alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 18-40286

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

MIKEAEL LAKIEATH BOWEN, also known as Fat Mac, also known as Bull,

Defendant-Appellant

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 4:17-CR-25-3

Before DENNIS, CLEMENT, and SOUTHWICK, Circuit Judges.

PER CURIAM:*

The attorney appointed to represent Mikeael Lakieath Bowen has moved 

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

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

Cir. 2011). Bowen has filed a response. The record is not sufficiently developed 

to allow us to make a fair evaluation of Bowen’s claim of ineffective assistance 

of counsel, to the extent that he raises one; we therefore decline to consider the

 

* 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.

United States Court of Appeals

Fifth Circuit

FILED

December 18, 2018

Lyle W. Cayce

Clerk

 Case: 18-40286 Document: 00514765508 Page: 1 Date Filed: 12/18/2018
No. 18-40286

2

claim without prejudice to collateral review. See United States v. Isgar, 739 

F.3d 829, 841 (5th Cir. 2014).

We have reviewed counsel’s brief and the relevant portions of the record 

reflected therein, as well as Bowen’s response. We concur with counsel’s 

assessment that the appeal presents no nonfrivolous issue for appellate review. 

Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused 

from further responsibilities herein, and the APPEAL IS DISMISSED. See

5TH CIR. R. 42.2.

 Case: 18-40286 Document: 00514765508 Page: 2 Date Filed: 12/18/2018
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

December 28, 2018

RE: Product Exclusion Request Number: USTR-2018-0025-3283

CW Bearing USA, Inc:

I am pleased to notify you that the United States Trade Representative has determined to 

grant the above-referenced exclusion request submitted pursuant to the notice published at 83 FR 

32181 (‘July 11 notice’). The exclusion determination is set out in a formal notice which has 

been submitted to Office of the Federal Register for publication (‘the exclusion notice’). A prepublication version of the exclusion notice has been posted on the USTR website, at 

https://ustr.gov/sites/default/files/enforcement/301Investigations/12.21.18_Notice_of_Product_E

xclusions.pdf.

The scope of the exclusion is governed by the formal HTSUS language in the annex to 

the product exclusion notice, and not by the product descriptions set out in any particular request 

for exclusion. An exclusion in response to your request has been granted by excluding from the 

additional tariffs the 10-digit HTSUS subheading under which your request was filed. 

In accordance with the July 11 notice, the exclusion applies as of the July 6, 2018 

effective date of the tariff action, and will extend for one year after the exclusion notice is 

published in the Federal Register. As stated in the exclusion notice, U.S. Customs and Border 

Protection will issue additional instructions on entry guidance and implementation.

Sincerely,

Stephen P. Vaughn

General Counsel
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 882860
<NAME> PILGRIM AMERICA CAPITAL CORPORATION
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          SEP-30-1998
<PERIOD-START>                             OCT-01-1997
<PERIOD-END>                               SEP-30-1998
<EXCHANGE-RATE>                                      1
<CASH>                                             763
<SECURITIES>                                    18,808
<RECEIVABLES>                                      438
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                20,009
<PP&E>                                           1,415
<DEPRECIATION>                                     536
<TOTAL-ASSETS>                                  83,307
<CURRENT-LIABILITIES>                            6,368
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            81
<OTHER-SE>                                      46,483
<TOTAL-LIABILITY-AND-EQUITY>                    83,307
<SALES>                                              0
<TOTAL-REVENUES>                                43,301
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                26,232
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,216
<INCOME-PRETAX>                                 15,853
<INCOME-TAX>                                     6,546
<INCOME-CONTINUING>                              9,307
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     9,307
<EPS-PRIMARY>                                     1.62
<EPS-DILUTED>                                     1.40
        

</TABLE>
Exhibit 99.4

 

The            undersigned, being an officer of Deutsche Bank Trust Company Americas, as trustee (the            "Trustee"), with respect to Merrill Lynch Municipal ABS, Inc. Prerefunded Municipal            Certificates, Series 2 and Series 3, on whose behalf Merrill Lynch Municipal ABS Inc.            has prepared this annual report on Form 10-K for the fiscal year ended December 31,            2007 (the "Annual Report"), certifies as follows:

 

1.            The Trustee is the trustee under the trust agreement.

 

2.            Based on my knowledge, for the periods included in the year covered by the Annual            Report, the Trustee has fulfilled its obligations, including any servicing obligations,            under the trust agreement.

