alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent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. 01-40049

Summary Calendar

 

ARTURO MELO MEDINA,

Petitioner-Appellant,

versus

JANIE COCKRELL, DIRECTOR, TEXAS 

DEPARTMENT OF CRIMINAL JUSTICE,

INSTITUTIONAL DIVISION,

Respondent-Appellee.

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

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 5:00-CV-141

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

June 6, 2002

Before JONES, SMITH, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

Arturo Melo Medina, Texas prisoner # 743972, appeals the

district court’s dismissal of his 28 U.S.C. § 2254 application

for a writ of habeas corpus as barred by the one-year statute of

limitations set forth in 28 U.S.C. § 2244(d). He argues that his

state habeas applications were delivered to and accepted by the

court clerk on July 6, 1999, and thus filed on that date even
No. 01-40049 

-2-

though they were not stamped filed until July 12, 1999. Thus, he

argues that the time period for filing his federal habeas

application was tolled until his state habeas applications were

denied on April 19, 2000. He further argues that he tendered his

federal application to prison authorities for mailing on April

19, 2000, making that application timely under Spotville v. Cain,

149 F.3d 374, 378 (5th Cir. 1998). Medina stated under penalty

of perjury in his federal habeas application that he placed his

petition in the prison mailing system on April 19, 2000. 

Respondent has supplemented the record on appeal with the

prison mail log which reflects that the only mail Medina sent to

the district court between April 10, 2000, and May 20, 2000, was

tendered for filing on May 18, 2000. The petition was received

by the court on May 22, 2000. Although there is a conflict in

the evidence, a remand is unnecessary if all the evidence is

documentary and the appellate court can pass upon the facts as

well as the trial court. In the Matter of Legel, Braswell Gov’t

Sec. Corp., 648 F.2d 321, 326 n.8 (5th Cir. Unit B 1981). 

Because we hold that his federal habeas application was not

tendered to prison authorities for mailing on April 19, 2000, his

federal application was untimely filed. Accordingly, the

district court’s dismissal of Medina’s 28 U.S.C. § 2254

application is AFFIRMED.
II 

113TH CONGRESS 

1ST SESSION S. 346 

To amend title 10, United States Code, to permit veterans who have a 

service-connected, permanent disability rated as total to travel on military 

aircraft in the same manner and to the same extent as retired members 

of the Armed Forces entitled to such travel. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 14, 2013 

Mr. TESTER (for himself, Mr. HELLER, and Mr. BAUCUS) introduced the following bill; which was read twice and referred to the Committee on 

Armed Services 

A BILL 

To amend title 10, United States Code, to permit veterans 

who have a service-connected, permanent disability rated 

as total to travel on military aircraft in the same manner 

and to the same extent as retired members of the Armed 

Forces entitled to such travel. 

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


smartinez on DSK6TPTVN1PROD with BILLS
2 

•S 346 IS

1 SECTION 1. TRANSPORTATION ON MILITARY AIRCRAFT ON 

2 A SPACE-AVAILABLE BASIS FOR DISABLED 

3 VETERANS WITH A SERVICE-CONNECTED, 

4 PERMANENT DISABILITY RATED AS TOTAL. 

5 (a) AVAILABILITY OF TRANSPORTATION.—Section 

6 2641b of title 10, United States Code, as amended by sec7 tion 622 of National Defense Authorization Act for Fiscal 

8 Year 2013, is further amended— 

9 (1) by redesignating subsection (f) as sub10 section (g); and 

11 (2) by inserting after subsection (e) the fol12 lowing new subsection (f): 

13 ‘‘(f) SPECIAL PRIORITY FOR CERTAIN DISABLED

14 VETERANS.—(1) The Secretary of Defense shall provide 

15 transportation on scheduled and unscheduled military 

16 flights within the continental United States and on sched17 uled overseas flights operated by the Air Mobility Com18 mand on a space-available basis for any veteran with a 

19 service-connected, permanent disability rated as total. 

20 ‘‘(2) Notwithstanding subsection (d)(1), in estab21 lishing space-available transportation priorities under the 

22 travel program, the Secretary shall provide transportation 

23 under paragraph (1) on the same basis as such transpor24 tation is provided to members of the armed forces entitled 

25 to retired or retainer pay. 


smartinez on DSK6TPTVN1PROD with BILLS
3 

•S 346 IS

1 ‘‘(3) The requirement to provide transportation on 

2 Department of Defense aircraft on a space-available basis 

3 on the priority basis described in paragraph (2) to vet4 erans covered by this subsection applies whether or not 

5 the travel program is established under this section. 

6 ‘‘(4) In this subsection, the terms ‘veteran’ and ‘serv7 ice-connected’ have the meanings given those terms in sec8 tion 101 of title 38.’’. 

