alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
THEA'ITBECNEYGENERAL 

OF TEXAS 

AunTIN. TEzxas 78711 

March 27, 1973 

Honorable John Henry Tatum 

County Attorney, Angelina County 

P. 0. BOX 582 

Lufkin, Texas 75901 

Dear Mr. Tatum: 

Opinion No. H- 21 

Re: Whether sentence of person 

convicted of felony may be 

reduced by time that he has 

spent in county jail awaiting 

determination of his appeal. 

In your request for the opinion of this office you state that a man in 

the county jail was convicted of armed robbery, was sentenced to fourteen years in the Texas Department of Corrections, and has been in 

jail for thirty months. His conviction was recently affirmed by the 

Court of Criminal Appeals. Because of the length of time he has been 

in jail and because he has apparently reformed and will make a good 

citizen, you ask whether a district judge has authority to reduce his 

sentence. 

. 

It is our opinion that the court has no jurisdiction, except for the 

app:!lcation of Article 42. 03. Vernon’s Texas Code of Criminal Procedure. l,o enter any order affecting the judgment and sentence. State v. 

Kiein, 224 S. W,2d 250, (Tex. Crim. 1949). Therefore, the district 

judge may not reduce the overal, sentence to a term less than fourteen 

years. 

On the ot,her hand, Article 42. 03 ores provide that the judge of the 

court m which t,he defendant was convict,ed may, within his discretion, 

give the defendant credit for time spent m jail. 

In Ex parte Freeman, 486 S. W, 2d 556( Tex. Grim. 1972), the court 

,_- 

helo that, under Article 42.03, the trial judge had complete discretion 

as to credii on a sentence for time spent in jail but that. pursuant to 

N. Carolina v. Pearce, 395 U. 5711, 23 L. Ed. 2d 656, 89 S, Ct. 2072 

(1969), and Robinson v. Beto, 426 F. 2d 797 (5th Cir. 1970), the defendant is constitutionally entitled to credit for the time from conviction 

until determination of his appeal. 

p* 97 
Honorable John Henry Tatum, page 2 (H-21) 

To answer your question specifically, we would state that the 

district judge has no authority to reduce the defendant’s sentence 

from fourteen years to some lesser term. He does have discretion, 

however, to grant credit for pre-trial time ,spent in jail between 

arrest and final conviction. and must give credit for time spent in 

jail awaiting determination of apx 

SUMMARY 

After appeal to the Court of Criminal Appeals and 

affirmation by that court, the trial court lacks jurisdiction to reduce a sentence but does have jurisdiction 

and discretion to grant credit for time spent in jail 

prior to final conviction and must give credit for time 

spent in jail pending appeal. 

Very truly yours, 

Attorney General of Texas 

. APPl$IVED: 

DAV:D M. KE-NDALL. 

Opinion Committee 

p. 98
UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

Stephanie B. Barrett,

individually; and as

Administratrix of the Estate

of Robert C. Barrett, deceased;

and as natural mother of

Madison H. Barrett, a minor,

Plaintiff

v. Civil No. 06-cv-240-SM

Ambient Pressure Diving, Ltd.,

Defendant

NOTICE OF RULING

Re: (Document No. 327) Plaintiff’s Motion for Judgment as a

Matter of Law and Request for New Trial

Ruling: Denied, essentially for the reasons argued in

defendant's objection. The verdict in this case was not , in any

sense, against the clear weight of the evidence. In fact, the

verdict was entirely consistent with the evidence presented, was

plausible, and was predictable. The jury was not required to

accept Dr. Deas' doubtful theories of causation when more

persuasive expert opinion and factual evidence was offered in

contradiction and the evidence as a whole plainly pointed to

diver error as the most likely cause of Mr. Barrett's tragic

death. Moreover, plaintiff conceded on the record that effective

notice of a warranty claim was not made, and that absent a

finding of defective and dangerous product, the Consumer

Protection Act claim was reduced to an allegation (generally

unsupported) that the rebreather device was sold as "new" when in

fact it was "used," but, in that case, the resulting damages

would be negligible.

