shall not be deemed a consent to any
subsequent assignment of the lease.

AGREED:

LANDLORD:   /s/  C.N. Ray
            ----------------------------
Evergreen Trust, DBA;
Evergreen Corporate Center


TENANT:     /s/ J. Charles Casebeer
            ----------------------------
Northern Arizona Eye Clinic, Inc.



ASSIGNEE:   /s/ J. Charles Casebeer
            ----------------------------
VISTA LASER CENTERS OF THE SOUTHWEST, INC.
II 

110TH CONGRESS 

2D SESSION S. 3094 

To amend the National Trails System Act to provide for a study of the 

Long Path Trail, a system of trails and potential trails running from 

Fort Lee, New Jersey, to the Adirondacks in New York, to determine 

whether to add the trail to the National Trails System, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 5, 2008 

Mr. LAUTENBERG (for himself, Mr. MENENDEZ, Mrs. CLINTON, and Mr. 

SCHUMER) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To amend the National Trails System Act to provide for 

a study of the Long Path Trail, a system of trails 

and potential trails running from Fort Lee, New Jersey, 

to the Adirondacks in New York, to determine whether 

to add the trail to the National Trails System, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Long Path Trail Study 

5 Act of 2008’’. 


erowe on PROD1PC71 with BILLS
2 

•S 3094 IS

1 SEC. 2. DESIGNATION OF LONG PATH TRAIL FOR STUDY 

2 FOR POTENTIAL ADDITION TO THE NA3 TIONAL TRAILS SYSTEM. 

4 (a) DESIGNATION.—Section 5(c) of the National 

5 Trails System Act (16 U.S.C. 1244(c)) is amended by 

6 adding at the end the following: 

7 ‘‘(44) LONG PATH TRAIL.—The Long Path Trail, a 

8 system of 350 miles of trails and potential trails running 

9 from Fort Lee, New Jersey, to the Adirondack Mountains 

10 in the State of New York.’’. 

11 (b) EXPEDITED REPORT TO CONGRESS.—Notwith12 standing the fourth sentence of section 5(b) of the Na13 tional Trails System Act (16 U.S.C. 1244(b)), the Sec14 retary of the Interior shall, not later than 2 years after 

15 the date of enactment of this Act, submit to Congress the 

16 study required under paragraph (44) of section 5(c) of the 

17 National Trails System Act (16 U.S.C. 1244(c)) (as added 

18 by subsection (a)). 

Æ 


erowe on PROD1PC71 with BILLS
STATE of North Carolina v. William Thomas BAUBERGER.

No. 172A06.

Supreme Court of North Carolina.

December 1, 2006.

Patricia A. Duffy, Assistant Attorney General, Isaac T. Avery, III, Special Deputy Attorney General, Thomas J. Keith, District Attorney, for State of NC.

*ORDER*

The Motion to Consider Supplemental Response of defendant William Thomas Bauberger is allowed. The State is allowed five (5) days from the date of this order to file a response, should it so desire.

By order of the Court in conference, this 1st day of December, 2006.
IN RE S.S.

No. COA06-1668

Court of Appeals of North Carolina

Filed May 1, 2007

Certification Date May 21, 2007

Appeal from Buncombe (06J120).

Case reported without published opinion. Affirmed.
(August 22, 2005)

#### Allied Builders Construction Corp., Plaintiff, v Anastasios Pantelidis et al., Appellants, and Caliope Pantelidis, Respondent, et al., Defendant.

[799 NYS2d 911]

In an action to foreclose a mechanic’s lien against real property, the defendants Anastasios Pantelidis and Andreas Pantelidis appeal from so much of (1) an order of the Supreme Court, Queens County (Golar, J.), dated May 29, 2003, as denied their motion for summary judgment on the counterclaim of Andreas Pantelidis for a judgment of foreclosure and sale of a judgment lien in the sum of $251,800, and (2) an order of the same court dated July 7, 2004, as denied their motion to extend a notice of pendency against the property.

Ordered that the orders are affirmed insofar as appealed from, without costs or disbursements.

Although there is evidence in the record that a judgment lien in the sum of $251,800 was docketed, the appellants nevertheless were not entitled to summary judgment. They failed to es*514tablish their entitlement to judgment as a matter of law, and there are issues of fact as to whether the judgment which was entered by confession of the appellant Anastasios Pantelidis to his brother Andreas Pantelidis “was the result of collusion” *(Spires v Mihou,*273 AD2d 844, 845 [2000]; *see Pantelidis v Pantelidis,*297 AD2d 791 [2002]).

The motion to extend the notice of pendency was properly denied *(see Matter of Sakow,*97 NY2d 436, 442 [2002]; *MCK Bldg. Assoc, v St. Lawrence Univ.,*5 AD3d 911 [2004]; *Hall v Piazza,*260 AD2d 350 [1999]; *Sanders & Assoc, v Hague Dev. Corp.,*131 AD2d 462 [1987]). H. Miller, J.P., Ritter, Goldstein and Skelos, JJ., concur.
STATE of North Carolina v. Michael Shameek SIMMONS.

