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that this opinion should not be published and is not precedent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. 98-20685

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

GRATINIANO TOVAR-VALENCIA, also known as

Carlos Alberto Ramirez-Hurtado, also known as

Daniel Gonzalez Velazquez, also known as Grati,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

USDC No. H-97-CR-168-1

- - - - - - - - - -

April 26, 1999

Before KING, Chief Judge, STEWART, and PARKER, Circuit Judges.

PER CURIAM:*

Court-appointed counsel for Gratiniano Tovar-Valencia has

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

Anders v. California, 386 U.S. 738 (1967). Tovar-Valencia has

filed a response. Our independent review of counsel’s brief, the

record, and Tovar-Valencia’s response discloses no nonfrivolous

issue. Accordingly, counsel’s motion to withdraw is GRANTED,

counsel is excused from further responsibilities herein, and 
No. 

-2-

Tovar-Valencia’s APPEAL is DISMISSED.
IN THE

TENTH COURT OF APPEALS

No. 10-18-00316-CV

IN THE MATTER OF M.T.F.-S.

From the County Court at Law

Coryell County, Texas

Trial Court No. 18-2333

A B A T E M E N T ORDER

On September 21, 2018, the trial court, sitting as a juvenile court, signed an order 

waiving jurisdiction over this case and transferring Appellant, a seventeen-year-old 

juvenile, to district court. See TEX. FAM. CODE ANN. § 54.02. Appellant filed a notice of 

appeal on October 9, 2018.

On November 30, 2018, the Clerk of this Court notified Appellant that the $205 

filing fee in this cause was past due and that the appeal would be dismissed if Appellant 

did not either establish the right to proceed without payment of costs or pay the filing fee 

within fourteen days of the date of the letter. No response has been received from 

Appellant.
In the Matter of M.T.F.-S. Page 2

On November 28, 2018, the Clerk of this Court notified Appellant that we have not 

received the docketing statement and that the docketing statement must be filed within 

twenty-one days of the date of the letter. No response has been received from Appellant.

Appellant’s brief was originally due on or before November 14, 2018. When no 

brief was filed, the Clerk of this Court notified Appellant by letter dated November 28, 

2018 that the brief was late and that, unless a brief or satisfactory response was received 

within fourteen days, the Court would abate the appeal to the trial court for a hearing to 

determine why a brief has not been filed on Appellant’s behalf and to assure that 

Appellant is receiving effective assistance of counsel. No brief or response has been 

received from Appellant.

In light of the foregoing, the Court abates this cause to the trial court for a hearing 

to determine: (1) why the Court has received no response from Appellant; (2) whether 

Appellant still desires to proceed with this appeal; (3) whether Appellant’s attorney has 

abandoned the appeal; and (4) whether the appointment of an attorney to represent 

Appellant in this appeal is necessary.

The trial court shall conduct the hearing within 14 days after the date of this Order. 

The trial court clerk and court reporter shall file supplemental records within 28 days 

after the date of this Order.

PER CURIAM
In the Matter of M.T.F.-S. Page 3

Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins

Order issued and filed January 9, 2019
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4067 Enrolled Bill (ENR)]

        H.R.4067

                     One Hundred Thirteenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Friday,
           the third day of January, two thousand and fourteen

                                 An Act

 
     To provide for the extension of the enforcement instruction on 
supervision requirements for outpatient therapeutic services in critical 
             access and small rural hospitals through 2014.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. EXTENSION OF ENFORCEMENT INSTRUCTION ON SUPERVISION 
REQUIREMENTS FOR OUTPATIENT THERAPEUTIC SERVICES IN CRITICAL ACCESS AND 
SMALL RURAL HOSPITALS THROUGH 2014.
    The Secretary of Health and Human Services shall continue to apply 
through calendar year 2014 the enforcement instruction described in the 
notice of the Centers for Medicare & Medicaid Services entitled 
``Enforcement Instruction on Supervision Requirements for Outpatient 
Therapeutic Services in Critical Access and Small Rural Hospitals for 
CY 2013'', dated November 1, 2012 (providing for an exception to the 
restatement and clarification under the final rulemaking changes to the 
Medicare hospital outpatient prospective payment system and calendar 
year 2009 payment rates (published in the Federal Register on November 
18, 2008, 73 Fed. Reg. 68702 through 68704) with respect to 
requirements for direct supervision by physicians for therapeutic 
hospital outpatient services).