9 (b) EFFECTIVE DATE.—Subsection (f) of section 

10 2641b of title 10, United States Code, as added by sub11 section (a), shall take effect at the end of the 90-day pe12 riod beginning on the date of the enactment of this Act. 

Æ 


smartinez on DSK6TPTVN1PROD with BILLS
SHW-2014.9.30-10Q-Exh10a




EXHIBIT 10(a)




Schedule of Executive Officers who are Parties
to the Amended and Restated Severance Agreements in the Forms Filed as
Exhibit 10(e) to the Company’s Annual Report on Form 10-K
For the Fiscal Year Ended December 31, 2010 
    






Form A of Severance Agreement


Christopher M. Connor
John G. Morikis
Sean P. Hennessy




Form B of Severance Agreement


Robert J. Davisson
Thomas E. Hopkins
Steven J. Oberfeld
Robert J. Wells




Form C of Severance Pay Agreement


Catherine M. Kilbane
Allen J. Mistysyn
David B. Sewell
Exhibit 32.2



Certification of Chief Financial Officer

Pursuant to

Section 906 of the Sarbanes-Oxley Act
of 2002 (18 U.S.C. 1350)



In connection with the Annual Report on Form 10-K
for the annual period ended December 31, 2016 (the “Report”) of VII Peaks Co-Optivist Income BDC II, Inc.
(the “Registrant”), as filed with the Securities and Exchange Commission on the date hereof, I, Michelle E.
MacDonald, the Chief Financial Officer, hereby certify, to the best of 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, as amended; and
| | --- | ---------------------------------------------------------------------------------------------------------------------------------



| | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------



|Dated this 2nd Day of June, 2017 | By: | /s/ Michelle E. MacDonald                                         
|-------------------------------- | --- | ------------------------------------------------------------------
|                                 |     | Michelle E. MacDonald                                             
|                                 |     | Chief Financial Officer,                                          
|                                 |     | Treasurer and Secretary                                           
|                                 |     | (Principal Financial Officer and Principal Accounting
    Officer)
# News

## U.S. Air Force LogoUnited States Air Force

# Keesler AFB partners with local university to reach new heights

              - Published  Nov. 27, 2020
              -                             By Airman 1st Class Seth Haddix                                                    
              - 81st Training Wing Public Affairs

**KEESLER AIR FORCE, Miss. (AFNS) --  **
The Air Force continuously drives to find innovative ways to modernize and improve the force. Collaboration can stem innovation and expand knowledge, creating a consistent approach of improvement and advancement.**Keesler AFB** and Mississippi State University developed a partnership earlier this year to enhance cyber capabilities.“Our goal is to share ideas and resources,” said Violet Brantley, 81st Training Group training administrator. “By working together, we can learn from each other.”Throughout 2020, Keesler AFB and MSU have conducted multiple visits, toured the area and tested their capabilities together.“Cyber is a very fast, evolving field, and it is extremely important to train with currency,” said David Shaw, MSU provost and executive vice president. “We strive to benefit students everywhere, so we must adapt to research findings for security.”MSU eventually assisted the 81st TRG by collaborating to improve instruction and taught multiple cyber courses to staff.“Sharing our knowledge can transform and develop how Keesler (AFB) trains,” Brantley said. “We strive for expertise to make our curriculum more relevant and legitimate, and MSU can help us improve.”As for what is to come, Keesler and MSU hope to establish a Mississippi Cyber Technology Center, creating a facility for engagement and partnerships to help modernize Air Force cyber training.“A centralized center will serve as an incubator for academia, industry and private sector development in cyber fields, while increasing the Mississippi cyber workforce,” Brantley said. “The center would not only improve our education and research capabilities, but also the community. This center would create new jobs and opportunities which can influence and grow Mississippi’s economy.”

 

FSUSAFAFAir ForceKeesler AFBMississippi State UniversityMississippi Cyber Centerpartnership81st Training GroupCyber Technology Center
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT RONALD S. WAGONER, JR., ) ) Appellant, ) ) v. ) Case No. 2D19-4935 ) STATEO OF FLORIDA, ) ) Appellee. ) ) Opinion filed September 30, 2020. Appeal from the Circuit Court for Polk County; William D. Sites, Judge. Ryan Thomas Truskoski, Ryan Thomas Truskoski, P.A., of Orlando, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Suzanne C. Bechard, Assistant Attorney General, Tampa, for Appellee.
PER CURIAM.

Affirmed.

MORRIS, LUCAS, and ATKINSON, JJ., Concur.
EXHIBIT 99.2



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
Annual Report of VCG Holding Corp. (the Company) on Form 10-KSB for the period ended December 31, 2002 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Donald W Prosser, Director 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 to the best of my knowledge:



|(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/ Donald W. Prosser

Donald W. Prosser

Director and Chief Financial Officer



Dated: June 17, 2003
Order entered May 17, 2019

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05

- 19

- 00285

- CV

JOHN TIEGEN, Appellant

V.

