alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
The Honorable Daniel M. Friedman, Circuit Judge, United States Court o f 1 Appeals for the Federal Circuit, sitting by designation. United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 96-3271

___________ United States of America, * * Appellee, * Appeal from the United States District * Court for the Eastern District of Missouri

. v. * * [Unpublished] Ronald J. Pulley, * * Appellant. *

___________ Submitted: May 20, 1997 Filed: July 29, 1997

___________ Before BEAM, FRIEDMAN, and LOKEN, Circuit Judges. 1

___________ PER CURIAM. Ronald J. Pulley pleaded guilty to distribution of cocaine base, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C). At sentencing, Pulley and the governmen t stipula tedthat the quantity of cocaine base attributable to Pulley was more than fiv e grams butless than twenty grams, and Pulley withdrew his objections to th e presentence report. After advising Pulley of the effects of his guilty plea, the districtThe Honorable Catherine D. Perry, United States District Judge for the Eastern 2 District of Missouri. -2- court adopted the presentence report, as modified by the stipulation, as f indings of fact. 2 The distri ct court sentenced Pulley to 121 months of imprisonment, the minimu m sentence under the range produced by application of the Sentencing Guidelines. Pulley appeals, claiming a variety of errors in the calculation of his base offense level and in the adjustments made in determining his total offen se level. He also claims that the district court erred by holding in abeyance his counsel's motion to withdra w from representation, pending the plea discuss ions. We have examined each of Pulley's claims and find them to be without merit. Because extended discussion is no t warranted, we affirm Pulley's sentence. See 8th Cir. R. 47B. A true copy. ATTEST: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

NOTICE OF INTENT TO DISMISS FOR WANT OF JURISDICTION

Appellate case name: J & J Container Manufacturing, Inc. v. Cintas- R. U.S., L.P.

Appellate case number: 01-14-00933-CV

Trial court case number: 1044425

Trial court: County Civil Court at Law No. 3 of Harris County

The appellee has represented in its appellate brief that appellant has fully paid and 

satisfied the judgment in the underlying case and received a Full and Final Release of Judgment 

and Judgment Lien. When a judgment debtor voluntarily satisfies the judgment, the case 

becomes moot. See Marshall v. Hous. Auth. of City of San Antonio, 198 S.W.3d 782, 787 (Tex.

2006); Riner v. Briargrove Park Prop. Owners, Inc., 858 S.W.2d 370, 370 (Tex. 1993) (citing 

Highland Church of Christ v. Powell, 640 S.W.2d 235, 236 (Tex. 1982)). This Court cannot 

decide a case that becomes moot during the pendency of the litigation, and must dismiss the 

proceeding for want of jurisdiction. See Heckman v. Williamson Cnty., 369 S.W.3d 137, 166–67 

(Tex. 2012).

Accordingly, the Court has directed me to notify you that the Court may dismiss this 

appeal for want of jurisdiction unless you file a written response to this notice, providing a 

detailed explanation, citing relevant portions of the record, statutes, rules, and case law to show 

that this Court has jurisdiction over the appeal. See TEX. R. APP. P. 42.3(a).

The final deadline to file your response is 5:00 p.m., 10 days from the date of this 

notice. See TEX. R. APP. P. 42.3(a). If a meritorious response is not received in the form 

described above by the deadline, the Court may dismiss the appeal for want of jurisdiction 

without further notice. See id.

Clerk’s signature: /s/ Christopher A. Prine

Date: March 24, 2015
<TABLE> <S> <C>


<ARTICLE>                     5
<MULTIPLIER>                                   1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              DEC-31-1996
<PERIOD-START>                                 JAN-01-1996
<PERIOD-END>                                   JUN-30-1996
<CASH>                                         1,049
<SECURITIES>                                   0
<RECEIVABLES>                                  13,292
<ALLOWANCES>                                   0
<INVENTORY>                                    8,177
<CURRENT-ASSETS>                               24,166
<PP&E>                                         6,074
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 49,168
<CURRENT-LIABILITIES>                          24,582
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       21
<OTHER-SE>                                     (22,182)
<TOTAL-LIABILITY-AND-EQUITY>                   49,168
<SALES>                                        26,863
<TOTAL-REVENUES>                               26,863
<CGS>                                          17,744
<TOTAL-COSTS>                                  25,735
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             3,226
<INCOME-PRETAX>                                226
<INCOME-TAX>                                   6
<INCOME-CONTINUING>                            453
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                3,390
<CHANGES>                                      0
<NET-INCOME>                                   3,843
<EPS-PRIMARY>                                  0.90
<EPS-DILUTED>                                  0.90
        



</TABLE>
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     This schedule contains  summary  financial information  extracted  from the
 Form 10-Q for the nine months ended September 30, 1997 and is  qualifed  in its
 entirety by reference to such financial statements.

