alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pa ne l una ni m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l a r g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T UN I T E D S T AT E S OF AME R I C A, P l ai nt i ff

- A pp el l ee , v. SALOM ON GA RC I A- RODRI GU EZ , D e f

e n d a n t - A p p e lla n t. N o. 09- 50454 D. C. No . 3 : 0 9 - c r - 0 1 8 5 2 - J LS ME MOR AN DU M *

A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt f o rth e S o u th e rn D is tr ic t o f C a lif o rn ia J a ni s L . S a m m a rt i no, D i s tr i c tJ udge , P r e s i di ng

S ubm i tt e d Jul y19, 2010 ** B e f o r e : B . F L E T C H E R , R E I N H A R D T , a n dW A R D L A W , C ir c u it Ju d g e s . S al om on G ar ci a- R od ri gu ez appeal s f rom the 46 -m on th sent ence i m po se d fol l ow i ng hi s gui l ty- pl eaconv i ct i on for bei ng a deport ed al i en foun d i n the U ni t ed S ta te s , in v io la tio n o f

8 U .S .C . § 1 3 2 6 ( a ) . W e h a v e ju r is d ic tio n u n d e r2 8 U .S .C . § 1 2 9 1 , a n dw e a f

f irm . 

# FI LED AU G 02 2010 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS09- 50454

G a r c i a - R odr i gue z c ont e nds tha tthe di s tr i c tc ourtpr oc e dur a l l ye rr e d by ne gl e c t i ng t o m e a ni ngf

ul l yc ons i de ra nd a ddr e s s a l l of the f a c t or s s e tf

orth i n 18 U .S .C . § 3 5 5 3 ( a ) an dh is r e q u e s t f o rad o w n w a r dd e p a rtu r e a n df a ilin g to adequat el y e xp l ai n the re as on s f or the se nt ence . T he re cord ref l ec t s thatthe di stri ct c ourtc ons i de r e d the s e c t i on 3553( a ) f a c t or s , pr ovi de d ar e a s one d e xpl a na t i on f or th e s e n te n c e , a n dd idn o t o th e rw is e p r o c e d u r a llye rr . Se e U n ite d S ta tes v . Ca r ty , 5 2 0 F .3 d9 8 4 , 9 9 1 - 9 3 ( 9 th C ir . 2 0 0 8 ) ( e n b a n c ) ; se e al so U ni ted States v. D ia z -A r g u e ta , 5 6 4 F .3 d1 0 4 7 , 1 0 5 1 - 5 2 ( 9 th C ir . 2 0 0 9 ) . G a r c ia - R o d r ig u e z a ls o c o n te n d s th a t h is s e n te n c e is s u b s ta n tiv e ly un re as on abl e i n l i gh tof hi s m i t i gat i ng pers on al ci rc um st ance s and the m i no r nature of the pri or conv i ct i on thatw as the basi s f or a 16-l evel enhancem entun der U .S .S .G . § 2 L 1 .2 ( b ) ( 1 ) ( A ) ( ii) . T h e r e c o r dr e f le c ts th a t th e 4 6 - m o n th s e n te n c e is s ubs t a nt i ve l yr e a s onabl e i n l i ghtof the t ot a l i tyof

the c i r c um s t a nc e s a nd the s e c t i on 3 5 5 3 ( a ) f a c to r s . See G al l

v. U ni ted States , 5 5 2 U .S . 3 8 , 5 1 - 5 2 ( 2 0 0 7 ) ; cf . U ni ted States v. A m ez cua-V

asqu ez , 56 7 F . 3d 10 50 , 10 55 -56 (9th C i r. 20 09 ). AF F I RME D.
## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 09-1577

___________ Bettye Everette, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. St. Vincent Health System, * * [UNPUBLISHED] Appellee. *

___________ Submitted: February 19, 2010 Filed: February 24, 2010

___________ Before WOLLMAN, COLLOTON, and GRUENDER, Circuit Judges.

___________ PER CURIAM. Bettye Everette, an African American female, appeals the district court’s 1 adverse grant of summary judgment in her Title VII employment discrimination action against St. Vincent Health System. Reviewing de novo, seeJohnson v. Blaukat , 453 F.3d 1108, 1112 (8th Cir. 2006), we find no error in the district court’s decision, see 42 U.S.C. § 2000e-5(e)(1) (charges must be filed within 180 days of the alleged unlawful employment practice); Klein v. McGowan , 198 F.3d 705, 709 (8th Cir. 1999) (conduct which occurred outside of th e statutory period cannot be grounds for

