alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NO. 07-08-0281-CR

	IN THE COURT OF APPEALS

	FOR THE SEVENTH DISTRICT OF TEXAS

	AT AMARILLO

	PANEL A

	OCTOBER 1, 2008

	______________________________

	BRANDON LEWIS, APPELLANT

	v.

	THE STATE OF TEXAS, APPELLEE

	_________________________________

	FROM THE 154TH DISTRICT COURT OF LAMB COUNTY;

	NO. 4270; HON. FELIX KLEIN, PRESIDING

	_______________________________

Before CAMPBELL and HANCOCK and PIRTLE, JJ.

	ON ABATEMENT AND REMAND

	Following a plea of true on a motion to revoke probation, appellant Brandon Lewis was sentenced to two years confinement.  He has filed a notice of appeal from the trial court’s judgment and sentence.  The clerk’s record was filed on July 17, 2008, and the reporter’s record on July 7.  The clerk’s record does not contain the trial court’s certification of appellant’s right of appeal as required by Rule 25.2(d) of the Texas Rules of Appellate Procedure.1 

	Consequently, we abate this appeal and remand the cause to the trial court for further proceedings.  On remand, the trial court shall utilize whatever means necessary to secure a proper Certification of Defendant’s Right of Appeal in compliance with Rule 25.2(d).  Once properly completed and executed, the certification shall be included in a supplemental clerk’s record to be filed with the Clerk of this Court by October 31, 2008.

	It is so ordered.

						Per Curiam

Do not publish.
Kellye J. BIBBS, Plaintiff, v. James S. BIBBS, Defendant.

No. COA15-1030.

Court of Appeals of North Carolina.

June 7, 2016.

**CASE REPORTED WITHOUT PUBLISHED OPINION**

Reversed and Remanded.
----

----

**CONSENT OF QUALIFIEDPERSON**

I, **Paul Gribble**, confirmthat:

I am the Qualified Person for theMineral Resources for the Northwest and Hambok deposits detailed in the AnnualInformation Form of Nevsun Resources Ltd. dated February 25, 2015 (“AIF”).

I have read National Instrument43-101 Standards of Disclosure for Mineral Projects (“NI 43-101”) and understandthese Standards as pertains to work for which I am responsible as disclosed inthe AIF.

I am a Geologist, with a Bachelorof Science (Honours) degree from the University of London, graduating in 1977.I am a Fellow in good standing of the Institute of Minerals, Mining andMaterials, membership number 50145 and Chartered Engineer with the EngineeringCouncil, UK, registration number 518788. I have worked as a geologist for morethan 35 years since my graduation from University. Relevant experience has beengained from working in the gold and base metal mining and exploration industry ina variety of relevant projects in Botswana, Ecuador and Eritrea contributingmore than five years of relevant experience. As a result of my experience andqualifications I am a Qualified Person as defined in NI 43-101 as relevant tothe style of mineralization and type of deposit described in the AIF, and tothe activity for which I am accepting responsibility.

I have reviewed the AIF to whichthis statement of consent applies.

I am an Independent MineralResource Geologist of 3 Rye Hill, Latchbrook, Saltash PL12 4UW, England. I am notindependent of the issuer (Nevsun Resources Ltd.) as described by Section 1.5of NI 43-101, as I was formerly employed at the Bisha Mine as Chief ResourceGeologist. My most recent visit to the minesite was in August 2014.

I verify that the information inthe AIF is based on and fairly and accurately reflects in the form and contextin which it appears, the information in my supporting documentation relating toMineral Resources.

I consent to the release of the AIFand this statement of consent by Nevsun Resources Ltd.

Dated this **25th day of February, 2015**

***“Paul Gribble”***__________________________       Signatureof Qualified Person

      PAUL GRIBBLE              Printname of Qualified Person

----
CSX TRANSPORTATION, INC. v. CITY OF FAYETTEVILLE and Public Works Commission of the City of Fayetteville, a/k/a Fayetteville Public Works Commission

City of Fayetteville, Third Party Plaintiff, v. Time Warner Cable Southeast, LLC, Third Party Defendant

No. 235P16

Supreme Court of North Carolina.

September 27, 2016.

