alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 73, Number 177 (Thursday, September 11, 2008)]
[Notices]
[Page 52854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21063]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13245-000]


UEK Delaware L.P.; Notice of Preliminary Permit Application 
Accepted for Filing and Soliciting Comments, Motions To Intervene, and 
Competing Applications

September 4, 2008.
    On June 19, 2008 and supplemented on August 28, 2008, UEK Delaware 
L.P. filed an application, pursuant to section 4(f) of the Federal 
Power Act, proposing to study the feasibility of the Indian River Tidal 
Hydrokinetic Energy Project, located on the Indian River in Sussex 
County, Delaware. The project uses no dam or impoundment.
    The proposed project would consist of: (1) 25 bi-directional 
turbine generating units, with a total installed capacity of 10-
megawatts, (2) an underwater cable 400 feet in length, (3) a 
transmission line 100 feet in length, and (4) appurtenant facilities. 
The project is estimated to have an annual generation of 55.503 
gigawatts-hours, which would be sold into PJM.
    Applicant Contact: Mr. David O. Rickards, UEK Delaware L.P., 34612 
Rickards Road, Frankford, DE 19945, phone (302) 539-9034.
    FERC Contact: Kelly Houff (202) 502-6393.
    Deadline for filing comments, motions to intervene, competing 
applications (without notices of intent), or notices of intent to file 
competing applications: 60 days from the issuance of this notice. 
Comments, motions to intervene, notices of intent, and competing 
applications may be filed electronically via the Internet. See 18 CFR 
385.2001(a)(1)(iii) and the instructions on the Commission's Web site 
under the ``e-Filing'' link. If unable to be filed electronically, 
documents may be paper-filed. To paper-file, an original and eight 
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For 
more information on how to submit these types of filings please go to 
the Commission's Web site located at http://www.ferc.gov/filing-comments.asp. More information about this project can be viewed or 
printed on the ``eLibrary'' link of the Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-
13245) in the docket number field to access the document. For 
assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-21063 Filed 9-10-08; 8:45 am]
BILLING CODE 6717-01-P
<html xmlns="http://www.w3.org/1999/xhtml">
<head>
<meta name="pdf:PDFVersion" content="1.2">
<meta name="xmp:CreatorTool" content="Acrobat Capture Server 2.0">
<meta name="pdf:hasXFA" content="false">
<meta name="access_permission:modify_annotations" content="true">
<meta name="dc:creator" content="capture">
<meta name="dcterms:created" content="1998-09-12T01:01:59Z">
<meta name="dcterms:modified" content="1998-09-12T01:02:00Z">
<meta name="dc:format" content="application/pdf; version=1.2">
<meta name="pdf:docinfo:creator_tool" content="Acrobat Capture Server 2.0">
<meta name="access_permission:fill_in_form" content="true">
<meta name="pdf:docinfo:modified" content="1998-09-12T01:02:00Z">
<meta name="pdf:hasCollection" content="false">
<meta name="pdf:encrypted" content="false">
<meta name="Content-Length" content="18375">
<meta name="pdf:hasMarkedContent" content="false">
<meta name="Content-Type" content="application/pdf">
<meta name="access_permission:can_print_faithful" content="true">
<meta name="pdf:docinfo:creator" content="capture">
<meta name="pdf:producer" content="Acrobat PDFWriter 3.02 for Windows NT">
<meta name="access_permission:extract_for_accessibility" content="true">
<meta name="access_permission:assemble_document" content="true">
<meta name="xmpTPg:NPages" content="1">
<meta name="pdf:hasXMP" content="false">
<meta name="access_permission:extract_content" content="true">
<meta name="access_permission:can_print" content="true">
<meta name="X-TIKA:Parsed-By" content="org.apache.tika.parser.DefaultParser">
<meta name="X-TIKA:Parsed-By" content="org.apache.tika.parser.pdf.PDFParser">
<meta name="access_permission:can_modify" content="true">
<meta name="pdf:docinfo:producer" content="Acrobat PDFWriter 3.02 for Windows NT">
<meta name="pdf:docinfo:created" content="1998-09-12T01:01:59Z">
<title></title>
</head>
<body><div class="page"><p></p>
<p>THE ATTORSEY GESERAL 
OF TEXAS 
</p>
<p>OPINION fl- c&z WAS NEVER 1SSUED OR 
</p>
<p>WAS WITHDRAWN. </p>
<p></p>
</div>
</body></html>
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 10-50697

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JESUS MARIA LUGO-ROMAN, also known as Jesus Marie Lugo, also known

as Jesus Lugo-Roman,

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 3:10-CR-414-1

Before DeMOSS, STEWART, and ELROD, Circuit Judges.