1 The Honorable James M. Moody, United St ates District Judge for the Eastern District of Arkansas.suit unless it is part of continuing violation which is systematic or serial; for continuing-violation exception to be available, plaintiff must show sufficient nexus between time-barred instances of harassment and discrimination that was not timebarred); see also Anda v. Wickes Furniture Co. , 517 F.3d 526, 531-32 (8th Cir. 2008) (listing elements of prima facie case for hostile work environment claim); Carpenter v. Con-Way Cent. Express, Inc. , 481 F.3d 611, 618 (8th Cir. 2007) (“A hostile work environment ‘is permeated with discriminato ry intimidation, ridicule, and insult that is sufficiently severe or pervasive to alte r the conditions of the victim’s employment and create an abusive working environmen t’ as viewed objectively by a reasonable person.” (quoting Tademe v. Saint Cloud State Univ. , 328 F.3d 982, 991 (8th Cir. 2003))). Accordingly, we affirm. See 8th Cir. R. 47B.

______________________________

-2-
[Federal Register Volume 75, Number 164 (Wednesday, August 25, 2010)]
[Notices]
[Pages 52314-52315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21113]


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

DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket No. DoD-2009-HA-0186]


Submission for OMB Review; Comment Request

ACTION: Notice.

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

    The Department of Defense has submitted to OMB for clearance, the 
following proposal for collection of information under the provisions 
of the Paperwork Reduction Act (44 U.S.C. Chapter 35).

DATES: Consideration will be given to all comments received by 
September 24, 2010.
    Title and OMB Number: Women, Infants and Children Overseas 
Participant Satisfaction Survey; OMB Control Number 0720-TBD.

[[Page 52315]]

    Type of Request: New.
    Number of Respondents: 150.
    Responses per Respondent: 1.
    Annual Responses: 150.
    Average Burden per Response: 15 minutes.
    Annual Burden Hours: 38 hours.
    Needs and Uses: The information collection requirement is necessary 
to obtain the participants satisfaction levels with the services 
provided by the WIC overseas staff and the overall program. The 
findings from these surveys will be used to determine the success of 
the WIC overseas program and if improvements are necessary.
    Affected Public: Individuals or households.
    Frequency: On occasion.
    Respondent's Obligation: Voluntary.
    OMB Desk Officer: Mr. John Kraemer.
    Written comments and recommendations on the proposed information 
collection should be sent to Mr. Kraemer at the Office of Management 
and Budget, Desk Officer for DoD, Room 10236, New Executive Office 
Building, Washington, DC 20503.
    You may also submit comments, identified by docket number and 
title, by the following method:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency 
name, docket number and title for this Federal Register document. The 
general policy for comments and other submissions from members of the 
public is to make these submissions available for public viewing on the 
Internet at http://www.regulations.gov as they are received without 
change, including any personal identifiers or contact information.
    DOD Clearance Officer: Ms. Patricia Toppings.
    Written requests for copies of the information collection proposal 
should be sent to Ms. Toppings at WHS/ESD/Information Management 
Division, 1777 North Kent Street, RPN, Suite 11000, Arlington, VA 
22209-2133.

    Dated: August 2, 2010.
Patricia L. Toppings,
OSD Federal Register, Liaison Officer, Department of Defense.
[FR Doc. 2010-21113 Filed 8-24-10; 8:45 am]
BILLING CODE 5001-06-P
<TABLE> <S> <C>


<ARTICLE>                     5
<CIK>                         0000769131
<NAME>                        RANCON REALTY FUND V
<MULTIPLIER>                                   1000
<CURRENCY>                                     U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              DEC-31-2000
<PERIOD-START>                                 JUL-01-2000
<PERIOD-END>                                   SEP-30-2000
<EXCHANGE-RATE>                                1.000
<CASH>                                         11,774
<SECURITIES>                                   0
<RECEIVABLES>                                  1,300
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               11,839
<PP&E>                                         50,548
<DEPRECIATION>                                 19,432
<TOTAL-ASSETS>                                 45,809
<CURRENT-LIABILITIES>                          720
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     31,958
<TOTAL-LIABILITY-AND-EQUITY>                   45,809
<SALES>                                        3,612
<TOTAL-REVENUES>                               10,002
<CGS>                                          0
<TOTAL-COSTS>                                  2,524
<OTHER-EXPENSES>                               2,448
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             905
<INCOME-PRETAX>                                4,125
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            4,125
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   4,125
<EPS-BASIC>                                    40.64
<EPS-DILUTED>                                  40.64




</TABLE>
#### William E. THOMAS, Jr., Appellant, v. The STATE of Texas, Appellee.

