alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Johnny AGNEW, Appellant, v. The STATE of Texas, Appellee.

No. 44422.

Court of Criminal Appeals of Texas.

Dec. 21, 1971.

Joe Smith, Seminole, for appellant.

Joe K. McGill, County Atty., Seminole, and Jim D. Vollers, State’s Atty., Austin, for the State.

OPINION

DAVIS, Commissioner.

This is an appeal from a conviction under Article 1551(b), Vernon’s Ann.P.C., which makes it unlawful for a person who has obtained lodging to depart the premises with the intent not to pay for such services. Punishment was assessed by the jury at a fine of $150.

At the outset, the appellant contends that the court erred in overruling his motion to quash the information. The pertinent portion of the information recites:

> “that on or about the 27th day of July, A.D. 1970, and before the making and filing of this information, in the County of Gaines and the State of Texas, one Johnny Agnew did then and there unlawfully and willfully: *did obtain lodging*from C. M. McCain, owner and operator of 51 Motel of Seminole, Gaines County, Texas with the intent not to pay for such lodging and departed from the premises of the said injured party.” (emphasis added).

Article 1551(b) provides:

> “It shall be unlawful for any person who has obtained lodging, meals or other lawful service at any hotel, motor hotel, inn, tourist court, or mobile home park *to depart from the premises thereof with the intent not to pay for such services.*Failure of any person who has departed from such premises without paying the amount due for such services, and without personally appearing before the room clerk or other agent of the establishment before departing and protesting the amount alleged to be due, to pay the amount due within ten (10) days after being given written notice of the amount due, shall be prima facie evidence of departure with intent not to pay for such *219services. Any person who violates any provision of this paragraph shall be punished by a fine of not more than Five Hundred Dollars ($500), or by confinement in the county jail for not more than one year, or by both such fine and confinement.” (1965) (emphasis added).

The information fails to comply with the requirements of the statute by alleging that: “did obtain lodging from C. M. McCain, owner and operator of 51 Motel of Seminole, Gaines County, Texas with the intent not to pay for such lodging. . . .”

It is apparent from the statute that “departure from the premises thereof with the intent not to pay” is an essential element of the offense. Therefore, it must be averred in the information. Pannell v. State, Tex.Cr.App., 384 S.W.2d 350, 1 Branch’s 2d 495, § 513.

The information being fatally defective as pointed out, the judgment is reversed and the prosecution ordered dismissed.

Opinion approved by the Court.
Rule13a-14(a)/15d-14(a) Certification

EXHIBIT 31.2

I, Richard Claiden, Chief Financial Officer of Primus Guaranty, Ltd.certify that:

1.     I have reviewed this Annual Reporton Form 10-K of Primus Guaranty, Ltd.;

2.     Based onmy knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which suchstatements were made, not misleading with respect to the period coveredby this report;

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

4.     The registrant's other certifying officer and Iare responsible for establishing and maintaining disclosure controlsand procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:

a)     Designed such disclosure controls andprocedures, or caused such disclosure controls and procedures to bedesigned under our supervision, to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly duringthe period in which this report is being prepared;

b)     (Paragraph omitted pursuant to SECRelease Nos. 33-8238 and 34-47986).

c)     Evaluated the effectiveness of theregistrant's disclosure controls and procedures, and presented inthis report our conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered by thisreport based on such evaluation; and

d)     Disclosed in this report any changein the registrant's internal control over financial reportingthat occurred during the registrant's most recent fiscal quarterthat has materially affected, or is reasonably likely to materiallyaffect, the registrant's internal control over financialreporting; and

5.     The registrant's othercertifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to theregistrant's auditors and the audit committee of theregistrant's board of directors (or persons performing theequivalent functions):

a)     Allsignificant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which arereasonably likely to adversely affect the registrant's ability torecord, process, summarize, and report financial information; and

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

Date: March 21, 2005

|  | By: /s/ Richard Claiden Name:Richard Claiden Title: Chief FinancialOfficer |
|--|----------------------------------------------------------------------------|

----
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 15-1336

MOUSSA BOUKARI TCHIANI,

 Petitioner,

v.

LORETTA E. LYNCH, Attorney General,

 Respondent.