Steven J. McAuliffe

Chief Judge

Date: January 5, 2009

Case 1:06-cv-00240-SM Document 330 Filed 01/05/09 Page 1 of 2
2

cc: Nannina L. Angioni, Esq.

David J. Berardinelli, Esq.

Courtney Q. Brooks, Esq.

Thomas M. Brown, Esq.

David G. Concannon, Esq.

Walter P. DeForest, Esq.

Mary A. Dempsey, Esq.

Richard W. Evans, Esq.

John P. Fagan, Esq.

Dona Fenney, Esq.

Jamie N. Hage, Esq.

Samuel Hankin, Esq.

Pamela J. Khoury, Esq.

Mark L. Mallory, Esq.

W. John McNally, III, Esq.

Robert H. Miller, Esq.

John T. O’Connell, Esq.

Case 1:06-cv-00240-SM Document 330 Filed 01/05/09 Page 2 of 2
[Federal Register Volume 73, Number 184 (Monday, September 22, 2008)]
[Notices]
[Pages 54597-54598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22021]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES


Office of the National Coordinator for Health Information 
Technology; American Health Information Community Consumer Empowerment 
Workgroup Meeting

ACTION: Announcement of meeting.

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

SUMMARY: This notice announces the 30th meeting of the American Health 
Information Community Consumer Empowerment Workgroup in accordance with 
the Federal Advisory Committee Act (Pub. L. No. 92-463, 5 U.S.C., 
App.).

DATES: October 7, 2008, from 1 p.m. to 4 p.m. [Eastern].

ADDRESSES: Mary C. Switzer Building (330 C Street, SW., Washington, DC

[[Page 54598]]

20201), Conference Room 1114. Please use the C Street entrance closest 
to 3rd Street and bring photo ID for entry to a Federal building.

FOR FURTHER INFORMATION CONTACT: http://www.hhs.gov/healthit/ahic/consumer/.

SUPPLEMENTARY INFORMATION: The Workgroup will continue its discussion 
on how to encourage the widespread adoption of a personal health record 
that is easy-to-use, portable, longitudinal, affordable, and consumer-
centered.
    The meeting will be available via Web cast. For additional 
information, go to: http://www.hhs.gov/healthit/ahic/consumer/ce_instruct.html.

    Dated: September 12, 2008.
Judith Sparrow,
Director, American Health Information Community, Office of Programs and 
Coordination, Office of the National Coordinator for Health Information 
Technology.
[FR Doc. E8-22021 Filed 9-19-08; 8:45 am]
BILLING CODE 4150-45-P
UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

ACE American Insurance Co.,

Plaintiff

v. Civil No. 06-cv-066-SM

Fountain Powerboats, Inc., and

Silver Sands Marina, Inc.,

Defendants

O R D E R

Granted (document no. 14). Plaintiff has not objected to

defendants' motion to dismiss Counts I and II of the complaint. 

The motion is granted for the reasons given in defendants' motion

and supporting memorandum of law. Counts I and II are dismissed

for failure to state a products liability claim as the only loss

alleged is an economic loss to the allegedly defective product

itself.

SO ORDERED.

____________________________

Steven J. McAuliffe

Chief Judge

October 5, 2006

cc: Paul F. Cavanaugh, Esq.

Timothy G. Sheedy, Esq.

Dean B. Eggert, Esq.

Michael S. Kinson, Esq.

Case 1:06-cv-00066-SM Document 22 Filed 10/05/06 Page 1 of 1
[Federal Register Volume 73, Number 184 (Monday, September 22, 2008)]
[Notices]
[Pages 54555-54556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22093]


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

DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service


Midcontinent Express Pipeline LLC (Midcontinent); Federal Energy 
Regulatory Commission (FERC), Docket Nos. CP08-6-000, PF07-4-000 FERC 
EIS 0220F; May 2008

AGENCY: Natural Resources Conservation Service.

ACTION: Notice of Availability of the Record of Decision.

