alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NO. 07-02-0196-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL C

JULY 12, 2002

________________________________

ABEL GARCIA SANCHEZ,

Appellant

v.

THE STATE OF TEXAS,

Appellee

_________________________________

FROM THE 64TH JUDICIAL DISTRICT OF HALE COUNTY;

NO. A13486-9908; HON. JACK R. MILLER, PRESIDING

_______________________________ 

Before QUINN, REAVIS, and JOHNSON, JJ.

Abel Garcia Sanchez (appellant) appeals his conviction for burglary of a habitation.

Appellate counsel, Kreg Hukill, moved to withdraw as counsel of record for appellant. He

did so on the grounds that appellant had filed a grievance against him. In his motion,

Hukill averred that he notified his client of the motion and his right to object to it. We

received no objection from appellant and granted the motion. At this point, appellant is

without appellate counsel. 

Accordingly, we abate this appeal and remand the cause to the 64th District Court

of Hale County (trial court) for further proceedings. Upon remand, the trial court shall
2

immediately cause notice of a hearing to be given and, thereafter, conduct a hearing to

determine the following:

1. whether appellant desires to prosecute this appeal; 

2. whether appellant is still indigent and entitled to appointed counsel; and 

3. whether appellant desires the appointment of counsel or desires to act pro

se (after receiving appropriate admonishment about representing one’s self).

We further direct the trial court to issue findings of fact and conclusions of law

addressing the foregoing subjects. Should the trial court find that appellant desires to

pursue this appeal, is indigent, wants appointed counsel, then we further direct the court

to appoint new counsel to assist in the prosecution of the appeal. The name, address,

phone number, telefax number, and state bar number of the new counsel who will

represent appellant on appeal must also be included in the court’s findings of fact and

conclusions of law. Furthermore, the trial court shall also cause to be developed 1) a

supplemental clerk’s record containing the findings of fact and conclusions of law, and 2)

a reporter’s record transcribing the evidence and argument presented at the

aforementioned hearing. Additionally, the trial court shall cause the supplemental clerk’s

record to be filed with the clerk of this court on or before August 11, 2002. Should

additional time be needed to perform these tasks, the trial court may request same on or

before August 11, 2002. 

We do caution, however, that appellant is not entitled to counsel of his own

choosing. Nor may he utilize the State Bar grievance system to surreptitiously achieve

that end. We do not suggest that this was his goal in initiating a grievance against
3

attorney Hukill, but that will be a circumstance considered in determining whether future

counsel will be allowed to withdraw should they too become the subject of a grievance.

Finally, the trial court shall provide a copy of this order to appellant at the aforementioned

hearing. It is so ordered.

Per Curiam

Do not publish.
[Federal Register Volume 60, Number 39 (Tuesday, February 28, 1995)]
[Notices]
[Pages 10891-10892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4822]



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SMALL BUSINESS ADMINISTRATION
[Application No. 99000161]


United Partners, Inc.; Notice of Filing of an Application for a 
License to Operate as a Small Business Investment Company

    Notice is hereby given of the filing of an application with the 
Small Business Administration (SBA) pursuant to Sec. 107.102 of the 
Regulations governing small business investment companies (13 CFR 
107.102 (1994)) by UBS Partners, Inc. at 299 Park Avenue, New York, NY 
10171, for a license to operate as a small business investment company 
(SBIC) under the Small Business Investment Act of 1958, as amended, (15 
U.S.C. et. seq.), and the Rules and Regulations promulgated thereunder. 
Its area of operation will be throughout the United States.
    UBS Partners, Inc. is a wholly owned subsidiary of UBS, Inc. UBS 
Partners, Inc. has three officers: Justin S. Maccarone, President; 
Jeffrey Keenan, Vice-President and Secretary; and, Michael Greene, 
Vice-President and Treasurer. The Officers, who will be employed by the 
parent and other affiliates, have extensive banking and senior 
management experience, advanced academic training in business 
management, and multiple investment experiences in varied companies and 
industries.
    The applicant will begin operations with Regulatory Capital of $2.6 
million and will be a source of equity and subordinated debt for 
companies with annual sales of $5 million, as well as, startup small 
business concerns.
    Matters involved in SBA's consideration of the application include 
the general business reputation and character of the proposed owners 
and management, and the probability of successful operations of the new 
company under their management, including profitability and financial 
soundness in accordance with the Act and Regulations.
    Notice is hereby given that any person may, not later than 15 days 
from the [[Page 10892]] date of publication of this Notice, submit 
written comments on the proposed SBIC to the Associate Administrator 
for Investment, Small Business Administration, 409 3rd Street, SW., 
Washington, DC 20416.
    A copy of this Notice will be published in a newspaper of general 
circulation in New York, New York.