FREDERIC SLICE, Appellee

On Appeal from the 44th Judicial Distri ct Court

Dallas County, Texas Trial Court Cause No. DC

- 18

- 15264



### O RDER

Befo re the Court is appellee’s May 15, 2019 motion for extension of time to file brief

. Appellee explains the extension is necessary, in part, because a supplemental clerk’s record he
requested has not been filed. We GRANT the motion as follows.

We ORDER Dallas County District Clerk Felicia Pitre to file , no later than May 28,

2019, the supplemental clerk’s record requested by appellee on May 13, 2019. We further

ORDER appellee to fi le his resp onsive brief no late r than June 27, 2019.

We DIRECT the Clerk of the Court to send a copy of this order to Ms. Pitre and the
parties.

/s/ BILL WHITEHILL JUSTICE
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 400 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 400

 To amend the Federal Lands Recreation Enhancement Act to include the 
 Corps of Engineers as a Federal land management agency, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 28, 2013

  Mr. Boozman (for himself and Mr. Merkley) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL

 
 To amend the Federal Lands Recreation Enhancement Act to include the 
 Corps of Engineers as a Federal land management agency, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Corps of Engineers Recreation 
Improvement Act''.

SEC. 2. AMENDMENTS.

    (a) Definitions.--Section 802 of the Federal Lands Recreation 
Enhancement Act (16 U.S.C. 6801) is amended--
            (1) in paragraph (4), by inserting ``the Corps of 
        Engineers,'' after ``Bureau of Reclamation,'';
            (2) in paragraph (10)--
                    (A) in subparagraph (A), by striking ``and'' after 
                the semicolon;
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(C) the Secretary of the Army, with respect to 
                the Corps of Engineers.''; and
            (3) in paragraph (11), by inserting ``, the Secretary of 
        the Army,'' after ``Interior''.
    (b) Recreation Fee Authority.--Section 803 of the Federal Lands 
Recreation Enhancement Act (16 U.S.C. 6802) is amended--
            (1) in subsection (d)(1), in the matter preceding 
        subparagraph (A), by inserting ``the Corps of Engineers,'' 
        after ``Forest Service,'';
            (2) in subsection (f), in the matter preceding paragraph 
        (1), by inserting ``the Corps of Engineers,'' after 
        ``Reclamation,''; and
            (3) in subsection (g)(2), in the matter preceding 
        subparagraph (A), by inserting ``the Corps of Engineers,'' 
        after ``Land Management,''.
                                 <all>
```
Exhibit 23.1



CAWLEY, GILLESPIE &
ASSOCIATES, INC.



|                                 |  | PETROLEUM CONSULTANTS              |  |                                  
|-------------------------------- |  | ---------------------------------- |  | ---------------------------------
|                                 |  |                                   
|13640 BRIARWICK DRIVE, SUITE 100 |  | 306 WEST SEVENTH STREET, SUITE 302 |  | 1000 LOUISIANA STREET, SUITE 1900
|AUSTIN, TEXAS 78729-1707         |  | FORT WORTH, TEXAS 76102-4987       |  | HOUSTON, TEXAS 77002-5008        
|512-249-7000                     |  | 817- 336-2461                      |  | 713-651-9944                     
|                                 |  | www.cgaus.com                      |  |                                  



CONSENT OF INDEPENDENT PETROLEUM ENGINEERS AND
GEOLOGISTS



We hereby consent to the
use of the oil and gas reserve information in the Permianville Royalty Trust Securities and Exchange Commission Form 10-K for the year
ended December 31, 2021, based on the reserve report dated February 8, 2022. We also consent to the inclusion of our report dated
February 8, 2022 as an exhibit to the Form 10-K.



| |                                        
| | ---------------------------------------
| |                                        
| | W. Todd Brooker, P.E.                  
| | Senior Vice President                  
| | Cawley, Gillespie & Associates, Inc.   
| | Texas Registered Engineering Firm F-693

Fort Worth, Texas

March 25, 2022
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

_____________

No. 97-4299SD

_____________

United States of America, *

*

Appellee, * Appeal from the United States

* District Court for the District

v. * of South Dakota.

*

Daniel Ross Schaeffer, * [UNPUBLISHED]

*

Appellant. *

_____________

 Submitted: May 13, 1998

Filed: May 21, 1998

_____________

Before RICHARD S. ARNOLD, JOHN R. GIBSON, and FAGG, Circuit Judge.

_____________

PER CURIAM.

Daniel Ross Schaeffer was convicted of conspiracy to distribute

methamphetamine. Schaeffer now appeals claiming (1) the district court committed

error in refusing to suppress incriminating evidence seized during postarrest and

inventory searches of his motor vehicle, (2) the district court committed error in

admitting certain evidence, (3) the district court committed error in refusing to give