*246B. Tyler Brooks, Attorney at Law, Raleigh, Frank L. Gordon, Attorney at Law, for CSX Transportation, Inc.

Natasha M. Barone, Attorney at Law, J. Scott Flowers, Attorney at Law, Fayetteville, for City of Fayetteville, et al.

***ORDER***

Upon consideration of the petition filed on the 21st of June 2016 by Defendants 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 22nd of September 2016."
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT UNITED STATES OF AM ER IC A,

Pla i ntiff-Appe lle e , v. SIM ON JOHN JUDGE, Jr.,

De fe nda nt-Appe l la

nt. No. 15-50533

D.C . No. 3:15-c r-01309-LAB M EM O R ANDUM *

Appe a l from

the Unite d

Stat e s Distric t C ourt for the Southe rn Distric t of C a lifornia Larry A. B urns, Distric t Judge , Pre siding Subm itte d Fe brua

ry 14, 2017 * * B e fore : GOODW IN, FARR IS, an d FER NANDEZ, C irc uit Judge s. Sim on John Judge , Jr., a

ppe a ls from

the distric t c ourt’ s judgm e nt a nd c ha lle nge s the 60-m onth c onc urre nt se nte nc e s im pose d following his guilty -ple a c onvic tions for im

porta tion of he roin a

nd c o c a i ne , in viola

t ion of 21 U.S.C . §§ 952 and 960. W e have jurisdic t ion unde r 28 U.S.C . § 1291, a nd we a ffirm . 

# FIL ED

FEB 27 2017 M OLLY C. DW Y ER, CLERK U . S. CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by Ninth C irc uit R

ule 36-3.

* * The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without oral a

rgum e nt. Se eFe d. R . App. P. 34(a)(2).Judge first c onte n ds tha t the distric t c ourt e rre d by a p ply ing theinc orre c t le ga l sta nda rd to his re que st for a

m inor role re duc tion unde r U.S.S.G. § 3B 1.2. Spe c ific a lly , he argue s tha t the c ourt e rre d by

re l y ing on Unite d State

s v . Hurtado , 760 F.3d 1065 (9th C ir. 2014), whic h he argue s wa s supe rse d e d by Am e ndm e nt 794 (“ t he Am e ndm e nt” ) to the m inor role guide line . R e vie wing de novo, se e Unite d State s v . Quinte ro-Le

y v a , 823 F.3d 519, 522 (9th C ir. 2016), we c onc lude that any e rror wa s ha

rm le ss. Eve n if the Am e ndm e nt a nd Hurtado are in c o nflic t, the c ourt prope rly

a pplie d the Am e ndm e nt; it c om

pa re d Judge to his c opa rtic i pa nts in the offe n s e , a

nd c onside re d the fa c t ors e num e rat e d in theguide line and the tota lity

of the c irc um sta

nc e s, to de t e rm i ne whe the r Judge wa s

“ substa ntia lly le ss c u lpa

b le tha n the ave ra ge pa

rtic ipa nt.” S e eU.S.S.G. § 3B 1.2 c m t. n.3(A), (C ) (2015). C ontra ry to Judge ’ s sugge stion, thec ourt did not deny the m inor role re duc tion ba se d on his e sse ntia l role in the offe n se , or in re lia nc e on a singlefa c t. Judge ne xt c onte nds tha

t the c ourt c le arly

e rre d in finding tha

t he wa s not a m inor pa rtic ipa nt in theoffe nse . In light of the tota lity of the c irc um s ta

nc e s, inc l uding them

ultipletim e s tha

t Judge c rosse d the borde r with m a rijua na se e ds be fore the offe nse , we c o nc l ude tha t the c ourt did not c le a

rly e rr. Se eU.S.S.G. § 3B 1 .2 c m

t. n.3(C ); Quinte ro-Le

y v a , 823 F.3d a

t 522-23. AFFIRM E D. 1 5 - 5 0 5 3 3 2
STATE v. Antwarn Lee ROGERS

63A17-1

Supreme Court of North Carolina.

April 7, 2017

Constance E. Widenhouse, Assistant Appellate Defender, Wyatt Orsbon, Assistant Appellant Defender, for Rogers, Antwarn Lee.

