alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT

________________________ No. 19

- 13205 Non

- Argument Calendar

________________________ D.C. Docket No. 1:18

- cr - 20784

- CMA

- 1
UNITED STATES OF AMERICA, Plaintiff

- Appellee ,
versus
JORGE GARRIDO, Defendant

- Appellant.

________________________ Appeal from the United States District Court for the Southern District of Florida

________________________ (July 7, 2020) Before M ARTIN , L AGOA and D UBINA , Circuit Judges.
PER CURI AM:

Case: 19-13205 Date Filed: 07/07/2020 Page: 1 of 32 Appellant Jorge Garrido (“Garrido”) appeals the district court’s restitution award , included as part of his sentence for conspiracy to commit wire fraud. He argues on appeal that the district court erred by imposing restitution at sentencing without holding a restitution hearing.
I.
We normally review the legality of a restitution order de novo

. United States v. Robertson , 493 F.3d 1322, 1330 (11th Cir. 2007). However, when a defendant raises a challenge to a restitution order for the first time on appeal, as Garrido does here, we review the district court’s order for plain error. United States v. Jones , 289 F.3d 1260, 126 5 (11th Cir. 2002). When a defendant expressly consents to or affirmatively seeks a district court’s decision, he is deemed to have invited any error the court may have made and waives appellate review. See United States v. Brannan , 562 F.3d 1300, 1306 (11th Cir. 2009). When a defendant withdraws his objection and “fully comprehends th e error the court is going to commit and nonetheless agrees [to it],” he has invited the error. United States v. Masters , 118 F.3d 1524, 1526 (11th Cir. 1997).
II. Here, we decline to review Garrido’s restitution order because he invited the
district cou rt to enter the restitution amount at sentencing , which precludes review by this court of any plain error in the district court’s conduct

. Garrido entered into

Case: 19-13205 Date Filed: 07/07/2020 Page: 2 of 33 a joint sentencing recommendation with the government that included a restitution provision for the amount ordered . Hence , in effect, Garrido asked the district court to order the restitution amount he received. Moreover, a review of the record demonstrat es that the district court did not plainly err in awarding the restitution amount because no one disputed the amount at sentencing. Accordingly, we affirm Garrido’s sentence, including the restitution award

. AFFIRMED. Case: 19-13205 Date Filed: 07/07/2020 Page: 3 of 3
In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth

No. 02-17-00199-CR

ROLAND CHRISTOPHER REED,

Appellant

V.

THE STATE OF TEXAS

§

§

§

§

§

On Appeal from the 355th District 

Court

of Hood County (CR13698)

December 31, 2018

Per Curiam

(nfp)

JUDGMENT

This court has considered the record on appeal in this case and holds that there 

was error in the trial court’s judgment. The judgment is modified to delete $45 from 

the total costs assessed, and we likewise modify the bill of costs and the order to 

withdraw funds to delete $45 of the total costs and fines assessed, reducing the total 

costs and fines to $10,464. It is ordered that the judgment of the trial court is 

affirmed as modified.

SECOND DISTRICT COURT OF APPEALS 

PER CURIAM
#### Kelvin BOWMAN, Appellant, v. STATE of Florida, Appellee.

No. 5D03-1729.

District Court of Appeal of Florida, Fifth District.

July 3, 2003.

Rehearing Denied Aug. 21, 2003.

Kelvin Bowman, Chipley, pro se.

No appearance for Appellee.

PER CURIAM.

The Appellant, Kelvin Bowman, appeals the summary denial of his belated Rule 3.850 post-conviction motion. Bowman’s motion is not only untimely, as it was filed well beyond two years after the judgment and sentence in his case became final, but is also successive, as he raises claims of trial court error and ineffective assistance of counsel which could have been raised in a prior 3.850 motion. *See*Fla. R.Crim. P. 3.850(b) and (f). Accordingly, his motion for post-conviction relief was properly denied.

AFFIRMED.

SAWAYA, C.J, MONACO and TORPY, JJ., concur.
#### Ellis D. DOWNS, Petitioner, v. STATE of Florida, Respondent.

No. SC00-2382.

Supreme Court of Florida.

Aug. 21, 2003.

James Marion Moorman, Public Defender, and Deborah K. Brueckheimer, Assistant Public Defender, Tenth Judicial Circuit, Bartow, FL, for Petitioner.