Schaeffer's proposed entrapment and mistake of fact instructions, and (4) the

Government produced insufficient evidence to support the jury's verdict. Schaeffer also

raises several arguments about his sentence. After a review of the record and the

parties' submissions and oral argument, we conclude the district court correctly
-2-

resolved each of Schaeffer's claims. Because the appeal involves the straightforward

application of settled principles of law, a discussion of the issues will serve no useful

purpose. We are satisfied that no error of law appears and that none of the district

court's sentence-related findings are clearly erroneous. We thus affirm Schaeffer's

conviction and sentence. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
Exhibit 35.1

[First Republic Bank Logo]

Feb 29, 2016

Servicer Compliance Statement

For SEMT 2011-2 (see Schedule A)

The undersigned, a duly authorized officer of First Republic Bank (the Servicer), does hereby certify that:



| | (i) | a review of the Servicers activities during the reporting period from January 1, 2015 through December 31, 2015 and of its performance under the Agreement (as defined on Schedule A attached hereto) from
the above referenced trust during such period has been made under such officers supervision, and
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (ii) | to the best of such officers knowledge, based on such review, the Servicer has fulfilled all of its obligations under this Agreement in all material respects throughout such reporting period.
| | ---- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



First Republic BankBy:

/s/ Lionel AntunesName:

Lionel AntunesTitle:

Vice President of Residential LendingDate:

Feb. 29, 2016




---

<for SEMT 2011-2>

SCHEDULE A



| | 1. | Flow Mortgage Loan Sale and Servicing Agreement dated as of July 1, 2010, between Redwood Residential Acquisition Corporation and First Republic Bank, as modified by the Reconstitution Agreement dated
September 27, 2011 (the Agreement); and
| | -- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 2. | Flow Mortgage Loan Sale and Servicing Agreement dated as of April 8, 2011, between DLJ Mortgage Capital, Inc. and Bank, as modified by the Reconstitution Agreement dated September 27, 2011 (the
Agreement).
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Each of the foregoing an Agreement for purposes of this Servicer Compliance Statement.
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 17-41034

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

CLAUDIO PEREZ-MIRAMONTES,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 7:17-CR-652-1

Before STEWART, Chief Judge, and DENNIS and HAYNES, Circuit Judges.

PER CURIAM:*

IT IS ORDERED that our prior panel opinion is WITHDRAWN and the 

following opinion is SUBSTITUTED therefor.

Claudio Perez-Miramontes pleaded guilty to being found in the United 

States after previous deportation. The district court imposed a 65-month 

sentence of imprisonment, which was above the advisory guidelines range. 

Perez-Miramontes argues that his sentence is substantively unreasonable 

 

* 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

June 22, 2018

Lyle W. Cayce

Clerk

 Case: 17-41034 Document: 00514525469 Page: 1 Date Filed: 06/22/2018
No. 17-41034

2

because the district court gave “undue, significant weight to its unfounded 

belief that [he] may have ‘exposed others’” to his medical condition. 

Perez-Miramontes’s argument fails for two reasons. Underlying the 

district court’s allegedly “unfounded belief” is its factual determination that 

Perez-Miramontes may have exposed others to his medical condition. The 

Government does not rely on our rule that “questions of fact capable of 

resolution by the district court can never constitute plain error.” See United 

States v. Illies, 805 F.3d 607, 609 (5th Cir. 2015). Instead it explains that the 

district court’s factual finding was plausible in light of the record as a whole. 

We agree with this contention. Id. Second, it is evident from the record that 

the district court was concerned with Perez-Miramontes’s recidivism and that 

it chose to impose the variance due to Perez-Miramontes’s criminal history, to 

protect the public, to promote respect for the law, and to afford adequate 

deterrence. See United States v. Brantley, 537 F.3d 347, 350 (2008). PerezMiramontes’s disagreement with the district court’s weighing of the factors is 

insufficient to demonstrate an abuse of discretion. See Gall v. United States, 

552 U.S. 38, 51 (2007). Given the significant deference that is due to a district 

court’s consideration of the § 3553(a) factors and the district court’s 

explanation of its sentencing decision, Perez-Miramontes has not 

demonstrated that his 65-month sentence is substantively unreasonable. See 

Brantley, 537 F.3d at 349; United States v. McElwee, 646 F.3d 328, 337 (5th 

Cir. 2011). Accordingly, the judgment of the district court is AFFIRMED.

 Case: 17-41034 Document: 00514525469 Page: 2 Date Filed: 06/22/2018