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

No. 16

- 60048 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v.
ALOIN BENITEZ

- MENDOZA, also known as Sael Orsos, also known as Alver Rian Sosa, also known as Irvin Oslas, also known as Arias, also known as Irvin Ariasolsas, also known as Aloin M. Be nites, also known as Ramon Benit ezmendoza, also known as Alver Rian, also kno wn as Alver Soso, also known as Alver Sosorian, also known as Bernave Mendes, also known as Eddie Rojas, also known as Alver Soso

- Rian, also known as Ramon Benitez

- Mendoza , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Mississippi USDC No. 1:15

- CR

- 56

- 1

Before KING, DENNIS, and COSTA, Circuit Judges. PER CURIAM: * Aloin Benitez

- Mendoza appeals his 84

- month sentence following his guilty plea conviction for illegal reentry

. The Government moves to dismiss the appeal as barred by the appeal waiver or, in the alternative, for a summary

* 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 R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR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. United States Court of Appeals Fifth Circuit 

### FILED August 3, 2016 Lyle W. Cayce Clerk Case: 16-60048 Document: 00513621493 Page: 1 Date Filed: 08/03/2016No. 16

- 60048

2 affirmance . Benitez

- Mendoza responds that his appeal waiver should not be enforced because it is invalid. We review de novo the validity of an appeal waiver. United States v. Burns , 433 F.3d 442, 445 (5th Cir. 2005). Benitez

- Mendoza’s signed plea agreement and the rearraignment transcript show that he freely and knowingly pleaded guilty and waived his appellate rights. See United States

v. Portillo , 18 F.3d 290, 292 (5th Cir. 1994); United States v. Guerra , 94 F.3d 989, 995 (5th Cir. 1996). Benitez

- Mendoza ’s argument that we should not enforce the agreement because it is prospective is unavailing. See United States v. Melancon , 972 F.2d 56 6, 567

- 68 (5th Cir. 1992); United States v. Mata

Ramirez , 562 F. App’x 234, 235 ( 5th Cir. 2010 ) . Likewise, our precedent rejects his argument that his waiver was not voluntary because of the gross disparity in bargaining power between a defendant and the Government

. See United States v. Cobos , 255 F. App’x 835, 837 (5th Cir. 2007); see also United States v. Baymon , 312 F.3d 725, 729 (5th Cir. 2002) (upholding provision waiving right to appeal on any grounds). Last, we have no reason to grant his request that we reconsider our routine acceptance of appeal waivers. See Jacobs v. Nat’l Drug Intelligence Ctr. , 548 F.3d 375, 378 (5th Cir. 2008). Accordingly, IT IS ORDERED that the Government’s motion for dismissal is GRANTED, and the appeal is DISMIS SED. The alternative motion for summary affirmance is DENIED as unnecessary. Case: 16-60048 Document: 00513621493 Page: 2 Date Filed: 08/03/2016
Fialka-Feldman v. Oakland University Board of Trustees Doc. 39 Att. 29

Dockets.Justia.com
IN THE SUPREME COURT OF TEXAS

- - - - - - - -

NO. 17-0963

JOSEPH GEETING, RICHARD

GEETING, AND LAURI GEETING

v.

CRAIG DYER AND DYER

CUSTOM INSTALLATION, INC. §

§

§

§

§

§ Dallas County,

5th District.

August 31, 2018

Petitioners' petition for review, filed herein in the above numbered and styled case,

having been duly considered, is ordered, and hereby is, denied.

         

I, BLAKE A. HAWTHORNE

, Clerk of the Supreme Court of Texas, do hereby certify

that the above is a true and correct copy of the orders of the Supreme Court of Texas in the case

numbered and styled as above, as the same appear of record in the minutes of said Court under

the date shown.

It is further ordered that petitioners, JOSEPH GEETING, RICHARD GEETING, AND

LAURI GEETING, pay all costs incurred on this petition.

WITNESS my hand and seal of the Supreme Court of Texas, at the City of Austin, this

the 12th day of October, 2018

.

