alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion

should not be published and is not precedent except under the limited

circumstances set forth in 5TH CIR. R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-40868

Summary Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

FRANCISCO JAVIER PRIETO-HERNANDEZ

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 5:07-CR-563-1

Before DAVIS, GARZA and PRADO, Circuit Judges.

PER CURIAM:*

Francisco Javier Prieto-Hernandez pleaded guilty to being “found in the

United States” following a prior removal and without having obtained consent

to reapply for admission, in violation of 8 U.S.C. § 1326. He was indicted for

being found in the United States in violation of § 1326, and the judgment states,

under the heading “Nature of the Offense,” that he was adjudicated guilty of“reentry of a deported alien.” Prieto-Hernandez asserts that the offense of illegal

reentry is distinctfrom the offense of being found in the United States. He seeks

United States Court of Appeals

Fifth Circuit

F I L E D

October 27, 2008

Charles R. Fulbruge III

Clerk
No. 07-40868

2

a remand pursuantto FED.R.CRIM.P.36 for correction ofthe judgmentto reflect

the proper offense of conviction.

Rule 36 authorizes us to correct only clerical errors, which occur when “the

court intended one thing but by merely clerical mistake or oversight did

another.” United States v. Steen, 55 F.3d 1022, 1025-26 n. 3 (5th Cir.1995).

Section 1326 is entitled “[r]eentry of removed aliens” and provides, inter alia,

that any alien who has been denied admission, excluded, deported, or removed,

and who subsequently enters, attempts to enter, “or is at any time found in, the

United States” without having obtained required consent or without showing

that such consent is not required, is subject to certain criminal penalties.

8 U.S.C. § 1326(a), (b).

The judgment’s “nature of the offense” description, “[r]e-entry of a

deported alien,” so closely tracks the § 1326 title, “[r]eentry of removed aliens,”

that it bears no indicia of the district court having made a mistake or oversight.

See § 1326. The district court’s judgment uses the term “re-entry of a deported

alien” intentionally in reference to § 1326 generally; there is no clerical error.

Accordingly, we AFFIRM the judgment of the district court.
# C_2008142EN.01002502.xml

| 7.6.2008 | EN | Official Journal of the European Union | C 142/25 |
| --- | --- | --- | --- |

7.6.2008

EN

Official Journal of the European Union

C 142/25

---

Order of the Court of First Instance of 3 April 2008 — Landtag Schleswig-Holstein v Commission

(Case T-236/06) (1)

1

(Action for annulment - Access to documents - Regional parliament - Lack of capacity to be a party to legal proceedings - Inadmissibility)

(2008/C 142/45)

Language of the case: German

Parties

Applicant: Landtag Schleswig-Holstein (Germany) (represented by: S. Laskowski and J. Caspar)

Applicant:

Defendant: Commission of the European Communities (represented by: P. Costa de Oliveira and C. Ladenburger)

Defendant:

Re:

Application for the annulment of the Commission decisions of 10 March and 23 June 2006 refusing to grant the applicant access to document SEK(2005) 420 of 22 March 2005, containing a legal analysis of a draft framework decision, under discussion in the Council, on the retention of data processed and stored in connection with the provision of publicly available electronic communications services or data on public communications networks for the purpose of prevention, investigation, detection and prosecution of crime and criminal offences including terrorism.

Operative part of the order

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

1.

The action is dismissed as inadmissible;

| 2. | It is not necessary to rule on the applications to intervene; |
| --- | --- |

2.

It is not necessary to rule on the applications to intervene;

| 3. | Landtag Schleswig-Holstein shall bear its own costs and pay the Commission's costs, except those relating to the applications to intervene; |
| --- | --- |

3.

Landtag Schleswig-Holstein shall bear its own costs and pay the Commission's costs, except those relating to the applications to intervene;

| 4. | Landtag Schleswig-Holstein, the Commission, the Republic of Finland and the United Kingdom of Great Britain and Northern Ireland shall bear their own costs in relation to the applications to intervene. |
| --- | --- |

4.

Landtag Schleswig-Holstein, the Commission, the Republic of Finland and the United Kingdom of Great Britain and Northern Ireland shall bear their own costs in relation to the applications to intervene.

---

(1)  OJ C 261, 28.10.2006.

1

---
No. 13-0766 – Larry Tabata, et al v. Charleston Area Medical Center, et al. 

### FILED May 28, 2014 released at 3:00 p.m. RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA Justice Ketchum, dissenting: This case is a typical example of a frivolous class-action lawsuit. The named plaintiffs’ lawyer admitted during oral argument that discovery did not reveal that any of his client’s medical records or personal information was accessed or viewed by any unauthorized person. As soon as it was discovered the information was placed accidently on the internet it was removed before any unauthorized person viewed the named plaintiffs’ records. The majority opinion concedes that discovery reveals the named plaintiffs have suffered no injury.