Heather H. Freeman, Assistant Attorney General, Kathleen N. Bolton, Assistant Attorney General, Ben R. David, District Attorney, for State of North Carolina.

The following order has been entered on the Motion for Extension of Time to File Brief filed on the 5th of April 2017 by State of NC:

"Motion Allowed by order of the Court in conference, this the 7th of April 2017."

State of NC shall have up to and including the 15th day of May 2017 to file and serve his/her brief with this Court.
# C_2008171EN.01004902.xml

| 5.7.2008 | EN | Official Journal of the European Union | C 171/49 |
| --- | --- | --- | --- |

5.7.2008

EN

Official Journal of the European Union

C 171/49

---

Order of the Court of First Instance of 14 May 2008 — Slovak Republic v Commission

(Case T-32/07) (1)

1

(2008/C 171/95)

Language of the case: Slovak

Language of the case: Slovak

The President of the Court of First Instance (Third Chamber) has ordered that the case be removed from the register.

---

(1)  OJ C 69, 24.3.2007.

1

---
**EXHIBIT
      32.1**





**CERTIFICATION
      PURSUANT TO 18 U.S.C. SECTION 1350**





In
      connection with the accompanying quarterly report on Form 10-Q of SouthCrest
      Financial Group, Inc. (the “ Company ”)
      for
      the quarter ended March 31, 2007 (the “ Periodic
      Report ”),
      the
      undersigned Chief Executive Officer of the Company, hereby certifies pursuant
      to
      Title 18, Section 1350 United States Code, as adopted pursuant to Section 906
      of
      the Sarbanes-Oxley Act of 2002, to the best of his individual knowledge and
      belief, that the Periodic Report fully complies with the requirements of Section
      13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information
      contained in the Periodic Report fairly presents, in all material respects,
      the
      financial condition and results of operations of the Company.





Dated:
      May 15, 2007




/s/
                Larry T. KuglarLarry
                T. KuglarChief
                Executive Officer****
STATE v. Ronald Thompson CORBETT

317P16-1

Supreme Court of North Carolina.

September 13, 2016

Ronald Thompson Corbett, for Corbett, Ronald Thompson.

Robert C. Montgomery, Special Deputy Attorney General, N. Lorrin Freeman, District Attorney, for State of N.C.

The following order has been entered on the motion filed on the 25th of August 2016 by Defendant for Writ of Prohibition:

"Motion Dismissed by order of the Court in conference, this the 12th of September 2016."
##### 



Exhibit 31.3 CERTIFICATIONS
PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002 I, Thomas Avallone, certify that:  1.
    
    I have reviewed this quarterly report on Form
10-Q of BH/RE, L.L.C.;2.
    
    Based on my knowledge, this report does not
contain any untrue statement of a material fact or omit to
state a material fact necessary to make the statements made,
in light of the circumstances under which such statements were
made, not misleading with respect to the period covered by
this report;3.
    
    Based on my knowledge, the financial statements,
and other financial information included in this report,
fairly present in all material respects the financial
condition, results of operations and cash flows of the
registrant as of, and for, the periods presented in this
report;4.
    
    The registrants other certifying officer(s) and
I are responsible for establishing and maintaining disclosure
controls and procedures (as defined in Exchange Act Rules
13a-15(e) and 15d-15(e)) for the registrant and have: a) Designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our supervision, to
ensure that material information relating to the registrant, including its
consolidated subsidiaries, is made known to us by others within those entities,
particularly during the period in which this report is being prepared; b) Evaluated the effectiveness of the registrants disclosure controls and
procedures and presented in this report our conclusions about the effectiveness
of the disclosure controls and procedures, as of the end of the period covered
by this report based on such evaluation; and c) Disclosed in this report any change in the registrants internal
control over financial reporting that occurred during the registrants most
recent fiscal quarter (the registrants fourth fiscal quarter in the case of an
annual report) that has materially affected, or is reasonably likely to
materially affect, the registrants internal control over financial reporting;
and  5.
    