</LEGEND>
<CIK>                         0000080737
<NAME>                        SECURITY CAPITAL PACIFIC TRUST
<MULTIPLIER>                                   1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              DEC-31-1996
<PERIOD-START>                                 JAN-01-1997
<PERIOD-END>                                   SEP-30-1997
<CASH>                                         6,172
<SECURITIES>                                   0
<RECEIVABLES>                                  11,729
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               0
<PP&E>                                         2,465,625
<DEPRECIATION>                                 115,613
<TOTAL-ASSETS>                                 2,718,124
<CURRENT-LIABILITIES>                          0
<BONDS>                                        729,433
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    242,930
<COMMON>                                       92,481
<OTHER-SE>                                     1,274,406
<TOTAL-LIABILITY-AND-EQUITY>                   2,718,124
<SALES>                                        247,122
<TOTAL-REVENUES>                               260,550
<CGS>                                          0
<TOTAL-COSTS>                                  130,115
<OTHER-EXPENSES>                               86,749
<LOSS-PROVISION>                               1,500
<INTEREST-EXPENSE>                             45,702
<INCOME-PRETAX>                                29,789
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            29,789
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   29,789
<EPS-PRIMARY>                                  0.38
<EPS-DILUTED>                                  0.38
        



</TABLE>
[ARTICLE] 5
<TABLE>
<S>                             <C>
[PERIOD-TYPE]                   6-MOS
[FISCAL-YEAR-END]                          DEC-31-1999
[PERIOD-END]                               JUN-30-1999
[CASH]                                         251,202
[SECURITIES]                                         0
[RECEIVABLES]                                  144,312
[ALLOWANCES]                                     4,000
[INVENTORY]                                     38,371
[CURRENT-ASSETS]                               529,042
[PP&E]                                      15,514,592
[DEPRECIATION]                              13,774,390
[TOTAL-ASSETS]                               2,269,244
[CURRENT-LIABILITIES]                          255,689
[BONDS]                                              0
[PREFERRED-MANDATORY]                                0
[PREFERRED]                                          0
[COMMON]                                     1,071,610
[OTHER-SE]                                           0
[TOTAL-LIABILITY-AND-EQUITY]                 2,269,244
[SALES]                                        526,111
[TOTAL-REVENUES]                               543,183
[CGS]                                          497,174
[TOTAL-COSTS]                                  664,122
[OTHER-EXPENSES]                                 7,604
[LOSS-PROVISION]                                     0
[INTEREST-EXPENSE]                               3,774
[INCOME-PRETAX]                              (132,317)
[INCOME-TAX]                                     1,125
[INCOME-CONTINUING]                          (133,442)
[DISCONTINUED]                                       0
[EXTRAORDINARY]                                      0
[CHANGES]                                            0
[NET-INCOME]                                 (133,442)
[EPS-BASIC]                                   (0.05)
[EPS-DILUTED]                                   (0.05)
</TABLE>
##### 



EXHIBIT 15.1

The Trustee
Archstone-Smith Operating Trust:

Re: Registration Statements Nos. 333-68591 (Form S-3) and 333-89164 (Form S-3).

With respect to the subject registration statements, we acknowledge our
awareness of the use therein of our report dated July 26, 2002,
except as to Note 9, which is as of August 9, 2002, related to our
review of interim financial information.

Pursuant to Rule 436 under the Securities Act of 1933 (the Act), such report
is not considered a part of a registration statement prepared or certified by
an accountant, or a report prepared or certified by an accountant within the
meaning of Sections 7 and 11 of the Act.



| | /s/ KPMG LLP
| | ------------

Chicago, Illinois
August 13, 2002
<PAGE>

                                                                    EXHIBIT 15.1

Board of Trustees and Shareholders
Archstone Communities Trust

Gentlemen:

Re:  Registration Statements Nos. 333-43723, 333-44639, 333-51139, 333-60815,
333-60817, 333-60847, 333-68591, and 333-77387.

With respect to the subject registration statements, we acknowledge our
awareness of the use therein of our report dated July 23, 1999, except as to
Note 8 which is as of August 6, 1999 related to our review of interim financial
information.

Pursuant to Rule 436(c) under the Securities Act of 1933, such report is not
considered a part of a registration statement prepared or certified by an
accountant, or a report prepared by an accountant within the meaning of sections
7 and 11 of the Act.