No harm, no foul. The plaintiffs lack standing to sue or represent a class of unnamed plaintiffs.

Although the majority allows class certification, our law is clear that if discovery reveals that no unnamed member of the class has suffered harm that the trial judge should decertify the class action and dismiss the suit. Of course, this cannot occur until massive amounts of attorney fees are incurred by the defendants conducting discovery relating to more than 3,000 unnamed

class members.

Therefore, I dissent.
EX-10.1



 Exhibit 10.1 
 Verenium Corporation 
 Annual Target Bonus Percentage of Jeffrey Black

 The Board of Directors (the “Board”) of Verenium Corporation, upon the recommendation of the Compensation Committee of the
Board, approved an increase in the annual target performance-based incentive bonus percentage for Jeffrey Black from 40% to 50% of Mr. Black’s base salary, effective January 1, 2013.
Thomas A s



# Fourth Court of Appeals

San Antonio, Texas

Apri l 17, 2014

No. 04

- 12

- 00852

- CV

Jerry L. HAMBLIN and Ricochet Energy, Inc.,

Appellants

v.

Thomas A. LAMONT

, Appellee

From the 111th Judicial District Court, Webb County, Texas

Trial Court No. 2008

- CVF

- 000665

- D2

The Honorable Joe Lopez, Judge Presiding

O R D E R

Sitting: Catherine Stone, Chief Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice 1

Marialyn Barnard, Justice

Rebeca C. Martinez, Justice 2

Patricia O. Alvarez, Justice

Luz Elena D. Chapa, Justice

The Court has considered Appellee Thomas A. Lamont’s Motion for En Banc

Re consideration

, Appellants’ Response to the Motion for En Banc Reconsideration, and

Appellee’s Reply in Support of Motion for En B anc Reconsideration

, and Appellee’s M otion for

En Banc Reconsideration is DENIED.

It is so ORDERED on April 17, 2014.

PER CURIAM

ATTESTED TO: _____________________________

Keith E. Hottle, Clerk

1 Not participating

2 Dissents to denial of the motion for en b anc reconsideration

.
ELI GLOBAL, LLC, et al. v. HEAVNER

12PA17-1

Supreme Court of North Carolina.

June 14, 2017

Matthew N. Leerberg, Attorney at Law, Raleigh, Kip David Nelson, Attorney at Law, Greensboro, Kendal B. Reed, Attorney at Law, for Eli Global, LLC, et al.

James H. Hughes, Attorney at Law, Richard M. Hutson, II, Attorney at Law, Durham, Edward Joseph Blocher, Jr., Attorney at Law, Hampton Y. Dellinger, Attorney at Law, for Heavner, James A.

Charles F. Marshall, III, Attorney at Law, Mark J. Prak, Attorney at Law, Timothy Nelson, Attorney at Law, Raleigh, for NC Association of Broadcasters, et al.

Stuart M. Paynter, Attorney at Law, Celeste H. G. Boyd, Attorney at Law, Hillsborough, for Chapel Hill-Carrboro Chamber of Commerce.

The following order has been entered on the motion filed on the 9th of June 2017 by Plaintiffs to Dismiss Appeal:

"Motion Denied by order of the Court in conference, this the 14th of June 2017."
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 of Clean Power Technologies Inc. (the Company) on Form 10-QSB for the period ended May 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Diane Glatfelter, CFO and Principal Accounting Officer, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to 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 Exchange Act of 1934; and



(2)

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







Date:  July 14, 2008

By:  /s/ Diane Glatfelter

Name:  Diane Glatfelter

Title:    Chief Financial Officer (Principal Accounting Officer)
STATE of North Carolina v. Shawn Jarmine MURCHISON, Defendant.

No. COA15-563.

Court of Appeals of North Carolina.

April 19, 2016.

