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

FOR THE FIFTH CIRCUIT

No. 14-20038

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

PONCIANO BAUTISTA ARELLANO, also known as Ponciano Arellano 

Bautista, also known as Ponciano Bautista-Arellanos,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 4:13-CR-669-1

Before REAVLEY, DENNIS, and SOUTHWICK, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Ponciano Bautista 

Arellano has moved for leave to withdraw and has filed a brief in accordance 

with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 

F.3d 229 (5th Cir. 2011). Arellano has not filed a response. We have reviewed 

counsel’s brief and the relevant portions of the record reflected therein. We 

* 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

August 22, 2014

Lyle W. Cayce

Clerk

 

 Case: 14-20038 Document: 00512743764 Page: 1 Date Filed: 08/22/2014
No. 14-20038

concur with counsel’s assessment that the appeal presents no nonfrivolous 

issue for appellate review. Accordingly, counsel’s motion for leave to withdraw 

is GRANTED, counsel is excused from further responsibilities herein, and the 

APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

2

 Case: 14-20038 Document: 00512743764 Page: 2 Date Filed: 08/22/2014
#### NEUMIN PRODUCTION COMPANY, et al. v. TIGER BEND, LTD., et al.

No. 2011-C-0717.

Supreme Court of Louisiana.

May 20, 2011.

In re The Mikell Group; —Defendant; Applying For Writ of Certiorari and/or Review, Parish of Evangeline, 13th Judicial District Court Div. A, No. 70481-A; to the Court of Appeal, Third Circuit, No. CA 10-1307.

Denied.
**Exhibit 31.1****CERTIFICATION**I, Pehong Chen, Chief Executive Officer and Chief Financial Officer of BroadVision,Inc., certifythat:1. I have reviewed this quarterly report on Form 10-Q of BroadVision, Inc.;2. Based on my knowledge, this report does not contain any untrue statement of a material fact oromit to state a material fact necessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respect to the period covered by thisreport;3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results of operationsand cash flows of the registrant as of, and for, the periods presented in this report;4. The registrant’s other certifying officer(s) and I are responsible for establishingand maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e) for the registrant and have:a) Designed such disclosure controls and procedures, or caused such disclosure controlsand procedures to be designed under our supervision, to ensure that material information relatingto the registrant, including its consolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this report is being prepared;b) Evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on such evaluation; andc) Disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (the registrant’s fourthfiscal quarter in the case of an annual report) that has materially affected, or is reasonablylikely to materially affect, the registrant’s internal control over financial reporting; and5. I have disclosed, based on my most recent evaluation of internal control over financialreporting, to the registrant’s auditors and the audit committee of the registrant’s board ofdirectors (or persons performing the equivalent functions):a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affect theregistrant’s ability 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 control over financial reporting.          Date: August 9, 2006      /s/ PEHONG CHEN    Pehong Chen    *Chief Executive Officer andChief*
[Federal Register Volume 75, Number 186 (Monday, September 27, 2010)]
[Notices]
[Pages 59289-59290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24043]


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

DEPARTMENT OF THE INTERIOR

National Park Service


National Register of Historic Places; Notification of Pending 
Nominations and Related Actions

    Nominations for the following properties being considered for 
listing or related actions in the National Register were received by 
the National Park Service before August 28, 2010. Pursuant to section 
60.13 of 36 CFR Part 60, written comments are being accepted concerning 
the significance of the nominated properties under the National 
Register criteria for evaluation. Comments may be forwarded by United 
States Postal Service, to the National Register of Historic Places, 
National Park Service, 1849 C St., NW., MS 2280, Washington, DC 20240; 
by all other carriers, National Register of Historic Places, National 
Park Service, 1201 Eye St., NW., 8th floor, Washington DC 20005; or by 
fax, 202-371-6447. Written or faxed comments should be submitted by 
October 12, 2010.
    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

J. Paul Loether,
Chief, National Register of Historic Places/National Historic Landmarks 
Program.

CONNECTICUT

Hartford County

First Lutheran Church of the Reformation, 77 Franklin Square, New 
Britain, 10000825

FLORIDA

Palm Beach County

Vedado Historic District, Roughly bounded Merril Ave, Southern Blvd, 
Parker Ave & Paseo Morella, West Palm Beach, 10000821

Sarasota County

Downtown Sarasota Historic District (Boundary Decrease), 1400 block 
of Main St, Sarasota, 10000815

[[Page 59290]]

