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should not be published and is not precedent except under the limited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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-50971

Conference Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

JUAN HECTOR GUEVARA, II

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas 

USDC No. 2:07-CR-73-ALL

Before GARZA, CLEMENT, and SOUTHWICK, Circuit Judges.

PER CURIAM:*

Juan Hector Guevara, II appeals the sentence imposed following his guilty

plea conviction of possession with intent to distribute less than 50 kilograms of

marijuana. Guevara argues that the district court erred in denying him an

adjustment under U.S.S.G. § 3E1.1 for acceptance of responsibility.

The district court denied the downward adjustment due to Guevara’s use

of drugs while on pretrial release. The district court determined that Guevara’s

drug use was not excused by the fact that a tornado had struck and damaged the

United States Court of Appeals

Fifth Circuit

F I L E D

August 19, 2008

Charles R. Fulbruge III

Clerk
No. 07-50971

2

home where Guevara was staying. The district court’s determination that

Guevara’s drug use was inconsistent with the acceptance of responsibility is not

without foundation. See United States v. Juarez-Duarte, 513 F.3d 204, 211 (5th

Cir.), cert. denied, 128 S. Ct. 2452 (2008); United States v. Watkins, 911 F.2d 983,

984-85 (5th Cir. 1990).

AFFIRMED.
IN RE M.T.

No. COA08-1183.

Court of Appeals of North Carolina.

Filed March 3, 2009.

Certification Date March 23, 2009.

Appeal from Guilford (06JT317).

Case reported without published opinion. Remanded.
EX-4.11



 Exhibit 4.11 
  






 







 The following abbreviations, when used in the inscription on the face of this certificate, shall
be construed as though they were written out in full according to applicable laws or regulations: 

 


					
	TEN COM	 	–	 	as tenants in common
	TEN ENT	 	–	 	as tenants by the entireties
	JT TEN	 	–	 	as joint tenants with right of survivorship and not as tenants in common

 


			
	GIFT MIN ACT–	 	                     Custodian
                     Under
		 	      (Cust)                          (Minor)
		
		 	the                          Transfers to Minors Act
		 	            (State)

 
 

 Additional abbreviations may also be used though not in the above list. 

 

	
	For value received,                      hereby sell, assign and transfer unto

  

			
	  PLEASE INSERT SOCIAL SECURITY OR OTHER

 IDENTIFYING NUMBER OF ASSIGNEE
	  	


			
	 	  	
	 	  	

  

			
	  

	(PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE)
	
	  

	
	  

		
	  
	  	common shares
	represented by the within Certificate, and do hereby irrevocably constitute and appoint


			
		
	  
	  	Attorney
	to transfer the said stock on the books of the within named Corporation with full power of substitution in the premises.


 

							
		 	  Dated	  	  
	  	

  

					
		 	  
	 	
		 	NOTICE: The signature to this assignment must correspond with the name as written upon the face of the certificate in every particular without alteration or enlargement or any change whatever. The signature of the person executing
this power must be guaranteed by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, Securities Broker/Dealer, Credit Union, or a Savings Association participating in a Medallion program approved by the Securities Transfer
Association, Inc.
Exhibit 23.1

                       Consent of Wolf & Company, P.C.


           INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM'S CONSENT


      We consent to the incorporation by reference in the Registration
Statement Number 333-75081 (dated March 24, 1999 on Form S-8) of Mystic
Financial, Inc., of our report dated July 23, 2004, appearing in this
Annual Report on Form 10-K of Mystic Financial, Inc. for the year ended
June 30, 2004.


/s/ Wolf & Company, P.C.

Boston, Massachusetts
September 20, 2004


<PAGE>
[Federal Register Volume 70, Number 177 (Wednesday, September 14, 2005)]
[Rules and Regulations]
[Page 54301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18028]


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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 05-2338; MB Docket No. 04-408, RM-11107]


Radio Broadcasting Services; Hawley and Munday, TX

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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

SUMMARY: At the request of Charles Crawford, the Audio Division allots 
Channel 269A at Hawley, Texas, as that community's first local aural 
transmission service. To accommodate the proposed Hawley allotment, 
Petitioner proposes to modify the site for vacant Channel 270C1 at 
Munday, Texas. See 69 FR 67882, November 22, 2004. Channel 269A is 
allotted at Hawley at Petitioner's requested site 9.8 kilometers (6.1 
miles) southeast of the community at coordinates 32-32-30 NL and 99-45-
00 WL. The site for Channel 270C1 at Munday can be modified to a site 
34 kilometers (21.1 miles) north of the community at coordinates 33-44-
53 NL and 99-42-14 WL.

DATES: Effective October 11, 2005.