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
COURT OF APPEALS OF VIRGINIA

Present: Judges Humphreys, Be ales and Senior Judge Fitzpatrick

HENRY COUNTY PALLET COMPANY, INC. AND FORESTRY MUTUAL INSURANCE COMPANY MEMORANDUM OPINION * v. Record No. 2199-06-2 PER CURIAM JANUARY 30, 2007 MARCELO H. VAZQUES

FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION (R. Ferrell Newman; Newman & Wright, RLLP, on brief), for appellants. (J. William Snyder, Jr .; Crumley & Associates , P.C., on brief), for appellee. 1

Henry County Pallet Company, Inc. and its insurer appeal a decision of the Workers’ Compensation Commission finding th at (1) Marcelo H. Vazques (c laimant) was not required to prove a change in condition since Deputy Commissioner Link’s February 7, 2005 opinion denying his previous request for a myoelectric prosthetic arm; (2) the myoelectric arm is reasonable and necessary medical treatment for claimant’s compensable right arm injury; and (3) his claim was not barred by the doctrine of res judicata. We ha ve reviewed the record and the commission’s opinion and fi nd that this appeal is without meri t. Accordingly, we affirm for the reasons stated by the commission in its final opinion. See Vazques v. Henry County Pallet Company, Inc. , VWC File No. 217-62-06 (Aug. 2, 2006). We dispense with oral argument and summarily affirm because the facts and legal contentions are adequately presented in the

* Pursuant to Code § 17.1-413, this opin ion is not designated for publication.

1 Appellee’s brief was not timely filed.- 2 - materials before the Court and argument woul d not aid the decisional process. See Code § 17.1-403; Rule 5A:27.

Affirmed.
United States Court of Appeals

For the First Circuit

No. 07-1651

UNITED STATES OF AMERICA,

Appellee,

v.

SEVERIN YELAUN,

Defendant, Appellant.

ERRATA SHEET

The opinion of this Court, issued on August 27, 2008, should be

amended as follows:

On page 6, line 19, remove extra space after "context".

On page 9, line 3, "counts 43-58," should be "counts 44-58,".

On page 12, line 15, delete "were".
Exhibit
        32.1
 
 CERTIFICATION
 OF
 CHIEF
        EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
 
 Pursuant
        to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
        Sarbanes-Oxley Act of 2002, each of the undersigned officers of PureDepth,
        Inc.
        do hereby certify that:
 
 (a)
        the
        quarterly report on Form 10-QSB/A of PureDepth, Inc. for the period ended
        October 31, 2006 (the “Report”) fully complies with the requirements of Section
        13(a) or 15(d) of the Securities Exchange Act of 1934; and
 
 (b)
        information contained in the Report fairly presents, in all material respects,
        the financial condition and results of operations of PureDepth,
        Inc.
  
 Dated:
        December 4, 2007
 
 
 /s/
        Thomas L. Marcus
 
 Thomas
        L.
        Marcus
 Chief
        Executive Officer
  
 /s/
        Jonathan J. McCaman
 
 Jonathan
        J. McCaman
 Chief
        Financial Officer
# C_2009019EN.01002902.xml

| 24.1.2009 | EN | Official Journal of the European Union | C 19/29 |
| --- | --- | --- | --- |

24.1.2009

EN

Official Journal of the European Union

C 19/29

---

Order of the Court of First Instance of 27 October 2008 — S.C. Gerovital Cosmetics v OHIM — S.C. Farmec (GEROVITAL H3 Prof. Dr. A. Aslan)

(Case T-163/07) (1)

1

(Community trade mark - Invalidity proceedings - Withdrawal of the application for a declaration of invalidity - No need to adjudicate)

(2009/C 19/56)

Language of the case: English

Parties

Applicant: S.C. Gerovital Cosmetics S.A. (Ilfov County, Romania) (represented by: D. Boștină, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the Court of First Instance: S.C. Farmec S.A. (Cluj Napoca, Romania) (represented by: G. Turcu and M. Rosu, lawyers)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the Court of First Instance:

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 27 February 2007 (Case R 271/2006-2) relating to invalidity proceedings between S.C. Farmec S.A. and S.C. Gerovital Cosmetics S.A.

Operative part of the order

| 1. | There is no longer any need to adjudicate on the present action. |
| --- | --- |

1.

There is no longer any need to adjudicate on the present action.

| 2. | S.C. Gerovital Cosmetics S.A. and S.C. Farmec S.A. shall each bear their own costs and half of those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). |
| --- | --- |

2.

S.C. Gerovital Cosmetics S.A. and S.C. Farmec S.A. shall each bear their own costs and half of those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

---

(1)  OJ C 183, 4.8.2007.

1

---
UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 07-1796

SAMUEL J. JUNIPER, 

 Plaintiff - Appellee, 

 v. 

M&G POLYMERS USA, LLC, 

 Defendant – Appellant. 

Appeal from the United States District Court for the Southern 

District of West Virginia, at Huntington. Robert C. Chambers, 

District Judge. (3:03-cv-00572) 

Submitted: September 25, 2008 Decided: October 10, 2008 

Before NIEMEYER, MOTZ, and KING, Circuit Judges. 

