alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 ... S eeTe x. R. App . P. 47. 4. 

## COURT OF APPEALS SECOND DISTRICTOFTEXAS FORT WORTH NO . 2- 08- 112- CR
J OS E P H MART I NE Z AP P E L L ANT V . TH E STA TE O F TEXA S STA TE

----- ----- -- FR O M THE 372ND DI STRI CT CO URT O F TARRA NT CO UN TY

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

### M E M ORANDU M OP I NI ON 1

----- ----- -- I n t w o i ss ues , ap pel l antJos eph M art i nez c o n te n ds t hathi s con vi ct i ons f orpossessi on and del i ver y of t he sam e t en pou nds ofm ar ij uana ar e t he sam e f ordoub l e j eop ar dy p ur pos es an d t hatt he t r i al j udge er r ed by r ef us i ng t o i ncl ude
a j ur y que st i on on pos se ss i on of m ar ij uan a unde r f i ve pound s. W e r eve r se t he2 ... W hen an ap pel l anti s con vi ct ed of t w o of f ens es t hatar e t he sa m e f or

doubl e j eop ar dy p ur pos es , w e r et ai n t he con vi ct i on f ort he m os ts er i ous of f ense, w hi ch i s t he of f ense ofconvi ct i on f orw hi ch t he gr eat estsent ence w as a s s e s s e d . Ex p arte Cavazos , 203 S . W . 3d 333, 3 3 7 –38 ( Tex. Cr i m . A pp. 200 6) . Her e, t hati s t he se nt enc e o ft en yea r s’ co nf i nem entf orde l i ver y. 2 j udgm entas t o t he pos se ss i on c har ge and ac qui t app el l anton t hatch ar ge onl y; how ever , w e af f i r m t he j udg m entas t o t he del i ver y char ge. T h e S tate co n c e d e s a p p e l l a n t’ s fi rst i ss u e an d as k s th a t w e d e l e te appel l ant ’ s convi ct i on f or possessi on. A ccor di ngl y, w e sust ai n appel l ant ’ s f i r st i ssue. I n h i s s e c o n d i ss u e , a p p e l l a n t co n ten d s th e tr i a l c o u rt e rr e d b yfai l i n g to i ncl ude a que st i on on pos se ss i on ofunde rf i ve pound s. Butbe ca us e b y su st ai ni ng a ppe l l ant ’ s f i r sti ss ue, w e m u str eve r se t he con vi ct i on f or p o ss e ss i o n , h i s s e c o n d i ss u e i s n o w m o o t an d w e n e e d n o t a d d r e ss i t. 2 S ee T e x . R . A p p . P . 4 7 .1 ; D i x o n v. S tate , 93 2 S . W . 3d 56 7, 57 1 ( Tex . A pp. — Ty l er 1 9 9 5 , n o p e t.). H a v in g s u s t a in e d a p p e lla n t ’s f ir s tis s u e a n d h a v i n g d e t e r m in e d t h a th is
se con d i ss ue i s t her ef or e m oot , w e a f f i r m t he t r i al co urt ’ s j udgm entas t o t he
con vi ct i on f orde l i ver y ofm ar ij uan a, but w e r eve r set he t r i al co urt ’ s j udgm ent3

as t o t h e c o n v i c t i o n f o r p o s s e s s i o n o f ma r ij u a n a a n d r e n d e r a j u d g me n t of
ac qui t t al as t o t hatof f ens e o nl y.

T E R R I E L I VI NGS T ON J U S T I C E PA N EL: L I V I N G STO N , G A RD N ER, an d W A LKER, JJ. DO NO T P UBLI SH Tex. R. A pp. P. 47. 2( b) DEL I VERE D: Dec e m be r11, 2008
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 W&T Offshore, Inc. (the Company), hereby certifies, to the best of his knowledge, that the Companys Quarterly Report on Form 10-Q for the period ended September 30, 2010 fully complies with the
requirements of Section 13(a) or 15(d) of the Exchange Act and that information contained in such Quarterly Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                       |  |  |  |                                                                            
|---------------------- |  |  |  | ---------------------------------------------------------------------------
|Date: November 5, 2010 |  |  |  | /s/ TRACY W. KROHN                                                         
|                       |  |  |  | Tracy W. Krohn                                                             
|                       |  |  |  | Chief Executive Officer                                                    
|                       |  | 
|Date: November 5, 2010 |  |  |  | /s/ JOHN D. GIBBONS                                                        
|                       |  |  |  | John D. Gibbons                                                            
|                       |  |  |  | Senior Vice President, Chief Financial Officer and Chief Accounting Officer
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 98-6921

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

JAMES FRANKLIN BUTLER,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. W. Earl Britt, Senior District Judge. (CR-96-46, CA-98-412-5-BR)

Submitted: September 10, 1998 Decided: September 29, 1998

Before MURNAGHAN, MICHAEL, and MOTZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

James Franklin Butler, Appellant Pro Se. Scott L. Wilkinson,

OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant seeks to appeal the district court’s order denying

his motion filed under 28 U.S.C.A.§ 2255 (West 1994 & Supp. 1998).