**CASE REPORTED WITHOUT PUBLISHED OPINION**

No Error.
<PAGE>

                                                                    Exhibit 23.1


                         Consent of Independent Auditors

We consent to the incorporation by reference in the Registration Statement (Form
S-3 No. 33-94782), the Registration Statement (Form S-3 No. 333-22211), the
Registration Statement (Form S-3 No. 333-43267), the Registration Statement
(Form S-3 No. 333-39282), the Registration Statement (Form S-3 No. 333-65592) of
Liberty Property Trust and Liberty Property Limited Partnership and the
Registration Statement (Form S-3 No. 333-14139), the Registration Statement
(Form S-8 No. 333-44149), the Registration Statement (Form S-3 No. 333-53297),
the Registration Statement (Form S-3 No. 333-63115), the Registration Statement
(Form S-3 No. 333-37218), the Registration Statement (Form S-3 No. 333-45032),
the Registration Statement (Form S-8 No. 333-62504), the Registration Statement
(Form S-8 No. 333-62506), the Registration Statement (Form S-3 No. 333-63494),
the Registration Statement (Form S-3 No. 333-63978), the Registration Statement
(Form S-3 No. 333-91702) of Liberty Property Trust and in the related Prospectus
of our report dated February 7, 2003, with respect to the consolidated financial
statements and schedule of Liberty Property Trust included in this Annual Report
(Form 10-K) for the year ended December 31, 2002.




Philadelphia, Pennsylvania                           /s/ Ernst & Young LLP
March 7, 2003
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

October 27, 2008 Clifford W. Taylor,

 Chief Justice 

136552 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee, 

Robert P. Young, Jr. 

Stephen J. Markman, 

Justices 

v SC: 136552 

 COA: 281800 

Macomb CC: 03-003761-FC 

EDWARD FRANK LINT, JR.,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the April 8, 2008 order 

of the Court of Appeals is considered, and it is DENIED, because the defendant has 

failed to meet the burden of establishing entitlement to relief under MCR 6.508(D). 

s1020 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

October 27, 2008 

 Clerk
# Official Journal L 198/2014

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 198 |
| | |
| English edition | Legislation | Volume 575 July 2014 |

ISSN 1977-0677

Official Journal

of the European Union

L 198

English edition

Legislation

Volume 575 July 2014

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Implementing Regulation (EU) No 735/2014 of 4 July 2014 amending for the 216th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al Qaida network | 1 |
| | | Commission Implementing Regulation (EU) No 736/2014 of 4 July 2014 establishing the standard import values for determining the entry price of certain fruit and vegetables | 3 |
| | | DECISIONS |
| | | 2014/433/CFSP |
| | * | Political and Security Committee Decision Atalanta/3/2014 of 3 July 2014 on the appointment of the EU Operation Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) | 5 |
| | | 2014/434/EU |
| | * | Decision of the European Central Bank of 31 January 2014 on the close cooperation with the national competent authorities of participating Member States whose currency is not the euro (ECB/2014/5) | 7 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Implementing Regulation (EU) No 735/2014 of 4 July 2014 amending for the 216th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al Qaida network

th

1

Commission Implementing Regulation (EU) No 736/2014 of 4 July 2014 establishing the standard import values for determining the entry price of certain fruit and vegetables

3

DECISIONS

2014/433/CFSP

*

Political and Security Committee Decision Atalanta/3/2014 of 3 July 2014 on the appointment of the EU Operation Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta)

5

2014/434/EU

*

Decision of the European Central Bank of 31 January 2014 on the close cooperation with the national competent authorities of participating Member States whose currency is not the euro (ECB/2014/5)

(ECB/2014/5)

7

| 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.
[Federal Register Volume 70, Number 182 (Wednesday, September 21, 2005)]
[Notices]
[Page 55453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18803]


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

DEPARTMENT OF THE TREASURY

Internal Revenue Service


Office of the General Counsel; Appointment of Members of the 
Legal Division to the Performance Review Board, Internal Revenue 
Service

    Under the authority granted to me as Chief Counsel of the Internal 
Revenue Service by the General Counsel of the Department of the 
Treasury by General Counsel Order No. 21 (Rev. 4), pursuant to the 
Civil Service Reform Act, I have appointed the following persons to the 
Legal Division Performance Review Board, Internal Revenue Service 
Panel:
1. Chairperson, Donald T. Rocen, Deputy Chief Counsel (Operations)
2. William D. Alexander, Associate Chief Counsel (Corporate)
3. Peter Labelle, Division Counsel (Large and Mid-Size Business)
4. Catherine Livingston, Assistant Chief Counsel (Exempt Organizations/
Employment/ Tax/Government Entities)
5. Patricia Donahue, Area Counsel, Division Counsel (Small Business/
Self-Employed) This publication is required by 5 U.S.C. 4314(c)(4).

