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

No. 46084.

Court of Criminal Appeals of Texas.

Nov. 1, 1972.

Malcolm Dade, Dallas, for appellant.

Henry Wade, Dist. Atty., and James L. Croston, Jr., Asst. Dist. Atty., Dallas, and Jim D. Vollers, State’s Atty., Robert A. Huttash, Asst. State’s Atty., Austin, for the State,

OPINION

DOUGLAS, Judge.

This is an appeal from a revocation of probation.

On March 25, 1970, appellant was convicted after a plea of guilty of the offense of burglary with intent to commit theft and his punishment was assessed at five years, probated. Two of the conditions of his probation were that he commit no offense against the laws of this State and that he pay a monthly probation fee.

A motion to revoke his probation was filed on June 8, 1971, alleging that appellant had violated the above stated conditions of his probation. On July 27, 1971, an amended motion was filed alleging that appellant did break and enter a house occupied and controlled by Howard K. Kirvin with intent to commit theft.

A hearing on this motion to revoke was held on September 2, 1971. Appellant contends that the trial court abused its discretion in revoking his probation because the evidence is insufficient to prove an unlawful entry by appellant.

The record reflects that appellant and a companion were found by Dallas policemen at 11:30 p. m. on April 27, 1971, in the Dunbar Elementary School when the police were answering a call given by an alarm company. When an attempt was made to apprehend them, appellant’s companion attempted to flee but appellant halted as instructed. At the time of his arrest appellant gave a false name to the arresting officer. There is also evidence that a window had been broken out and opened in the ladies’ lounge on the east wing of the building. Howard Kirvin, the principal of the school, testified that all the doors and windows were locked at the close of school that afternoon and that the morning after *330the alleged burglary attempt he found that a window had been broken out in the ladies’ lounge on the east wing of the building and that he did not give the appellant or anyone else permission to enter the building. The evidence is sufficient to support a finding of burglary by breaking and entering the building with intent to commit theft and a violation of the condition of probation as alleged for revocation.

No abuse of discretion being shown, the judgment is affirmed.
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

62 CA 12-01591 PRESENT: SCUDDER, P.J., FAHEY, PERADOTTO, CARNI, AND VALENTINO, JJ.

FRANK C. SLAZYK, AS REPRESENTATIVE OF THE ESTATE OF ROSE SLAZYK, DECEASED AND FRANK N. SLAZYK, PLAINTIFFS-APPELLANTS,

V ORDER
JOYCE DAVOLI, DEFENDANT-RESPONDENT. (APPEAL NO. 2.)

PETER BARTLETT NICELY, BUFFALO, FOR PLAINTIFFS-APPELLANTS. DIMATTEO LAW OFFICE, WARSAW (DAVID M. ROACH OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Erie County (Shirley Troutman, J.), entered June 13, 2012. The order granted the motion of defendant for attorney’s fees and sanctions. It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Entered: February 7, 2014 Frances E. Cafarell Clerk of the Court
Exhibit 10.14

 

This is a translation of the original text in Chinese

 

Power of Attorney

 

Shi Jianming, as a shareholder of Shenzhen Xunlei Networking Technologies Co., Ltd. (“Shenzhen Xunlei”), holds 8.3% equity interest in Shenzhen Xunlei in total. I, Shi Jianming, agree to assign all of the rights I have as the shareholder of 8.3% equity interests in Shenzhen Xunlei to Giganology (Shenzhen) Ltd. (“Giganology”), and hereby irrevocably grant the following rights to the authorized person for its performance during the term of this Power of Attorney:

 

I hereby authorize the authorized person to perform, on my behalf, all the rights I originally have as the shareholder of 8.3% equity interests in Shenzhen Xunlei in accordance with laws and the articles of association of Shenzhen Xunlei, including without limitation, the right to convene a shareholders meeting, to accept any notice regarding convening a shareholders meeting and the agenda, to attend the shareholders meeting of Shenzhen Xunlei and exercise all the voting rights as a shareholder of 8.3% equity interest (including, as my authorized representative, to nominate and appoint the directors, general manager, financial director and other senior management of Shenzhen Xunlei at the shareholders meeting of Shenzhen Xunlei, as well as making decision regarding the distribution of dividends), and to sell or assign the 8.3% equity interests held by me in Shenzhen Xunlei, and so forth.