We have reviewed the record and the district court’s opinion and

find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district

court. United States v. Butler, Nos. CR-96-46; CA-98-412-5-BR

(E.D.N.C. May 29, 1998). 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.

DISMISSED
Exhibit
32.1




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




In
connection with the Annual Report of Implant Sciences Corporation., a
Massachusetts corporation (the “Company”), on Form 10-K/A for the fiscal year
ended June 30, 2008, as filed with the Securities and Exchange Commission on the
date hereof (the “Report”), I, Glenn D. Bolduc, Chief Executive Officer,
President and Chief Financial Officer of 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:




(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.




/s/
      Glenn D. BolducGlenn
      D. BolducChief
      Executive Officer, President and Chief Financial
OfficerDate:
      July 31, 2009







This
certification accompanies each report of the Company on Form 10-Q and Form 10-K
pursuant to §906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the
extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the
Company for purposes of §18 of the Securities Exchange Act of 1934, as
amended.




A signed
original of this written statement required by §906 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.
**Exhibit32.1**

** **

**CERTIFICATIONBY THE CHIEF EXECUTIVE OFFICER OFPAYPHONE WIND DOWN CORPORATIONPURSUANT TO SECTION 906 OFTHE SARBANES-OXLEY ACT OF 2002**

 

I, GUY A. LONGOBARDO, amthe Chief Executive Officer of Payphone Wind Down Corporation (the “Company”).

 

This certification isbeing furnished pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, in connection with the filing of the Company’sQuarterly Report on Form 10-QSB for the quarter ended June 30, 2007 (the “Report”).

 

I hereby certify that tothe best of my knowledge:

 

(a)                                  TheReport fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

(b)                                 Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company as of thedates and for the periods covered by the Report.

 
| Dated: November 14, 2007 |                     |   |
|--------------------------|--------------------------|--------|
|                     |                     |   |
|                     | /s/ GUY A.  LONGOBARDO   |   |
|                     | Guy A.  Longobardo       |   |
|                     | Chief Executive  Officer |   |

 

A signed original of thiswritten statement required by Section 906 has been provided to Payphone WindDown Corporation and will be retained by Payphone Wind Down Corporation andfurnished to the Securities and Exchange Commission or its staff upon request.

 

----
**Exhibit 23.1**

 

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We hereby consent to the incorporation by reference in the Registration Statements on Form S-3 (Nos. 333-117047 and 333-57103) of Mack-Cali Realty, L.P. of our report dated March 2, 2005 relating to the financial statements, financial statement schedule, management’s assessment of the effectiveness of internal control over financial reporting and the effectiveness of internal control over financial reporting, which appears in this Form 10-K.

 

/s/ PRICEWATERHOUSECOOPERS LLP

PricewaterhouseCoopers LLP

New York, New York

March 2, 2005
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 Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The contract proposals and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the contract proposals, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Heart, Lung, and Blood Institute Special Emphasis Panel Large-Scale Genotyping of NHLBI Cohorts                    

*Date:*                         October 20, 2005.                    

*Time:*                         1 p.m. to 4 p.m.                    

*Agenda:*                         To review and evaluate contract proposals                    

*Place:*                         National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (Telephone Conference Call).                    

*Contact Person:*                         Valerie L Prenger, PhD, Chief, Review Branch, Division of Extramural Affairs, National Heart, Lung, and Blood Institute, 6701 Rockledge Drive, MSC 7924, Room 7214, Bethesda, MD 20892-7924, 301-435-0270,                         *prengerv@nhlbi.nih.gov.*

This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.233, National Center for Sleep Disorders Research; 93.837, Heart and Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839, Blood Diseases and Resources Research, National Institutes of Health, HHS)

October 24, 2005.

Anthony M. Coelho, Jr.,

Acting Director, Office of Federal Advisory Committee Policy.

[FR Doc. 05-21133  Filed 10-21-05; 8:45 am]

BILLING CODE 4140-01-M
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.                  