    Dated: September 13, 2005.
Donald L. Korb,
Chief Counsel, Internal Revenue Service.
[FR Doc. 05-18803 Filed 9-20-05; 8:45 am]
BILLING CODE 4830-01-P
# Official Journal L 35/2008

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 35 |
| | |
| English edition | Legislation | Volume 519 February 2008 |

ISSN 1725-2555

Official Journal

of the European Union

L 35

English edition

Legislation

Volume 519 February 2008

---

| Contents | | I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Regulation (EC) No 116/2008 of 28 January 2008 amending Council Regulation (EC) No 423/2007 concerning restrictive measures against Iran | 1 |
| | * | Commission Regulation (EC) No 117/2008 of 28 January 2008 amending Council Regulation (EC) No 329/2007 concerning restrictive measures against the Democratic People’s Republic of Korea | 57 |

Contents

I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory

page

REGULATIONS

*

Commission Regulation (EC) No 116/2008 of 28 January 2008 amending Council Regulation (EC) No 423/2007 concerning restrictive measures against Iran

1

*

Commission Regulation (EC) No 117/2008 of 28 January 2008 amending Council Regulation (EC) No 329/2007 concerning restrictive measures against the Democratic People’s Republic of Korea

57

| 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.
H. R. 3957 

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 designate the facility of the United States Postal Service located at 218–10 

Merrick Boulevard in Springfield Gardens, New York, as the ‘‘Cynthia Jenkins 

Post Office Building’’. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. CYNTHIA JENKINS POST OFFICE BUILDING. 

(a) DESIGNATION.—The facility of the United States Postal 

Service located at 218–10 Merrick Boulevard in Springfield Gardens, New York, shall be known and designated as the ‘‘Cynthia 

Jenkins Post Office Building’’. 

(b) REFERENCES.—Any reference in a law, map, regulation, 

document, paper, or other record of the United States to the facility 

referred to in subsection (a) shall be deemed to be a reference 

to the ‘‘Cynthia Jenkins Post Office Building’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.
EXHIBIT 32.2

Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

In connection
with the Quarterly Report of Mewbourne Energy Partners 04-A, L.P. (the Registrant) on Form 10-Q for the three and six months ended June 30, 2006, as filed with the Securities and Exchange Commission on the date hereof (the
Report), the undersigned hereby certifies, in the capacity as indicated below and 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, as amended, and
| | -- | ---------------------------------------------------------------------------------------------------------------------------------



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



|                      |  |                                  
|--------------------- |  | ---------------------------------
|                      |  | /s/ J. Roe Buckley               
|                      |  | Name: J. Roe Buckley             
|Date: August 21, 2006 |  | Title: Chief Financial Officer   
|                      |  | Mewbourne Development Corporation
----

EXHIBIT 31.2 

CERTIFICATION PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002 

I, Leon Assayag, Principal Accounting Officer of ICP Solar Technologies Inc.(the "registrant"), certify that: 

1. 

I have reviewed this quarterlyreport on Form 10-QSB of ICP Solar Technologies Inc.; 

2. 

Based on my knowledge, thisquarterly report does not contain any untrue statement of a material fact oromit to state a material fact necessary to make the statements made, in light ofthe circumstances under which such statements were made, not misleading withrespect to the period covered by this quarterly report; 

3. 

Based on my knowledge, thefinancial statements, and other financial information included in this quarterlyreport, fairly present in all material respects the financial condition, resultsof operations and cash flows of the registrant as of, and for, the periodspresented in this quarterly report; 

4. 

The registrant's other certifyingofficer and I are responsible for establishing and maintaining disclosurecontrols and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and we have: 

a) 

designed such disclosure controlsand procedures to ensure that material information relating to the registrant,including its consolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this quarterly report isbeing prepared; 

b) 

evaluated the effectiveness of thesmall business issuer's disclosure controls and procedures and presented in thisreport our conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on suchevaluation; and 

c) 

disclosed in this report anychange in the registrant's internal control over financial reporting thatoccurred during the registrant's most recent fiscal quarter that has materiallyaffected, or is reasonably likely to materially affect, the registrant'sinternal control over financial reporting; and 

5. 

The registrant's other certifyingofficer and I have disclosed, based on our most recent evaluation, to theregistrant's auditors and the audit committee of registrant's board of directors(or persons performing the equivalent function): 

a) 

all significant deficiencies andmaterial weaknesses in the design or operation of our financial reportinginternal controls which are reasonably likely to adversely affect theregistrant's ability to record, process, summarize and report financialinformation; and 

b) 

any fraud, whether or notmaterial, that involves management or other employees who have a significantrole in the registrant's internal controls over financial reporting. 

Date: December 17, 2007 

/s/ *Leon Assayag*------------------------------ Leon Assayag Principal Accounting Officer 

----
Sam KHASHMAN and Technology Partners, Inc., Plaintiffs, v. Candace KHASHMAN, Ronnie Smith, Kenneth T. Davies, and Ioannis Papaioannou, Defendants.

No. COA16-765

Court of Appeals of North Carolina.

Filed: September 5, 2017

AFFIRMED.