alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Order entered July 20 , 2015

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 15
- 00588
- CR ANGIE GLORIA VASQUEZ , Appellant

V. THE STATE OF TEXAS, Appellee On Appeal from the 292nd Judicial District Court

Dallas County, Texas Trial Co urt Cause No. F11
- 42502
- V



### O RDER
The Court GRANTS court reporter Peri Wood’s July 16, 2015 request for an extension of time to file the reporter’s record only to the extent that we ORDER Ms. Wood to file the reporter’s record within THIRTY DAYS of the dat e of this order.
We DIRECT the Clerk to send copies of this order to Peri Wood, official court reporter, 292nd Judicial District Court, and to counsel for all parties.

/s/ ADA BROWN JUSTICE
[Federal Register Volume 70, Number 23 (Friday, February 4, 2005)]
[Notices]
[Page 6011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2140]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention


Board of Scientific Counselors, National Center for Health 
Statistics: Notice of Charter Renewal

    This gives notice under the Federal Advisory Committee Act (Pub. L. 
92-463) of October 6, 1972, that the Board of Scientific Counselors, 
National Center for Health Statistics, Centers for Disease Control and 
Prevention, of the Department of Health and Human Services, has been 
renewed for a 2-year period through January 19, 2007.
    For information, contact Robert J. Weinzimer, Executive Secretary, 
Board of Scientific Counselors, National Center for Health Statistics, 
Centers for Disease Control and Prevention, of the Department of Health 
and Human Services, Metro III, Presidential Building, 6525 Belcrest 
Road, Hyattsville, Maryland 20782, telephone 301/458-4565 or fax 301/
458-4025.
    The Director, Management Analysis and Services Office, has been 
delegated the authority to sign Federal Register notices pertaining to 
announcements of meetings and other committee management activities, 
for both CDC and the Agency for Toxic Substances and Disease Registry.

    Dated: January 28, 2005.
Alvin Hall,
Director, Management Analysis and Services Office, Centers for Disease 
Control and Prevention.
[FR Doc. 05-2140 Filed 2-3-05; 8:45 am]
BILLING CODE 4163-19-P
Exhibit 10.1

LOGO

Douglas L. Schmick

1414 NW Northrup St. Suite 700

Portland, Oregon
97209

March 29, 2010

Bill
Freeman

Chief Executive Officer

1414 NW Northrup St. Suite 700

Portland, Oregon
97209

Bill Freeman,

In connection
with my resignation as Chief Executive Officer on January 12, 2009, I confirm and agree that my severance and change of control agreement with the Company is terminated effective January 12, 2009.

Respectfully,



|                      
|----------------------
|                      
|/s/ Douglas L. Schmick

Douglas L. Schmick

Co-Founder & Chairmen of the Board of Directors
#### ROLAND MARSHALL, Appellant, v. SHERIFF, CLARK COUNTY, NEVADA, Respondent.

No. 7540

January 17, 1974

518 P.2d 157

*Morgan D. Harris,*Public Defender, and *Joseph T. Bonaventure,*Deputy Public Defender, Clark County, for Appellant.

*Robert List,*Attorney General, Carson City; *Roy*A. *Woof-ter,*District Attorney, and *H. Leon Simon,*Deputy District Attorney, Clark County, for Respondent.

*40OPINION

*Per Curiam:*

About 1:15 a.m., on the morning of March 20, 1973, the Clark County Sheriff’s office received a report that the 7-11 grocery store located at 3707 E. Flamingo Blvd. was open, but unattended.

When the officers who responded to the call arrived at the store they observed the cash drawer, empty and on the floor. The dead body of James Hunter, the night clerk, was found slumped, in a pool of blood, against the door of the ladies’ rest room. During the ensuing investigation fingerprints and palm-prints, later identified as those of appellant, were found on the cash drawer, the foyer leading into the rest room area and on both the inside and outside of the door of the ladies’ rest room.