No. 44443.

Court of Criminal Appeals of Texas.

Dec. 23, 1971.

Walter E. Boyd, Jr., Houston, for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell, Asst. Dist. Atty., Houston, and Jim D. Vollers, State’s Atty., Austin, for the State.

OPINION

DALLY, Commissioner.

The conviction is for driving a motor vehicle on a public highway while intoxicated; the punishment, thirty days in jail and a fine of $200.00.

The complaint appearing in the record bears the jurat of the Assistant District Attorney “Sworn to and subscribed before me this 16th day of June, A.D. 1970.”

The complaint alleges that the offense was committed “on or about the 24th day of September, A.D. 1970.”

The information based on the complaint alleges the offense was committed “on or about the 24th day of September, A.D. 1969.”

The date on or about which the offense was alleged to have been committed being subsequent and not anterior to the date the complaint was sworn to renders *237the complaint fatally defective. Hall v. State, 373 S.W.2d 252 (Tex.Cr.App.1963) and Mitchell v. State, 170 Tex.Cr.R. 255, 340 S.W.2d 301 (1960).

The variance between the complaint and the information as to the date when the offense was committed is fatal to the validity of the information. Beasley v. State, 397 S.W.2d 454 (Tex.Cr.App.1966) and Wheat v. State, 172 Tex.Cr.R. 259, 356 S.W.2d 323 (1962) and the cases cited therein.

In the interest of justice the fundamental errors which have been designated above but which were not assigned as grounds of error in a brief filed in the trial court have been considered under the provisions of Art. 40.09, Sec. 13, Vernon’s Ann.C.C.P.

The judgment is reversed and the prosecution ordered dismissed.

Opinion approved by the Court.
# ELECTRONIC RECORD COA# 07-14-00118-CR OFFENSE: 1 Travon La Shae Ginn v. The State 

## STYLE: ofTexas COUNTY: Potter 

# H-S8-/5-

COA DISPOSITION: AFFIRMED TRIALCOURT: 108th District Court 

### DATE: 03/31/2015 

### Publish: NO TC CASE #: 66,042-E



## IN THE COURTOF CRIMINALAPPEALS Travon La Shae Ginn v. The State of STYLE: Texas 

# pftO S£ Petition 

# CCA#: " IO#/5 CCA Disposition: FORDISCRETIONARYREVIEW IN CCAIS: DATE: 

# pT/^5^ JUDGE: 

# DATE: /o/*~7/20irJUDGE: LM U^U^^t SIGNED: PC: PUBLISH: DNP: MOTION FOR REHEARING IN CCA IS: JUDGE: 

### ELECTRONIC RECORD
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 Agriculture

###### Forest Service

# SUMMARY:

The Siskiyou County Resource Advisory Committee (RAC) will hold its last two meetings in 2010 at a new location.

# DATES:

The meetings will be held on September 20 and October 18, 2010 and will begin at 4 p.m.

# ADDRESSES:

The meeting will be held at the Klamath National Forest Supervisor's Office, Conference Room, 1312 Fairlane Road, Yreka, CA.

# FOR FURTHER INFORMATION CONTACT:

                        Kerry Greene, Committee Coordinator, USDA, Klamath National Forest, Supervisor's Office, 1312 Fairlane Road, Yreka, CA 96097. (530) 841-4484; e-mail                         *kggreene@fs.fed.us.*

# SUPPLEMENTARY INFORMATION:

The agenda includes project updates and financial status, and presentation and review of new project proposals to be considered by the RAC. The meeting is open to the public. Opportunity for public comment will be provided and individuals will have the opportunity to address the Committee at that time.

Dated: August 18, 2010.

Patricia A. Grantham,

Designated Federal Officer.

[FR Doc. 2010-21140 Filed 8-24-10; 8:45 am]

BILLING CODE 3410-11-M
**Exhibit
      32.2 - Certification of Chief Financial Officer of Bluegate
      Corporation pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and
      Section 1350 of 18 U.S.C. 63.**





I,
      Greg
      J. Micek, the Chief Financial Officer of Bluegate Corpoation, hereby certify
      that Bluegate Corpoation's periodic report on Form 10-QSB, for the period ending
      June 30, 2004, fully complies with the requirements of Section 13(a) or 15(d)
      of
      the Securities Exchange Act of 1934, and that information contained in the
      periodic report on Form 10-QSB fairly presents, in all material respects, the
      financial condition and results of the operations of Bluegate Corpoation.