MISSOURI

Callaway County

White Cloud Presbyterian Church and Cemetery, S side SR F at 
intersection with CR 232, Fulton, 10000817

Jackson County

Baltimore Avenue Historic District, 807-815 Wyandotte, Kansas City, 
10000824

Jasper County

Joplin and Wall Avenues Historic District, (Historic Resources of 
Joplin, Missouri) Portions of S. Joplin and Wall Aves, W First, 
Second, Third Sts, Joplin, 10000819
South Main Street Historic District, (Historic Resources of Joplin, 
Missouri) W side S Main St, between W First and W Second Sts, 
Joplin, 10000818

TEXAS

Travis County

Westgate Tower, 1122 Colorado St, Travis, 10000820

WISCONSIN

Milwaukee County

Kegel's Inn, 5901-5905 W National Ave, West Allis, 10000823
Koelsch Funeral Home, 7622 W Greenfield Ave, West Allis, 10000822
McMicken, Alexander Herschel and Pauline G., House, 1508 S 80th St, 
West Allis, 10000816

[FR Doc. 2010-24043 Filed 9-24-10; 8:45 am]
BILLING CODE P
*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.

1

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 00-10331

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

VERSUS

KEITH FIELDS, also known as James Johnson, 

also know as Keith Green, also known as Greasie,

Defendant-Appellant.

Appeal from the United States District Court

For the Northern District of Texas, Dallas Division

District Court No. 3:99-CR-74-2-G

January 2, 2001

Before EMILIO M. GARZA, STEWART and PARKER, Circuit Judges.

PER CURIAM:*

Keith Fields appeals his sentence for conspiracy to distribute

cocaine in violation of 21 U.S.C. § 841. We modify his sentence,

and, as modified, affirm.

Fields was charged in a one-count indictment with conspiracy
2

to distribute more than five kilograms of cocaine. Fields pleaded

guilty and the district court sentenced him to 108 months’

imprisonment, followed by a five year term of supervised release.

On appeal, Fields challenges only the five-year supervised release

term. Because Fields made no objection in district court to his

term of supervised release, we review his present challenge for

plain error. United States v. Meshack, 225 F.3d 556, 575 (5th Cir.

2000). 

A five-year term of supervised release is required in cases

involving in excess of five kilograms of cocaine. 21 U.S.C. §

841(b)(1)(B). However, the statutory maximum term for cocaine

possession which does not require some showing of drug amounts is

three years of supervised release. See 18 U.S.C. §

3583(b)(2)(providing for a term of supervised release of “not more

than three years”); 21 U.S.C. § 841(b)(1)(C)(providing for a “term

of supervised release of at least 3 years”); United States v.

Kelly, 974 F.2d 22, 24-25 (5th Cir. 1992)(reducing a term of

supervised release to three years by harmonizing the three-year

minimum in § 841(b)(1)(C) with the three-year maximum in §

3583(b)). In Apprendi v. New Jersey, 120 S. Ct. 2348 (2000), the

Supreme Court held that any fact, other than a prior conviction,

which increases the penalty for a crime, must be submitted to a

jury and proved beyond a reasonable doubt. Because the government

did not prove quantity beyond a reasonable doubt at the plea or
3

sentencing hearing, we find plain error in Fields’s sentence. See

Meshack, 225 F.3d at 578. The government concedes that the term of

supervised release is incorrect and should be adjusted.

Because the only authorized term of supervised release for the

offense of conviction is three years, there is no need for a

remand. See United States v. Vasquez, 504 F.2d 555, 556 (5th Cir.

1974). We therefore vacate Fields’s five-year term of supervised

release and impose a three-year term of supervised release. As

modified, Fields’s sentence is affirmed.

SENTENCE MODIFIED and, as modified, AFFIRMED.
I 

110TH CONGRESS 

1ST SESSION H. R. 1649 

To prohibit the closure or relocation of any county office of the Farm 

Service Agency until at least one year after the enactment of an Act 

to provide for the continuation of agricultural programs for fiscal years 

after 2007. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 22, 2007 

Ms. HERSETH introduced the following bill; which was referred to the 

Committee on Agriculture 

A BILL 

To prohibit the closure or relocation of any county office 

of the Farm Service Agency until at least one year 

after the enactment of an Act to provide for the continuation of agricultural programs for fiscal years after 2007. 