(Catalog of Federal Domestic Assistance Programs No. 59.011, Small 
Business Investment Companies)

    Dated: February 22, 1995.
Robert D. Stillman,
Associate Administrator for Investment.
[FR Doc. 95-4822 Filed 2-27-95; 8:45 am]
BILLING CODE 8025-01-M
[Federal Register Volume 60, Number 41 (Thursday, March 2, 1995)]
[Rules and Regulations]
[Page 11634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5133]



=======================================================================
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 1837


Revision to NASA FAR Supplement Coverage on Pension Portability; 
Correction

AGENCY: Office of Procurement, Acquisition Liaison Division, National 
Aeronautics and Space Administration (NASA).

ACTION: Correction to final regulations.

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SUMMARY: This document contains corrections to the final regulations 
that were published Tuesday, November 29, 1994 (59 FR 60916). The 
regulation related to pension portability.

EFFECTIVE DATE: December 29, 1994.

FOR FURTHER INFORMATION CONTACT:
David K. Beck, (202) 358-0482.

SUPPLEMENTARY INFORMATION:

Background

    The final regulations that are the subject of this correction 
superseded, as of the effective date, NASA FAR Supplement coverage on 
pension portability in 48 CFR 1837.101, 1837.110, 1837.170, and 
1852.237-71.

Need for Correction

    As published, the final regulations contained an error in the 
amendatory language for 48 CFR subpart 1837.1. The amendatory language 
revised subpart 1837.1 in its entirety. In subpart 1837.1, the revision 
should have been limited to the three sections on pension portability. 
As a result of the error, three sections unrelated to pension 
portability were unintentionally removed. This correction is needed in 
order to retain sections 1837.104, 1837.105, and 1837.110-70.

Correction of Publication

    Accordingly, the publication on November 29, 1994, of the final 
regulations, which were the subject of FR Doc. 94-29273, is corrected 
as follows:
    Paragraph 2. On page 60917, in the first column, the amendatory 
language is corrected to read ``In subpart 1837.1, sections 1837.101, 
1837.110, and 1837.170 are revised to read as follows:''
David K. Beck,
Federal Register Liaison Officer, Office of Procurement.
[FR Doc. 95-5133 Filed 3-1-95; 8:45 am]
BILLING CODE 7510-01-M
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-30481 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus OLIVER MYLES, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Louisiana

USDC No. 91-CR-410-F

- - - - - - - - - - February 12, 1998 Before SMITH, EMILIO M. GARZA, and DeMOSS, Circuit Judges.
PER CURIAM: * Oliver Myles, prisoner no. 24494-077, appeals the district court’s denial of his motion for reconsideration of the district court’s order granting the Government’s motion to reduce Myles’ sentence by 12 months pursuant to Fed. R. Crim. P. 35(b) for his assistance in the prosecution of other conspiracy members. Myles argues that the Government breached its agreement to recommend a greater reduction. The district court lacked jurisdiction to consider Myles’No. 97-30481 -2- motion, which was filed more than a year following the district court’s ruling on the Rule 35(b) motion. See United States v. Cook , 670 F.2d 46, 48-49 (5th Cir. 1982). Myles’ request for appointment of counsel is DENIED.
AFFIRMED.
[Federal Register Volume 60, Number 38 (Monday, February 27, 1995)]
[Notices]
[Pages 10627-10628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4657]



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SMALL BUSINESS ADMINISTRATION
[Delegation of Authority No. 1-A; Rev. 20]


