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should not be published and is not precedent except under the limited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. 06-41769

Conference Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

JAVIER PINEDA-GONZALEZ

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 2:06-CR-415-4

Before JOLLY, BENAVIDES, and STEWART, Circuit Judges.

PER CURIAM:*

Javier Pineda-Gonzalez appeals from his conviction of conspiring to

transport undocumented aliens within the United States. He contends that he

was entitled to a downward adjustment to his guideline offense level for minor

participation and acceptance of responsibility.

The presentence reportindicated thatPineda-Gonzalez was a brush guide

who helped conduct a group of 15 undocumented aliens into the country on a

hike that lasted three days and three nights. He was in the cab of the pickup

United States Court of Appeals

Fifth Circuit

F I L E D

October 24, 2007

Charles R. Fulbruge III

Clerk
No. 06-41769

2

used to transport the aliens when it was stopped. One alien saw PinedaGonzalez speaking on a cell phone while in the pickup, and Pineda-Gonzalez had

the telephone number of coconspirator Arturo Garcia-Gonzalez in his wallet.

Pineda-Gonzalez was held accountable only for the aliens transported in the

pickup truck on May 18, 2006. As to that criminal episode, the district court's

finding that he was not a minor participant is not clearly erroneous. See United

States v. Garcia, 242 F.3d 593, 598 (5th Cir. 2001); United States v. Valencia, 44

F.3d 269, 272 (5th Cir. 1995).

Pineda-Gonzalez pleaded guilty after his trial had been underway for two

days. The district court’s determination that Pineda-Gonzalez had not accepted

responsibility for his offense was not without foundation. See United States v.

Sanchez-Ruedas, 452 F.3d 409, 414 (5th Cir.), cert. denied, 127 S. Ct. 315 (2006).

AFFIRMED.
State v. Larry Ricardo Tart

407P15-2

Supreme Court of North Carolina.

August 18, 2016

Larry Ricardo Tart, for Tart, Larry Ricardo.

Robert C. Montgomery, Special Deputy Attorney General, James R. O'Neill, District Attorney, for State of N.C.

The following order has been entered on the motion filed on the 16th of May 2016 by Defendant for Certificate of Appealability:

"Motion Dismissed by order of the Court in conference, this the 18th of August 2016."
# Official Journal C 245/2 Oc

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 245 |
| | |
| English edition | Information and Notices | Volume 472 October 2004 |

ISSN 1725-2423

Official Journal

of the European Union

C 245

English edition

Information and Notices

Volume 472 October 2004

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Council |
| 2004/C 245/1 | Resolution of the representatives of the Governments of the Member States, meeting within the Council of 8 June 2004 supplementary to the resolutions of 23 June 1981, 30 June 1982, 14 July 1986 and 10 July 1995 concerning the introduction of a passport of uniform pattern | 1 |
| | Commission |
| 2004/C 245/2 | Interest rate applied by the European Central Bank to its main refinancing operations: 2,02 % on 1 October 2004 — Euro exchange rates | 2 |
| 2004/C 245/3 | Notice inviting applications for authorisation to prospect for hydrocarbons in block segment K1b of the Dutch continental shelf | 3 |
| 2004/C 245/4 | Notice inviting applications for authorisation to prospect for hydrocarbons in block segment B18b of the Dutch continental shelf | 4 |
| 2004/C 245/5 | Initiation of proceedings (Case COMP/M.3445 — Microsoft/Time Warner/Contentguard) (1) | 5 |

Notice No

Contents

page

I   Information

Council

2004/C 245/1

Resolution of the representatives of the Governments of the Member States, meeting within the Council of 8 June 2004 supplementary to the resolutions of 23 June 1981, 30 June 1982, 14 July 1986 and 10 July 1995 concerning the introduction of a passport of uniform pattern

1

Commission

2004/C 245/2

Interest rate applied by the European Central Bank to its main refinancing operations: 2,02 % on 1 October 2004 — Euro exchange rates

2

2004/C 245/3

Notice inviting applications for authorisation to prospect for hydrocarbons in block segment K1b of the Dutch continental shelf

3

2004/C 245/4

Notice inviting applications for authorisation to prospect for hydrocarbons in block segment B18b of the Dutch continental shelf

4

2004/C 245/5

Initiation of proceedings (Case COMP/M.3445 — Microsoft/Time Warner/Contentguard) (1)

5

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

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

EN
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.                  