Affirmed by unpublished per curiam opinion. 

Philip A. Miscimarra, Charis A. Runnels, MORGAN, LEWIS & 

BOCKIUS, LLP, Chicago, Illinois, for Appellant. Anne E. 

Shaffer, Mark F. Underwood, UNDERWOOD & PROCTOR, Huntington, 

West Virginia, for Appellee. 

Unpublished opinions are not binding precedent in this circuit. 
2 

PER CURIAM: 

M&G Polymers USA, LLC, appeals the district court’s 

order accepting the recommendation of the magistrate judge and 

granting Samuel J. Juniper’s summary judgment motion in this 

Employee Retirement Income Security Act action. We have 

reviewed the record and find no reversible error. Accordingly, 

we affirm for the reasons stated by the district court. Juniper 

v. M&G Polymers USA, LLC, No. 3:03-cv-00572 (S.D. W. Va. July 

12, 2007). We dispense with oral argument because the facts and 

legal contentions are adequately presented in the materials 

before the court and argument would not aid the decisional 

process. 

AFFIRMED
----

----

**Section906 Certifications**

CERTIFICATIONPURSUANT TO18 U.S.C. § 1350AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Inconnection with the annual report of **Nevsun Resources Ltd.** (the“Company”) on Form 40-F for the fiscal year ending **December 31, 2016**, asfiled with the Securities and Exchange Commission on the date hereof (the"Report"), **I**, **Thomas S. Whelan, Chief Financial Officer**of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuantto Section 906 of the Sarbanes-Oxley Act of 2002, that:

| 1. | The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities and Exchange Act of 1934; and |
|----|---------------------------------------------------------------------------------------------------------------------------|

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

| Dated: | **February 23, 2017** |
|--------|-----------------------|

|   | **/s/ *Thomas S. Whelan***   |
|--------|------------------------------|
| By:    | *__________________________* |

|   | ****Thomas S. Whelan****Chief Financial Officer** |
|--------|---------------------------------------------------|

----
Exhibit 10.2


 


ASSIGNMENT AND ASSUMPTION OF PURCHASE
AND SALE AGREEMENT 


 


For good and valuable consideration
the receipt and sufficiency of which is hereby acknowledged, the undersigned, Inland Real Estate Acquisitions, Inc., an
Illinois corporation, (“Assignor”), hereby assigns to IREIT West Bend Main, L.L.C., a Delaware limited liability
company (“Assignee”), all of Assignor’s right, title and interest as a party to that certain Purchase and Sale
Agreement dated April 4, 2014 (as amended, the “Purchase Agreement”) by and between Assignor, as the buyer, and South
Main Center, Inc., a Wisconsin corporation, as the seller, with respect to the purchase and sale of certain real property and improvements
listed on Exhibit A attached hereto and as further described in the Purchase Agreement (“Property”).


 


By execution hereof by
Assignee, Assignee for itself and its successors and assigns hereby accepts the assignment and assumes all of the obligations of
Assignor under the Purchase Agreement with respect to the Property; provided, however, Assignor agrees to remain liable under the
Purchase Agreement as if Assignor is still a party to such Purchase Agreement.


 


This Assignment is effective
as of the 11th day of July, 2014.


 


	 	ASSIGNOR:	
        Inland Real Estate Acquisitions, Inc.,

        an Illinois corporation

	 	 	 	 	 
	 	 	By:	/s/ Sharon Anderson-Cox
	 	 	Name:	Sharon Anderson-Cox
	 	 	Its:	SVP
	 	 	 	 	 
	 	ASSIGNEE:	
        IREIT West Bend Main, L.L.C., a Delaware

        Limited liability company

	 	 	 	 	 
	 	 	By:	
        Inland Real Estate Income Trust, Inc., a

        Maryland corporation, its sole member

	 	 	 	 	 
	 	 	 	By:	/s/ Marcia Grant
	 	 	 	Name:	Marcia Grant
	 	 	 	Its:	Assistant Secretary
	 	 	 	 	 	 


 




    	 



    	 



    

EXHIBIT A


 


LEGAL DESCRIPTION


 


(see attached)
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3941 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 3941

 To amend the Internal Revenue Code of 1986 to extend for one year the 
               deduction for mortgage insurance premiums.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 28, 2014

 Mr. Grayson introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
 To amend the Internal Revenue Code of 1986 to extend for one year the 
               deduction for mortgage insurance premiums.

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

SECTION 1. EXTENSION OF MORTGAGE INSURANCE PREMIUMS TREATED AS 
              QUALIFIED RESIDENCE INTEREST.