Appellant was charged with the homicide and, after a preliminary examination, was ordered to stand trial for murder (NRS 200.010).

In a pretrial petition for habeas corpus the single contention was that the evidence adduced at the preliminary examination was insufficient to establish probable cause to hold appellant for trial. This appeal is from the trial court order denying habeas corpus relief.

The record before us shows that, at the preliminary examination, the prosecutor established, *inter alia,*that the rest rooms were located in the rear of the store and were for the use of the store employees only; that there were four bullet wounds in the body of the victim, any one of which could have been, the cause of death; and, that the fingerprints and palmprints of appellant were found in and about the area reserved for employees.

The thrust of appellant’s argument suggests that the presence of his fingerprints and palmprints at the scene of the homicide is insufficient to sustain the charge of murder. In support of this argument he cites McLain v. State, 24 So.2d 15 (Miss. 1945), and People v. Flores, 137 P.2d 767 (Cal.App. 1943), both of which held that evidence of the accused’s fingerprints in a stolen car did not establish his guilt beyond a reasonable doubt, when a conviction for theft was challenged on appeal.

These authorities are inapposite. Here we are only concerned *41with probable cause to hold appellant for trial. We deem the evidence herein sufficient to meet the standard of probable cause contemplated by NRS 171.206. State v. von Brincken, 86 Nev. 769, 476 P.2d 733 (1970). See McKenna v. Sheriff, 85 Nev. 524, 458 P.2d 358 (1969).

“[W]e are not now concerned with the prospect that the evidence presently in the record may, by itself, be insufficient to sustain a conviction.” McDonald v. Sheriff, 89 Nev. 326, 512 P.2d 774 (1973).

The order of the trial court is affirmed.
Exhibit 32.2




                                  CERTIFICATION




In connection with the Annual Report of AFP Imaging Corporation (the "Company")
on Form 10-K for the year ended June 30, 2005 as filed with the Securities and
Exchange Commission (the "Report"), I Donald Rabinovitch, Co-Chief Executive
Officer 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) 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/       Donald Rabinovitch


Donald Rabinovitch,
President
(Co-Principal Executive Officer)
September 27, 2005
United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

D.F., Appellant

and

DEPARTMENT OF THE NAVY, U.S. NAVAL 

STATION, Norfolk, VA, Employer 

_________________________________________

)

)

)

)

)

)

)

)

Docket No. 21-0804

Issued: August 27, 2021

Appearances: Case Submitted on the Record

Alan J. Shapiro, Esq., for the appellant1

Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:

ALEC J. KOROMILAS, Chief Judge

JANICE B. ASKIN, Judge

PATRICIA H. FITZGERALD, Alternate Judge

On April 30, 2021, appellant through counsel, filed a timely appeal from an April 22, 2021

merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the 

Appellate Boards assigned Docket No. 21-0804.

In a letter dated August 9, 2021, counsel requested that the appeal be dismissed.

The Board has duly considered the matter and concludes that counsel’s request for the 

dismissal of the appeal should be granted. Accordingly, 

 

1

In all cases in which a representative has been authorized in a matter before the Board, no claim for a fee for legal 

or other service performed on appeal before the Board is valid unless approved by the Board. 20 C.F.R. § 501.9(e). 

No contract for a stipulated fee or on a contingent fee basis will be approved by the Board. Id. An attorney or 

representative’s collection of a fee without the Board’s approval may constitute a misdemeanor, subject to fine or 

imprisonment for up to one year or both. Id.; see also 18 U.S.C. § 292. Demands for payment of fees to a 

representative, prior to approval by the Board, may be reported to appropriate authorities for investigation.
2

IT IS HEREBY ORDERED THAT appellant’s request for the dismissal of the appeal is 

granted. The appeal docketed as No. 21-0804 is dismissed.

Issued: August 27, 2021

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board
UN PUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21

- 6560

UNITED STATES OF AMERICA,

Plaintiff

- Appellee,

v.
MARVIN ALEXANDER WRIGHT,

Defendant

- Appellant.