Date
                August 29, 2005
            /s/
                Greg J. MicekGreg
                J. MicekChief
                Financial Officer








II-6
Exhibit
      32.2








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 Quarterly Report of Mobius Management Systems, Inc. (the
      “Company”) on Form 10-Q for the period ending September 30, 2006 as filed with
      the Securities and Exchange Commission on the date hereof (the “Report”), I,
      Raymond F. Kunzmann, 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:





(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.




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 its staff upon request.








/s/
      Raymond F. Kunzmann


Raymond
      F. Kunzmann


Chief
      Financial Officer


November
      8, 2006















30
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               OCT-03-1997
<CASH>                                           1,120
<SECURITIES>                                         0
<RECEIVABLES>                                    8,854
<ALLOWANCES>                                       175
<INVENTORY>                                     23,072
<CURRENT-ASSETS>                                36,907
<PP&E>                                          82,501
<DEPRECIATION>                                  24,354
<TOTAL-ASSETS>                                  96,511
<CURRENT-LIABILITIES>                            9,971
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         8,662
<OTHER-SE>                                      46,701
<TOTAL-LIABILITY-AND-EQUITY>                    96,511
<SALES>                                         86,692
<TOTAL-REVENUES>                                86,692
<CGS>                                           49,761
<TOTAL-COSTS>                                   74,206
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,143
<INCOME-PRETAX>                                 11,343
<INCOME-TAX>                                     4,594
<INCOME-CONTINUING>                             12,486
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     6,749
<EPS-PRIMARY>                                     0.75
<EPS-DILUTED>                                     0.75
        

</TABLE>
<PAGE>


                                                                    EXHIBIT 99.4

                                  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 on Form 10-K (the "Report") of
First National Master Note Trust (the "Company") for the year ended December 31,
2002, I, Jean L. Koenck, Senior Vice President of First National Funding
Corporation as managing member of First National Funding LLC as transferor,
hereby certify pursuant to 18 U.S.C. Section 1350 as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, to my knowledge that:

         (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.

                                         FIRST NATIONAL MASTER NOTE TRUST

                                         By First National Funding LLC

                                         By: First National Funding Corporation,
                                         Managing Member, as Transferor


                                         By /s/ Jean L. Koenck
                                            ------------------------------------
                                                Jean L. Koenck,
                                                Senior Vice President

Date:  April 14, 2003
#### Shirley Ann Masters SMITH, Plaintiff-Respondent, v. Luther Andrew MASTERS, Defendant-Appellant.

No. 9281.

Missouri Court of Appeals, Springfield District.

Feb. 7, 1974.

*51No appearance for plaintiff-respondent.

Kenneth W. Shrum, Marble Hill, for defendant-appellant.

PER CURIAM.

In a 1968 divorce the plaintiff-wife, by agreement, was awarded the general custody of the parties’ ten-year-old son and six-year-old daughter with the defendant-husband being granted certain temporary custody and visitation rights.

In 1970 the plaintiff-wife filed this motion to modify the custodial portion of the decree by terminating the temporary custody and visitation rights of defendant-husband. The defendant-husband countered with his own motion to modify and sought full custody of the children.

Following a bitterly contested and lengthy hearing the Circuit Court of Butler County entered its order in December of 1971 modifying the original decree so as to vest the general custody of the boy in the defendant1 and continuing general custody of the girl in the plaintiff. Plaintiff did not appeal from the modification order and has not filed a brief herein.

We have carefully surveyed the record remains of the trial court battlefield in which neither party emerged as a hero or escaped unscathed by the vituperation of the other. We have concluded that nothing could be gained and that literary effort will not suffer by our forebearance to conduct a post-mortem of unhealed wounds that had their beginnings in a now demised marriage which produced two offspring. An experienced trial judge, sitting as special judge, heard the evidence and observed the parties and their witnesses. From the safe and serene surroundings of our appellate demilitarized zone we cannot say that the judgment entered after the din of battle is based on findings of fact which are clearly erroneous.

We have examined the brief of the defendant and the authorities cited *therein*
      *2*
      **but are of the opinion that no error of law appears. Further, that an opinion would have no precedential value.

The judgment of the trial court is affirmed pursuant to Rule 84.16(b), V.A.M.R.

All concur.

. Because of “disciplinary problems” plaintiff was having with her son she voluntarily permitted him to commence living with the defendant in January of 1971.

. Defendant’s brief contains and directs our attention to matters outside the field-of-fire upon which the trial court modified the decree. Such matters may very well give rise to the opening up of a new “front” between the parties but the December, 1971, judgment marked the cessation of the hostilities that we are to consider in this appeal.