 

The authorized person has the right to appoint any individual nominated by its board of directors (or executive directors) to perform the rights granted by me hereunder.

 

Unless the Business Operation Agreement entered into by Giganology, Shenzhen Xunlei, Zou Shenglong, Cheng Hao, Wang Fang, Shi Jianming, and Guangzhou Shulian Information Investment Co., Ltd. is terminated early for any reason, the term of this Power of Attorney is ten (10) years commencing from the date hereof. As of the expiry of this Power of Attorney, I will extend the term of this Power of Attorney at the request of Giganology.

 

[Remainder of this page intentionally left blank.]

 

1











 

	
[Execution   page of the Power of Attorney]
    	
 
    
	
 
    	
 
    
	
 
    	
 
    
	
Authorizer:
    	
 
    
	
 
    	
 
    
	
Shi Jianming
    	
 
    
	
 
    	
 
    
	
By:
    	
/s/ Shi   Jianming
    	
 
    
	
 
    	
 
    
	
Date:
    	
May 10, 2011
    	
 
    
	
 
    	
 
    	
 
    
	
 
    	
 
    
	
Authorized Person:
    	
 
    
	
 
    	
 
    
	
Giganology   (Shenzhen) Ltd.
    	
 
    
	
 
    	
 
    
	
By:
    	
/s/ Legal   Representative/Authorized Representative
    	
 
    
	
 
    	
 
    	
 
    
	
(Affixed with   common seal of the company)
    	
 
    
	
 
    	
 
    
	
Date:
    	
May 10, 2011
    	
 
    


 

2
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

          - [Internal Agency Docket No. FEMA-1931-DR; Docket ID FEMA-2010-0002]

# AGENCY:

Federal Emergency Management Agency, DHS.

# ACTION:

Notice.

# SUMMARY:

                        This notice amends the notice of a major disaster declaration for the State of Texas (FEMA-1931-DR), dated                               ( print page 52963)                            August 3, 2010, and related determinations.                    

# DATES:

*Effective Date:*                         August 14, 2010.                    

# FOR FURTHER INFORMATION CONTACT:

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

# SUPPLEMENTARY INFORMATION:

Notice is hereby given that the incident period for this disaster is closed effective August 14, 2010.

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.

W. Craig Fugate,

Administrator, Federal Emergency Management Agency.

[FR Doc. 2010-21599 Filed 8-27-10; 8:45 am]

BILLING CODE 9111-23-P
#### SOLOMON v. HELLIWELL.

Supreme Court of Florida.

January Term 1954.

Certiorari denied without opinion.
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

# AGENCY:

Forest Service, USDA.

# ACTION:

Notice of Meeting.

# SUMMARY:

The Lolo National Forest's Missoula County Resource Advisory Committee (RAC) will meet on Thursday, October 14, 2010 from 4 p.m. to 6 p.m., in Missoula, Montana. The purpose of the meeting is to review and vote on submitted proposals, and receive public comment on the meeting subjects and proceedings.

# DATES:

Thursday, October 14, 2010 from 4 p.m. to 6 p.m.

# ADDRESSES:

Missoula County Courthouse, Room 201; 200 W. Broadway, Missoula, MT 59802.

      ( print page 52507)    

# FOR FURTHER INFORMATION CONTACT:

                        Boyd Hartwig; Address: Lolo National Forest, Building 24A Fort Missoula, Missoula, Montana 59804; Phone: 406-329-1024; e-mail:                         *bchartwig@fs.fed.us*.                    

# SUPPLEMENTARY INFORMATION:

Agenda items to be covered include: (1) Review of individual member proposal rankings; (2) brief discussion of proposals; (3) vote on proposals in order of ranking; (4) receive public comment; (5) review old business. There will be an open comment period for the public at the start of the meeting.