 

|   | /s/ | Scott Thiel |
|--------|-----|-------------|

|   | ____________________ |
|--------|----------------------|

|   | Name: | Scott Thiel |
|--------|-------|-------------|

|   | Title:                            Director |
|--------|--------------------------------------------|

|   | Date: | March 14, 2008 |
|--------|-------|----------------|

 

 

 

----
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

January 23, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-3439

Scosche Industries, Inc:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20. 

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that the imposition of additional duties on 

the particular product would cause severe economic harm to you or other U.S. interests.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn

General Counsel
**Exhibit 12(a)**

 

**Computation of Ratio Earnings to Fixed Charges**

**(dollars in thousands)**

 
| ** **                                         | ** ** | **Fiscal Year Ended June 30,** | ** ** |
|----------------------------------------------------|------------|-------------------------------------|------------|
| ** **                                         | ** ** | **2010**                            | ** ** | **2009** | ** ** | **2008** | ** ** |
|                                               |       |                                |       |   |   |   |   |
| **Earnings:**                                      |       |                                |       |   |   |   |   |
| Income (loss) before income taxes                  |       | $                                   | (18,787    | ) | $ | (81,180 | ) | $ | 92,178 |   |
| Unconsolidated affiliates’ interests, net     |       | —                              |       | — |   | — |   |
| Amortization of capitalized interest               |       | 61                                  |       | 46 |   | 45 |   |
| Interest expense and other related financing costs |       | 11,924                              |       | 11,764 |   | 11,713 |   |
| Interest portion of rent expense (1)               |       | 11,152                              |       | 12,901 |   | 13,659 |   |
| Adjusted earnings                                  |       | $                                   | 4,350      |   | $ | (56,469 | ) | $ | 117,595 |   |
|                                               |       |                                |       |   |   |   |   |
| **Fixed Charges:**                                 |       |                                |       |   |   |   |   |
| Interest expense and other related financing costs |       | $                                   | 11,924     |   | $ | 11,764 |   | $ | 11,713 |   |
| Interest portion of rent expense (1)               |       | 11,152                              |       | 12,901 |   | 13,659 |   |
| Total fixed charges                                |       | $                                   | 23,076     |   | $ | 24,665 |   | $ | 25,372 |   |
|                                               |       |                                |       |   |   |   |   |
| **Ratio of earnings to fixed  charges**            | ** ** | **0.19**                            | ** ** | **(2.29** | **)** | **4.63** | ** ** |

 

----

(1) One-third of rent expense is considered representative of theinterest factor within rent expense

 

----
[Federal Register Volume 60, Number 55 (Wednesday, March 22, 1995)]
[Notices]
[Page 15139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6987]



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

DEPARTMENT OF ENERGY
[Docket No. RP91-138-005]


Florida Gas Transmission Co., Notice of Revised Pro Forma Tariff 
Sheets

March 16, 1995.
    Take notice that on March 8, 1995 Florida Gas Transmission Company 
(FGT) tendered for filing to become part of its FERC Gas Tariff, Third 
Revised Volume No. 1, the following tariff sheets:

Pro Forma Sheet No. 120
Pro Forma Sheet No. 120A

    On February 10, 1995, FGT filed tariff sheets in compliance with a 
Commission order issued January 12, 1995 in Docket Nos. RS92-16-008 & 
009 and RP91-138-002 (January 12 Order). The February 10, 1995 filing 
included, among other things, modifications to FGT's scheduling 
provisions to provide a limited exemption from pro rata scheduling for 
uses determined to be ``Exempt Uses'' under a new capacity curtailment 
to be implemented on FGT's system by November 1, 1995. Such 
modifications provide that if nominations for firm service exceed the 
capacity available for firm service, FGT will first schedule requests 
for firm transportation service to serve Exempt Uses on a pro rata 
basis by end use priority for Priority 1 and 2 Uses.
    FGT inadvertently including these modifications on Pro Forma Sheet 
No. 121 in its Receipt Point Scheduling Priorities provisions contained 
in Section 10.C.2. of the General Terms and Conditions (GT&C) of FGT's 
FERC Gas Tariff. These provisions should have been added in the 
Scheduling Priorities--Mainline Capacity and Delivery Points provisions 
of Section 10.C.1 of the GT&C. In the instant filing, FGT is moving the 
identical provisions as proposed in Pro Forma Sheet No. 121 to Pro 
Forma Sheet No. 120.
    Any person desiring to protest said filing should file a protest 
with the Federal Energy Regulatory Commission, 825 North Capitol 
Street, N.E., Washington, D.C. 20426, in accordance with Section 
385.211 of the Commission's Rules and Regulations. All such protests 
should be filed on or before March 23, 1995. Protests will be 
considered by the Commission in determining the appropriate actions to 
be taken, but will not serve to make protestants parties to the 
proceedings. Copies of this filing are on file with the Commission and 
are available for public inspection.
Lois D. Cashell,
Secretary.
[FR Doc. 95-6987 Filed 3-21-95; 8:45 am]
BILLING CODE 6717-01-M
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

November 19, 2018

RE: Product Exclusion Request Number: USTR-2018-0025-3704

JLG Industries, Inc:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20. 

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that this particular product is available 

only from China.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn
EXHIBIT 23.2



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



February 25, 2009



Cross Timbers Royalty Trust

P.O. Box 830650

Dallas, TX 75283-0650



| | Re: | Cross Timbers Royalty Trust
| | --- | ---------------------------

| |  | 2008 Annual Report on Form 10-K
| |  | -------------------------------



Gentlemen:



The firm of Miller and Lents, Ltd., consents to the references to our firm in the form and context in which they appear and to the use of our report dated
February 20, 2009, regarding the Cross Timbers Royalty Trust Proved Reserves and Future Net Revenue as of December 31, 2008, in the 2008 Annual Report on Form 10-K. We further consent to the incorporation by reference in
Registration Statement Nos. 333-91460 and 33-55784 on Form S-8 of XTO Energy Inc.



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 PEARSONJames PearsonChairman
[Federal Register Volume 60, Number 57 (Friday, March 24, 1995)]
[Notices]
[Pages 15534-15535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7234]



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

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 031795A]


Marine Mammals

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

[[Page 15535]] ACTION: Amendment of scientific research permit no. 797 
(P77#57).

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

SUMMARY: Notice is hereby given that pursuant to the provisions of the 
Marine Mammal Protection Act of 1972, as amended
    (16 U.S.C. 1361 et seq.), the Regulations Governing the Taking and 
Importing of Marine Mammals (50 CFR part 216), the Endangered Species 
Act of 1973, as amended (16 U.S.C. 1531 et seq.), the Regulations 
Governing the Taking, Importing, and Exporting of Endangered Fish and 
Wildlife (50 CFR part 222), and the conditions hereinafter set out, 
scientific research permit no. 797, issued to the National Marine 
Mammal Laboratory, Alaska Fisheries Science Center, NMFS, NOAA, 7600 
Sand Point Way, NE., BIN C15700, Seattle, WA 98115, is amended to 
authorize that specimen materials and other cetacean and pinniped 
species parts and products subject to NMFS jurisdiction and included in 
professionally curated NOAA-managed collection(s), also may be exported 
for purposes of bona fide research, including analysis by individuals 
or laboratories, or their loan for use in properly curated 
professionally accredited scientific collections, including incidental 
exhibit of such collections to the public. These parts and products may 
be re-imported for further analyses or archival by the National Marine 
Mammal Laboratory.
    Documents pertaining to this permit and amendment are available for 
review by appointment in the following offices:
    Permits Division, Office of Protected Resources, NMFS, 1315 East-
West Highway, Room 13130, Silver Spring, MD 20910 (301/713-2289);
    Director, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802 
(907/586-7221);
    Director, Northwest Region, NMFS, 7600 Sand Point Way, NE., BIN 
C15700, Seattle, WA 98115 (206-526-6150);
    Director, Southwest Region, NMFS, 501 West Ocean Boulevard, Suite 
4200, Long Beach, CA 90802-4213 (310/980-4015);
    Director, Southeast Region, NMFS, 9721 Executive Center Drive, N., 
St. Petersburg, FL 33702-2432 (813/893-3141); and
    Director, Northeast Region, NMFS, One Blackburn Drive, Gloucester, 
MA 01930 (508/281-9200).