On Petition for Review of an Order of the Board of Immigration 

Appeals.

Submitted: December 16, 2015 Decided: December 21, 2015

Before GREGORY, DUNCAN, and WYNN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

William H. Brammer, Jr., NEW COLUMBIA LAW GROUP PLLC, 

Washington, D.C., for Petitioner. Benjamin C. Mizer, Principal 

Deputy Assistant Attorney General, Jennifer P. Levings, Senior 

Litigation Counsel, Carmel A. Morgan, OFFICE OF IMMIGRATION 

LITIGATION, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Moussa Boukari Tchiani, a native and citizen of Niger, 

petitions for review of an order of the Board of Immigration 

Appeals (Board) denying his motion to reopen as untimely and 

numerically barred. We have reviewed the administrative record 

and Tchiani’s claims, and conclude that the Board did not abuse 

its discretion in denying Tchiani’s motion. See 8 C.F.R. 

§ 1003.2(a) (2015); Mosere v. Mukasey, 552 F.3d 397, 400 (4th 

Cir. 2009). We accordingly deny the petition for review for the 

reasons stated by the Board. See In re: Tchiani (B.I.A. Mar. 3, 

2015). We dispense with oral argument because the facts and 

legal contentions are adequately presented in the materials 

before this court and argument would not aid the decisional 

process.

PETITION DENIED
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 98-2136

___________

Henrietta S. Westbrook, *

*

*

Plaintiff - Appellant, *

* Appeal from the United States

v. * District Court for the

* Eastern District of Missouri.

Kenneth S. Apfel, Commissioner of *

Social Security, * [UNPUBLISHED]

*

Defendant - Appellee. *

___________

Submitted: December 18, 1998

Filed: February 2, 1999

___________

Before WOLLMAN, BEAM, and LOKEN, Circuit Judges.

___________

PER CURIAM.

Henrietta S. Westbrook applied for Social Security Supplemental Security

Income benefits, claiming she is disabled by bronchitis, heart disease, an arthritic hip,

and chronic pain. After a hearing, the administrative law judge denied her application,

finding that Westbrook, who was 48 years old at the time, has severe impairments that

would probably prevent her from performing her prior jobs, but has the residual

functional capacity to perform a wide range of at least sedentary jobs. Westbrook then

filed this action seeking judicial review of the Commissioner’s final decision. The
The HONORABLE CATHERINE D. PERRY, United States District Judge for 1

the Eastern District of Missouri.

-2-

district court in a thorough opinion concluded the ALJ’s determination is supported

1

by substantial evidence in the administrative record and granted summary judgment

in favor of the Commissioner. 

Westbrook appeals, arguing the ALJ failed to consider her hip problem in

combination with her other impairments, failed to properly evaluate her non-exertional

pain limitations, made an unfounded assessment of her credibility, posed inadequate

hypothetical questions to the vocational expert regarding her residual functional

capacity, and made improper judgments on medical issues. After careful review of the

administrative record, we affirm for the reasons stated by the district court. See 8 Cir. th

Rule 47B.

A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.
Third District Court of Appeal

State of Florida

Opinion filed June 30, 2021.

Not final until disposition of timely filed motion for rehearing.

________________

No. 3D21-887

Lower Tribunal No. F12-4353

________________

Gilberto Alvarez,

Appellant,

vs.

The State of Florida,

Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from 

the Circuit Court for Miami-Dade County, Alberto Milian, Judge.

Gilberto Alvarez, in proper person.

Ashley Moody, Attorney General, for appellee.

Before EMAS, C.J., and LINDSEY and HENDON, JJ. 

PER CURIAM.

Affirmed.
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 Homeland Security

###### Federal Emergency Management Agency

          - [FEMA-3293-EM]

# AGENCY:

Federal Emergency Management Agency, DHS.

# ACTION:

Notice.

# SUMMARY:

This notice amends the notice of an emergency declaration for the State of Florida (FEMA-3293-EM), dated September 7, 2008, and related determinations.

# DATES:

*Effective Date:*                         September 19, 2008.                    

# FOR FURTHER INFORMATION CONTACT:

Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3886.

# SUPPLEMENTARY INFORMATION:

The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Jeffery L. Bryant, of FEMA is appointed to act as the Federal Coordinating Officer for this declared emergency.