    (a) In General.--Subclause (I) of section 163(h)(3)(E)(iv) of the 
Internal Revenue Code of 1986 is amended by striking ``December 31, 
2013'' and inserting ``December 31, 2014''.
    (b) Effective Date.--The amendments made by this section shall 
apply to amounts paid or accrued after December 31, 2013.
                                 <all>
```
**Exhibit 31.1**

 

**Certifications**

 

I, J.A. Cardwell, Sr., certify that: 

 

1. I have reviewed this annual report on Form 10-K of Petro Financial Corporation; 

 

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 tomake 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 financialcondition, 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 ActRules 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 consolidatedsubsidiaries, 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 theeffectiveness 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 mostrecent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting. 

 

5. The registrant’s other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control overfinancial reporting, to the registrant’s auditors and the audit committee of 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 financialreporting 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 controlover financial reporting. 

 

Date: March 29, 2005
[Federal Register Volume 70, Number 184 (Friday, September 23, 2005)]
[Notices]
[Page 55858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19031]


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

FEDERAL RESERVE SYSTEM


Formations of, Acquisitions by, and Mergers of Bank Holding 
Companies; Correction

    This notice corrects a notice (FR Doc. 05-54746) published on page 
54746 of the issue for Friday, September 16, 2005.
    Under the Federal Reserve Bank of Chicago heading, the entry for 
Capitol Bancorp, Ltd., Lansing, Michigan, is revised to read as 
follows:
    A. Federal Reserve Bank of Chicago (Patrick M. Wilder, Assistant 
Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414:
    1. Capitol Bancorp, Ltd., Lansing, Michigan, and Capitol 
Development Bancorp, Limited I, Lansing, Michigan; to acquire 51 
percent of the voting shares of Bank of Belleville, Belleville, 
Illinois (in organization).
    Comments on this application must be received by October 13, 2005.

    Board of Governors of the Federal Reserve System,
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. 05-19031 Filed 9-22-05; 8:45 am]
BILLING CODE 6210-01-S
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-50275 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus MUNDO VIERO-MARTINEZ, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. DR-99-CR-601-1

-------------------- October 29, 2001 Before WIENER, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM: * Mundo Viero-Martinez appeals the 45-month term of imprisonment imposed following his guilty plea conviction of being found in the United States after removal in violation of 8 U.S.C. § 1326. He contends that the sentence is invalid because it exceeds the two-year maximum term of imprisonment prescribed in 8 U.S.C. § 1326(a). Viero-Martinez complains that his sentence was improperly enhanced pursuant to 8 U.S.C. § 1326(b)(2) based on his prior removal following an aggravated felony conviction. He arguesNo. 01-50275 -2- that the sentencing provision violates the Due Process Clause. Alternatively, Viero-Martinez contends that 8 U.S.C. § 1326(a) and 8 U.S.C. § 1326(b)(2) define separate offenses. He argues that the aggravated felony conviction that resulted in his increased sentence was an element of the offense under 8 U.S.C. § 1326(b)(2) that should have been alleged in his indictment. Viero-Martinez acknowledges that his arguments are foreclosed by the Supreme Court’s decision in Almendarez-Torres v. United States , 523 U.S. 224 (1998), but seeks to preserve the issues for Supreme Court review in light of the decision in Apprendi v. New Jersey , 530 U.S. 466 (2000). Apprendi did not overrule Almendarez-Torres

. See Apprendi , 530 U.S. at 489-90; United States v. Dabeit , 231 F.3d 979, 984 (5th Cir. 2000), cert. denied , 121 S. Ct. 1214 (2001). VieroMartinez’s arguments are foreclosed. The judgment of the district court is AFFIRMED. The Government has moved for a summary affirmance in lieu of filing an appellee’s brief. In its motion, the Government asks that the judgment of the district court be affirmed and that an appellee’s brief not be required. The motion is GRANTED. AFFIRMED; MOTION GRANTED.
HARRIS v. SOUTHERN COMMERCIAL GLASS, et al.

346P16-1

Supreme Court of North Carolina.

September 20, 2016

Jonathan C. Anders, Attorney at Law, Tara D. Muller, Attorney at Law, Raleigh, For Southeastern Installation, Inc., et al.

Ray H. Womble, III, Attorney at Law.

Michael A. Swann, Attorney at Law, Lexington, For Harris, Gurney B.

Viral V. Mehta, Attorney at Law, Charlotte, For Southern Commercial Glass, et al.

Carl M. Short, III, Attorney at Law, Charlotte.

The following order has been entered on the motion filed on the 19th of September 2016 by Defendants (Southeastern Installation, Inc. and Cincinnati Insurance Company) for Temporary Stay:

"Motion Allowed by order of the Court in conference, this the 20th of September 2016."