KPMG LLP

Chicago, Illinois
August 16, 1999
C OURT OF A PPEALS FOR THE
F IRST D ISTRICT OF T EXAS AT H OUSTON

M EMORANDUM O RDER

Appellate case name: Allen Bernard Gims v. The State of Texas

Appellate case number: 01

- 14

- 00279

- CR

Trial court case number: 1262460

Trial court: 176th District Court of Harris County

Appellant Allen Bernard Gims ha s filed a “Motion to Abate Appeal ” requesting that this Court (1) abate this appeal for the trial court to enter findings of fact and conclusions of law regarding its denial of appellant’s pre

- trial motion to s uppress his recorded statement, and (2) order the trial court reporter to file a supplemental reporter’s record containing transcript s of the hearing s on appellant’s motion to suppress

. Since the filing of appellant’s motion, the trial court reporter has f

iled a supplemental reporter’s record of the suppression hearings. Although appellant asserts that “no findings of fact or conclusions of law have been filed as required by Art. 38.22, § 6 ” of the Code of Criminal Procedure , t he supplemental reporter’s rec ord contains the transcript of a December 11, 2012 hearing in which the trial court entered oral findings of

fact and conclusions of law into the record. See State v. Cullen , 195 S.W.3d 696, 699 (Tex. Crim. App. 2006) ( “ findings and conclusions need to be recorded in some way, whether written out and filed by the trial court, or stated on the record at the hearing ”) ; Lee v. State , 964 S.W.2d 3, 11

- 12 (Tex. App.

— Houston [1st Dist.] 1997, pet. ref ’ d) (“ The Court of Criminal Appeals and several appellate court s have all held that a trial court complies with article 38.22, section 6 when the judge dictates his findings of facts and conclusions of law to the court reporter and they are later transcribed as part of the statement of facts. ”) . Accordingly, the motio n to abate is denied

. The supplemental record has been on file for nearly a month, and appellant’s brief is long overdue. Appellant is ordered to file his brief or a motion for brief extension of time within

3 days of the date of this order.

It is so ORDER ED.

Judge’s signature: /s/ Michael Massengale

 Acting individually

Date: March 5, 2015
<PAGE>


                                                                 Exhibit 32.2

                          CERTIFICATION PURSUANT TO
                           18 U.S.C. SECTION 1350*

In connection with the Quarterly Report of PGI Incorporated (the "Company")
on Form 10-QSB for the period ended March 31, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I,
Laurence A. Schiffer, Chief Financial 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 to the best of my knowledge:

(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.

/s/ Laurence A. Schiffer
------------------------
    Laurence A. Schiffer
    Chief Financial Officer (Principal Financial Officer)        May 13, 2005


<FN>
*A signed original of this written statement has been provided to the
 Company and will be retained by the Company and will be furnished to the
 Securities and Exchange Commission or its staff upon request.
Case 1:04-cv-00337-JD Document 9 Filed 01/24/05 Page 1 of 1
|Exhibit 12                                                      
|----------------------------------------------------------------
|                                                                
|Peoples Energy Corporation and Subsidiary Companies             
|                                                                
|Statement Re:  Computation of Ratio of Earnings to Fixed Charges
|(Dollars in Thousands)                                          
|                                                                
|                                                                
|                                                                
|                                                                
|                                                                
|Net Income Before Preferred                                     
|Stock Dividends, as reported                                    
|                                                                
|Change in undistributed earnings from equity investees          
|                                                                
|Add - Income Taxes                                              
|Fixed charges excluding capitalized interest                    
|                                                                
|Earnings                                                        
|                                                                
|Fixed charges including capitalized interest                    
|                                                                
|Ratio of Earnings to Fixed Charges
[Federal Register Volume 73, Number 24 (Tuesday, February 5, 2008)]
[Notices]
[Page 6767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2072]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board


Release of Waybill Data

    The Surface Transportation Board has received a request from Martin 
Associates (WB993-1--1/25/08), for permission to use certain data from 
the Board's Carload Waybill Samples. A copy of this request may be 
obtained from the Office of Economics, Environmental Analysis, and 
Administration.
    The waybill sample contains confidential railroad and shipper data; 
therefore, if any parties object to these requests, they should file 
their objections with the Director of the Board's Office of Economics, 
Environmental Analysis, and Administration within 14 calendar days of 
the date of this notice. The rules for release of waybill data are 
codified at 49 CFR 1244.9.
    For Further Information Contact: Mac Frampton, (202) 245-0317.