Charles J. Crist, Jr., Attorney General, Robert J. Krauss, Senior Assistant Attorney General, Chief of Criminal Law, and Ronald Napolitano, Assistant Attorney General, Tampa, FL, for Respondent.

PER CURIAM.

We have for review a decision of the Second District Court of Appeal, in which the court certified as a question of great public importance the same question certified by that court and answered in *Burgess v. State,*831 So.2d 137 (Fla.2002). *See Downs v. State,*768 So.2d 1149 (Fla. 2d DCA 2000). We have jurisdiction. *See*Art. V, § 3(b)(4), Fla. Const. We accept jurisdiction in this case, quash the decision of the Second District, and remand for reconsideration in light of our decision in *Burgess.*

It is so ordered.

ANSTEAD, C.J., and PARIENTE, LEWIS, and QUINCE, JJ., concur.

CANTERO, J., dissents with an opinion, in which WELLS and BELL, JJ., concur.

CANTERO, J.,

dissenting.

I would decline to exercise jurisdiction. The argument that petitioner presented, in response to this Court’s order directing him to show cause why our decision in *Burgess v. State,*831 So.2d 137 (Fla.2002), should not control the outcome of this case and why the Court should not decline to exercise jurisdiction in this case, was never presented to either the trial court or the Second District. Therefore, I would decline to exercise jurisdiction.

WELLS and BELL, JJ., concur.
---

CERTIFICATION OF CHIEF EXECUTIVE
OFFICERPURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED
PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, John Curtis, Chief Executive Officer of Greenlite Ventures
Inc. (the Company), hereby certify pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the
best of my knowledge:

| | (i)  | the Quarterly Report on Form 10-QSB of the Company, for
      the fiscal quarter ended December 31, 2005, and to which this
      certification is attached as Exhibit 32 (the Report) fully complies with
      the requirements of Section 13(a) or 15(d) of the Securities Exchange Act
      of 1934, as amended; and
| | ---- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| |      |                                                                                                                                                                                                                                                                                                                            
| | (ii) | the information contained in the Report fairly presents,
      in all material respects, the financial condition and results of
      operations of the Company.                                                                                                                                                           

| | By:    | /s/
      John Curtis  
| | ------ | -----------------------
| |        |                        
| | Name:  | JOHN CURTIS            
| |        |                        
| | Title: | Chief Executive Officer
| |        |                        
| | Date:  | March 7, 2006          

A signed original of this written statement required by
Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to the Company
and will be retained by the Company and furnished to the Securities and Exchange
Commission or its staff upon request.

This certification accompanies the Form 10-QSB to which it
relates, is not deemed filed with the Securities and Exchange Commission and is
not to be incorporated by reference into any filing of the Company under the
Securities Act of 1933 or the Securities Exchange Act of 1934 (whether made
before or after the date of the Form 10-QSB), irrespective of any general
incorporation language contained in such filing.

---
Exhibit 32(a)

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 of NewMarket Corporation (the
Company) for the period ending March 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Thomas E. Gottwald, 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, that:

(1) the Report fully complies with the
requirements of Section 13(a) or 15(d) of the Securities 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.



|    |  |                                      
|--- |  | -------------------------------------
|By: |  | /s/ Thomas E. Gottwald               
|    |  | Thomas E. Gottwald                   
|    |  | President and Chief Executive Officer
|    |  | April 29, 2009
[Federal Register Volume 70, Number 187 (Wednesday, September 28, 2005)]
[Notices]
[Page 56691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19366]


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

FEDERAL MARITIME COMMISSION


Ocean Transportation Intermediary License; Reissuances

    Notice is hereby given that the following Ocean Transportation 
Intermediary licenses have been reissued by the Federal Maritime 
Commission pursuant to section 19 of the Shipping Act of 1984, as 
amended by the Ocean Shipping Reform Act of 1998 (46 U.S.C. app. 1718) 
and the regulations of the Commission pertaining to the licensing of 
Ocean Transportation Intermediaries, 46 CFR part 515.