Appeal from the United States District Court for the District of South Carolina , at Beaufort

. Richard Mark Gergel , District Judge. ( 9:11

- cr

- 00350

- RMG

- 1 )

Submitted : January 21, 2022 Decided: March 7, 2022

Before MOTZ and HARRIS , Circuit Judges , an d SHEDD, Senior Circuit Judge.

Affirmed by un published per curiam opinion

.

ON BRIEF: Jeremy A. Thompson, Assistant Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Columbia, South Carolina, for Appellant. M. Rhett DeHart, Acting United States Attorney, Columbia, South Carolina, Nick Bianchi, Assistant United States Attorney , OFFICE OF THE UNITED STATES ATTORNEY, Charleston, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 21-6560 Doc: 22 Filed: 03/07/2022 Pg: 1 of 22 PER CURIAM:
Marvin Alexander Wright appeals the district court’s order denying his motion for
compassionate release pursuant to 18 U.S.C. § 3582(c)(1)( A)(i), as amended by the First
Step Act of 2018, Pub. L. No. 115

- 391, § 603(b)(1), 132 Stat. 5194, 5239. Upon review,
we discern no abuse of discretion in the district court’s determination that Wright failed to
establish extraordinary and compelling reasons warranting his early release. See United

States v. Kibble , 992 F.3d 326, 329

- 30 (4th Cir. ), cert. denied , 142 S. Ct. 383 ( 2021)
(providing standard of review and outlining steps for evaluating compassionate release
motions); see also United States v. M cCoy , 981 F.3d 271, 282 n.7 (4th Cir. 2020)
(providing that, although courts may not treat U.S. Sentencing Guidelines Manual

§ 1B1.13 , p.s. (2018) as binding, the policy statement “r emains helpful guidance even
when motions are filed by defendants” ). Accordingly, we affirm the district court’s order.
We dispense with oral argument because the facts and legal contentions are adequately
presented in the materials before th is court and argument would not aid the decisional

process.

AFFIRMED USCA4 Appeal: 21-6560 Doc: 22 Filed: 03/07/2022 Pg: 2 of 2
EXHIBIT  32.2
                            CERTIFICATION PURSUANT TO
            RULE 13A-14(1) OR RULE 15D-14(B) AND 18 U.S.C. SEC. 1350,
                    AS ADOPTED PURSUANT TO SECTION 906 OF THE
                           SARBANES-OXLEY ACT OF 2002


In connection with the quarterly report of Petrosearch Energy Corporation, (the
"Company") on Form 10-QSB for the quarter ended September 30, 2005 as filed with
the Securities Exchange Commission on the date hereof (the "Report"), I, David
Collins, Chief Financial Officer of the Company, certify pursuant to 18 U.S.C.
Sec. 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  the  Report  fairly  presents, in all
          material respects, the financial condition and results of operation of
          the  company.


Date:  November  14,  2005


By:  /s/David  Collins
     -----------------
     David  Collins
     Chief  Financial  Officer
#### STATE OF NORTH CAROLINA v. BILLY KEITH FOWLER.

(Filed 10 July 1968.)

Criminal Law—

A motion for a continuance is addressed to the sound discretion of the presiding judge, and the denial of such a motion will not be disturbed on appeal except upon a showing of an abuse of discretion or that defendant has been denied a fair trial.

Appeal by defendant from *Bowman, S.J.,*January 1968 Criminal Session AlamaNCE Superior Court.

At the October 1967 Session, defendant was indicted under a bill of indictment, proper in form, for feloniously breaking and entering the premises of Superior Furniture Galleries, Inc., and the larceny of certain property therefrom on 1 August 1967.