No. 90P05.

Supreme Court of North Carolina.

March 3, 2005.

Kevin P. Bradley, Durham, for Michael S. Simmons.

Joseph E. Elder, Assistant Attorney General, Kenneth W. Honeycutt, District Attorney, for State.

*ORDER*

Upon consideration of the petition filed on the 8th day of February 2005 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 3rd day of March 2005."
STATE of North Carolina v. Kasey Lee NIPPER.

No. 346PA06.

Supreme Court of North Carolina.

January 26, 2007.

On discretionary review pursuant to N.C.G.S. § 7A-31 of a unanimous decision of the Court of Appeals, ___ N.C.App. ___, 629 S.E.2d 883 (2006), finding no error in a judgment entered on 2 December 2004 by Judge Beverly T. Beal in Superior Court, Catawba County, following defendant's conviction for first-degree arson. Heard in the Supreme Court 10 January 2007.

Roy Cooper, Attorney General, by Sandra Wallace-Smith, Assistant Attorney General, for the State.

David Childers, Mount Holly, for defendant-appellant.

PER CURIAM.

DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.
STATE of North Carolina v. Sammie Donald CORNETT.

No. 304P06.

Supreme Court of North Carolina.

December 14, 2006.

Guy B. Oldaker, III, Winston-Salem, for Sammie D. Cornett.

Patricia A. Duffy, Assistant Attorney General, C. Ricky Bowman, District Attorney, for State of NC.

Prior report: ___ N.C.App. ___, 629 S.E.2d 857.

*ORDER*

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Defendant on the 7th day of June 2006 in this matter pursuant to G.S. 7A-30, and the motion to dismiss the appeal for lack of substantial constitutional question filed by the Attorney General, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dismiss the appeal is

"Allowed by order of the Court in conference, this the 14th day of December 2006."

Upon consideration of the petition filed on the 7th day of June 2006 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 14th day of December 2006."
STATE v. Fernando Scott JACKSON.

No. 85P07.

Supreme Court of North Carolina.

March 8, 2007.

Robert Montgomery, Special Deputy Attorney General, Seth Edwards, District Attorney, for State of NC.

The following order has been entered on the motion filed on the 2nd day of February 2007 by Defendant for Appointment of Counsel:

"Motion Dismissed as moot by order of the Court in conference this the 8th day of March 2007."
#### In the Matter of Harry Mendez, Petitioner, v Glenn S. Goord, as Commissioner of Correctional Services, Respondent.

[800 NYS2d 858]

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was found guilty following a tier III disciplinary hearing of violating prison disciplinary rules prohibiting unauthorized exchange and unauthorized legal .assistance. On administrative appeal, the determination was modified to the extent of dismissing the charge of unauthorized legal assistance. This CPLR article 78 proceeding ensued.

We confirm. The detailed misbehavior report and the testi*1192mony at the hearing provide substantial evidence to support the determination of guilt *(see Matter of Alvarez v Goord,*17 AD3d 945, 945 [2005]; *Matter of Sanders v Goord,*275 AD2d 842, 842-843 [2000]). While the correction officer who issued the report did not witness the actual unauthorized exchange, the record reveals that he gained personal knowledge of the incident by investigating and ascertaining the underlying facts after they occurred *(see*7 NYCRR 251-3.1 [b]; *Matter of Howard v Goord, 9*AD3d 778, 778 [2004], *Iv dismissed*3 NY3d 764 [2004]; *Matter of Bonacci v Goord,*3 AD3d 639, 639 [2004]).

We have examined petitioner’s remaining contentions, including his procedural claims, and find them to be without merit.

Cardona, P.J., Crew III, Spain, Mugglin and Lahtinen, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
KLEBBA v. HARRAH'S N.C. CASINO CO., L.L.C.

No. COA05-749.

North Carolina Court of Appeals.

Filed March 7, 2006.

Certification Date March 27, 2006.

Appeal from Haywood (03CVS737)

Case without published opinion. 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 Annual Report of Omtool, Ltd. (the "Company") on Form 10-K for the period ended December 31, 2004 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"), I, Robert L. Voelk, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted
pursuant to § 906 of the Sarbanes-Oxley Act of 2002, to my knowledge that:



|/s/ROBERT L. VOELKRobert L. Voelk Chief Executive
Officer |  | 
|--------------------------------------------------------- |  | 
|March 28, 2005                                            |  | 

---



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<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                         136,477
<SECURITIES>                                         0
<RECEIVABLES>                                   14,429
<ALLOWANCES>                                         0
<INVENTORY>                                          0
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<PP&E>                                      51,529,347
<DEPRECIATION>                               2,025,219
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</TABLE>
STATE v. McALWAIN

No. COA06-672.