This action terminates my appointment of Thomas P. Davies as Federal Coordinating Officer for this emergency.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households in Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036; Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.)

R. David Paulison,

Administrator, Federal Emergency Management Agency.

 [FR Doc. E8-24084 Filed 10-9-08; 8:45 am]

BILLING CODE 9111-23-P
#### Belle QUINN, as Treasurer of Dawes County, Nebraska, et al., Appellants, v. Charles P. MEGAN, Trustee, etc.

No. 10925.

Circuit Court of Appeals, Eighth Circuit.

Dec. 13, 1937.

W.. E. Mumby, of Harrison, Neb., for appellants.

Wymer Dressier, of Omaha, Neb., for appellee.

PER CURIAM.

Appeal dismissed, with costs, on motion of appellee for want of prosecution.
| (1) | The      Report fully complies with the requirements of Section 13(a) or 15(d), as      applicable, 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      at the dates and for the periodsindicated. |
|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:      June 22, 2010 | /s/      Shi Huashan                                                            |   |
|--------------------------|---------------------------------------------------------------------------------|--------|
|                     | Shi      HuashanChief      Executive Officer (Principal      Executive Officer) |   |

----
**Exhibit 31.1****CERTIFICATION**I, John S. Chen, certify that:1. I have reviewed this quarterly report on Form 10-Q of Sybase, Inc.;2. Based on my knowledge, this quarterly report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this quarterly report;3. Based on my knowledge, the financial statements, and other financial information included inthis quarterly report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in this quarterlyreport;4. The registrant’s other certifying officers and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules13a-15(f) and 15d-15(f)) for the registrant and we have:a) Designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relating tothe registrant, including its consolidated subsidiaries, is made known to us by others within thoseentities, particularly during the period in which this quarterly report is being prepared;b) Designed such internal control over financial reporting, or caused such internal control overfinancial reporting to be designed under our supervision, to provide reasonable assurance regardingthe reliability of financial reporting and the preparation of financial statements for externalpurposes in accordance with generally accepted accounting principles;c) Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presentedin this report our 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; andd) Disclosed in this report any changes in the registrant’s internal control over financialreporting that occurred during the period covered by this report that has materially affected, oris reasonably likely to materially affect, the registrant’s internal control over financialreporting; and5. The registrant’s other certifying officers and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee of registrant’s board of directors (or persons performing the equivalent function):a) All significant deficiencies and material weaknesses in the design or operation of internalcontrols over financial reporting which are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financial information; andb) Any fraud, whether or not material, that involves management or other employees who have asignificant role in the registrant’s internal controls over financial reporting.Date:August 9, 2007     /s/ JOHN S. CHEN     John S. Chen
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Judge Christine M. Arguello

Criminal Case No. 11-cr-00430-CMA-01

UNITED STATES OF AMERICA,

Plaintiff,

v.

1. RICHARD DALTON,

Defendant.

PRELIMINARY ORDER OF FORFEITURE AND

FORFEITURE MONEY JUDGMENT

This matter is before the Court on the United States’ Motion for Preliminary Order

of Forfeiture and Forfeiture Money Judgment (Doc. # 170). The Court having read said

Motion and being fully advised in the premises finds as follows:

The United States and Defendant Richard Dalton entered into a Plea Agreement,

which provides a factual basis and cause to issue a forfeiture order under 18 U.S.C.

§ 982(a)(1), and Rule 32.2(b) of the Federal Rules of Criminal Procedure;

THAT prior to the disposition of the assets, the United States is required to

seize the forfeited property and provide notice to any third parties pursuant to 21 U.S.C.