----------------------------------------------------------------------------------------------------------------
         License No.                             Name/address                             Date reissued
----------------------------------------------------------------------------------------------------------------
018231N......................  All American Cargo-Servicios Nicaraguenses,       August 12, 2005.
                                Corp., 1925 NW. 21 Terrace, Miami, FL 33142.
003170F......................  GAP Forwarding, Inc., 2790 NW 104th Court, Suite  May 11, 2005.
                                101, Miami, FL 33172.
000225F......................  H.W. Robinson & Co., Inc., One Cross Plaza        August 6, 2004.
                                Island, Suite <greek-i>119, Rosedale, NY 11422.
----------------------------------------------------------------------------------------------------------------


Sandra L. Kusumoto,
Director, Bureau of Consumer Complaints and Licensing.
[FR Doc. 05-19366 Filed 9-27-05; 8:45 am]
BILLING CODE 6730-01-P
STATE of North Carolina v. Christopher Shawn FRIONE, Defendant.

No. COA15-1143.

Court of Appeals of North Carolina.

July 5, 2016.

**Case Reported Without Published Opinion**

No Error and No Plain Error.
AddendumtothispensioncommitmentofMarch2519971997Addendum_EN




Addendum to the pension commitment dated 12/13/1996, between the Charles River Wiga Deutschland GmbH company and Dr. Jörg Geller




Old-age pension


Effective 04/01/1997, the irrevocably agreed old-age pension, to be paid for life, of DM 5,600.00, is increased to DM 8,600.00
The relationship to the widow’s pension remains at a percentage of 28.57, applicable to the new pension.




Escalation


The agreed old-age and widow’s pension shall be escalated at 4% annually. This results in the following values until retirement age is reached:


	
			
	 
	Old-age pension
	Widow’s pension

	Effective
	 
	 

	04/1997
	8,600.00
	2,457.00

	04/1998
	8,944.00
	2,555.30

	04/1999
	9,301.80
	2,657.50

	04/2000
	9,673.90
	2,763.80

	04/2001
	10,060.90
	2,874.40

	04/2002
	10,463.30
	2,989.40

	04/2003
	10,881.80
	3,109.00

	04/2004
	11,317.10
	3,233.40

	04/2005
	11,769.80
	3,362.70

	04/2006
	12,240.60
	3,497.20

	04/2007
	12,730.20
	3,637.10

	04/2008
	13,239.40
	3,782.60

	04/2009
	13,769.00
	3,933.90

	04/2010
	14,319.80
	4,091.30

	04/2011
	14,892.60
	4,255.00

	04/2012
	15,488.30
	4,425.20

	04/2013
	16,107.80
	4,602.20








All other provisions of the pension commitment dated 12/13/1996 remain unchanged and shall continue to be valid.


Sulzfeld, March 25, 1997


[signature]
Signature and stamp of the company
Dr. Ilka Monath




[signature]
Signature of the person entitled to the pension,  
Dr. Jörg Geller
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

JACQUELINE S. WAGNER & THOMAS WAGNER,

Petitioners

v.

STANDARD STEEL, LLC,

Respondent :

:

:

:

:

:

:

:

:

:

:

: No. 80 EAL 2017

Petition for Allowance of Appeal from

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 8th day of September, 2017

, the Petition for Allowance of Appeal

is DENIED

.
BID - 03.31.2013-10Q - Exhibit 10.1


EXHIBIT 10.1


SOTHEBY'S NEVADA, INC
5600 Spring Mountain Road, Suite 104
Las Vegas, Nevada 89102


 
March 22, 2013


Acquavella Contemporary Art, Inc.
c/o Mr. William R. Acquavella
300 Pleasure Drive
Flanders, NY 11901


Dear Bill:


This letter agreement amends the Agreement of Partnership (the “Partnership Agreement”) of Acquavella Modern Art, a Nevada general partnership, dated May 29, 1990, between Sotheby's Nevada, Inc., a Nevada Corporation (“Sotheby's Partner”), and Acquavella Contemporary Art, Inc., a Nevada Corporation (“Acquavella Partner”).


By prior letters of amendment, we have agreed to extend the term of the Partnership Agreement through March 31, 2013.  By this letter of amendment, we are agreeing to extend the term of the Partnership Agreement for one additional year through March 31, 2014.  Accordingly, each of the Sotheby's Partner and the Acquavella Partner hereby agree to amend Section 1.5 (iii) of the Partnership Agreement, as heretofore amended, to delete the reference to March 31, 2013 and substitute therefore the date of “March 31, 2014.”


Except as amended hereby, the Partnership Agreement shall remain in full force and effect and is hereby ratified and confirmed.