ADDRESSES: Federal Communications Commission, 445 Twelfth Street, SW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Victoria M. McCauley, Media Bureau, 
(202) 418-2180.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Report and Order, MB Docket No. 04-408 adopted August 24, 2005, and 
released August 26, 2005. The full text of this Commission decision is 
available for inspection and copying during regular business hours at 
the FCC's Reference Information Center, Portals II, 445 Twelfth Street, 
SW., Room CY-A257, Washington, DC 20554. The complete text of this 
decision may also be purchased from the Commission's duplicating 
contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room 
CY-B402, Washington, DC, 20054, telephone 1-800-378-3160 or http://www.BCPIWEB.com. The Commission will send a copy of this Report and 
Order in a report to be sent to Congress and the Government 
Accountability Office pursuant to the Congressional Review Act, see 5 
U.S.C. 801(a)(1)(A).

List of Subjects in 47 CFR Part 73

    Radio, Radio broadcasting.

0
47 CFR part 73 is amended as follows:

PART 73--RADIO BROADCAST SERVICES

0
1. The authority citation for part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 334 and 336.


Sec.  73.202  [Amended]

0
2. Section 73.202(b), the Table of FM Allotments under Section 
73.202(b), the Table of FM Allotments under Texas is amended by adding 
Hawley, Channel 269A.

Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau.
[FR Doc. 05-18028 Filed 9-13-05; 8:45 am]
BILLING CODE 6712-01-P
#### Richard E. Barnes et al., Respondents, v Oceanus Navigation Corporation, Ltd., Appellant.

[800 NYS2d 850]

In an action, inter alia, to determine the right, title, and interest to certain real property, the defendant appeals from (1) a decision of the Supreme Court, Westchester County (Murphy, J.), entered March 11, 2003, and (2) a judgment of the same court dated July 15, 2003, which, after a nonjury trial, directed the defendant to transfer title to the certain real property to the plaintiffs.

Ordered that the appeal from the decision is dismissed, without costs or disbursements, as no appeal lies from a decision *(see Schicchi v Green Constr. Corp.,*100 AD2d 509 [1984]); and it is further,

Ordered that the appeal from the judgment dated July 15, 2003, is dismissed as academic, without costs or disbursements, as that judgment was vacated by an order and judgment (one paper) of the same court entered February 27, 2004 *(see Barnes v Oceanus Nav. Corp., Ltd.,*21 AD3d 975 [2005] [decided herewith]). Crane, J.P., Santucci, Luciano and Skelos, JJ., concur.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S CONSOLIDATED FINANCIAL STATEMENTS OF INCOME AND CONSOLIDATED BALANCE
SHEET AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
<MULTIPLIER> 1
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-31-1999
<PERIOD-START>                             APR-01-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                       3,388,548
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             3,737,336
<PP&E>                                      18,236,530
<DEPRECIATION>                               5,589,209
<TOTAL-ASSETS>                              16,678,621
<CURRENT-LIABILITIES>                        3,288,766
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    22,628,670
<OTHER-SE>                                (14,495,867)
<TOTAL-LIABILITY-AND-EQUITY>                16,678,621
<SALES>                                      7,089,977
<TOTAL-REVENUES>                             7,089,977
<CGS>                                        3,277,885
<TOTAL-COSTS>                                7,509,699
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              76,834
<INCOME-PRETAX>                              (457,136)
<INCOME-TAX>                                     1,600
<INCOME-CONTINUING>                          (458,736)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (458,736)
<EPS-PRIMARY>                                    (.02)
<EPS-DILUTED>                                    (.02)
        

</TABLE>
Ivan Earl WARREN v. Lawrence PARSONS.

No. 239P15.

Supreme Court of North Carolina.

July 15, 2015.

Ivan Earl Warren, for Warren, Ivan Earl.

Joseph L. Hyde, Assistant Attorney General, For State of North Carolina.

*ORDER*

Upon consideration of the application filed by Petitioner on the 14th of July 2015 in this matter for Writ of Habeas Corpus, the following order was entered and is hereby certified to the Superior Court, Onslow County:

> "Denied by order of the Court in conference, this the 15th of July 2015."
# Council Decision (EU) 2015/1915Show full title

Council Decision (EU) 2015/1915 of 9 October 2015 appointing two Spanish members and three Spanish alternate members of the            Committee of the Regions         

        - Previous
        - Next

U.K.

# Council Decision (EU) 2015/1915                     

# of 9 October 2015

# appointing two Spanish members and three Spanish alternate members of the Committee of the Regions

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 proposals of the Spanish Government,

Whereas:

(1)On 26 January, on 5 February and on 23 June 2015, the Council adopted Decisions (EU) 2015/116(1), (EU) 2015/190(2) and (EU) 2015/994(3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January                              2020.