Delegation of Authority; Notice

    Delegation of Authority No. 1-A (Revision 20) is hereby revised to 
read as follows:
    (a) Pursuant to authority vested in me by the Small Business Act of 
1958, 72 Stat. 384, as amended, authority is hereby delegated to the 
following officials in the following order:
    1. Deputy Administrator.
    2. General Counsel.
    3. Chief of Staff.
    4. Counselor to the Administrator.
    5. Associate Deputy Administrator for Economic Development.
    6. Associate Deputy Administrator for Government Contracting and 
Minority Enterprise Development to perform, in event of the absence or 
incapacity of the [[Page 10628]] Administrator any and all acts which 
the Administrator is authorized to perform, including but not limited 
to authority to issue, modify, or revoke delegations of authority and 
regulations, except exercising authority under section 9(d) and 11 of 
the Small Business Act, as amended.
    (b) An individual acting on any of the positions in paragraph (a) 
remains in the line of succession only if he or she has been designated 
acting by the Administrator or Acting Administrator due to a vacancy in 
the position.
    (c) This delegation is not in derogation of any authority residing 
in the above-listed officials relating to the operations of their 
respective programs, nor does it affect the validity of any delegations 
currently in force and effect and not revoked or revised herein.

EFFECTIVE DATE: February 10, 1995.

    Dated: February 10, 1995.
Philip Lader,
Administrator.
[FR Doc. 95-4657 Filed 2-24-95; 8:45 am]
BILLING CODE 8025-01-M
## Detailed Single Year Tables

- Individual Provisions
- Level of Monthly Benefits

### **Description of Proposed Provision:						B7.7: Reduce individual Social Security benefits if modified adjusted gross income, or MAGI (AGI less taxable Social Security benefits plus nontaxable interest income) is above $60,000 for single taxpayers or $120,000 for taxpayers filing jointly. This provision is effective for individuals newly eligible for benefits in 2028 or later. The percentage reduction increases linearly up to 50 percent for single/joint filers with MAGI of $180,000/$360,000 or above. Index the MAGI thresholds for years after 2028, based on changes in the SSA average wage index.**

### Financial Estimates for the OASDI Trust Fund Program

### Summarized Estimates
#### MRS. ELLA G. HOLCOMB v. W. H. HOLCOMB.

(Filed 10 November, 1926.)

Appeal ajad Errar — Judgments—Default—Findings—Review.

Where the Superior Court judge lias made no findings of fact upon which he has refused to set aside a judgment by default for “mistake, inadvertence, surprise or excusable neglect,” and the defendant has not requested him to do so, there is nothing before the Supreme Court on appeal upon'which it may predicate a decision, and the judgment below will be affirmed.

Appeal by defendant from *Lyon, J.,*at March Term, 1926, of Subby.

Motion to set aside judgment by default final, rendered by the clerk of the Superior Court of Surry County on 22 September, 1924. Motion denied, and this ruling was affirmed on appeal to the Superior Court at March Term, 1926. The defendant appeals.

*W. L. Reece and J. M. Folger for plaintiff.*

*W. F. Garter for defendant.*

Stacy, C. J.

This is an appeal from a refusal to set 'aside a judgment by default final on the ground of “mistake, inadvertence, surprise or excusable neglect,” under C. S., 600. The judge, not being requested to do so, found no facts upon which he based his ruling. *Carter v. Rountree,*109 N. C., 29. In the absence of such finding, it is presumed that the judge, upon proper evidence, found facts sufficient to support his judgment. *McLeod v. Gooch,*162 N. C., 122. Hence, there is nothing for us to review. *Osborn v. Leach,*133 N. C., 428. *“We*do not consider affidavits for the purpose of finding facts ourselves in motions of this sort.” *Gardiner v. May,*172 N. C., 192. It would have been error for the judge not to have found the facts, had he been requested to do so. *McLeod v. Gooch, supra.*But he is not required to make such finding in the absence of a request by some of the parties. *Lumber Co. v. Buhmann,*160 N. C., 385. See *Norton v. McLaurin,*125 N. C., 185, for full discussion of the subject.