Please sign this letter agreement in the space provided below.  Upon execution on behalf of the Acquavella Partner, this letter agreement shall be effective as of the date of this letter.


SOTHEBY'S  NEVADA, INC.
 


	
			
	By:
	/s/ WILLIAM F. RUPRECHT
	 

	 
	William F. Ruprecht, President












AGREED AND ACCEPTED 
ACQUAVELLA CONTEMPORARY ART, INC.




	
			
	By:
	/s/ WILLIAM R. ACQUAVELLA
	 

	 
	William R. Acquavella, President
Michigan Supreme Court Lansing, Michigan

Clifford W. Taylor, Chief Justice

Michael F. Cavanagh
Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman, Justices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk September 15, 2006 

# Order

September 15, 2006

131767 & (64)

PHILLIP GULLEY, as Guardian and Conservator of DARNELL HILL, Plaintiff-Appellee,
SC: 131767
v CoA: 259012 Wayne CC: 03-309246-NF
AUTOMOBILE CLUB INSURANCE ASSOCIATION, Defendant-Appellant.

________________ ________________

On order of the Chief Justice, a s tipulation signed by th e attorneys for the parties agreeing to the dismissal of this application for leave to appeal is considered and, IT IS HEREBY ORDERED that the applicati on for leave to appeal is DISMISSED with prejudice and without costs.
## In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth

No. 02

- 23

- 00159

- CR

A SHLEY M ARIE F OWLER

, Appellant

V

.

T HE S TATE OF T EXAS §

§

§

§

§ On Appeal from the 355th District Court

of Hood County ( CR15048 )

February 29, 2024

Memorandum Opinion by Justice Wallach

(nfp)

JUDGMENT

This court has considered the record on appeal in this case and holds that there

was no error in the trial c ou rt’s judgment. It is ordered that the judgment of the trial

court is affirmed.

SECOND DISTRICT COURT OF APPEALS

By _ /s/ Mike Wallach

___________________ Justice Mike Wallach
**Exhibit 32.1****CERTIFICATION**     I, Kevin R. Callahan, Chairman of the Board and Chief Executive Officer of AffirmativeInsurance Holdings, Inc. (the “Company”), certify, pursuant to Section 906 of the Sarbanes-OxleyAct of 2002, 18 U.S.C. Section 1350, to the best of my knowledge, that:(1) the Quarterly Report on Form 10-K of the Company for the quarter endedMarch 31, 2007 (the “Report”) fully complies with the requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of 1934 (15U.S.C. 78m or 78o(d)); and (2) the information contained in the Quarterly Report fairly presents, inall material respects, the financial condition and results ofoperations of the Company.This certificate is being furnished solely for purposes of Section 906.Dated: May 10, 2007                                      /s/ Kevin R. Callahan   Kevin R. Callahan   Chairman of the Board and ChiefExecutive Officer   A signed original of this written statement required by Section 906 has been provided to theCompany and will be retained by the Company and furnished to the Securities and Exchange Commissionor its staff upon request.
Nathaniel BRYANT and Joseph L. Gillespie v. Charles Wilbur BRYANT and Carl Bryant

No. 74P17

Supreme Court of North Carolina.

June 8, 2017

Nathaniel Bryant, for Bryant, Nathaniel.

Joseph L. Gillespie, for Gillespie, Joseph L.

Paul S. Messick, Jr., Attorney at Law, for Bryant, Charles Wilbur, et al.

***ORDER***

Upon consideration of the petition filed by Plaintiff (Nathaniel Bryant) on the 12th of April 2017 in this matter for a writ of certiorari to review the order of the Superior Court, Chatham County, the following order was entered and is hereby certified to the Superior Court of that County:

"Dismissed by order of the Court in conference, this the 8th of June 2017."
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 the Treasury

###### Internal Revenue Service 

# AGENCY:

Internal Revenue Service (IRS), Treasury. 

# ACTION:

Notice. 

# SUMMARY:

An open meeting of the Area 3 Taxpayer Advocacy Panel will be conducted (via teleconference). The Taxpayer Advocacy Panel is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service. 

# DATES:

The meeting will be held Tuesday, March 1, 2005 from 11 a.m. to 12 p.m. ET. 

# FOR FURTHER INFORMATION CONTACT:

Sallie Chavez at 1-888-912-1227, or 954-423-7979. 