On 20 October 1967, the court appointed H. Clay Hemric, Esq., of the Alamance Bar to represent the defendant, not only in this case but in thirty-one cases pending. Defendant’s counsel consulted with his client immediately after his appointment. The thirty-one cases pending against defendant were calendared for trial at the January 1968 Criminal Session of Alamance Superior Court, which convened on 15 January 1968. When this case was called for trial on 17 January 1968, defendant’s counsel moved for a continuance but the motion was denied. A jury found the defendant guilty as charged and from active prison sentence imposed, defendant appealed.

*553
      *T. Wade Bruton, Attorney General, by Mrs. Christine Y. Den-son, Staff Attorney, for the State.*

*H. Clay Hemric, Esq., Attorney for defendant appellant.*

Britt, J.

Defendant first assigns as error the failure of the trial •court to grant his motion for continuance. He contends that although his counsel was appointed on 20 October 1967 to represent him in the thirty-one cases, he did not learn until two days before the trial which of the thirty-one cases pending against him would be tried on the date calendared.

There is no merit in this assignment of error. “Granting or denying a motion for continuance rests in the sound discretion of the presiding judge and his decision will not be disturbed on appeal, except for abuse of discretion or a showing the defendant has been deprived of a fair trial.” Bobbitt, J., speaking for the Supreme Court of North Carolina in *State v. Ferebee,*266 N.C. 606, 146 S.E. 2d 666, and quoting from *State v. Ipock,*242 N.C. 119, 86 S.E. 2d 798. Defendant has failed to show abuse of discretion or that he has been deprived of a fair trial.

Defendant also assigns as error certain portions of the trial court’s charge to the jury. We have carefully considered the charge in its entirety and find that it is without prejudicial error; therefore, defendant’s assignments of error relating thereto are overruled.

Although defendant’s counsel did not comply with our Rule 19(d)(2), we have carefully reviewed the entire record. Defendant had a fair trial, free from prejudicial error. The judgment of the Superior Court is

Affirmed.

Campbell and Morris, JJ., concur.
**Exhibit32.2**

** **

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

 

I, MICHAEL H. McCLELLAN,am the Chief Financial 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-Q 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/ MICHAEL H.  MCCLELLAN |   |
|                     | Michael H.  McClellan     |   |
|                     | Chief Financial  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.

 

----
Presidential Documents

Federal Register / Vol. 70, No. 199 / Monday, October 17, 2005 / Presidential Documents 60403 

Presidential Determination No. 2005–41 of September 29, 2005 

Transfer of Funds from FY 2004 and 2005 Foreign Assistance Act and Arms Export Control Act Accounts to the International Narcotics Control and Law Enforcement Account to 

Support the G–8 Women’s Justice and Empowerment Initiative 

Memorandum for the Secretary of State 

Pursuant to the authority vested in me by the Constitution and laws of 

the United States, including section 610 of the Foreign Assistance Act of 

1961, as amended (the ‘‘Act’’), I hereby determine it necessary for the purposes of that Act that $5 million in FY 2004 funds made available under 

the Support for East European Democracy Act ($1 million) and FY 2005 

funds made available under chapter 9 of part II of the Act ($1.2 million) 

and under section 23 of the Arms Export Control Act ($2.8 million) be 

transferred to, and consolidated with, funds made available under chapter 

8 of part I of the Act, and such funds are hereby so transferred and consolidated. 

You are hereby authorized and directed to report this determination to 

the Congress and to publish it in the 

W 

Federal Register. 

THE WHITE HOUSE, 

Washington, September 29, 2005. 

[FR Doc. 05–20856 

Filed 10–14–05; 8:45 am] 

Billing code 4710–10–P
#### Board of Education of the Town of Bozrah *v.*State Board of Education et al.

The Supreme Court docket number is SC 14775.

*William R. Connon,*in support of the petition.

*Saranne P. Murray, Gregory T. D’Auria*and *Nina F. Elgo,*assistant attorney general, in opposition.

