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

FOR THE FIFTH CIRCUIT

No. 13-50513

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

ALBERT ADAM NAVARRO, also known as Alberto Navarro, also known as 

Albert A. Navarro,

Defendant-Appellant

Appeals from the United States District Court

for the Western District of Texas

USDC No. 5:12-CR-188-1

Before JOLLY, HIGGINBOTHAM and OWEN, Circuit Judges.

PER CURIAM:*

Albert Adam Navarro appeals his conviction following a jury trial of 

possession of a firearm by a convicted felon. We review for an abuse of 

discretion the district court’s refusal to instruct the jury on the affirmative 

defense of justification. See United States v. Branch, 91 F.3d 699, 711 (5th Cir. 

1996). In the light of the evidence adduced at trial that Navarro possessed the 

rifle at issue when there was no imminent or impending threat, that he had 

* 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

October 10, 2014

Lyle W. Cayce

Clerk

 

 Case: 13-50513 Document: 00512799567 Page: 1 Date Filed: 10/10/2014
No. 13-50513

recklessly or negligently placed himself in the situation which he claimed 

necessitated possession of the rifle, and that he could have continued relying 

on police protection as a reasonable legal alternative to violating the law, the 

district court did not abuse its discretion by denying the instruction. Id.; see 

United States v. Posada-Rios, 158 F.3d 832, 873 (5th Cir. 1998).

With regard to Navarro’s arguments that two comments made by the 

prosecutor during closing arguments warranted a mistrial, we apply a two-step 

test on review. United States v. McCann, 613 F.3d 486, 494 (5th Cir. 2010). 

First, we review de novo whether the remarks were improper. See id. If either 

of the comments was improper, we review under the abuse of discretion 

standard whether the impropriety affected Navarro’s substantial rights such 

that his motion for a mistrial should have been granted. See id. Even if both 

comments were improper, Navarro has failed to show that the district court 

abused its discretion in the light of both the cautionary instruction given to the 

jury and the evidence of Navarro’s guilt adduced at trial. See id. at 496-97.

AFFIRMED.

2

 Case: 13-50513 Document: 00512799567 Page: 2 Date Filed: 10/10/2014
<PAGE>

                                   EXHIBIT 31
                     RULE 13A-14(A)/15D-14(A) CERTIFICATIONS

I, Haim Tsuff, certify that:

1. I have reviewed this annual report on Form 10-K of Isramco, Inc. for the year
ended December 31, 2006;

2. Based on my knowledge, this report does not contain any untrue statement of a
material fact or omit to state a material fact necessary to make the statements
made, in light of the circumstances under which such statements were made, not
misleading with respect to the period covered by this annual report;

3. Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the registrant as
of, and for, the periods presented in this report;

4. I am responsible for establishing and maintaining disclosure controls and
procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the
registrant and I have:

a) Designed such disclosure controls and procedures, or caused such controls and
procedures to be designed under my supervision, to ensure that material
information relating to the registrant, including its consolidated subsidiaries,
is made known to me by others within those entities, particularly during the
period in which this report is being prepared;

b) Evaluated the effectiveness of the registrant's disclosure controls and
procedures and presented in this report my conclusions about the effectiveness
of the disclosure controls and procedures, as of the end of the period covered
by this report based on such evaluation; and

c) Disclosed in this report any change in the registrant's internal control over
financial reporting that occurred during the registrant's most recent fiscal
quarter (the registrant's fourth fiscal quarter in the case of an annual report)
that has materially affected, or is reasonably likely to materially affect, the
registrant's internal control over financial reporting; and

5. I have disclosed, based on my most recent evaluation of the internal control
over financial reporting, to the registrant's auditors and the audit committee
of registrant's board of directors (or persons fulfilling the equivalent
function):

a) All significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably
likely to adversely affect the registrant's ability to record, process,
summarize and report financial information; and

b) Any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal control over
financial reporting.


DATE: MARCH 15, 2007                    /s/ HAIM TSUFF
                                        ----------------------------------------
                                        HAIM TSUFF
                                        CHIEF EXECUTIVE OFFICER
                                        (AND PRINCIPAL FINANCIAL AND ACCOUNTING
                                        OFFICER)
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of State

          - [Public Notice 6385] 

# SUMMARY:

                        Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681,                         *et seq.*; 22 U.S.C. 6501 note,                         *et seq.*), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the object to be included in the exhibition “Dresden in Moonlight,” imported from abroad for temporary exhibition within the United States, is of cultural significance. The object is imported pursuant to a loan agreement with the foreign owner or custodian. I also determine that the exhibition or display of the exhibit object at The Metropolitan Museum of Art, New York, NY, from on or about October 15, 2008, until on or about May 31, 2011, and at possible additional exhibitions or venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the                         **Federal Register**                        .                     