    The registrants other certifying officer(s) and
I have disclosed, based on our most recent evaluation of
internal control over financial reporting, to the registrants
auditors and the audit committee of the registrants board of
directors (or persons performing the equivalent functions): a) All significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably
likely to adversely affect the registrants ability to record, process,
summarize and report financial information; and b) Any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrants internal control over
financial reporting. Date: August 16, 2004
    /s/ THOMAS AVALLONEThomas AvalloneActing Chief Financial Officer
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3958 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 3958

   To provide for a one-year extension of the Department of Veterans 
  Affairs pilot program on assisted living services for veterans with 
                        traumatic brain injury.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 29, 2014

Mr. Broun of Georgia introduced the following bill; which was referred 
                 to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
   To provide for a one-year extension of the Department of Veterans 
  Affairs pilot program on assisted living services for veterans with 
                        traumatic brain injury.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Healing Our Heroes Act''.

SEC. 2. ONE-YEAR EXTENSION OF DEPARTMENT OF VETERANS AFFAIRS PILOT 
              PROGRAM ON ASSISTED LIVING SERVICES FOR VETERANS WITH 
              TRAUMATIC BRAIN INJURY.

    Section 1705 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 491; 38 U.S.C. 1710C note) is 
amended--
            (1) in subsection (a), by striking ``five-year pilot 
        program'' and inserting ``six-year pilot program''; and
            (2) in subsection (e)(1), by striking ``the completion of 
        the pilot program'' and inserting ``the date on which the pilot 
        program has been carried out for five years''.
                                 <all>
```
Mina Kompani HASHEMI v. Ali Reza HASHEMI-NEJAD

No. 8P17

Supreme Court of North Carolina.

March 16, 2017

John F. Bloss, Attorney at Law, Greensboro, Al Hashemi, for Hashemi-Nejad, Ali Reza.

Mina Kompani Hashemi, for Hashemi, Mina Kompani.

Alicia J. Jurney, Attorney at Law.

***ORDER***

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by Defendant on the 9th of January 2017 in this matter pursuant to G.S. 7A-30 (substantial constitutional question), the following order was entered and is hereby certified to the North Carolina Court of Appeals: the notice of appeal is

"Dismissed Ex Mero Motu by order of the Court in conference, this the 16th of March 2017."

Upon consideration of the petition filed on the 9th of January 2017 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 16th of March 2017."
# C_2008037EN.01001602.xml

| 9.2.2008 | EN | Official Journal of the European Union | C 37/16 |
| --- | --- | --- | --- |

9.2.2008

EN

Official Journal of the European Union

C 37/16

---

Reference for a preliminary ruling from the Tribunale Amministrativo Regionale per la Lombardia (Italy) lodged on 3 December 2007 — Assitur Srl v Camera di Commercio, Industria, Artigianato e Agricoltura di Milano

(Case C-538/07)

(2008/C 37/22)

Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale per la Lombardia

Parties to the main proceedings

Applicant: Assitur Srl

Applicant:

Defendant: Camera di Commercio, Industria, Artigianato e Agricoltura di Milano

Defendant:

Question referred

Does Article 29 of Directive 92/50/EEC (1), in laying down seven grounds for exclusion from participation in service contracts, give an exhaustive list of cases of exclusion and therefore preclude Article 10(1 bis) of Law No 109/94 (now replaced by Article 34, last paragraph, of Legislative Decree No 136/86) from imposing a prohibition on simultaneous participation in a tendering procedure of undertakings which are linked by a relationship of control?

1

---

(1)  OJ L 1992 209, p. 1.

1

---
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 Quarterly Report on Form 10-Q for the quarter ended March 31, 2016 (the “Report”) of Hercules Capital, Inc. (the “Registrant”), as filed with the Securities and Exchange Commission on the date hereof, I, Manuel A. Henriquez, the Chief Executive Officer of the Registrant, certify, to the best of my knowledge, that: 

1) The Report fully complies with the requirements of the Section13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and 

2) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant. 

 