###### Small Business Administration

Pursuant to the authority granted to the United States Small Business Administration by the Final Order of the United States District Court for the Eastern District of Missouri, dated August 10, 2005, in Case No. 4:01cv01101 CDP, the United States Small Business Administration hereby revokes the license of Civic Ventures Investment Fund, L.P., a Missouri Limited Partnership, to function as a small business investment company under the Small Business Investment Company License No. 07/07-0099 issued to Civic Ventures Investment Fund, L.P. on August 1, 1997 and said license is hereby declared null and void as of September 9, 2005.

Dated: September 20, 2005.

Small Business Administration. 

Jaime A. Guzman-Fournier, 

Associate Administrator for Investment. 

[FR Doc. 05-19241 Filed 9-26-05; 8:45 am] 

BILLING CODE 8025-01-P
United States Court of Appeals

for the Fifth Circuit ____________

No. 22-10728

Summary Calendar

____________

United States of America, 

Plaintiff—Appellee,

versus

Tracy Dylan Cain,

Defendant—Appellant.

______________________________

Appeal from the United States District Court 

for the Northern District of Texas

USDC No. 2:21-CR-86-1

______________________________

Before Davis, Smith, and Douglas, Circuit Judges.

Per Curiam:*

The attorney appointed to represent Tracy Dylan Cain has moved for 

leave to withdraw and has filed a brief in accordance with Anders v. California, 

386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). 

Cain has not filed a response. We have reviewed counsel’s brief and the 

relevant portions of the record reflected therein. We concur with counsel’s 

_____________________

* This opinion is not designated for publication. See 5th Cir. R. 47.5.

United States Court of Appeals

Fifth Circuit

FILED

June 5, 2023

Lyle W. Cayce

Clerk

Case: 22-10728 Document: 00516775588 Page: 1 Date Filed: 06/05/2023
No. 22-10728

2

assessment that the appeal presents no nonfrivolous issue for appellate 

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

GRANTED, counsel is excused from further responsibilities herein, and 

the appeal is DISMISSED. See 5th Cir. R. 42.2.

Case: 22-10728 Document: 00516775588 Page: 2 Date Filed: 06/05/2023
STATE of North Carolina v. Camellia BROWN

No. 353P16

Supreme Court of North Carolina.

September 26, 2016

Ms. Camellia Boyd Norton Brown, for Brown, Camellia Boyd Norton.

Ms. Anne M. Middleton, Special Deputy Attorney General, Ms. N. Lorrin Freeman, District Attorney, for State of North Carolina.

Ms. Camellia Brown, For Brown, Camellia.

***ORDER***

Upon consideration of the application filed by Defendant on the 26th of September 2016 in this matter for Writ of Habeas Corpus, the following order was entered and is hereby certified to the Superior Court, Wake County:

> "Denied by order of the Court in conference, this the 26th of September 2016."
# Official Journal C 15A/2008

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 15A |
| | |
| English edition | Information and Notices | Volume 5122 January 2008 |

ISSN 1725-2423

Official Journal

of the European Union

C 15A

English edition

Information and Notices

Volume 5122 January 2008

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2008/C 015A/01 | Common catalogue of varieties of vegetable species — second supplement to the 26th complete edition | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2008/C 015A/01

Common catalogue of varieties of vegetable species — second supplement to the 26th complete edition

1

---

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

EN
<PAGE>


                                                                      Exhibit 32

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

                  In connection with the Annual Report of Owosso Corporation
(the "Company") on Form 10-K/A for the year ending October 26, 2003 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, George B. Lemmon, Jr., President, Chief Executive Officer (principal
executive officer, principal financial officer and principal accounting officer)
and Chairman of the Company, certify, pursuant to 18 U.S.C. ss. 1350, as adopted
pursuant to ss. 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.