§ 853(n).
2

THEREFORE, IT IS ORDERED, DECREED AND ADJUDGED:

THAT Defendant Richard Dalton’s interest in the following:

a. a $500,000.00 money judgment, representing the amount of

proceeds obtained by the Defendant; 

b. 927 Cole Street, Golden, Colorado; 

c. one Webber OM Guitar with case S/N 2310; and

d. one 1.05 Carat diamond, currently part of a 14KT Yellow Gold ring,

is forfeited to the United States in accordance with 18 U.S.C. § 982(a)(1). Pursuant to

Fed. R. Crim. P. 32.2(b)(4), this Preliminary Order of Forfeiture shall become final as

to Defendant Richard Dalton at the time of sentencing and shall be made part of the

sentence and included in the judgment;

THAT the United States Marshal, or its designated sub-custodian, is directed to

seize the property subject to forfeiture, and further to make your return as provided by

law;

THAT the United States shall publish notice of this Preliminary Order of

Forfeiture in accordance with 21 U.S.C. § 853(n) via a government website for thirty

consecutive days;

THAT upon adjudication of all third-party interests, if any, the Court will enter

a Final Order of Forfeiture pursuant to 18 U.S.C. § 982(a)(1), and Rule 32.2(b) of

the Federal Rules of Criminal Procedure, in which all interests will be addressed.
3

The Court shall retain jurisdiction to enforce this Order and adjudicate the

interests of all third parties in ancillary proceedings. 

SO ORDERED this 7th day of May, 2013.

BY THE COURT:

_______________________________

CHRISTINE M. ARGUELLO

United States District Judge
II 

Calendar No. 298 

110TH CONGRESS 

1ST SESSION S. 1732 

To designate the facility of the United States Postal Service located at 

301 Boardwalk Drive in Fort Collins, Colorado, as the ‘‘Dr. Karl E. 

Carson Post Office Building’’. 

IN THE SENATE OF THE UNITED STATES 

JUNE 28, 2007 

Mr. ALLARD (for himself and Mr. SALAZAR) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

AUGUST 1, 2007 

Reported by Mr. LIEBERMAN, without amendment 

A BILL 

To designate the facility of the United States Postal Service 

located at 301 Boardwalk Drive in Fort Collins, Colorado, as the ‘‘Dr. Karl E. Carson Post Office Building’’. 

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

3 SECTION 1. DR. KARL E. CARSON POST OFFICE BUILDING. 

4 (a) DESIGNATION.—The facility of the United States 

5 Postal Service located at 301 Boardwalk Drive in Fort 


bajohnson on PROD1PC69 with BILLS
2 

•S 1732 RS

1 Collins, Colorado, shall be known and designated as the 

2 ‘‘Dr. Karl E. Carson Post Office Building’’. 

3 (b) REFERENCES.—Any reference in a law, map, reg4 ulation, document, paper, or other record of the United 

5 States to the facility referred to in subsection (a) shall 

6 be deemed to be a reference to the ‘‘Dr. Karl E. Carson 

7 Post Office Building’’. 


bajohnson on PROD1PC69 with BILLS

bajohnson on PROD1PC69 with BILLS
Calendar No. 298 

110TH CONGRESS 

1ST SESSION S. 1732 

A BILL 

To designate the facility of the United States Postson Post Office Building’’. Fort Collins, Colorado, as the ‘‘Dr. Karl E. Car- al Service located at 301 Boardwalk Drive in 

AUGUST 1, 2007 

Reported without amendment 


bajohnson on PROD1PC69 with BILLS
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1821 Introduced in Senate (IS)]

110th CONGRESS
  1st Session
                                S. 1821

 To prohibit the closure or relocation of any county, local, or field 
  office of the Farm Service Agency or Natural Resources Conservation 
 Service or any office related to the rural development mission of the 
Department of Agriculture until at least 1 year after the enactment of 
 an Act to provide for the continuation of agricultural programs after 
                           fiscal year 2007.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 19, 2007

 Mrs. Clinton introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL

 
 To prohibit the closure or relocation of any county, local, or field 
  office of the Farm Service Agency or Natural Resources Conservation 
 Service or any office related to the rural development mission of the 
Department of Agriculture until at least 1 year after the enactment of 
 an Act to provide for the continuation of agricultural programs after 
                           fiscal year 2007.

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

SECTION 1. PROHIBITION ON CLOSURE OR RELOCATION OF CERTAIN COUNTY, 
              LOCAL, AND FIELD OFFICES.

    The Secretary of Agriculture may not close or relocate any county, 
local, or field office of the Farm Service Agency or Natural Resources 
Conservation Service or any office related to the rural development 
mission of the Department of Agriculture until the date that is at 
least 1 year after the date of the enactment of an Act to provide for 
the continuation of agricultural programs after fiscal year 2007.
                                 <all>
```