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

SUMMARY: Pursuant to Section 102(2)(C) of the National Environmental 
Policy Act of 1969; the Council on Environmental Quality Guidelines (40 
CFR Part 1500); and the Natural Resources Conservation Service 
Guidelines (7 CFR Part 650), the Natural Resources Conservation 
Service, U.S. Department of Agriculture has decided to subordinate its 
rights, acquired under the Wetland Reserve Program (WRP), to allow the 
Midcontinent Express Pipeline LLC (Midcontinent), to cross NRCS held 
conservations easements associated with the Midcontinent Project in 
Madison Parish, LA and Fannin County, Texas.
    On October 9, 2007, Midcontinent Express Pipeline LLC 
(Midcontinent) filed an application under section 7(c) of the Natural 
Gas Act (NGA) for authorization to construct and operate a pipeline and 
facilities to be known as the Midcontinent Express Pipeline.
    The Federal Energy Regulatory Commission (FERC) has prepared a 
final environmental impact statement (EIS) to fulfill requirements of 
the National Environmental Policy Act (NEPA). The purpose of this 
document was to make public the analysis of the environmental impacts 
that would likely result from the construction and operation of the 
proposed Project. The NRCS participated as a cooperating agency in the 
preparation of the EIS.
    The project will affect approximately 5 NRCS held Wetlands Reserve 
Program (WRP) easements by creating a 50 ft. permanent right of way 
(within a 100 ft. construction right of way) that extends for 
approximately 506 miles of which 1.41 miles is over lands encumbered 
under WRP easements located in Madison Parish, Louisiana and Fannin, 
Texas.

FOR FURTHER INFORMATION CONTACT: Kevin D. Norton, State 
Conservationist, Natural Resources Conservation Service, 3737 
Government Street, Alexandria, Louisiana 71302; telephone (318) 473-
7751.
    A limited number of copies of the Record of Decisions (ROD) are 
available

[[Page 54556]]

to fill single copy requests at the above address. Basic data evaluated 
for the ROD are on file and may be reviewed by contacting Kevin D. 
Norton.

    Dated: September 8, 2008.
Kevin D. Norton,
State Conservationist.
[FR Doc. E8-22093 Filed 9-19-08; 8:45 am]
BILLING CODE 3410-16-P
107TH CONGRESS

1ST SESSION H. R. 1432

AN ACT

To designate the facility of the United States Postal Service

located at 3698 Inner Perimeter Road in Valdosta, Georgia, as the ‘‘Major Lyn McIntosh Post Office Building’’.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 1432 EH

1 SECTION 1. DESIGNATION.

2 The facility of the United States Postal Service lo3 cated at 3698 Inner Perimeter Road in Valdosta, Georgia,

4 shall be known and designated as the ‘‘Major Lyn

5 McIntosh Post Office Building’’.

6 SEC. 2. REFERENCES.

7 Any reference in a law, map, regulation, document,

8 paper, or other record of the United States to the facility

9 referred to in section 1 shall be deemed to be a reference

10 to the ‘‘Major Lyn McIntosh Post Office Building’’.

Passed the House of Representatives December 20,

2001.

Attest:

Clerk.
107TH CONGRESS

1ST SESSION H. R. 1432

AN ACT

To designate the facility of the United States Postal Service located at 3698 Inner Perimeter Road

in Valdosta, Georgia, as the ‘‘Major LynMcIntosh Post Office Building’’.
[No. 34056.

Department One.

September 17, 1957.]

#### *In the Matter of the Application for a Writ of Habeas Corpus of*Wayne W. Powers, *Petitioner,*v. Merle E. Schneckloth, *as Superintendent of the State Penitentiary,*Respondent.1

*Wayne W. Powers, pro se.*

*The Attorney General*and *Michael R. Alfieri, Assistant,*for respondent.

1

Reported in 315 P. (2d) 639.

Per Curiam.

On November 14, 1952, the petitioner was found guilty of the crime of taking a motor vehicle without permission of the owner, in violation of RCW 9.54.020, Rem. Rev. Stat., § 2601-1. The court entered judgment and sentence that petitioner be punished by imprisonment for a period of not more than twenty years.