Blake A. Hawthorne, Clerk

By Monica Zamarripa, Deputy Clerk
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 84 Engrossed in House (EH)]

H. Res. 84

                In the House of Representatives, U. S.,

                                                      January 26, 2009.
Whereas US Airways Flight 1549 took off from LaGuardia Airport in Queens, New 
        York, on January 15, 2009, bound for Charlotte, North Carolina, and lost 
        engine power shortly after takeoff;
Whereas Captain Chesley B. Sullenberger III and First Officer Jeffrey B. Skiles 
        recognized the need to land the plane quickly and sought out the Hudson 
        River as the best option to avoid populated areas;
Whereas Sullenberger and Skiles displayed quick thinking and skillful control of 
        the aircraft, setting the plane down in a controlled landing in the 
        water;
Whereas flight attendants Sheila Dail, Doreen Welsh, and Donna Dent of Flight 
        1549 reacted swiftly to prepare passengers for impact in a minimal 
        amount of time;
Whereas local ferry boats, official police boats, and U.S. Coast Guard crafts 
        were able to reach the airliner quickly and rescue the passengers and 
        crew from the near-freezing water;
Whereas Dail, Welsh, and Dent evacuated all 150 passengers onto the awaiting 
        U.S. Coast Guard, ferry boats, and official police boats within minutes;
Whereas even as the plane began sinking in the Hudson River, Sullenberger 
        remained in the plane surveying the aisle twice to make sure all 
        passengers had gotten out safely before he exited the aircraft; and
Whereas due to the heroic efforts of the flight crew of Flight 1549, and the 
        rescue boats, all 155 passengers and crew survived, without serious 
        injury: Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) applauds the skill, quick thinking, and bravery of Captain 
        Chesley B. Sullenberger III and First Officer Jeffrey B. Skiles;
            (2) commends the quick response by the flight attendants Doreen 
        Welsh, Donna Dent, and Sheila Dail of Flight 1549 to prepare passengers 
        for impact and rapid evacuation; and
            (3) praises the quick response from the boats, first responders, and 
        private citizens that arrived at the scene to aid and rescue passengers.
            Attest:

                                                                          Clerk.
```
#### STATE of Missouri, Respondent, v. Douglas YARN, Appellant. Douglas VARN, Appellant, v. STATE of Missouri, Respondent.

Nos. 62686, 64635.

Missouri Court of Appeals, Eastern District, Division Five.

Aug. 23, 1994.

Motion for Rehearing and/or Transfer to Supreme Court Denied Sept. 28, 1994.

Application to Transfer Denied Nov. 22, 1994.

Lester W. Duggan, Jr., St. Charles, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Millie Aulbur, Asst. Atty. Gen., Jefferson City, for respondent.

Before GRIMM, C.J., and CRIST and CARL R. GAERTNER, JJ.

*ORDER*

PER CURIAM.

Defendant, Douglas Varn, appeals from his conviction of one count of child abuse and his sentence to eight months incarceration in the St. Louis County Department of Justice Services and a $5,000 fine. He also appeals from the denial of his Rule 29.15 motion after an evidentiary hearing. We affirm both judgments.

We have reviewed the record and find the claims of error are without merit; no error of law appears, and the findings and conclusions of the motion court are not clearly erroneous. An opinion would have no precedential value nor serve any jurisprudential purpose. The parties have been furnished with a memorandum for their information only setting forth the reasons for this order affirming the judgments pursuant to Rule 30.25(b) and 84.16(b).
[Federal Register Volume 61, Number 125 (Thursday, June 27, 1996)]
[Notices]
[Page 33510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16483]


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

FEDERAL TRADE COMMISSION
[Dkt. C-3478]


The Valspar Corporation, et al., Prohibited Trade Practices and 
Affirmative Corrective Actions

AGENCY: Federal Trade Commission.

ACTION: Modifying order.

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

SUMMARY: The order reopens a 1994 consent order that settled 
allegations that Valspar's acquisition of the Resin Products Division 
of Cargill, Inc. would eliminate competition between two leading U.S. 
producers of coating resins. This order modifies the consent order by 
deleting the prior approval requirements in Paragraphs VI and VII 
pursuant to the Commission's Prior Approval Policy, under which the 
Commission presumes that the public interest requires reopening prior 
approval provisions in outstanding merger orders and making them 
consistent with the policy.

DATES: Consent order issued January 25, 1994. Modifying order issued 
August 29, 1995.\1\

    \1\ Copies of the Modifying Order and Commissioner Azcuenaga's 
statement are available from the Commission's Public Reference 
Branch, H-130, 6th Street and Pennsylvania Avenue, N.W., Washington, 
D.C. 20580.
---------------------------------------------------------------------------

FOR FURTHER INFORMATION CONTACT:
Daniel Ducore, FTC/S-2115, Washington, D.C. 20580. (202) 326-2526.

SUPPLEMENTARY INFORMATION: In the matter of The Valspar Corporation, et 
al. The prohibited trade practices and/or corrective actions as set 
forth at 59 FR 11610, are changed, in part, as indicated in the 
summary.

(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret or apply sec. 5, 38 
Stat. 719, as amended; sec. 7, 38 Stat. 731, as amended; 15 U.S.C. 
45, 18)
Donald S. Clark,
Secretary.
[FR Doc. 96-16483 Filed 6-26-96; 8:45 am]
BILLING CODE 6750-01-M
**EXHIBIT 23.1****CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**We consent to the incorporation by reference in this Annual Report (Form 10-K) of IndustrialDistribution Group, Inc. of our report dated March 13, 2007, with respect to the consolidatedfinancial statements of Industrial Distribution Group, Inc., included in the 2006 Annual Report toStockholders of Industrial Distribution Group, Inc.Our audits also included the financial statement schedule of Industrial Distribution Group, Inc.listed in Item 15(a). This schedule is the responsibility of Industrial Distribution Group, Inc.’smanagement. Our responsibility is to express an opinion based on our audits. In our opinion, as towhich the date is March 13, 2007, the financial statement schedule referred to above, whenconsidered in relation to the basic financial statements taken as a whole, presents fairly in allmaterial respects the information set forth therein.We consent to the incorporation by reference in the following Registration Statements:**•** Registration Statement No. 333-58072 on Form S-8 pertaining to the Industrial Distribution Group, Inc. Amended and RestatedEmployee Stock Purchase Plan,**•** Registration Statement No. 333-45323 on Form S-8 pertaining to the Industrial Distribution Group, Inc. Stock Incentive Plan,**•** Registration Statement No. 333-41921 on Form S-8 pertaining to the Industrial Distribution Group, Inc. Amended and RestatedEmployee Stock Purchase Plan,**•** Registration Statement No. 333-78005 on Form S-8 pertaining to the Industrial Distribution Group, Inc. Management IncentiveProgram,**•** Registration