PER CURIAM:

*

Jesus Maria Lugo-Roman appeals the 60-month sentence imposed in

connection with his guilty plea conviction for attempted illegal reentry. He

argues that his sentence is unreasonable because it is greater than necessary to

meet the sentencing goals of 18 U.S.C. § 3553(a)(2). Specifically, Lugo-Roman

contends that the illegal reentry guideline overemphasized his criminal history

and that the guidelines range did not adequately reflect his motive for

United States Court of Appeals

Fifth Circuit

F I L E D

April 14, 2011

Lyle W. Cayce

Clerk

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.

Case: 10-50697 Document: 00511445915 Page: 1 Date Filed: 04/14/2011
No. 10-50697

reentering the country (seeing his mother after she suffered a stroke and was

believed to be dying), his cultural assimilation, or that this was his first reentry

offense.

Lugo-Roman’s sentence is within the properly calculated guidelines range

and is presumptively reasonable. See United States v. Alonzo, 435 F.3d 551, 554

(5th Cir. 2006); see also United States v. Duarte, 569 F.3d 528, 529-31 (5th Cir.)

(rejecting the argument that a guidelines illegal reentry sentence was

unreasonable because the guideline is not empirically based and emphasizes a

defendant’s criminal history), cert. denied, 130 S. Ct. 378 (2009). As LugoRoman concedes, his argument that the presumption should not apply is

foreclosed. See United States v. Mondragon-Santiago, 564 F.3d 357, 367 (5th

Cir.), cert. denied, 130 S. Ct. 192 (2009). Lugo-Roman has not rebutted the

presumption that his within-guidelines sentence is reasonable. See United

States v. Gomez-Herrera, 523 F.3d 554, 565-66 (5th Cir. 2008); United States v.

Rodriguez, 523 F.3d 519, 526 (5th Cir. 2008). The district court did not abuse its

discretion in sentencing Lugo-Roman to 60 months of imprisonment. See Gall

v. United States, 552 U.S. 38, 51 (2007).

AFFIRMED.

2

Case: 10-50697 Document: 00511445915 Page: 2 Date Filed: 04/14/2011
PITTSBURGH & WEST VIRGINIA RAILROAD
                              FORM 10-Q

<TABLE>
<CAPTION>
BALANCE SHEET

(Dollars in Thousands)

                                             March 31,   December 31,
                                                 1999           1998   

ASSETS
     <S>                                          <C>            <C>
     Rentals receivable under capital lease       $9,150         $9,150
     Cash                                             59             42

                                                  $9,209         $9,192
     

LIABILITIES and SHAREHOLDERS' EQUITY

     Liabilities:
          Accounts payable and
            accrued liabilities                   $   25         $   23

     Shareholder's equity:

          Shares of beneficial interest, at
            no par value, 1,510,000 shares
            issued and outstanding                 9,145          9,145
          Income retained in business                 39             24

               Total Shareholders' Equity          9,184          9,169

               Total Liabilities and
                 Shareholders' Equity             $9,209         $9,192
</TABLE>
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM POLAROID
CORPORATION'S FORM 10-Q FOR THE SIX MONTHS ENDED JULY 2, 2000 AND IS QUALIFIED
IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               JUL-02-2000
<CASH>                                          68,100
<SECURITIES>                                         0
<RECEIVABLES>                                  443,800
<ALLOWANCES>                                  (24,200)
<INVENTORY>                                    458,000
<CURRENT-ASSETS>                             1,098,200
<PP&E>                                       1,978,700
<DEPRECIATION>                               1,404,100
<TOTAL-ASSETS>                               1,992,100
<CURRENT-LIABILITIES>                          729,100
<BONDS>                                        573,200
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        75,400
<OTHER-SE>                                     292,300
<TOTAL-LIABILITY-AND-EQUITY>                 1,992,100
<SALES>                                        891,200
<TOTAL-REVENUES>                               891,200
<CGS>                                          485,600
<TOTAL-COSTS>                                  831,300
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                 3,900
<INTEREST-EXPENSE>                              41,200
<INCOME-PRETAX>                                 38,900
<INCOME-TAX>                                    13,700
<INCOME-CONTINUING>                             25,200
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    25,200
<EPS-BASIC>                                       0.56
<EPS-DILUTED>                                     0.56