# SUPPLEMENTARY INFORMATION:

                    Notice is hereby given pursuant to section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that an open meeting of the Area 3 Taxpayer Advocacy Panel will be held Tuesday, March 1, 2005, from 11 a.m. to 12 p.m. ET via a telephone conference call. If you would like to have the TAP consider a written statement, please call 1-888-912-1227 or 954-423-7979, or write Sallie Chavez, TAP Office, 1000 South Pine Island Rd., Suite 340, Plantation, FL 33324. Due to limited conference lines, notification of intent to participate in the telephone conference call meeting must be made with Sallie Chavez. Ms. Chavez can be reached at 1-888-912-1227 or 954-423-7979, or post comments to the Web site:                     *http://www.improveirs.org.*

The agenda will include: Various IRS issues. 

      ( print page 5514)    
Dated: January 28, 2005. 

Martha Curry, 

Acting Director, Taxpayer Advocacy Panel. 

[FR Doc. 05-1949 Filed 2-1-05; 8:45 am] 

BILLING CODE 4830-01-P
----

Corrigendum to Commission Regulation (EC) No 1937/2004 of 9 November 2004 amending Annexes I, II, III and IV to Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters

(Official Journal of the European Communities L 334 of 10 November 2004)

The publication of Regulation (EC) No 1937/2004 is considered null and void.

----
# Official Journal C 177A/2011

| | ISSN 1725-2423
  doi:10.3000/17252423.CA2011.177.eng |
| --- | --- |
| Official Journal
  of the European Union | C 177A |
| | |
| English edition | Information and Notices | Volume 5417 June 2011 |

ISSN 1725-2423

doi:10.3000/17252423.CA2011.177.eng

Official Journal

of the European Union

C 177A

English edition

Information and Notices

Volume 5417 June 2011

---

| Notice No | Contents | page |
| --- | --- | --- |
| | V   Announcements |
| | ADMINISTRATIVE PROCEDURES |
| | European Personnel Selection Office (EPSO) |
| 2011/C 177A/01 | Reserve list — Open competition — EPSO/AD/178/10 Administrators (AD 5) — Librarianship/Information science | 1 |
| 2011/C 177A/02 | Reserve list — Open competition — EPSO/AD/189/10 (grade AD 7) — Interpreters for Bulgarian (BG) — English-language (EN) interpreters — Dutch-language (NL) interpreters — Interpreters for Romanian (RO) — Interpreters for Slovenian (SL) | 2 |

Notice No

Contents

page

V   Announcements

ADMINISTRATIVE PROCEDURES

European Personnel Selection Office (EPSO)

2011/C 177A/01

Reserve list — Open competition — EPSO/AD/178/10 Administrators (AD 5) — Librarianship/Information science

1

2011/C 177A/02

Reserve list — Open competition — EPSO/AD/189/10 (grade AD 7) — Interpreters for Bulgarian (BG) — English-language (EN) interpreters — Dutch-language (NL) interpreters — Interpreters for Romanian (RO) — Interpreters for Slovenian (SL)

2

---

REVIEW OF COMPETITION C A OJs

Please find below the list of C A published during the present year.

Unless otherwise indicated, OJs are published in all language versions.

| 19 | (PL) |
| --- | --- |
| 24 | |
| 35 | (DE/EN/FR) |
| 37 | (PL/RO) |
| 60 | |
| 68 | |
| 76 | (DE/EN/FR) |
| 82 | |
| 91 | |
| 98 | |
| 114 | (DA) |
| 121 | (DA) |
| 122 | |
| 135 | |
| 140 | (BG/ET/HU/MT/PL/SL/SV) |
| 142 | |
| 146 | |
| 147 | (EN/IT/MT/SV) |
| 155 | (EN/ES/ET/FR/NL/PL/PT/SK/SL/SV) |
| 156 | |
| 157 | |
| 162 | |
| 169 | (EN) |
| 177 | (DE/EN/FR) |

19

(PL)

24

35

(DE/EN/FR)

37

(PL/RO)

60

68

76

(DE/EN/FR)

82

91

98

114

(DA)

121

(DA)

122

135

140

(BG/ET/HU/MT/PL/SL/SV)

142

146

147

(EN/IT/MT/SV)

155

(EN/ES/ET/FR/NL/PL/PT/SK/SL/SV)

156

157

162

169

(EN)

177

(DE/EN/FR)

| EN | |
| --- | --- |

EN