Dated: August 18, 2010.

Paul Matter,

Missoula District Ranger.

[FR Doc. 2010-21189 Filed 8-25-10; 8:45 am]

BILLING CODE 3410-11-P
EXHIBIT
      32.1





CERTIFICATION





Pursuant
      to 18 U.S.C. Section 1350, the undersigned officer of Radiant Logistics, Inc.
      (the "Company") hereby certifies that the Company's Annual Report on Form 10-KT
      for the period ended June 30, 2006 (the "Report") fully complies with the
      requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
      and that the information contained in the Report fairly presents, in all
      material respects, the financial condition and results of operations of the
      Company.





Date:
      October 12, 2006





By: 
      /s/ Bohn H. Crain


Chief
      Executive Officer and Chief Financial Officer








This
      certification is made solely for purposes of 18 U.S.C. Section 1350, subject
      to
      the knowledge standard set forth therein, and not for any other purpose. It
      is
      not being filed as part of the Report or as a separate disclosure
      document.




A
      signed
      original of this written statement required by Section 906 has been provided
      to
      Radiant Logistics, Inc and will be retained by Radiant Logistics, Inc and
      furnished to the Securities and Exchange Commission or its staff upon
      request.
| Skip to Content*Release Date: June 5, 2008*Release dates |  Coded tables |  Historical dataCurrent release |  Screen reader |  PDF (450 KB)**F.104 Farm Business1** |
|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
Exhibit 32.1  Certification of the President Pursuant to 18 U.S.C. Section 1350, As Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002  In connection with the annual report of P2 Solar, Inc. (the "Company") on Form 10-KA for the fiscal year ended March 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), Raj-Mohinder S. Gurm, the Chief Executive Officer of the Company, hereby certifies, 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.  /s/Raj-Mohinder S. GurmChief Executive Officer Date: November 30, 2009
Exhibit 32.1

                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 The Heritage Organization, Inc. (the
"Company") on Form 10-QSB for the period ending August 31, 2004 (the "Report"),
I, Vickie Walker, Chief Executive Officer and 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 requirement 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 Company's financial position and results of operations.





/s/ Vickie Walker
Chief Executive Officer and
Chief Financial Officer



October 18, 2005


<PAGE>
<TABLE> <S> <C>


<ARTICLE>                     5

<CIK>                         000770471
<NAME>                        VENTURES-NATIONAL, INC.
<MULTIPLIER>                                   1
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<S>                                            <C>
<PERIOD-TYPE>                                  3-MOS
<FISCAL-YEAR-END>                              JUN-30-2001
<PERIOD-END>                                   DEC-31-2000
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<CURRENT-LIABILITIES>                          5,219
<BONDS>                                        0
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<EPS-DILUTED>                                 (0.00)



</TABLE>
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSE ANTONIO REGALADO ZAVALA,

Petitioner,

v. MERRICK B. GARLAND, Attorney General, Respondent. No s
. 16

- 73794 17

- 71776 Agency No. A041

- 861

- 417

MEMORANDUM *

On Petition for Review of an Order of the Board of Immigration Appeals Submitted June 26, 2023 * *
Before: CANBY, S.R. THOMAS, and CHRISTEN, Circuit Judges. In these consolidated petitions for review, Jose Antonio Regalado Zavala , a native and citizen of Mexico, seeks review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge ’ s decision denying his application for cancellation of removal (petition No. 16

- 73794), and the BIA’s

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

JUL 10 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS2 16

- 73794

order denying his motion to reopen (petition No. 17

- 71776)

. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. Bonilla v. L ynch , 840 F.3d 575, 581 (9th Cir. 2016). In petition
16

- 73794, we dismiss the petition for review. In petition 17

- 71776, w e deny the petition for review.
W e lack jurisdiction to review the agency’s discretionary denial of cancellation of removal. See 8 U.S.C. § 1252(a)(2)(B)(i); Patel v. Garland , 142 S. Ct. 1614, 1622