</TABLE>
<PAGE>

                                                                    EXHIBIT 32.2

        Certification Pursuant to Section 1350 of Chapter 63 of Title 18
                           of the United States Code

     I, E. James Ferland, Chief Executive Officer of Public Service Electric and
Gas Company, to the best of my knowledge, certify that (i) the Quarterly Report
of Public Service Electric and Gas Company on Form 10-Q for the quarter ended
March 31, 2004 (the "Periodic Report") fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and (ii) the
information contained in the Periodic Report fairly presents, in all material
respects, the financial condition and results of operations of Public Service
Electric and Gas Company.


                                   /s/ E. James Ferland
                                   ---------------------------------------------
                                   E. James Ferland
                                   Public Service Electric and Gas Company
                                   Chief Executive Officer
                                   April 30, 2004
----

| Date:  August 5, 2011 | /s/ Donald R. Shassian                               |
|---------------------------------|------------------------------------------------------|
|                            | Donald R. Shassian                                   |
|                            | Executive Vice President and Chief Financial Officer |
|                            |                                                 |
| (1) | the                Report fully complies with the requirements of Section 13(a) or 15(d)                of                the Securities Exchange Act of 1934, as amended; and |
|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| (2) | the                information contained in the Report fairly presents, in all material                respects, the financial condition and results of operations of the                Company. |
|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                  |   |   |   |                                                                                                                                                                             |
|---------------------------------------|--------|--------|--------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                                  |   |   |   |                                                                                                                                                                             |
| Dated:                August 13, 2007 |   |   |   | By:                 /s/                Edward B. KornfeldEdward                B. KornfeldChief                Executive Officer and                Chief Financial Officer |
|                                  |   |   |   |                                                                                                                                                                             |

----
#### The State, ex rel. Taylor, *v.*Industrial Commission of Ohio.

(No. 23912

Decided November 29, 1933.)

*293
      *Mr. John F. Gholley*and *Mr. F. E. Hunter,*for relatrix.

*Mr. John W. Bricker,*attorney general, and *Mr. R. R. Zurmehly,*for respondent.

By the Court

(Weygandt, C. J.).

The conceded facts present several questions. However, the court is of the opinion that it is necessary to consider but the one relating to the subsequent action of the Industrial Commission, as outlined in the second defense of the answer. It appears that the relatrix filed a petition in error in the Court of Appeals seeking a reversal of the judgment of the Court of Common Pleas. After this error proceeding had been pending for some time, the relatrix abandoned this procedure by dismissing her petition in error. At approximately the same time, she filed with the Industrial Commission a paper designated as an application for reconsideration. Correctly or incorrectly this was granted, and another hearing was had, resulting again in a disallowance of the claim. No further action was taken until more than four years later, when the relatrix again requested a rehearing. After a hearing upon this request, the Industrial Commission approved the following journal entry:

> “It appearing from proof of record that this claim was disallowed August 18th, 1926, thereupon applica*294tion for rehearing was filed by the claimant and dismissed for the reason it was not filed within thirty days. An appeal was taken direct to the Common Fleas Court which appeal was dismissed upon motion of Counsel for the State Insurance Fund.

> “An application for reconsideration was then filed with various affidavits. The claim was re-opened and thoroughly considered by the Commission and again disallowed April 20, 1928, but no application for rehearing has been filed since the Commission’s order of April 20,1928, disallowing this case. Therefore, there is nothing at this time which can be considered by the Commission.”

This court is of the view that, while the method of procedure employed by the relatrix has been unusual, it has nevertheless had the practical result of a full and thorough consideration of her claim by the Industrial Commission. When her application for reconsideration was granted by the commission, her claim was reopened, reheard, reconsidered, and again denied. Then, instead of promptly availing herself of further action, the relatrix permitted the matter to lie dormant for more than four years. Under these circumstances this court can do nothing but grant the respondent's motion and deny the writ. If the writ were allowed, it would have the effect of compelling a mere futile repetition of a process of which the relatrix has in fact had the full benefit on at least one occasion.

*Writ denied.*

Allen, Stephenson, Jones and Matthias, JJ., concur.