Affirmed.
[Federal Register Volume 60, Number 40 (Wednesday, March 1, 1995)]
[Notices]
[Page 11151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4977]



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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-219]


GPU Nuclear Corporation; Notice of Issuance of Amendment to 
Facility Operating License

    The U.S. Nuclear Regulatory Commission (Commission) has issued 
Amendment No. 177 to Facility Operating License No. NPF-16 issued to 
GPU Nuclear Corporation (the licensee), which revised the Technical 
Specifications for operation of the Oyster Creek Nuclear Generating 
Station located in Ocean County, New Jersey. The amendment is effective 
as of the date of issuance, to be implemented within 60 days of 
issuance.
    The amendment revises Technical Specification 2.3.D to change the 
setpoints ``Reactor High Pressure, Relief Valve Initiation'' by 
increasing the setpoint value by 15 psig for each of the Electromatic 
Relief Valves in the Automatic Depressurization System.
    The application for the amendment complies with the standards and 
requirements of the Atomic Energy Act of 1954, as amended (the Act), 
and the Commission's rules and regulations. The Commission has made 
appropriate findings as required by the Act and the Commission's rules 
and regulations in 10 CFR Chapter I, which are set forth in the license 
amendment.
    Notice of Consideration of Issuance of Amendment and Opportunity 
for Hearing in connection with this action was published in the Federal 
Register on July 5, 1994 (59 FR 34453). No request for a hearing or 
petition for leave to intervene was filed following this notice.
    The Commission has prepared an Environmental Assessment related to 
the action and has determined not to prepare an environmental impact 
statement. Based upon the environmental assessment, the Commission has 
concluded that the issuance of the amendment will not have a 
significant effect on the quality of the human environment (60 FR 
9056).
    For further details with respects to the action see (1) The 
application for amendment dated June 15, 1994, as supplemented 
September 23, and November 23, 1994, (2) Amendment No. 177 to License 
No. DPR-16, (3) the Commission's related Safety Evaluation, and (4) the 
Commission's Environmental Assessment. All of these items are available 
for public inspection at the Commission's Public Document Room, the 
Gelman Building, 2120 L Street NW., Washington, DC, and at the local 
public document room located at the Ocean County Library, Reference 
Department, 101 Washington Street, Toms River, NJ 08753.

    Dated at Rockville, Maryland, this 21st day of February 1995.

    For the Nuclear Regulatory Commission.
Alexander W. Dromerick, Sr.
Project Manager, Project Directorate I-4, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 95-4977 Filed 2-28-95; 8:45 am]
BILLING CODE 7590-01-M
[Federal Register Volume 60, Number 39 (Tuesday, February 28, 1995)]
[Notices]
[Page 10864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4867]



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FEDERAL TRADE COMMISSION
[Dkt. C-3552]


New England Juvenile Retailers Association, et al.; Prohibited 
Trade Practices, and Affirmative Corrective Actions

AGENCY: Federal Trade Commission.

ACTION: Consent order.

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SUMMARY: In settlement of alleged violations of federal law prohibiting 
unfair acts and practices and unfair methods of competition, this 
consent order prohibits, among other things, a Massachusetts 
association of retailers from combining, agreeing or conspiring to: fix 
or maintain prices or the terms of sale for juvenile products; engage 
in or threaten boycotts in order to influence a manufacturer's decision 
as to how or to whom it distributes its products; or use coercion by 
means of actual or threatened refusals to deal in order to compel a 
juvenile products manufacturer to adopt or refrain from adopting any 
marketing method for its products. The consent order also requires the 
dissolution of the association within sixty days and requires the 
association to send a letter, acknowledging the consent order with the 
Commission and outlining its terms, to the manufacturers it allegedly 
threatened to boycott.

DATES: Complaint and Order issued January 18, 1995.\1\

    \1\Copies of the Complaint, the Decision and Order, and 
Commissioner Azcuenaga's statement are available from the 
Commission's Public Reference Branch, H-130, 6th Street & 
Pennsylvania Avenue, NW., Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT:
Phoebe Morse, Boston Regional Office, Federal Trade Commission, 101 
Merrimac St., Suite 810, Boston, MA 02114-4719. (617) 424-5960.