For the same reasons indicated in the per curiam opinion in *In re Richey v. Squier, ante*p. 38, 315 P. (2d) 638, filed this day, the petitioner is to be returned to the court where his plea was entered, and that court is directed to impose a corrected sentence.
<TABLE> <S> <C>

<ARTICLE> 7
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               MAR-31-1997
<DEBT-HELD-FOR-SALE>                            86,574
<DEBT-CARRYING-VALUE>                                0
<DEBT-MARKET-VALUE>                                  0
<EQUITIES>                                      14,108
<MORTGAGE>                                           0
<REAL-ESTATE>                                        0
<TOTAL-INVEST>                                 102,072
<CASH>                                          21,105
<RECOVER-REINSURE>                               4,459
<DEFERRED-ACQUISITION>                           6,303
<TOTAL-ASSETS>                                 171,206
<POLICY-LOSSES>                                 51,204
<UNEARNED-PREMIUMS>                             35,038
<POLICY-OTHER>                                       0
<POLICY-HOLDER-FUNDS>                                0
<NOTES-PAYABLE>                                  1,100
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        38,378
<OTHER-SE>                                      35,176
<TOTAL-LIABILITY-AND-EQUITY>                   171,206
<PREMIUMS>                                      14,707
<INVESTMENT-INCOME>                              1,354
<INVESTMENT-GAINS>                                 467
<OTHER-INCOME>                                      89
<BENEFITS>                                       8,885
<UNDERWRITING-AMORTIZATION>                          0
<UNDERWRITING-OTHER>                             5,984
<INCOME-PRETAX>                                  1,748
<INCOME-TAX>                                       619
<INCOME-CONTINUING>                              1,129
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,129
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<RESERVE-OPEN>                                  55,371
<PROVISION-CURRENT>                                  0
<PROVISION-PRIOR>                                    0
<PAYMENTS-CURRENT>                                   0
<PAYMENTS-PRIOR>                                     0
<RESERVE-CLOSE>                                 51,204
<CUMULATIVE-DEFICIENCY>                              0
        

</TABLE>
I

107TH CONGRESS

1ST SESSION H. R. 1341

To amend the Internal Revenue Code of 1986 to provide capital gain treatment under section 631(b) of such Code for outright sales of timber

by landowners.

IN THE HOUSE OF REPRESENTATIVES

APRIL 3, 2001

Mr. COLLINS introduced the following bill; which was referred to the

Committee on Ways and Means

A BILL

To amend the Internal Revenue Code of 1986 to provide

capital gain treatment under section 631(b) of such Code

for outright sales of timber by landowners.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Timber Tax Simplifica5 tion Act of 2001’’.
2

•HR 1341 IH

1 SEC. 2. CAPITAL GAIN TREATMENT UNDER SECTION 631(b)

2 TO APPLY TO OUTRIGHT SALES BY LAND3 OWNERS.

4 (a) IN GENERAL.—The first sentence of section

5 631(b) of the Internal Revenue Code of 1986 (relating to

6 disposal of timber with a retained economic interest) is

7 amended by striking ‘‘retains an economic interest in such

8 timber’’ and inserting ‘‘either retains an economic interest

9 in such timber or makes an outright sale of such timber’’.

10 (b) CONFORMING AMENDMENTS.—

11 (1) The third sentence of section 631(b) of such

12 Code is amended by striking ‘‘The date of disposal’’

13 and inserting ‘‘In the case of disposal of timber with

14 a retained economic interest, the date of disposal’’.

15 (2) The heading for section 631(b) of such

16 Code is amended by striking ‘‘WITH A RETAINED

17 ECONOMIC INTEREST’’.

18 (c) EFFECTIVE DATE.—The amendments made by

19 this section shall apply to sales after the date of the enact20 ment of this Act.