Statement No. 333-51851 on Form S-3 pertaining to the Post effective Amendment No. 3 on Form S-3 to Form S-1Registration Statement, and**•** Registration Statement No. 333-85480 on Form S-3pertaining to the Industrial Distribution Group, Inc. registration of shares of common stock;of our report dated March 13, 2007, with respect to the consolidated financial statements ofIndustrial Distribution Group, Inc. incorporated herein by reference, our report dated March 13,2007, with respect to Industrial Distribution Group, Inc. management’s assessment of theeffectiveness of internal control over financial reporting and the effectiveness of internalcontrol over financial reporting of Industrial Distribution Group, Inc., included herein, and ourreport included in the preceding paragraph with respect to the financial statement schedule ofIndustrial Distribution Group, Inc. included in this Annual Report (Form 10-K) of IndustrialDistribution Group, Inc./s/ Ernst & Young LLPAtlanta, Georgia
11TH COURT OF APPEALS

EASTLAND, TEXAS

JUDGMENT

In re Ugochukwu Ada Odo, * Original Mandamus Proceeding

No. 11-21-00227-CV * October 14, 2021

* Per Curiam Memorandum Opinion

(Panel consists of: Bailey, C.J.,

Trotter, J., and Williams, J.

This court has inspected the record in this cause and concludes that Relator’s 

petition for writ of mandamus should be denied. Therefore, in accordance with 

this court’s opinion, the petition for writ of mandamus is denied.
EXHIBIT 12

                               EDT LEARNING, INC.
                       RATIO OF EARNINGS TO FIXED CHARGES

     The following table sets forth the Company's earnings to fixed charges for
the periods indicated:

                                                     YEAR ENDED MARCH 31,
                                                   ------------------------
                                                    2003     2002     2001
                                                   ------   ------   ------
          Ratio of Earnings to Fixed Charges (a)    (a)       2.4     (c)

(a)  Due to the loss recorded in 2003, the ratio coverage was less than 1:1. The
     Company would have needed to generate additional earnings of $3.7 million
     to achieve a ratio coverage of 1:1 in 2003.

(b)  For the purposes of computing the consolidated ratio of earnings to fixed
     charges, earnings consist of income before income taxes and extraordinary
     items. Fixed charges consist of interest on all indebtedness, amortization
     of debt discount and expense, and that portion of rental expense that we
     believe to be representative of interest.

(c)  Due to the loss recorded in 2001, the ratio coverage was less than 1:1. The
     Company would have needed to generate additional earnings of $25 million to
     achieve a ratio coverage of 1:1 in 2001.
[Federal Register Volume 61, Number 125 (Thursday, June 27, 1996)]
[Notices]
[Page 33570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16422]


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


SMALL BUSINESS ADMINISTRATION

Declaration of Disaster Loan Area #2859, (Amendment #1); West 
Virginia

    In accordance with a notice from the Federal Emergency Management 
Agency, effective June 5, 1996, the above-numbered Declaration is 
hereby amended to expand the type of incident for this disaster to 
include damages resulting from wind driven rain and mudslides, and to 
expand the incident period to May 15, 1996 and continuing.
    All other information remains the same, i.e., the termination date 
for filing applications for physical damage is July 22, 1996, and for 
loans for economic injury the deadline is February 24, 1997.

(Catalog of Federal Domestic Assistance Program Nos. 59002 and 
59008)

    Dated: June 19, 1996.
Bernard Kulik,
Associate Administrator for Disaster Assistance.
[FR Doc. 96-16422 Filed 6-26-96; 8:45 am]
BILLING CODE 8025-01-P
[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Notices]
[Page 34923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17043]


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


DEPARTMENT OF TRANSPORTATION

Aviation Rulemaking Advisory Committee Meeting on General 
Aviation and Business Airplane and Transport Airplane and Engine Issues

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of meeting.

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

SUMMARY: The FAA is issuing this notice to advise the public of a 
meeting of the Federal Aviation Administration's Aviation Rulemaking 
Advisory Committee to discuss harmonization priorities and issues 
related to certification and validation of foreign products.

DATES: The meeting will be held July 29, 1996 for General Aviation and 
Business Airplane (GABA) Issues, starting at 9 a.m. and July 31 through 
August 1, 1996 for Transport Airplane and Engine (TAEI) Issues, 
starting at 8:30 a.m. Arrange for oral presentations by July 19, 1996.

ADDRESSES: The meeting will be held at The Boeing Company Renton 