# FOR FURTHER INFORMATION CONTACT:

For further information, including a list of the exhibit object, contact Julie Simpson, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: (202-453-8050). The address is U.S. Department of State, SA-44, 301 4th Street, SW., Room 700, Washington, DC. 20547-0001. 

 Dated: September 30, 2008. 

C. Miller Crouch, 

Principal Deputy Assistant Secretary for Educational and Cultural Affairs, Department of State.

[FR Doc. E8-23711 Filed 10-6-08; 8:45 am] 

BILLING CODE 4710-05-P
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                                        <C>
<PERIOD-TYPE>                                    9-MOS
<FISCAL-YEAR-END>                          SEP-30-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                          18,412
<SECURITIES>                                         0
<RECEIVABLES>                                  251,127
<ALLOWANCES>                                     4,028
<INVENTORY>                                    155,275
<CURRENT-ASSETS>                               442,115
<PP&E>                                         180,154
<DEPRECIATION>                                  78,541
<TOTAL-ASSETS>                                 778,881
<CURRENT-LIABILITIES>                          243,687
<BONDS>                                        714,500
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           845
<OTHER-SE>                                    (216,991)
<TOTAL-LIABILITY-AND-EQUITY>                   778,881
<SALES>                                        582,476
<TOTAL-REVENUES>                               582,476
<CGS>                                          393,190
<TOTAL-COSTS>                                  393,190
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              53,112
<INCOME-PRETAX>                                (28,064)
<INCOME-TAX>                                    (4,232)
<INCOME-CONTINUING>                            (23,823)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (23,832)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
<PAGE>

                                                                    Exhibit 10.6
                        EXECUTIVE CHANGE OF CONTROL PLAN

                          Effective as of May 10, 1999

               Amendment No. 1, Effective as of February 10, 2000
               --------------------------------------------------



     1.  Paragraph 1(c) of the Executive Change of Control Plan, which was
adopted effective May 10, 1999, shall be amended to read in its entirety as
follows:

          1.   Certain Definitions.

               (c) "Executive" shall be each executive officer of the Company,
     the Vice President/Human Resources and the Vice President/Chief Information
     Officer, as designated by the Board.


     2.  Except as amended above, all provisions of the Executive Change of
Control Plan remain in effect, unmodified.



                                           GRUBB & ELLIS COMPANY


                                           BY  /s/ Reuben S. Leibowitz
                                               -----------------------
                                               Reuben S. Leibowitz
                                               Chairman, Compensation Committee
<PAGE>   1
                                                                    EXHIBIT 23.1

CONSENT OF INDEPENDENT ACCOUNTANTS

We consent to the incorporation by reference in the registration statements of
The Learning Company, Inc. (formerly known as Softkey International, Inc.) on
Form S-3 (File Nos. 33-73422, 33-63073, 333-00145, 333-02385, 333-03271,
333-10009, 333-40543, 333-40549) and Form S-8 (File Nos. 33-75134, 33-92920,
33-92922, 33-61931, 333-00107, 333-02337, 333-04619, 333-40539, 333-42449,
333-43653, 333-45113, 333-45115) our report dated February 9, 1998 (except as to
note 12, which is as of March 6, 1998) on our audits of the consolidated
financial statements and financial statement schedule of The Learning Company,
Inc. as of January 3, 1998 and January 4, 1997, and for each of the three fiscal
years in the period ended January 3, 1998, which report is included in this
Annual Report on Form 10-K.

                                    COOPERS & LYBRAND, L.L.P.

Boston, Massachusetts
March 13, 1998
**Exhibit 99.5**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We consent to the incorporation by reference in Registration Statements No. 333-12130 on Form F-3, No. 333-12780 and 333-12802 on Form S-8 and No. 333-199993 on Form F-10 and to the use of our reports dated March 5, 2015, relating to the consolidated financial statements of BCE Inc. and the effectiveness of BCE Inc.’s internal control over financial reporting, and appearing in this Annual Report on Form 40-F of BCE Inc. for the year ended December 31, 2014.