February 26, 2004
                                             /s/ George B. Lemmon, Jr.
                                             -------------------------
                                             George B. Lemmon, Jr.
                                             President, Chief Executive Officer
                                             (principal executive officer,
                                             principal financial officer and
                                             principal accounting officer) and
                                             Chairman
<PAGE>   1


                                                                    EXHIBIT 23.1

                          CONSENT OF GRANT THORNTON LLP


<PAGE>   2

              CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS

We have issued our reports dated September 11, 1997 accompanying the
consolidated financial statements and schedule of ABR Information Services,
Inc. that are included in or incorporated by reference in the Company's Form
10-K for the year ended July 31, 1997. We hereby consent to the incorporation
by reference of said reports in the Registration Statements of ABR Information
Services, Inc. on Forms S-8 (File No. 33-86520 and 333-17195, effective
November 18, 1994 and December 3, 1996, respectively).



                                    /S/ GRANT THORNTON LLP
                                    GRANT THORNTON LLP

Tampa, Florida
October 14, 1997
# Official Journal L 372/27 D

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 372 |
| | |
| English edition | Legislation | Volume 4927 December 2006 |

ISSN 1725-2555

Official Journal

of the European Union

L 372

English edition

Legislation

Volume 4927 December 2006

---

| Contents | | I   Acts whose publication is obligatory | page |
| --- | --- | --- | --- |
| | * | Decision No 1855/2006/EC of the European Parliament and of the Council of 12 December 2006 establishing the Culture Programme (2007 to 2013) | 1 |
| | * | Directive 2006/116/EC of the European Parliament and of the Council of 12 December 2006 on the term of protection of copyright and certain related rights (codified version) | 12 |
| | * | Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration | 19 |
| | * | Directive 2006/122/EC of the European Parliament and of the Council of 12 December 2006 amending for the 30th time Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (perfluorooctane sulfonates)
   (1) | 32 |

Contents

I   Acts whose publication is obligatory

page

*

Decision No 1855/2006/EC of the European Parliament and of the Council of 12 December 2006 establishing the Culture Programme (2007 to 2013)

1

*

Directive 2006/116/EC of the European Parliament and of the Council of 12 December 2006 on the term of protection of copyright and certain related rights (codified version)

12

*

Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration

19

*

Directive 2006/122/EC of the European Parliament and of the Council of 12 December 2006 amending for the 30th time Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (perfluorooctane sulfonates)
   (1)

32

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
# C_2008092EN.01004801.xml

| 12.4.2008 | EN | Official Journal of the European Union | C 92/48 |
| --- | --- | --- | --- |

12.4.2008

EN

Official Journal of the European Union

C 92/48

---

Order of the Civil Service Tribunal (First Chamber) of 25 February 2008 — Anselmo v Council

(Case F-85/07) (1)

1

(Staff case - Officials - Recruitment - Appointment - Grading - Successful candidates in an internal competition - New evidence - Lack - Manifestly inadmissible)

(2008/C 92/96)

Language of the case: French

Parties

Applicants: Anselmo (Brussels, Belgium) and Others (represented by: S.A. Pappas, lawyer)

Applicants:

Defendant: Council of the European Union

Defendant:

Re:

Annulment of the decisions of the appointing authority rejecting the complaints introduced by the applicants, successful candidates in internal competition B/277, because of discrimination which they maintain that they suffered in comparison with officials who benefited from the attestation procedure.

Operative part of the order

| 1. | The action is dismissed as manifestly inadmissible. |
| --- | --- |

1.

The action is dismissed as manifestly inadmissible.

| 2. | Each party is ordered to pay its own costs. |
| --- | --- |

2.

Each party is ordered to pay its own costs.

---

(1)  OJ C 269, 10.11.2007, p. 71.

1

---
----

            COMMISSION REGULATION (EC) No 2009/2005

of 8 December 2005         

fixing the export refunds on cereals and on wheat or rye flour, groats and meal

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 13(3) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The export refunds on the products listed in Article 1(a), (b) and (c) of Regulation (EC) No 1784/2003, excluding malt, exported in the natural state, shall be as set out in the Annex hereto.

Article 2

This Regulation shall enter into force on 9 December 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 8 December 2005.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

----

(1)OJ L 270, 21.10.2003, p. 78. Regulation as amended by Commission Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005, p. 11).