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

3 SECTION 1. PROHIBITION ON CLOSURE OR RELOCATION 

4 OF FARM SERVICE AGENCY COUNTY OF5 FICES. 

6 The Secretary of Agriculture may not close or relo7 cate any county or field office of the Farm Service Agency 

8 until at least one year after the date of the enactment 


bajohnson on PROD1PC77 with BILLS
2 

•HR 1649 IH

1 of an omnibus law to provide for the continuation of agri2 cultural programs for fiscal years after 2007. 

Æ 


bajohnson on PROD1PC77 with BILLS
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 Annual Report on Form 10-KSB of Heritage Worldwide, Inc.
(the "Company") for the fiscal year ended June 30, 2006, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"),
Jean-Claude Mas, Chairman of the Board hereby certifies, pursuant to 18 U.S.C.
Section 1350:

         (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.


Date:  September 28, 2006                      /s/ Jean-Claude Mas
                                                   -----------------------------
                                                   Jean-Claude Mas
                                                   Chairman of the Board
                                                   (Principal Executive Officer)
I 

110TH CONGRESS 

1ST SESSION H. R. 1029 

To amend title 49, United States Code, to direct the National Highway 

Traffic Safety Administration to require the disclosure of information 

relating to the fair market value and safety of damaged motor vehicles. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 13, 2007 

Mr. STEARNS (for himself, Mr. JONES of North Carolina, Ms. MOORE of Wisconsin, Mr. CAMPBELL of California, Mr. SENSENBRENNER, and Mrs. 

BLACKBURN) introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To amend title 49, United States Code, to direct the National Highway Traffic Safety Administration to require 

the disclosure of information relating to the fair market 

value and safety of damaged motor vehicles. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Damaged Vehicle In5 formation Act’’. 


hmoore on PROD1PC68 with HMBILLS
2 

•HR 1029 IH

1 SEC. 2. DISCLOSURE OF VEHICLE DAMAGE INFORMATION. 

2 Section 32303 of title 49, United States Code, is 

3 amended by adding at the end the following new sub4 section: 

5 ‘‘(d) DISCLOSURE OF FAIR MARKET VALUE AND

6 SAFETY INFORMATION.—(1) Not later than 270 days 

7 after the date of enactment of this subsection, the Sec8 retary of Transportation, through the National Highway 

9 Traffic Safety Administration, shall issue a regulation re10 quiring all persons who terminate a contract related to a 

11 motor vehicle due to flood or water damage, collision, fire 

12 damage, theft and recovery, or any other circumstance 

13 that adversely affects the fair market value of such motor 

14 vehicle, to disclose to the public in a commercially reason15 able, electronically accessible manner the following infor16 mation for every motor vehicle that has been identified in 

17 such contract: 

18 ‘‘(A) The vehicle identification number of the 

19 motor vehicle. 

20 ‘‘(B) The date of the termination of the con21 tract. 

22 ‘‘(C) The odometer reading of the motor vehicle 

23 on the date of the termination of the contract. 

24 ‘‘(D) Whether, as a result of the incident that 

25 resulted in the termination of the contract, one or 

26 more airbags in the motor vehicle were deployed. 


hmoore on PROD1PC68 with HMBILLS
3 

•HR 1029 IH

1 ‘‘(E) The cause of the termination of the con2 tract, including whether such cause was flood or 

3 water damage, collision, fire damage, theft and re4 covery, or another cause. 

5 ‘‘(2) The Secretary shall rely on the private sector 

6 to collect, aggregate, and disclose to the public the fair 

7 market value and safety information described in para8 graph (1) and all such information shall be accessible by 

9 vehicle identification number. 

10 ‘‘(3) For purposes of this subsection, the term ‘per11 son’ includes any individual, company, corporation, asso12 ciation, firm, partnership, society, or any other entity, but 

13 does not include any governmental agency.’’. 

Æ 


hmoore on PROD1PC68 with HMBILLS
Exhibit (24)

                           POWER OF ATTORNEY


We, the undersigned  directors of HSB Group, Inc., hereby  individually  appoint
Robert C.  Walker and Roberta A.  O'Brien,  and each of them  singly,  with full
power of substitution to each, our true and lawful  attorneys with full power to
them and each of them  singly,  to sign  for us in our  names in the  capacities
stated below the Form 10-K Annual Report, pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934, for the fiscal year ended December 31, 1997 for
HSB Group,  Inc., and any and all amendments to said Form 10-K, and generally to
do all such things in our name and on our behalf in our  capacities as directors
that will  enable the Company to comply with the  provisions  of the  Securities
Exchange Act of 1934, as amended,  and all  requirements  of the  Securities and
Exchange  Commission,  which  relate to said Form 10-K and the  filing  thereof,
hereby ratifying and confirming our signatures as they may be signed by our said
attorneys  or any  one of  them to said  Form  10-K  and any and all  amendments
thereto.