*(signed) Deloitte LLP1*

Montréal, Canada March 11, 2015

______________________________

1 CPA auditor, CA, public accountancy permit No. A104644
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

LEWIS T. BABCOCK, JUDGE

Civil Case No. 11-cv-02308-LTB-MEH

GERALD E. VANINETTI,

Plaintiff,

v.

WESTERN POCAHONTAS PROPERTIES LIMITED PARTNERSHIP,

GREAT NORTHERN PROPERTIES, LIMITED PARTNERSHIP, and

GREAT NORTHERN POWER DEVELOPMENT, L.P.,

Defendants.

________________________________________________________________________

ORDER 

________________________________________________________________________

THIS MATTER having come before the Court on the Stipulation for Dismissal With

Prejudice (Doc 26 - filed April 4, 2013), and the Court being fully advised in the premises,

it is therefore

ORDERED that this matter shall be DISMISSED WITH PREJUDICE, each party to

pay their own fees and costs. 

BY THE COURT:

 s/Lewis T. Babcock 

Lewis T. Babcock, Judge

DATED: April 5, 2013

Case 1:11-cv-02308-LTB-MEH Document 27 Filed 04/05/13 USDC Colorado Page 1 of 1
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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 09-20237

Summary Calendar

KEVIN A HOPKINS,

Plaintiff–Appellant,

v.

PHILLIP O BICKHAM, Warden II, Texas Department of Criminal Justice –

Institution Division; LATUNJA M JONES, Case Manager III, Texas

Department of Criminal Justice – Institution Division; SONIE MANGUM,

Practice Manager Texas Department of Criminal Justice – UTMB Division,

Defendants–Appellees.

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 4:08-CV-2577

Before GARZA, CLEMENT, and OWEN, Circuit Judges.

PER CURIAM:*

Kevin A. Hopkins, Texas prisoner # 1454932, has appealed the district

court’s interlocutory order denying his motion for appointment of counsel.

Hopkins has not shown that this case presents exceptional circumstances and

thus has not shown that the district court abused its discretion in refusing to

United States Court of Appeals

Fifth Circuit

F I L E D

December 22, 2009

Charles R. Fulbruge III

Clerk
No. 09-20237

2

appoint counsel. See Cupit v. Jones, 835 F.2d 82, 86 (5th Cir. 1987); Ulmer v.

Chancellor, 691 F.2d 209, 212-13 (5th Cir. 1982). The district court’s order is 

AFFIRMED.
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Senior Judge John L. Kane

Date: May 10, 2012 Deputy Clerk: Bernique Abiakam

Court Reporter: Terri Lindblom

Civil Action No.: 11-cv-02378-AP

ERMIN KRESO, M.D., Ellen E. Stewart

Rosemary Orsini

Plaintiff,

v.

ERIC SHINSEKI, Secretary, United States

Department of Veterans Affairs, and

UNITED STATES VETERANS 

ADMINISTRATION, Susan B. Prose

Defendants.

COURTROOM MINUTES

Motion Hearing

9:29 a.m. Court in session.

Court calls case. Appearances of counsel. Also present, Mike Gurnee, agency counsel. 

Preliminary remarks by the Court.

Discussion regarding Doc. No. 19.

9:30 a.m. Argument by Ms. Orsini.

9:46 a.m. Argument by Ms. Prose.

9:58 a.m. Rebuttal argument by Mr. Orsini.

10:04 a.m. Comments and ruling by the Court.

ORDERED: Plaintiff Dr. Kreso’s Motion To Compel completion Of The Administrative

Record And To Organize The Administrative Record To Allow For Adequate

Review (Filed 4/30/12; Doc. No. 19) is GRANTED in PART and DENIED in

PART as specified.

10:05 a.m. Court in recess.

Hearing concluded.

Time in court - 00:36 

Case 1:11-cv-02378-JLK Document 23 Filed 05/10/12 USDC Colorado Page 1 of 1
Case 1:11-cv-02470-LTB Document 3 Filed 09/29/11 USDC Colorado Page 1 of 4
Case 1:11-cv-02470-LTB Document 3 Filed 09/29/11 USDC Colorado Page 2 of 4
Case 1:11-cv-02470-LTB Document 3 Filed 09/29/11 USDC Colorado Page 3 of 4
Case 1:11-cv-02470-LTB Document 3 Filed 09/29/11 USDC Colorado Page 4 of 4
EXHIBIT B 

Case No. 1:11-cr-00355-MSK Document 37-2 filed 10/14/11 USDC Colorado pg 1 of 3
Case No. 1:11-cr-00355-MSK Document 37-2 filed 10/14/11 USDC Colorado pg 2 of 3
Case No. 1:11-cr-00355-MSK Document 37-2 filed 10/14/11 USDC Colorado pg 3 of 3
#### In the Matter of Henry Gritz, Petitioner, v Plummer E. Lott, as Justice of the Supreme Court of the State of New York, et al., Respondents.