(2)Two members' seats on the Committee of the Regions have become vacant following the end of the term of office of Mr José Ramón                              BAUZÁ DÍAZ and Ms Cristina MAZAS PÉREZ-OLEAGA,

(3)Three alternate members' seats on the Committee of the Regions have become vacant following the end of the term of office                              of Ms María DE DIEGO DURÁNTEZ, Mr Esteban MAS PORTELL and Ms Inmaculada VALENCIA BAYÓN,

HAS ADOPTED THIS DECISION:

# Article 1U.K.

The following are hereby appointed as members to the Committee of the Regions for the remainder of the current term of office,                     which runs until 25 January 2020:                  
          -  Da. Francina ARMENGOL I SOCIAS, *Presidenta del Gobierno de las Islas Baleares*                          
          -  Da. Rosa EVA DÍAZ TEZANOS, *Vicepresidenta y Consejera de Universidades e Investigación, Medio Ambiente y Politica Social de la Comunidad de Cantabria*                          

# Article 2U.K.

The following are hereby appointed as alternate members to the Committee of the Regions for the remainder of the current term                     of office, which runs until 25 January 2020:                  
          -  Da. María DE DIEGO DURÁNTEZ, *Viceconsejera de Ordenación del Territorio y Relaciones Institucionales de la Comunidad de Castilla y León*                          
          -  D. Marc PONS I PONS, *Consejero de Presidencia del Gobierno de la Islas Baleares*                          
          -  D. Juan José SOTA VERDIÓN, *Consejero de Economía, Hacienda y Empleo de Cantabria*.                         

# Article 3U.K.

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

Done at Brussels, 9 October 2015.

*For the Council*                            

*The President*                            

J. Asselborn                            

1

OJ L 20, 27.1.2015, p. 42.                           

2

OJ L 31, 7.2.2015, p. 25.                           

3

OJ L 159, 25.6.2015, p. 70.
# CE2004065EN.01006501.xml

| 13.3.2004 | EN | Official Journal of the European Union | CE 65/65 |
| --- | --- | --- | --- |

13.3.2004

EN

Official Journal of the European Union

CE 65/65

---

(2004/C 65 E/070)

WRITTEN QUESTION E-1214/03

by Roberta Angelilli (UEN) to the Commission

(2 April 2003)

Subject:   Use of funds under the Framework for action on sustainable urban development in the European Union by the municipality of Macerata

Subject:

In September 2002, the monitoring committee of the Italian Ministry for Economic Affairs issued a report on the spending of EU funds.

The report reveals the alarming slowness and inefficiency with which EU funds are allocated to projects by some regional authorities.

The grave concerns about the inadequate use of European funds by local authorities have frequently been echoed by the Commission.

Bearing in mind that some local authorities, such as the municipality of Macerata, urgently need to use European funds to promote sustainable urban development,

can the Commission state:

| 1. | whether the municipality of Macerata has submitted projects for the Framework for action on sustainable urban development in the European Union? |
| --- | --- |

1.

whether the municipality of Macerata has submitted projects for the Framework for action on sustainable urban development in the European Union?

| 2. | whether the municipality of Macerata has secured funding for these projects? |
| --- | --- |

2.

whether the municipality of Macerata has secured funding for these projects?

| 3. | whether this funding has been used? |
| --- | --- |

3.

whether this funding has been used?

---
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                         252,064
<SECURITIES>                                         0
<RECEIVABLES>                                1,507,269
<ALLOWANCES>                                   333,964
<INVENTORY>                                    387,669
<CURRENT-ASSETS>                             2,734,977
<PP&E>                                      13,056,732
<DEPRECIATION>                               3,453,068
<TOTAL-ASSETS>                              24,935,627
<CURRENT-LIABILITIES>                        6,072,718
<BONDS>                                      5,550,936
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       121,038
<OTHER-SE>                                  13,190,935
<TOTAL-LIABILITY-AND-EQUITY>                24,935,627
<SALES>                                     11,123,438
<TOTAL-REVENUES>                            11,132,226
<CGS>                                        8,407,718
<TOTAL-COSTS>                                2,108,135
<OTHER-EXPENSES>                               340,912
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             206,658
<INCOME-PRETAX>                                275,461
<INCOME-TAX>                                   106,670
<INCOME-CONTINUING>                            168,791
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   168,791
<EPS-BASIC>                                        .01
<EPS-DILUTED>                                      .01


</TABLE>
# C_2023278EN.01002901.xml

| 7.8.2023 | EN | Official Journal of the European Union | C 278/29 |
| --- | --- | --- | --- |