Decided May 17, 1993

The plaintiffs petition for certification for appeal from the Appellate Court, 30 Conn. App. 720 (AC 11277), is granted, limited to the following issue:

> “Was the Appellate Court correct in construing General Statutes §§ 10-253 (d) and 10-76d (e) to require the Bozrah board of education to provide school accomodations?”
**Avis juridique important**

*|*

# 31998R1061

**Commission Regulation (EC) No 1061/98 of 25 May 1998 amending Regulation (EC) No 2571/97 on the sale of butter at reduced prices and the granting of aid for cream, butter and concentrated butter for use in the manufacture of pastry products, ice-cream and other foodstuffs***Official Journal L 152 , 26/05/1998 P. 0003 - 0003*

COMMISSION REGULATION (EC) No 1061/98 of 25 May 1998 amending Regulation (EC) No 2571/97 on the sale of butter at reduced prices and the granting of aid for cream, butter and concentrated butter for use in the manufacture of pastry products, ice-cream and other foodstuffs 

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organisation of the market in milk and milk products (1), as last amended by Regulation (EC) No 1587/96 (2), and in particular Articles 6(6), 12(3) and 28 thereof,

Whereas Article 11 of Commission Regulation (EC) No 2571/97 (3) lays down the time limit for processing and incorporating into final products the products referred to in Article 1 of that Regulation; whereas the length of the time limit is for the moment a factor encouraging speculative operations; whereas the time limit should therefore be reduced;

Whereas, to ensure that the tenders are bona fide, given the current situation on the market, the tendering security referred to in Article 17(1) of Regulation (EC) No 2571/97 should be increased to ECU 350 per tonne;

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,

HAS ADOPTED THIS REGULATION:

Article 1 

Regulation (EC) No 2571/97 is hereby amended as follows:

1. in Article 11, 'six months` is replaced by 'three months`,

2. in Article 17(1), 'ECU 180` is replaced by 'ECU 350`.

Article 2 

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.

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

Done at Brussels, 25 May 1998.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 148, 28. 6. 1968, p. 13.

(2) OJ L 206, 16. 8. 1996, p. 21.

(3) OJ L 350, 20. 12. 1997, p. 3.
**Exhibit 31.1**
**CERTIFICATION**
     I, Dwight W. Decker, Chairman of the Board and Chief Executive Officer ofConexant Systems, Inc., certify that:
1. I have reviewed this Annual Report on Form 10-K of Conexant Systems,Inc.; 2. Based on my knowledge, this Annual Report does not contain any untruestatement of a material fact or omit to state a material fact necessary tomake the statements made, in light of the circumstances under which suchstatements were made, not misleading with respect to the period covered bythis Annual Report; 3. Based on my knowledge, the financial statements, and other financialinformation included in this Annual Report, fairly present in all materialrespects the financial condition, results of operations and cash flows ofthe registrant as of, and for, the periods presented in this AnnualReport; 4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrantand have:
a. designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known tous by others within those entities, particularly during the period inwhich this Annual Report is being prepared; b. evaluated the effectiveness of the registrant’s disclosure controlsand procedures and presented in this Annual Report our conclusionsabout the effectiveness of the disclosure controls and procedures, asof the end of the period covered by this Annual Report based on suchevaluation; and c. disclosed in this Annual Report any change in the registrant’sinternal control over financial reporting that occurred during theregistrant’s fourth fiscal quarter that has materially affected, or isreasonably likely to materially affect, the registrant’s internalcontrol over financial reporting; and
5. The registrant’s other certifying officer and I have disclosed, based onour most recent evaluation of internal control over financial reporting,to the registrant’s auditors and the audit committee of the registrant’sboard of directors (or persons performing the equivalent functions):
a. all significant deficiencies and material weaknesses in the designor operation of internal control over financial reporting which arereasonably likely to adversely affect the registrant’s ability torecord, process, summarize and report financial information; and b. any fraud, whether or not material, that involves management orother employees who have a significant role in the registrant’sinternal control over financial reporting.
Dated: December 9, 2004   /s/ Dwight W. Decker    Dwight W. Decker  Chairman of the Board and Chief Executive Officer