- 23 (2022) (where the agency denies a form of relief listed in
8 U.S.C. § 1252(a)(2)(B)(i), federal courts have jurisdiction to review constitutional clai ms and questions of law, but not f actual findings and discretionary decisions). Regalado Zavala ’s challenge to the agency’s adverse credibility determination does not raise a colorable legal or constitutional claim over which we retain jurisdiction. See 8 U.S.C. § 1252(a)(2)(D). Thus, w e dismiss petition 16

- 73794

. T he BIA did not abuse its discretion in denying petitioner’s motion to reopen based on ineffective assistance of counsel where petitioner failed to show prejudice from the performance of former counsel. See Rojas

- Garcia v. Ashcroft , 339 F.3d 814, 826 (9th Ci r. 2003) (petitioner failed to establish prejudice where he presented no plausible grounds for relief)

. Regalado Zavala’s contention that he is eligible for asylum and withholding of removal based on an imputed political3 16

- 73794

opinion is not properly before the court because he failed to raise it before the BIA.
See 8 U.S.C. § 1252(d)(1) (exhaustion of administrative remedies required); see also Santos

- Zacaria v. Garland , 143 S. Ct. 1103, 1113

- 14 (2023) (section 1252(d)(1) is a non

-

jurisdictional claim

- processi ng rule). Thus, we deny petition
17

- 71776. The temporary stay of removal remains in place until the mandate issues.
NO. 16
- 73794: PE TITION FOR REVIEW DISMISSED.
NO. 17
- 71776: PETITION FOR REVIEW DENIED .
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

AUGUST 31, 2001

THOMAS K. KAHN

CLERK

[PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 99-10862

________________________

D. C. Docket No. 98-00282-3-CV-RH

JERRY J. KILPATRICK,

Petitioner-Appellee,

versus

SAMUEL H. HOUSTON,

Respondent-Appellant.

________________________

Appeal from the United States District Court

for the Northern District of Florida

_________________________

(August 31, 2001)

ON REMAND FROM THE UNITED STATES SUPREME COURT

Before BLACK, GODBOLD and FAY, Circuit Judges.

PER CURIAM:

Petitioner-Appellee has been released from custody. This appeal is therefore

moot. Accordingly, this appeal is DISMISSED, and this case is REMANDED to

the district court with instructions to dismiss the petition as moot. See Bekier v.
2

Bekier, 248 F.3d 1051, 1055-56 (11th Cir. 2001) (“‘Where a case becomes moot

after the district court enters judgment but before the appellate court has issued a

decision, the appellate court must dismiss the appeal, vacate the district court’s

judgment, and remand with instructions to dismiss as moot.’”) (quoting United

States v. Ghandtchi, 705 F.2d 1315, 1316 (11th Cir. 1986)).

DISMISSED and REMANDED with instructions.
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.                  

###### National Science Foundation

In accordance with Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation announces the following meeting:

*Name:*                         Advisory Committee for International Science and Engineering (#25104).                    

*Date/Time:*                         September 20, 2010; 9 a.m. to 5:15 p.m.; September 21, 2009; 8:30 a.m. to 12 p.m.                    

*Place:*                         National Science Foundation, 4201 Wilson Boulevard, Stafford II, Room 595, Arlington, VA 22230.                    

*Type of Meeting:*                         Open.                    

*Contact Person:*                         Robert E. Webber, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230 (703) 292-7569.                    

If you are attending the meeting and need access to the NSF, please contact the individual listed above so your name may be added to the building access list.

*Purpose of Meeting:*                         To provide advice, recommendations, and oversight concerning support for research, education and related activities involving U.S. science and engineering working within a global context, as well as strategic efforts to promote a more effective NSF role in international science and engineering.                    

## Agenda

### September 20, 2010

Update of 2010 activities.

Working Groups discussions.

Invited presentations.

### September 21, 2009

Discussion with NSF International Coordinating Committee.

Conversation with NSF Acting Director.

Planning for the next meeting.

Dated: August 24, 2010.

Susanne Bolton,

Committee Management Officer.

[FR Doc. 2010-21437 Filed 8-27-10; 8:45 am]

BILLING CODE 7555-01-P