Court of Appeals of North Carolina.

Filed March 20, 2007.

Certification Date April 9, 2007.

Appeal from Stanly (04CRS50806, 04CRS4038).

Case Reported Without Published Opinion. Affirmed.
STATE of North Carolina v. Michael Iver PETERSON.

No. 547A06.

Supreme Court of North Carolina.

January 25, 2007.

Thomas Maher, Chapel Hill, for Peterson.

John G. Barnwell, Raleigh, Michael Nifong, District Attorney, for State of NC.

Prior report: ___ N.C.App. ____, 634 S.E.2d 594.

*ORDER*

Upon consideration of the petition for discretionary review, filed by Defendant on the 17th day of October 2006 in this matter pursuant to G.S. 7A-31 and the Appellate Rule 16(b) as to issues in addition to those presented as the basis for the dissenting opinion in the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the petition for discretionary review as to additional issues is

"Denied by order of the Court in conference, this the 25th day of January 2007."
DURHAM LAND OWNERS v. DURHAM COUNTY.

No. 343P05-2.

Supreme Court of North Carolina.

June 15, 2006.

Henry C. Fordham, Jr., Apex, for Durham County Land Owners, et al.

Grayson Kelley, Senior Deputy Attorney General, for State of NC.

*470The following order has been entered on the motion filed on the 12th day of June 2006 by Defendant for Temporary Stay:

"Motion Denied by order of the Court in conference this the 15th day of June 2006."
Exhibit 23.1







CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM







We have issued our report dated June 3, 2011, with respect to the consolidated financial statements and schedule included in the Annual Report of INX Inc. on Form 10-K for the year ended December 31, 2010.  We hereby consent to the incorporation by reference of said report in the Registration Statements of INX Inc. on Forms S-8 (File No. 333-150902, effective May 14, 2009, File No. 333-60320, effective May 7, 2001 and File No. 333-41001, effective November 25, 1997).




/s/ GRANT THORNTON LLP





Chicago, Illinois


June 3, 2011
RONALD G. HAMMONDS, REV. H.E. EDWARDS, CLIFTON SAMPSON, JR., JOHN KERSHAW, MERNELLE BAXTER DELIA QUAISON, JOHN GINGRAS, PETER COOPER and JEANETTE LOCKLEAR, individually and derivatively as members of LREMC v. LUMBEE RIVER ELECTRIC MEMBERSHIP CORPORATION, ROGER OXENDINE, AMBROSE LOCKLEAR, JR., RUTH OXENDINE, MADIE RAE LOCKLEAR, ROBERT LOCKLEAR, ROBERT STRICKLAND, BROUGHTON OXENDINE, PROCTOR LOCKLEAR, JR., JAMES HARDIN, HERBERT CLARK, MAGGIE HUNT, LACY CUMMINGS, in their official capacity as directors of LREMC, RONNIE HUNT, in his official capacity as President and Chief Executive Officer of LREMC.

No. 385P06

Supreme Court of North Carolina

August 17, 2006

**ORDER**

Upon consideration of the petition filed on the 25th day of July 2006 by Plaintiffs in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

> Denied by order of the Court in conference, this the 17th day of August 2006.
Amend No 1 to Amended & Restated Equity Ownership



 






EXHIBIT 10.55




AMENDMENT NO. 1 TO

SEABULK INTERNATIONAL, INC.

AMENDED AND RESTATED

EQUITY OWNERSHIP PLAN




     WHEREAS, SEABULK INTERNATIONAL, INC., (the “Company”), has heretofore adopted the SEABULK
INTERNATIONAL, INC. AMENDED AND RESTATED EQUITY OWNERSHIP PLAN (the “Plan”); and




WHEREAS, the Company desires to amend the Plan in certain respects; and




WHEREAS,
the Compensation Committee of the Board of Directors of the Company has authorized this amendment on April 18, 2005.




NOW, THEREFORE, the Plan shall be amended as follows, effective as of April 18, 2005:




	I.	 	Section 3.1(d) of the Plan shall be deleted and replaced with the following:






          “(d) The Committee may provide in any Stock Agreement a vesting schedule. The
vesting schedule shall specify when such Awards shall become Vested and thus
exercisable. Notwithstanding any vesting schedule which may be specified in a Stock
Agreement, in the event the Participant terminates within two years following a
Change in Control, such Participant’s Awards granted under the Plan shall become
100% Vested and exercisable.”




	II.	 	As amended hereby, the Plan is specifically ratified and reaffirmed.





	 	 	 	 	 
	 	Seabulk International, Inc.



 

 	 
	 	By:  	/s/ Alan R. Twaits
 	 
	 	 	      Alan R. Twaits 	 
	 	 	      Senior Vice President, General Counsel

      and Secretary