    Dated: March 17, 1995.
Ann Terbush,
Chief, Permits & Documentation Division, National Marine Fisheries 
Service.
[FR Doc. 95-7234 Filed 3-23-95; 8:45 am]
BILLING CODE 3510-22-F
#### Dennis Wayne PERRY, Appellant, v. The STATE of Texas, Appellee.

No. 01-95-00048-CR.

Court of Appeals of Texas, Houston (1st Dist.).

June 15, 1995.

Discretionary Review Refused Sept. 20, 1995.

Charles Brown, Houston, for appellant.

John B. Holmes, Jr., Calvin A. Hartmann, Devon Ward, Houston, for appellee.

Before HUTSON-DUNN, MIRABAL, and HEDGES, JJ.

OPINION

MIRABAL, Justice.

Appellant Dennis Wayne Perry pled guilty to possession of a controlled substance. The trial court found two enhancement para*163graphs true, and assessed punishment at 30-years confinement. We affirm.

In a single point of error, appellant asserts the trial court erred in overruling his motion for new trial. Pointing to the legislature’s recent amendments to the 1973 penal code, as well as revisions in the Health & Safety Code, appellant argues that the trial court incorrectly assessed his punishment. He maintains that, after he committed the offense but before he was tried, the legislature reclassified the offense from a second degree felony to a state jail felony and, therefore, he is entitled to be sentenced accordingly.

The 1993 amendments to the Health and Safety Code established a new offense classification for possession of certain amounts of controlled substances, and now provides that possession of less than one gram is a “state jail felony.” Tex.Health & Safety Code Ann. § 481.115(b) (Vernon Supp.1995). The legislature also amended the penal code to provide punishment guidelines for state jail felonies. *See*TexPenal Code Ann. § 12.35 (Vernon 1994). These amendments apply, however, only to offenses committed on or after September 1, 1994.1 In amending the Health and Safety Code, the legislature specifically provided that “an offense committed before the effective date of this article is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose.” Act of May 29,1993, 73rd Leg., R.S., ch. 900, sec. 2.08(b), 1993 Tex.Gen.Laws 3586, 3714.

It is undisputed that appellant committed the offense on August 20, 1994, prior to the effective date of the amendments. At the time appellant committed the offense, it was classified as a second degree felony,2 and his punishment was subject to enhancement for prior felony offenses.3 The trial court properly assessed punishment within the range provided by the laws in effect at the time of the offense. *Accord Wilson v. State,*899 S.W.2d 36 (Tex.App.—Amarillo, 1995, n.w.h.) (not yet reported).

We overrule appellant’s sole point of error and affirm the judgment.

1

. The effective date of the amendments was September 1, 1994. Act of May 29, 1993, 73rd Leg., R.S., ch. 900, sec. 2.09, 1993 Tex.Gen.Laws 3586, 3714; Act of May 29, 1993, 73rd Leg., R.S., ch. 900, § 1.01, 1993 Tex.Gen.Laws 3686, 3603; Act of May 29, 1993, 73rd Leg., R.S., ch. 900, § 4.01, 1993 Tex.Gen.Laws 3586, 3731.

2

. Act of May 16, 1989, 71st Leg., R.S., ch. 678, § 1, 1989 Tex.Gen.Laws 2230, 2936, *amended by*Act of May 29, 1993, 73rd Leg., R.S., ch. 900, § 2.02, 1993 Tex.Gen.Laws 3586, 3706.

3

. TexPenal Code Ann. § 12.42(d) (Vernon 1994).
<PAGE>
                                                                    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 Quarterly Report of Payless ShoeSource, Inc. (the
"Company") on Form 10-Q for the period ending November 1, 2003, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Steven J. Douglass, Chairman of the Board and Chief Executive Officer of the
Company, 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 the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.

Date: December 11, 2003


                                               /s/ Steven J. Douglass
                                               ----------------------------
                                               Steven J. Douglass
                                               Chairman of the Board and
                                               Chief Executive Officer