###### National Credit Union Administration

# FOR FURTHER INFORMATION CONTACT:

Mary Rupp, Secretary of the Board, Telephone: (703) 518-6304.

Mary Rupp,

Secretary of the Board.

[FR Doc. 05-20865 Filed 10-13-05; 3:15 pm]

BILLING CODE 7535-01-M
Exhibit 32.2

CERTIFICATION PURSUANT TO SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE,

AS ADOPTED
PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to Section 1350, Chapter 63 of Title 18, United States Code,
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned, as Chief Financial Officer of Norcraft Holdings, L.P. and Norcraft Companies, L.P. (together, the Company), does hereby certify that to the
undersigneds knowledge:

1) the Companys Quarterly Report on Form 10-Q for the period ending September 30, 2008 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 Companys Quarterly Report on Form 10-Q for the period ending September 30, 2008 fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                        |  |  |  |                                       
|----------------------- |  |  |  | --------------------------------------
|Date: November 14, 2008 |  |  |  | /s/ Leigh Ginter                      
|                        |  |  |  | Leigh Ginter  Chief Financial Officer
|                        |  |  |  | (Chief Accounting Officer)            

A signed original of this written statement, required by Section 906, has been provided to Norcraft Holdings,
L.P. and Norcraft Companies, L.P. and will be retained by Norcraft Holdings, L.P. and Norcraft Companies, L.P. and furnished to the Securities and Exchange Commission or its staff upon request.



29
<PAGE>

                                 Exhibit 10.10
                                 -------------

                     Arrangement Regarding Form of Bonuses

Members of Semtech Corporation's senior management, including executive
officers, have the opportunity to defer up to 50% of any bonus that may be
earned for the fiscal year. If a bonus is awarded (in the early part of the next
fiscal year), the deferred portion is converted into stock options instead of
being paid in cash. The conversion is made using a multiplier of four and the
closing market price of Semtech's stock on the day when bonuses are awarded. The
stock options are immediately vested and are subject to the terms and conditions
of the applicable stock option plan and the award agreement.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5146 Enrolled Bill (ENR)]

        H.R.5146

                      One Hundred Eleventh Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the fifth day of January, two thousand and ten

                                 An Act

 
 To provide that Members of Congress shall not receive a cost of living 
               adjustment in pay during fiscal year 2011.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. NO COST OF LIVING ADJUSTMENT IN PAY OF MEMBERS OF CONGRESS.
    Notwithstanding any other provision of law, no adjustment shall be 
made under section 601(a) of the Legislative Reorganization Act of 1946 
(2 U.S.C. 31) (relating to cost of living adjustments for Members of 
Congress) during fiscal year 2011.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
#### STATE OF NORTH CAROLINA v. CHARLES CROSBY SPRINGS

No. 7519SC277

(Filed 6 August 1975)

Automobiles § 3— driving while license revoked — instructions — driving on “public highway”

In a prosecution for driving while license was revoked, the trial court erred in failing to require the jury to find beyond a reasonable doubt that defendant operated a vehicle “upon a public highway” while his operator’s license was in a state of revocation. G.S. 20-28(a).

Appeal by defendant from *Crissman, Judge.*Judgment entered 15 January 1975 in Superior Court, Cabarrus County. Heard in the Court of Appeals 10 June 1975.

Defendant was tried in the District Court of Cabarrus County on his plea of not guilty to a warrant charging him with operating a motor vehicle on a public street in the City of Concord on or about 11 May 1974 while his operator’s license was revoked. Having been found guilty as charged, an appeal was taken to the Superior Court for a trial by jury. The jury found defendant guilty of driving while his license was revoked, and from judgment entered thereon defendant appealed.

*Attorney General Edmisten, by Associate Attorney Elisha H. Bunting, Jr., for the State.*

*Williams, Willeford, Boger & Grady, by Samuel F. Davis, Jr., for defendant appellant.*

MARTIN, Judge.

Defendant’s motions to dismiss were properly denied.

Defendant further contends that in charging the jury the trial judge erred in failing to require the jury to find beyond a reasonable doubt that defendant operated a motor vehicle *upon a public highway*while his operator’s license was in a state of revocation. This contention has merit.