Æ
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE 9/30/97
RALSTON PURINA CO. BALANCE SHEET AND STATEMENT OF EARNINGS AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED> 
<MULTIPLIER> 1000
       
<S>                                            <C>
<PERIOD-TYPE>                                12-MOS
<FISCAL-YEAR-END>                          SEP-30-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                         109,100
<SECURITIES>                                         0
<RECEIVABLES>                                  700,000
<ALLOWANCES>                                    24,800
<INVENTORY>                                    604,800
<CURRENT-ASSETS>                             1,505,500
<PP&E>                                       2,160,600
<DEPRECIATION>                               1,046,900
<TOTAL-ASSETS>                               4,741,800
<CURRENT-LIABILITIES>                        1,215,800
<BONDS>                                      1,860,400
<PREFERRED-MANDATORY>                          304,900
<PREFERRED>                                          0
<COMMON>                                        11,500
<OTHER-SE>                                     905,600
<TOTAL-LIABILITY-AND-EQUITY>                 4,741,800
<SALES>                                      4,486,800
<TOTAL-REVENUES>                             4,486,800
<CGS>                                        2,281,900
<TOTAL-COSTS>                                2,281,900
<OTHER-EXPENSES>                             1,642,600
<LOSS-PROVISION>                                 3,100
<INTEREST-EXPENSE>                             174,300
<INCOME-PRETAX>                                384,900
<INCOME-TAX>                                    70,000
<INCOME-CONTINUING>                            348,900
<DISCONTINUED>                                  74,800
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   423,700
<EPS-PRIMARY>                                     4.02
<EPS-DILUTED>                                     3.82<F1>
<FN>
<F1>EPS-DILUTED HAS BEEN RESTATED DUE TO SFAS 128 IMPLEMENTATION.
</FN>
        


</TABLE>
Accountants' Acknowledgment


Linens 'n Things, Inc.
Clifton, New Jersey

Board of Directors:

Re:      Registration Statements Numbers 333-42874, 333-55803 and 333-71903
         on Form S-8

With  respect  to  the  subject  registration  statements,  we  acknowledge  our
awareness  of the use therein of our report  dated April 18, 2001 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 or certified by an accountant within the meaning
of sections 7 and 11 of the Act.




KPMG LLP




New York, New York
May 11, 2001
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEBRASKA

CRYSTAL COLLINS,

Plaintiff, 

vs. 

DR. KILOLO KIJAKAZI, Acting Commissioner 

of Social Security,

Defendant.

4:23CV3096

ORDER TO PROCEED IN FORMA 

PAUPERIS

This case is before the Court on Plaintiff’s Motion for Leave to Proceed in Forma Pauperis 

in this judicial review of the decision of the Commissioner of Social Security denying Plaintiff’s 

application for supplemental security income benefits for lack of disability. Filing 2. The Court 

finds that the affidavit attached to Plaintiff’s Motion, Filing 2-1, satisfies the requirements of 28 

U.S.C. § 1915(a)(1) and demonstrates that Plaintiff is unable to pay the fees or give security to 

commence this action. Accordingly,

IT IS ORDERED that

1. Plaintiff’s Motion for Leave to Proceed in Forma Pauperis, Filing 2, is granted; and

2. The Clerk of Court is ordered to file the complaint and issue a summons. The United 

States marshal is ordered to serve the summons with a copy of the complaint and this order on the 

defendant(s). The United States will advance the costs of service. 

Dated this 26th day of May, 2023.

BY THE COURT:  

_________________________

Brian C. Buescher 

United States District Judge

4:23-cv-03096-BCB Doc # 6 Filed: 05/26/23 Page 1 of 1 - Page ID # 15
Exhibit 32.1

                    Certification of Chief Executive Officer
            Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

C.W. Gilluly, Chief Executive Officer of AMASYS Corporation (the "Company")
certifies in his capacity as an officer of the Company that he has reviewed the
Report of the Company on Form 10-QSB for the quarter ended September 30, 2004
and that to the best of his or her knowledge:

     1.   the report fully complies with the  requirements of Sections 13(a) and
          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.

The purpose of this statement is solely to comply with Title 18, Chapter 63,
Section 1350 of the United States code, as amended by Section 906 of the
Sarbanes-Oxley Act of 2002.

A signed original of this written statement required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or it staff upon request.



November 15, 2004                  /s/ C.W. Gilluly, Ed.D
                                   --------------------------------------------
                                   C.W. Gilluly, Ed.D.
                                   Chief Executive Officer