7.8.2023

EN

Official Journal of the European Union

C 278/29

---

Action brought on 26 June 2023 — EvivaMed Distribution v EUIPO — Galencia (VIVORA)

(Case T-347/23)

(2023/C 278/40)

Language in which the application was lodged: German

Parties

Applicant: EvivaMed Distribution GmbH (Wenzenbach, Germany) (represented by: K. Landes, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Galencia AG (Berne, Switzerland)

Details of the proceedings before EUIPO

Applicant for the trade mark at issue: Applicant

Trade mark at issue: Application for the EU word mark VIVORA — Application No 18 255 604

Proceedings before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 26 April 2023 in Case R 1556/2022-1

Form of order sought

The applicant claims that the Court should:

| — | annul and, if appropriate, alter the contested decision in so far as the appeal and the opposition were upheld and the EU trade mark application VIVORA was dismissed in respect of goods and services in Classes 5, 41, 42 and 44; |
| --- | --- |

—

annul and, if appropriate, alter the contested decision in so far as the appeal and the opposition were upheld and the EU trade mark application VIVORA was dismissed in respect of goods and services in Classes 5, 41, 42 and 44;

| — | order EUIPO to pay the costs. |
| --- | --- |

—

order EUIPO to pay the costs.

Plea in law

| — | Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |
| --- | --- |

—

Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

---
GILCHRIST v. GILCHRIST.

No. S09F0077.

Court of Appeals of Georgia.

March 9, 2009.

Judgment affirmed without opinion.
# Council Decision 2014/475/CFSPShow full title

Council Decision 2014/475/CFSP of 18 July 2014 amending Decision 2014/145/CFSP concerning restrictive measures in respect            of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine         

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U.K.

# Council Decision 2014/475/CFSP                     

# of 18 July 2014

# amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial                        integrity, sovereignty and independence of Ukraine                     

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Whereas:

(1)On 17 March 2014, the Council adopted Decision 2014/145/CFSP(1).

(2)In view of the gravity of the situation in Ukraine, the conditions for freezing of funds and economic resources should be                              expanded to target legal persons, entities or bodies materially or financially supporting actions which undermine or threaten                              the territorial integrity, sovereignty and independence of Ukraine.

(3)Further action by the Union is needed in order to implement these measures.

(4)Decision 2014/145/CFSP should be amended accordingly,

HAS ADOPTED THIS DECISION:

# Article 1U.K.

Article 2(1) of Decision 2014/145/CFSP is replaced by the following:

‘1.All funds and economic resources belonging to, or owned, held or controlled by:                  
          -  natural persons responsible for, actively supporting or implementing, actions or policies which undermine or threaten the                              territorial integrity, sovereignty and independence of Ukraine, or stability or security in Ukraine, or which obstruct the                              work of international organisations in Ukraine, and natural or legal persons, entities or bodies associated with them;                         
          -  legal persons, entities or bodies supporting, materially or financially, actions which undermine or threaten the territorial                              integrity, sovereignty and independence of Ukraine; or                         
          -  legal persons, entities or bodies in Crimea or Sevastopol whose ownership has been transferred contrary to Ukrainian law,                              or legal persons, entities or bodies which have benefited from such a transfer,                         

as listed in the Annex, shall be frozen.’.                  

# Article 2U.K.

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

Done at Brussels, 18 July 2014.

*For the Council*                            

*The President*                            

S. Gozi                            

1

Council Decision 2014/145/CFSP of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening                              the territorial integrity, sovereignty and independence of Ukraine (OJ L 78, 17.3.2014, p.16).
#### In the Matter of Anthony Gennuso, Appellant, v City of Dunkirk, Respondent.

[801 NYS2d 204]

Appeal from an order of the Supreme Court, Chautauqua County (Stephen W. Cass, A.J.), entered August 24, 2004. The order denied claimant’s application for leave to serve a late notice of claim.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court. Present— Hurlbutt, J.P., Scudder, Kehoe, Martoche and Hayes, JJ.
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

TAMARA ANGELA GRIFFIN,

Appellant,

v.

JAMES HENRY THOMAS, SR.,

Appellee.

§

§

§

§

§

No. 08-24-00003-CV

Appeal from the

383rd Judicial District Court

of El Paso County, Texas

(TC#2020DCM1006)

J U D G M E N T

The Court has considered this cause on the record and concludes the appeal should be 

dismissed for want of jurisdiction. We therefore dismiss the appeal for want of jurisdiction. It 

appearing to this Court that Appellant is indigent for purposes of appeal, this Court makes no other 

order with respect to costs. We further order this decision be certified below for observance.

IT IS SO ORDERED THIS 13TH DAY OF JUNE 2024.

JEFF ALLEY, Chief Justice

Before Alley, C.J., Palafox and Soto, JJ.