(2)OJ L 147, 30.6.1995, p. 7. Regulation as last amended by Regulation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50).

----

ANNEX

to the Commission Regulation of 8 December 2005 fixing the export refunds on cereals and on wheat or rye flour, groats and meal

----
IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 21-0213

STATE OF MONTANA,

Plaintiff and Appellee,

v.

JOSHUA GLEN REID,

Defendant and Appellant. 

ORDER

Upon consideration of Appellant’s motion for extension of time, and 

good cause appearing,

IT IS HEREBY ORDERED that Appellant is granted an extension 

of time to and including May 11, 2022, within which to prepare, file, 

and serve Appellant’s opening brief on appeal.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

April 4 2022

04/04/2022

Case Number: DA 21-0213
**Judgment of the Court of First Instance (Sixth Chamber) of 9 December 2008 – Colgate-Palmolive v OHIM – CMS Hasche Sigle (VISIBLE
WHITE)**

**(Case T-136/07)**

Community trade mark – Invalidity proceedings – Community word mark VISIBLE WHITE – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94

Community trade mark – Surrender, revocation and invalidity – Absolute grounds of invalidity (Council Regulation No 40/94, Arts 7(1)(c) and 51(1)(a)) (see paras 45-47)

**Re:**

| | |
| --- | --- |
| | ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 15 February 2007 (Case R 165/2005-4) relating to invalidity proceedings between CMS Hasche Sigle and Colgate-Palmolive Co. |

**Information relating to the case**

| | |
| --- | --- |
| Registered Community trade mark of which cancellation sought: | Word mark VISIBLE WHITE for goods in Class 3 – Community mark No 802793 |
| Proprietor of the trade mark concerned: | Colgate-Palmolive Co. |
| Party applying for cancellation: | CMS Hasche Sigle |
| Decision of the Cancellation Division: | Application for cancellation dismissed |
| Decision of the Board of Appeal: | Decision of the Cancellation Division set aside; declaration annulling the Community trade mark |

**Operative part**

The Court:

| | | |
| --- | --- | --- |
| 1. | | Dismisses the action; |

| | | |
| --- | --- | --- |
| 2. | | Orders Colgate-Palmolive Co. to pay the costs. |
ROCK v. EXECUTIVE OFFICE PARK OF DURHAM ASSOCIATION, INC.

428P17-1

Supreme Court of North Carolina.

December 15, 2017

Martin E. Rock, for Rock, Martin E.

J. Matthew Waters, Attorney at Law, Hope Derby Carmichael, Attorney at Law, Raleigh, for Executive Office Park of Durham Association, Inc.

The following order has been entered on the motion filed on the 14th of December 2017 by Respondent for Temporary Stay:

"Motion Denied by order of the Court in conference, this the 15th of December 2017."
STATE of North Carolina v. Michael Deshawn GILCHRIST

No. 257P17

Supreme Court of North Carolina.

November 1, 2017

Mr. Joseph P. Lattimore, Attorney at Law, For Gilchrist, Michael Deshawn.

Alesia Mikhaulauna Balshakova, Assistant Attorney General, For State of North Carolina.

Mr. R. Andrew Murray, District Attorney, For the State.

***ORDER***

Upon consideration of the petition filed on the 25th of July 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 1st of November 2017."
#### Dennis HYMAN, Appellant, v. STATE of Missouri, Respondent.

No. WD 62216.

Missouri Court of Appeals, Western District.

Aug. 12, 2003.

*118Ruth Sanders, Kansas City, MO, for appellant.

Joel A. Block, Assistant Attorney General, Jefferson City, MO, for respondent.

Before JOSEPH M. ELLIS, Chief Judge, PAUL M. SPINDEN, Judge and RONALD R. HOLLIGER, Judge.

*ORDER*

PER CURIAM.

Dennis Hyman appeals from the denial of his Rule 29.15 motion without an eviden-tiary hearing. After a thorough review of the record, we conclude that the judgment is based on findings of fact that are not clearly erroneous and that no error of law appears. An extended opinion would have no precedential value but a memorandum explaining our reasoning has been provided to the parties.

Judgment affirmed. Rule 84.16(b).