Anne K. Quinlan,
Acting Secretary.
 [FR Doc. E8-2072 Filed 2-4-08; 8:45 am]
BILLING CODE 4915-01-P
Exhibit 10.455


 


ASSIGNMENT AND ASSUMPTION OF PURCHASE AND SALE AGREEMENT


 


For
good and valuable consideration the receipt and sufficiency of which is hereby
acknowledged, the undersigned, INLAND REAL ESTATE ACQUISITIONS, INC., an
Illinois corporation, (“Assignor”) hereby assigns to INLAND WESTERN PLANTATION
EXPRESS, L.L.C., a Delaware limited liability company, (“Assignee”) all of
Assignor’s right, title and interest as a party to that certain Purchase and
Sale Agreement (the “Purchase Agreement”) by and between INLAND REAL ESTATE
ACQUISITIONS, INC., or its designees, (collectively, “Purchaser”), and FRC WEST
PROPERTY, L.L.C., AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC., and
IDS PROPERTY CASUALTY INSURANCE COMPANY, (collectively, “Seller”), dated December
16, 2004 for purchase and sale of certain real property commonly known as 777
American Expressway, Ft. Lauderdale, FL (the “Property”).


 


By
execution hereof by Assignee, Assignee for itself and its successors and
assigns hereby accepts the assignment and assumes all of the obligations of
Assignor under the Purchase Agreement with respect to the Property.


 


This
Assignment is effective as of the 16 day of December, 2004.


 


	
  ASSIGNOR:

  	
   

  	
  INLAND REAL ESTATE
  ACQUISITIONS, INC.,

  an Illinois corporation

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
  By:

  	
  /s/ G. Joseph Cosenza

  	
   

  
	
   

  	
   

  	
   

  	
  G. Joseph Cosenza

  	
   

  
	
   

  	
   

  	
  Its:

  	
  President

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  ASSIGNEE:

  	
   

  	
  INLAND WESTERN PLANTATION
  EXPRESS,

  L.L.C., a Delaware limited liability company

  By: Inland Western Retail Real Estate Trust, Inc.,

  its sole member

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
  By:

  	
  /s/ G. Joseph Cosenza

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Its:  Authorized Representative
FILED

December 29, 1998

Cecil Crowson, Jr.

Appellate C ourt Clerk

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT JACKSON

CEDRIC LAFONTE FRANKLIN, )

)

Petitioner, ) C. C. A. NO. 02C01-9809-CC-00289

)

 vs. ) LAUDERDALE COUNTY

)

STATE OF TENNESSEE, ) No. 5153

)

Respondent. )

O R D E R

This matter is before the Court upon motion of the state to affirm the

judgment of the trial court by order rather than formal opinion. See Rule 20, Rules of

the Court of Criminal Appeals. This case represents an appeal from the trial court’s

dismissal of the petitioner’s petition for writ of habeas corpus. On August 3, 1993, the

petitioner was indicted on one count of first degree murder, one count of first degree

felony murder, and one count of especially aggravated robbery. On January 21, 1994,

the petitioner pled guilty to second degree murder and especially aggravated robbery. 

No appeal was taken. In his present petition, the petitioner claims that his conviction for

second degree murder is void because second degree murder is not a lesser included

offense of felony murder. The trial court found the petitioner was not entitled to habeas

corpus relief and dismissed the petition.

Habeas corpus relief is available in Tennessee only when “it

appears upon the face of the judgment or the record of the

proceedings upon which the judgment is rendered” that a

convicting court was without jurisdiction or authority to

sentence a defendant, or that a defendant’s sentence of

imprisonment or other restraint has expired.

Archer v. State, 851 S.W.2d 157, 164 (Tenn. 1993). The petitioner’s sentence has not

expired. Additionally, the judgment in this case clearly establishes that the convicting

court had jurisdiction to convict the petitioner of second degree murder. The petitioner

was indicted for premeditated first degree murder in addition to felony first degree

murder. Second degree murder is a lesser included offense of premeditated first
2

degree murder. See e.g. State v. Belser, 945 S.W.2d 776, 790 (Tenn. Crim. App.

1996). Contrary to the petitioner’s argument, the two separate counts of the first

degree murder indictment would not “merge” at trial. See State v. Gautney, 607

S.W.2d 907 (Tenn. Crim. App. 1980).

Accordingly, for the reasons stated above, it is hereby ORDERED that the

state’s motion is granted and the judgment of the trial court is affirmed in accordance

with Rule 20, Rules of the Court of Criminal Appeals. Costs of this appeal shall be

taxed to the state.

______________________________

JOE G. RILEY, JUDGE

______________________________

DAVID G. HAYES, JUDGE

______________________________

JOHN EVERETT WILLIAMS, JUDGE
Exhibit 32.2





Pyramid Oil Company





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 Annual Report of Pyramid Oil Company (the Company) on Form 10-Q for the period ended March 31, 2011, as filed with the Securities and Exchange Commission (the Report), I, Lee G. Christianson, Chief Financial 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, to my knowledge:





(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: May 13, 2011





LEE G. CHRISTIANSONLee G. ChristiansonChief Financial Officer