[745 NYS2d 462]

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent Plummer E. Lott, a Justice of the Supreme Court, Kings County, to direct the New York City Department of Probation to prepare a probation report in connection with the petitioner’s application for a certificate of relief from disabilities pursuant to Correction Law § 702.

Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.

The extraordinary remedy of mandamus will lie only to compel the performance of a ministerial act and only when there exists a clear legal right to the relief sought *(see Matter of Legal Aid Socy. of Sullivan County v Scheinman,*53 NY2d 12, 16). The petitioner has failed to demonstrate a clear legal right to the relief sought. O’Brien, J.P., Friedmann, McGinity and H. .Miller, JJ., concur.
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Judge Christine M. Arguello

Criminal Action No. 11-cr-00375-CMA-02

UNITED STATES OF AMERICA,

Plaintiff,

v.

RICHARD J. APODACA,

Defendant.

ORDER EXONERATING BOND

This criminal action has proceeded to sentencing and a final judgment and

conviction, and Defendant Richard J. Apodaca was sentenced to time served. As

a result, all the conditions of an appearance bond imposed by the court as a pretrial

matter to secure the Defendant’s release, pursuant to 18 U.S.C. § 3142(c), have been

satisfied. Accordingly, it is 

ORDERED that the bond in this case is hereby exonerated and the surety or

sureties, if applicable, are released. It is further 

ORDERED that the bail funds or property deposited into the registry of the court

shall hereby be released by the clerk of the court, or a designated deputy, to the surety

or the Defendant. 

DATED at Denver, Colorado, this 29th day of January, 2013.

BY THE COURT:

_______________________________

CHRISTINE M. ARGUELLO

United States District Judge

Case 1:11-cr-00375-CMA Document 430 Filed 01/29/13 USDC Colorado Page 1 of 1
1

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Magistrate Judge David L. West

Criminal Case No.: 11-CR-00360-WJM

UNITED STATES OF AMERICA,

Plaintiff,

vs.

1. FARLEN KENRIC KETCHUM,

Defendant.

 

ORDER FOR RELEASE FROM CUSTODY

 

ORDER ENTERED BY MAGISTRATE JUDGE DAVID L. WEST

The Defendant was arrested on a Warrant due to Violation of Probation. After an appearance

before the Magistrate Judge on August 30, 2012, it was determined that there was no probable cause

to believe the Defendant had committed the alleged Violation of Probation, therefore:

IT IS HEREBY ORDERED that the Defendant be immediately released from custody of

the U. S. Marshal’s Service.

DATED: August 30, 2012.

BY THE COURT:

s/David L. West 

United States Magistrate Judge
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Interior

###### Bureau of Indian Affairs 

# AGENCY:

Bureau of Indian Affairs, Interior. 

# ACTION:

Notice of Tribal—State Class III Gaming Compact taking effect. 

# SUMMARY:

This publishes notice of the 2008 Class III Gaming Compact between the Nez Perce Tribe and the State of Idaho taking effect. 

# DATES:

*Effective Date:*                         October 7, 2008                     

# FOR FURTHER INFORMATION CONTACT:

Paula L. Hart, Acting Director, Office of Indian Gaming, Office of the Deputy Assistant Secretary for Policy and Economic Development, Washington, DC 20240, (202) 219-4066. 

# SUPPLEMENTARY INFORMATION:

                    Under Section 11 of the Indian Gaming Regulatory Act of 1988 (IGRA), Public Law 100-497, 25 U.S.C. 2710, the Secretary of the Interior shall publish in the                     **Federal Register**                     notice of approved Tribal—State compacts for the purpose of engaging in Class III gaming activities on Indian lands. This Compact is entered into in connection with the state lottery litigation between the parties and thus presents unique circumstances resulting in our decision to neither approve nor disapprove the Compact within the 45-day statutory time frame.                 

Dated: September 26, 2008. 

George T. Skibine, 

Acting Deputy Assistant Secretary for Policy and Economic Development.

 [FR Doc. E8-23710 Filed 10-6-08; 8:45 am] 

BILLING CODE 4310-4N-P