SUPPLEMENTARY INFORMATION: On Tuesday, November 1, 1994, there was 
published in the Federal Register, 59 FR 54604, a proposed consent 
agreement with analysis In the Matter of New England Juvenile Retailers 
Association, et al., for the purpose of soliciting public comment. 
Interested parties were given sixty (60) days in which to submit 
comments, suggestions or objections regarding the proposed form of the 
order.
    No comments having been received, the Commission has ordered the 
issuance of the complaint in the form contemplated by the agreement, 
made its jurisdictional findings and entered an order to cease and 
desist, as set forth in the proposed consent agreement, in disposition 
of this proceeding.

(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets or applies sec. 5, 
38 Stat. 719, as amended; 15 U.S.C. 45)
Donald S. Clark,
Secretary.
[FR Doc. 95-4867 Filed 2-27-95; 8:45 am]
BILLING CODE 6750-01-M
II 

117TH CONGRESS 

2D SESSION S. 3938 

To reauthorize the READ Act. 

IN THE SENATE OF THE UNITED STATES 

MARCH 28, 2022 

Mr. DURBIN (for himself and Mr. RUBIO) introduced the following bill; which 

was read twice and referred to the Committee on Foreign Relations 

A BILL 

To reauthorize the READ Act. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘READ Act 

5 Reathorization Act of 2022’’. 

6 SEC. 2. REAUTHORIZATION. 

7 Section 4(a) of the Reinforcing Education Account8 ability in Development Act (division A of Public Law 115– 

9 56; 22 U.S.C. 2151c note) is amended by striking ‘‘during 

10 the following five fiscal years’’ and inserting ‘‘during the 

11 following ten fiscal years’’. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS
**EXHIBIT32.1**

 

**CERTIFICATION PURSUANT TO18 U.S.C. §1350,AS ADOPTED PURSUANT TO**SECTION 906 OF THESARBANES-OXLEY ACT OF 2002

 

In connection with the AnnualReport of H.F. Financial Corp. (the “Company”) on Form 10-K for the year endedJune 30, 2003, as filed with the Securities and Exchange Commission on thedate hereof (the “Report”), I, Curtis L. Hage, Chairman, President and ChiefExecutive Officer of the Company, certify, pursuant to 18 U.S.C. §1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that tothe best of my knowledge:

 

(1)                                  The Report fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of1934; and

 

(2)                                  The information contained in the Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Company.

 

 
|   | /s/ Curtis L. Hage                   |                           |
|--------|--------------------------------------|--------------------------------|
|   | Curtis L. Hage, Chairman,  President |
|   | and Chief  Executive Officer         |
|   |                                 |
|   | Date:                                |   September 24, 2003 |   |
|        |                                      |                                |  |  |

 

 

----

*                                         A signed original of this written statementrequired by Section 906 has been provided to H.F. Financial Corp. and willbe retained by H.F. Financial Corp. and furnished to the Securities andExchange Commission or its staff upon request.

 

1

----
<PAGE>


                                                                    EXHIBIT 23.2

               [LETTERHEAD OF MILLER AND LENTS, LTD. APPEARS HERE]

                                                       March 27, 2002

Cross Timbers Royalty Trust
P.O. Box 830650
Dallas, TX 75283-0650

           Re:   Cross Timbers Royalty Trust
                 2001 Annual Report on Form 10-K

Gentlemen:

           The firm of Miller and Lents, Ltd., consents to the use of its name
and to the use of its report dated March 21, 2002, regarding the Cross Timbers
Royalty Trust Proved Reserves and Future Net Revenues as of January 1, 2002, in
the 2001 Annual Report on Form 10-K.

           Miller and Lents, Ltd., has no interests in the Cross Timbers Royalty
Trust or in any affiliated companies or subsidiaries and is not to receive any
such interest as payment for such reports and has no director, officer, or
employee otherwise connected with Cross Timbers Royalty Trust. We are not
employed by Cross Timbers Royalty Trust on a contingent basis.

                                                       Yours very truly,

                                                       MILLER AND LENTS, LTD.


                                                     By    /s/ James C. Pearson
                                                         -----------------------
                                                         James C. Pearson
                                                         Chairman