| Date: May 5, 2016 | By:    | /S/ MANUEL A. HENRIQUEZ

    |
|-------------------|--------|-----------------------------------|
|              |   | Manuel A. Henriquez               |
|              |   | Chairman, President, and          |
|              |   | Chief Executive Officer |
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Transportation

###### Federal Aviation Administration

# AGENCY:

Federal Aviation Administration, DOT.

# ACTION:

 Notice.

# SUMMARY:

The Federal Aviation Administration (FAA) announces May 1, 2005, as the deadline for each airport sponsor to notify the FAA that it will use its fiscal year 2005 entitlement funds to accomplish projects identified in the Airports Capital Improvement Plan that was formulated in the spring of 2004.

# FOR FURTHER INFORMATION CONTACT:

Mr. Barry Molar, Manager, Airports Financial Assistance Division, Office of Airport Planning and Programming, APP-500, on (202) 267-3831.

# SUPPLEMENTARY INFORMATION:

Section 47105(f) of title 49, United States Code, provides that the sponsor of each airport to which funds are apportioned shall notify the Secretary by such time and in a form as prescribed by the Secretary, of the sponsor's intent to apply for the funds apportioned to it (entitlements). This notice applies only to those airports that have received such entitlements, except those nonprimary airports located in designated Block Grant States. Notification of the sponsor's intent to apply during fiscal year 2005 for any of its available entitlement funds including those unused from prior years, shall be in the form of inclusion of projects for fiscal year 2005 in the Airports Capital Improvement Plan.

This notice is promulgated to expedite and prioritize grants in the final quarter of the fiscal year. Absent an acceptable application by May 1, 2005, FAA will defer an airport's entitlement funds until the next fiscal year. Pursuant to the authority and limitations in section 47117(f), FAA will issue discretionary grants in an aggregate amount not to exceed the aggregate amount of deferred entitlement funds. Airport sponsors may request unused entitlements after September 30, 2005.

Issued in Washington, DC, on January 14, 2005.

Barry L. Molar,

Manager, Airports Financial Assistance Division.

[FR Doc. 05-1918  Filed 2-1-05; 8:45 am]

BILLING CODE 4910-13-M
i i i i i i

MEMORANDUM OPINION

No. 04-08-00685-CR

James R. HIATT,

Appellant

v.

The STATE of Texas,

Appellee

From the 144th Judicial District Court, Bexar County, Texas

Trial Court No. 2006-CR-2741

Honorable Catherine Torres-Stahl, Judge Presiding

PER CURIAM

Sitting: Phylis J. Speedlin, Justice

Rebecca Simmons, Justice

Steven C. Hilbig, Justice

Delivered and Filed: October 8, 2008

DISMISSED FOR WANT OF JURISDICTION

Appellant was sentenced on May 30, 2008. A timely motion for new trial was filed, and

therefore appellant’s notice of appeal was due to be filed on August 28, 2008; a motion for extension

of time to file a notice of appeal was due on September 12, 2008. See TEX.R. APP. P. 26.2(a), 26.3.

Appellant filed his notice of appeal in the trial court on September 4, 2008, but did not file a motion

for extension of time to file a late notice of appeal in this Court. See TEX. R. APP. P. 26.3. When

a notice of appeal and a motion for extension of time are not filed within the fifteen-day grace period
04-08-00685-CR

-2-

after the deadline for filing notice of appeal, the appellate court lacks jurisdiction. TEX. R. APP. P.

26.3; Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); see also Ater v. Eighth Court of

Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (out-of-time appeal from final felony

conviction may be sought by filing a writ of habeas corpus pursuant to article 11.07 of the Texas

Code of Criminal Procedure). We issued an order on September 19, 2008 directing appellant to

show cause why this appeal should not be dismissed for lack of jurisdiction. Appellant’s counsel

responded in writing and agreed that this Court lacks jurisdiction over this appeal. TEX. R. APP. P.

26.3; Olivo, 918 S.W.2d at 522. Accordingly, the appeal is dismissed for lack of jurisdiction.

PER CURIAM

DO NOT PUBLISH
State of North Carolina v. Marko Stasiv

No. 79P16

Supreme Court of North Carolina.

August 18, 2016

Jarvis John Edgerton, IV, Attorney at Law, for Stasiv, Marko.

Stuart M. Saunders, Assistant Attorney General, Jon David, District Attorney, for State of North Carolina.

***ORDER***

Upon consideration of the petition filed on the 8th of March 2016 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 18th of August 2016."