In pertinent part, G.S. 20-28(a) provides:

> “Any person whose operator’s or chauffeur’s license has been suspended or revoked other than permanently, as provided in this Chapter, who shall drive any motor vehicle *758upon the highways of the State while such licensé is suspended or revoked shall be guilty of a misdemeanor. . . . ”

To constitute a violation of G.S. 20-28 (a) there must be (1) operation of a motor vehicle by a person (2) on a public highway (3) while his operator’s license is suspended or revoked. *State v. Cook,*272 N.C. 728, 158 S.E. 2d 820 (1968). For purposes of Chapter 20, a highway or street is defined as “[t]he entire width between property or right-of-way lines of every way or place of whatever nature, when any part thereof is open to the use of the public as a matter of right for the purposes of vehicular traffic.” G.S. 20-4.01(13).

In order to find defendant guilty of violating G.S. 20-28 (a), the jury must be satisfied beyond a reasonable doubt that the alleged offense took place upon a public highway. Failure to so instruct the jury was prejudicial error entitling defendant to a new trial. See, *State v. Harris,*10 N.C. App. 553, 180 S.E. 2d 29 (1971).

New trial.

Judges Britt and Hedrick concur.
/s

Fourth Court of Appeals

San Antonio, Texas

May 13, 2015

No. 04-14-00903-CV

LIGHTNING OIL COMPANY,

Appellant

v.

ANADARKO E&P ONSHORE LLC fka Anadarko E&P Company, LP,

Appellee

From the 365th Judicial District Court, Dimmit County, Texas

Trial Court No. 14-01-12171-DCVAJA

Honorable Amado J. Abascal, III, Judge Presiding

ORDER

Appellant’s reply brief was filed on April 21, 2015. On May 6, 2015, Appellant 

submitted an amended reply brief and filed an unopposed motion to file an amended reply brief. 

Appellant’s unopposed motion is GRANTED. Appellant’s amended reply brief is filed. 

See TEX. R. APP. P. 38.7.

PER CURIAM

Attested to:____________________________

Keith E. Hottle

Clerk of Court
#### STATE of Maine v. Richard C. GAGNE.

Supreme Judicial Court of Maine.

Submitted on Briefs Feb. 2, 1990.

Decided Feb. 26, 1990.

R. Christopher Almy, Dist. Atty. and Philip C. Worden, Asst. Dist. Atty., Bangor, for the State.

Richard C. Gagne, Bucks Harbor, pro se.

Before WATHEN, GLASSMAN, CLIFFORD, HORNBY and COLLINS, JJ.

CLIFFORD, Justice.

The defendant, Richard C. Gagne, appeals from an order of the Superior Court (Penobscot County, *Chandler, J.)*denying his motion for reduction of sentence brought under M.R.Crim.P. 35(c). Because the motion was untimely and should not have been entertained by the trial court, we remand for its dismissal.

Gagne was convicted of six counts of gross sexual misconduct, 17-A M.R.S.A. § 253 (1983 & Supp.1989), and was sentenced on June 2, 1988.1 His appeal to this *826court was unsuccessful. *See State v. Gagne,*554 A.2d 795 (Me.1989).2

Gagne filed a motion for reduction of sentence on July 13, 1989, after he commenced serving the sentence and more than one year after his sentence was imposed. M.R.Crim.P. 35(c)(1)3 requires that any reduction in sentence, after commencement of execution of that sentence, occur within one year after the sentence is imposed. *See Reed v. State,*295 A.2d 657, 659-60 (Me.1972). Gagne’s motion was not made within one year, was untimely, and should not have been entertained by the court. 1 Cluchey & Seitzinger, *Maine Criminal Practice*§ 35.2, at 35-11 (1989).

The entry is:

Order of the Superior Court denying Motion for Reduction of Sentence is vacated. Remanded for dismissal of the motion.

All concurring.

1

. Gagne was sentenced to twelve years imprisonment on Count I, with all but eight years suspended, and six years probation. He received concurrent eight-year sentences on each of the other counts.

2

. Gagne’s appeal of his sentence, not having been taken within twenty days of its entry, was dismissed by the Appellate Division as untimely. *See*M.R.Crim.P. 40(c); *see also*15 M.R.S.A. §§ 2141-2144 (1980), *repealed by*P.L.1989, ch. 218, §§ 1-4 (effective Sept. 30, 1989), 15 M.R. S.A. §§ 2151-2157 (Supp.1989).

3

. M.R.Crim.P. 35(c) provides as follows:

> (c) Reduction of Sentence After Commencement of Execution.

> (1) *Timing of Motion.*Within one year after a sentence is imposed and before the execution of the sentence is completed, on motion of the defendant or the attorney for the state, or on the court’s own motion, the justice or judge who imposed sentence may reduce a sentence.

> (2) *Ground of Motion.*The ground of the motion shall be that the original sentence was influenced by a mistake of fact which existed at the time of sentencing.