Bevis and Zimmerman, JJ., not participating.
<TABLE> <S> <C>

<ARTICLE>                     5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              SEP-30-1996
<PERIOD-START>                                 OCT-01-1996
<PERIOD-END>                                   DEC-31-1996
<CASH>                                         13,409,835
<SECURITIES>                                   0
<RECEIVABLES>                                  5,721,781
<ALLOWANCES>                                   0
<INVENTORY>                                    3,655,079
<CURRENT-ASSETS>                               25,082,746
<PP&E>                                         8,680,522
<DEPRECIATION>                                 2,608,406
<TOTAL-ASSETS>                                 35,826,683
<CURRENT-LIABILITIES>                          6,164,686
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       202,539
<OTHER-SE>                                     25,117,260
<TOTAL-LIABILITY-AND-EQUITY>                   35,826,683
<SALES>                                        14,707,261
<TOTAL-REVENUES>                               18,378,866
<CGS>                                          9,730,751
<TOTAL-COSTS>                                  18,444,618
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             318,059
<INCOME-PRETAX>                                (329,516)
<INCOME-TAX>                                   (125,200)
<INCOME-CONTINUING>                            0
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (204,316)
<EPS-PRIMARY>                                  (.02)
<EPS-DILUTED>                                  (.02)
        


</TABLE>
Exhibit 99.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER

      The  undersigned  chief  executive  officer of the Registrant  does hereby
certify  that  this  Quarterly  Report  on Form  10-Q  fully  complies  with the
requirements  of  Section  13(a)  or  15(d) of the  Securities  Act of 1934,  as
amended, and that the information  contained in this report fairly presents,  in
all material respects,  the financial condition and results of operations of the
Registrant at the dates and for the periods shown in such report.

      Dated May 14, 2003               By /s/ William V. Carney
                                          -----------------------------
                                          William V. Carney
                                          Chairman of the Board
                                          and Chief Executive Officer
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

RUDY ABARCA,

 

 Appellant,

v.

THE STATE OF TEXAS,

 State.

§

§

§

§

§

§

§

No. 08-19-00038-CR

Appeal from the

346th District Court

of El Paso County, Texas 

(TC# 20150D04057)

O R D E R

Pending before the Court is Appellant’s motion to supplement the reporter’s record with 

the Motion to Suppress Identification hearing conducted on September 28, 2017. The motion is 

GRANTED. The supplemental reporter’s record is due to be filed no later than October 3, 2019. 

 Further, the Court GRANTS the Appellant’s fourth motion for extension of time within 

which to file the brief until October 14, 2019. NO FURTHER MOTIONS FOR EXTENSION 

OF TIME TO FILE THE APPELLANT’S BRIEF WILL BE CONSIDERED BY THIS COURT.

It is further ORDERED that the Hon. Alexandria Serra, the Appellant’s attorney, prepare 

the Appellant’s brief and forward the same to this Court on or before October 14, 2019.

IT IS SO ORDERED this 18

th day of September, 2019.

PER CURIAM
This opinion is subject to administrative correction before final disposition.

Before

HUTCHISON, TANG, and KOVAC,

Appellate Military Judges

_________________________

UNITED STATES

Appellee

v.

Brendon J. HENDERSON

Lance Corporal (E-3), U.S. Marine Corps

Appellant

No. 201900056

Decided: 25 June 2019.

Appeal from the United States Navy-Marine Corps Trial Judiciary.

Military Judge: Colonel Glen R. Hines, USMC. Sentence adjudged 10

December 2018 by a general court-martial convened at Marine Corps 

Base Camp Lejeune, North Carolina, consisting of a military judge sitting alone. Sentence approved by convening authority: reduction to 

E-1, confinement for 25 months,1 and a dishonorable discharge.

For Appellant: Commander R. Don Evans, Jr., JAGC, USN.

For Appellee: Brian K. Keller, Esq.

_________________________

This opinion does not serve as binding precedent under 

NMCCA Rule of Appellate Procedure 30.2(a).

_________________________

 

1 The Convening Authority suspended confinement in excess of 24 months pursuant to a pretrial agreement.
United States v. Henderson, No. 201900056

2

PER CURIAM:

After careful consideration of the record, submitted without assignment of 

error, we have determined that the approved findings and sentence are correct in law and fact and that no error materially prejudicial to the appellant’s 

substantial rights occurred. Articles 59 and 66, UCMJ, 10 U.S.C. §§ 859, 866. 

The findings and sentence as approved by the convening authority are 

AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR.

Clerk of Court