Pursuant to the requirements of the Securities  Exchange Act of 1934, this Power
of Attorney has been signed by the following  persons in the  capacities  and on
the date indicated.

(Signature)                         (Title)                        (Date)
-----------                         -------                        ------


/s/ Joel B. Alvord
Joel B. Alvord                      Director                  February  23, 1998


/s/ Colin G. Campbell
Colin G. Campbell                   Director                  February  23, 1998


/s/ Richard G. Dooley
Richard G. Dooley                   Director                  February  23, 1998

<PAGE>



    (Signature)                     (Title)                         (Date)
    -----------                     -------                         ------


/s/ William B. Ellis
William B. Ellis                    Director                  February  23, 1998


/s/ E. James Ferland
E. James Ferland                    Director                  February  23, 1998


/s/ Simon W. Leathes
Simon W. Leathes                    Director                  February 23, 1998


/s/ Lois Dickson Rice
Lois Dickson Rice                   Director                  February  23, 1998


/s/ John M. Washburn, Jr.
John M. Washburn, Jr.               Director                  February  23, 1998


/s/ Wilson Wilde
Wilson Wilde                        Director                  February  23, 1998

















10KPOW.DOC
#### STATE ex rel. Gregory T. JACKSON v. STATE of Louisiana.

No. 2011-KH-1754.

Supreme Court of Louisiana.

April 20, 2012.

In re Jackson, Gregory T.; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Calcasieu, 14th Judicial District Court Div. A, No. 12154-05; to the Court of Appeal, Third Circuit, No. KW10-00665.

Denied.
#### STATE ex rel. Larry R. PRICE v. STATE of Louisiana.

No. 2010-KH-0402.

Supreme Court of Louisiana.

Feb. 18, 2011.

In re Price, Larry R.; —Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. L, No. 398-639; to the Court of Appeal, Fourth Circuit, No. 2009-K-1612.

Denied. La.C.Cr.P. art. 930.8; *State ex rel. Glover v. State,*93-2330 (La.9/5/95), 660 So.2d 1189; *State v. Parker,*98-0256 (La.5/8/98), 711 So.2d 694; La.C.Cr.P. art. 930.3; *State ex rel. Melinie v. State,*93-1380 (La.1/12/96), 665 So.2d 1172; cf. La. C.Cr.P. art. 930.4(D).
#### Billy John MARTIN, Petitioner, v. STATE of Florida, Respondent.

No. 1D12-4432.

District Court of Appeal of Florida, First District.

Oct. 26, 2012.

Roger D. Hall of Roger D. Hall, P.A., Green Cove Springs, for Petitioner.

Pamela Jo Bondi, Attorney General, Tallahassee, for Respondent.

PER CURIAM.

DISMISSED as moot.

WOLF, VAN NORTWICK, and LEWIS, JJ., concur.
#### Willie THOMAS, Appellant, v. The STATE of Florida, Appellee.

No. 3D10-3276.

District Court of Appeal of Florida, Third District.

Feb. 16, 2011.

*603Willie Thomas, in proper person.

Pamela Jo Bondi, Attorney General, for appellee.

Before WELLS, SHEPHERD, and SUAREZ, JJ.

WELLS, Judge.

Willie Thomas appeals an order summarily denying his motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a). On appeal from a summary denial, this Court must reverse unless the postconviction record, *see*Fla. R.App. P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled to no relief. *See*Fla. R.App. P. 9.141(b)(2)(D).

The trial court denied the instant motion upon finding that the defendant had raised the same claim in a prior Rule 3.800 motion and that the claim was previously denied. However, the lower court failed to attach Thomas’ prior Rule 3.800 motion and the prior order denying the motion to the instant order under review. Because the record before us fails to make the required showing, we reverse the order on appeal and remand for an evidentiary hearing, or for the attachment of record excerpts conclusively showing that the appellant is not entitled to relief. *See*Fla. R.App. P. 9.141(b)(2)(D).

Reversed and remanded for further proceedings.
<PAGE>

                                                                    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 on Form 10K of Waypoint Financial Corp.
(the "Company") for the period ending December 31, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, James
H. Moss, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.
ss. 1350, as adopted pursuant to ss. 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 result of operations of
         the Company.

/s/ James H. Moss
-----------------
James H. Moss,
Chief Financial Officer

March 28, 2003

                                       91