Facility, 10-16 Building, Room 11D5, 535 Garden Avenue North, Renton 
WA.

FOR FURTHER INFORMATION CONTACT:
Brenda Courtney, Office of Rulemaking, FAA, 800 Independence Avenue, 
SW., Washington, DC 20591, telephone (202) 267-3327.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal 
Advisory Committee Act (Pub. L. 92-463; 5 U.S.C. App. II), notice is 
hereby given of a meeting of the Aviation Rulemaking Advisory Committee 
to be held on July 29 (GABA) and July 31 through August 1, 1996 (TAEI), 
at The Boeing Company Renton Facility, 10-16 Building, Room 11D5, 535 
Garden Avenue North, Renton WA. The agenda for the meeting will 
include:

<bullet> Opening Remarks
<bullet> Review of Action Items
<bullet> Discussion of 13th Annual International Harmonization 
Conference, June 3-7, San Diego, CA
<bullet> Discussion of harmonization priorities
<bullet> Discussion of certification/validation of foreign products
<bullet> Reports of Working Groups (Time permitting)
<bullet> Schedule future meetings

    Attendance is open to the interested public, but will be limited to 
the space available. The public must make arrangements by July 19, 
1996, to present oral statements at the meeting. The public may present 
written statements to the committee, at any time, by providing 40 
copies to the Assistance Executive Director, or by bringing the copies 
to him at the meeting. Arrangements may be made by contacting the 
person listed under the heading FOR FURTHER INFORMATION CONTACT.
    Sign and oral interpretation can be made available at the meeting, 
as well as an assistive listening device, if requested 10 calendar days 
before the meeting.

    Issued in Washington, DC, on June 26, 1996.
Chris A. Christie,
Executive Director, Aviation Rulemaking Advisory Committee.
[FR Doc. 96-17043 Filed 7-2-96; 8:45 am]
BILLING CODE 4910-13-M
[Federal Register Volume 61, Number 124 (Wednesday, June 26, 1996)]
[Notices]
[Pages 33092-33093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16306]



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

[[Page 33093]]


COMMISSION ON CIVIL RIGHTS

Agenda and Notice of Public Meeting of the Louisiana Advisory 
Committee

    Notice is hereby given, pursuant to the provisions of the rules and 
regulations of the U.S. Commission on Civil Rights, that a meeting of 
the Louisiana Advisory Committee to the Commission will convene at 6:00 
p.m. and adjourn at 9:00 p.m. on Monday, July 8, 1996, and reconvene on 
Tuesday, July 9, 1996 at 9:00 a.m. and adjourn at 3:00 p.m. at the 
Baker Civic Auditorium, Baker, Louisiana. The purpose of the meeting is 
to allow Committee members to receive a briefing on race relations 
issues in the aftermath of church burnings.
    Persons desiring additional information, or planning a presentation 
to the Committee, should contact Melvin L. Jenkins, Director of the 
Central Regional Office, 913-551-1400 (TDD 913-551-1414). Hearing-
impaired persons who will attend the meeting and require the services 
of a sign language interpreter should contact the Regional Office at 
least five (5) working days before the scheduled date of the meeting.
    The meeting will be conducted pursuant to the provisions of the 
rules and regulations of the Commission.

    Dated at Washington, DC, June 20, 1996.
Carol-Lee Hurley,
Chief, Regional Programs Coordination Unit.
[FR Doc. 96-16306 Filed 6-25-96; 8:45 am]
BILLING CODE 6335-01-P
Exhibit 10.18

AMENDMENT NO. 1

  TO THE

       OMNICOM GROUP INC. 

  OMNICOM MANAGEMENT INC.

  RESTRICTED STOCK DEFERRED COMPENSATION PLAN

******

          WHEREAS, Omnicom Group Inc. (“OGI”) and Omnicom Management Inc. (“OMI”) adopted the Restricted Stock Deferred Compensation Plan (the “Plan”); and

          WHEREAS, the Plan currently allows participants to file an election on or before December 31, 2008, to defer their Restricted Stock vesting in 2010; and

          WHEREAS, it is desired to amend the Plan so that participants will be able to file an election on or before December 31, 2008, to defer their Restricted Stock vesting in 2011 and in later years;

          NOW, THEREFORE, the Plan is hereby amended as set forth below:

          The first sentence of Section 2(b) of the Plan is revised to read as follows:


  “Each eligible employee may participate in the Plan by furnishing the Committee, on or before December 31 of the year, with an election (a “Deferral Election”) signed by the employee, pursuant to which the employee elects to relinquish some or all of the shares of Restricted Stock in which the employee may vest during the one-year vesting period beginning in the following calendar year, or during any one-year vesting period which begins later than the following calendar year.”



******

          IN WITNESS WHEREOF, OGI has caused this Amendment to be duly executed effective as of October 1, 2008.

			
		OMMNICOM GROUP INC.
		  	
		By: 	/s/ Michael J. O’Brien
      

    
		Name: 	Michael J. O’Brien 
		Title: 	Senior Vice President, General Counsel and Secretary