alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## NUMBER 13

- 17

- 00471

- CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

– EDINBURG

DANIEL STEVEN DELAGARZA

, Appellant,

v.

THE STATE OF TEXAS

, Appellee.

On appeal from the 24th District Court

of Victoria County, Texas.



## MEMORANDUM OPINION

Before Justices Contreras, Longoria

, and Hinojosa

Memorandum Opinion by Justice Longoria

A jury convicted appellant Daniel Steven DeLaGarza of felony theft of property,

less than $2,500.00, with two prior misdemeanor theft convictions. See T EX

. P ENAL C ODE

A NN . § 31.03 (West , Westlaw through 2017 1st C.S. ) . By one issue DeLaGarza appeals

the written judgment. We affirm.2 I. B ACKGROUND

DeLaGarza was convicted of felony theft of property, less than $2,500.00, for

stealing a nail pouch, a measuring tape, and wire cutters from Wal

- Mart. See id

.

DeLaGarza elected to have the jury assess punishment. Punishment was assessed by

the jury at two years in state jail and a $2,500.00 fine. In the record, the trial judge ’ s oral

sentencing was two years in state jail and a $2,000.00 fine. In the written judgment, the

trial judge sentenced DeLaGarza to two years in state jail and a $2,500.00 fine.

II. D ISCUSS ION

In his sole issue, DeLaGarza argues the trial court erred by not orally sentencing

him according to the jury ’ s punishment assessment. Article 42.01 of the Code of Criminal

Procedu re declares that the defendant should be punished in accordance with the jury ’ s

verdict. T EX

. C ODE C RIM

. P ROC

. A NN . art. 42.01, § 1(8) ( West, Westlaw through 2017 1st

C.S. ). Where the trial court’ s judgment differs from the jury’ s verdict, the judgment should

be ref ormed to reflect th e jury’ s verdict. Chudleigh v. State , 540 S.W.2d 314, 319 (Tex.

Crim. App. 1976)

. W here the oral pronou ncement is ambiguous, “the jury’s punishment

verdict, the court’ s pronouncement, and the written judgment should be read together in

an effort to resol ve the ambiguity.” Aguilar v. State , 202 S.W.3d 840, 843 (Tex. App.

—

Waco 2006, pet. ref’ d).

The jury issued the authorized verdict of two years in state jail and a fine of

$2,5 00 .00 which is reflected in the final written judgment. Because the written j udgment

accurately punished DeLaGarza in accordance with the jury ’ s verdict, it is clear that the

oral pronouncement of the fine being $2,000.00 was a misstatement by the trial court.

Therefore, we affirm the written judgment of the trial court which conform s to the jury ’ s3 assessed punishment

. See id. ; see also Ward v. State , 143 S.W.3d 271, 276 (Te x.

App.

— Waco 2004, pet. ref ’ d) (finding that an “appellate court must give a jury verdict a

liberal construction, and, if the jury ’ s intention may be reas onably ascertained, the verdict

is sufficient”)

.

III. C ONCLUSION

We affirm the written judgment of the trial court.

NORA L. LONGORIA

Justice

Do not publish.

T EX

. R. A PP

. P. 47.2(b).

Delivered and filed the

14th d ay of June, 2018.
FILED

United States Court of Appeals

Tenth Circuit

May 28, 2010

Elisabeth A. Shumaker

Clerk of Court

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

In re: AMERICAN FAMILY MUTUAL

INSURANCE CO. OVERTIME PAY

LITIGATION.

No. 10-1138

(D.C. Nos. 1:06-CV-17430-WYD-CBS &

1:04-CV-02174-WYD-CBS )

ORDER

The captioned appeal is dismissed, as to the remaining appellant, Martin Lukes, for

lack of prosecution pursuant to 10th Cir. R. 42.1.

A copy of this order shall stand as and for the mandate of this court.

Entered for the Court,

ELISABETH A. SHUMAKER, Clerk

Appellate Case: 10-1138 Document: 01018431385 Date Filed: 05/28/2010 Page: 1
UNITED STATES COURT OF APPEALS 

FOR THE TENTH CIRCUIT 

_________________________________ 

UNITED STATES OF AMERICA, 

 Plaintiff - Appellee, 

v. 

ANDREW GIBBS, a/k/a Andrew Lee 

Gibbs, 

 Defendant - Appellant. 

No. 22-5020 

(D.C. No. 4:21-CR-00144-GKF-1) 

(N.D. Okla.) 

_________________________________ 

ORDER AND JUDGMENT*

_________________________________ 

Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges. 

_________________________________ 

This matter is before us on the parties’ Joint Motion to Remand. The parties 

agree that the district court constructively amended the indictment via a jury 

instruction defining sexual contact, and Appellant Andrew Gibbs is entitled to relief 

for plain error. 

Upon consideration, the Joint Motion to Remand is granted. Mr. Gibbs’ 

conviction on Count Two is vacated. This appeal is dismissed and this matter is 

*

 In light of the parties’ joint motion, oral argument is not necessary, and this 

matter is submitted on the briefs. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). 

This order and judgment is not binding precedent, except under the doctrines of law 

of the case, res judicata, and collateral estoppel. It may be cited, however, for its 

persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. 

FILED 

United States Court of Appeals 

Tenth Circuit 

October 20, 2022

Christopher M. Wolpert 

Clerk of Court

Appellate Case: 22-5020 Document: 010110756228 Date Filed: 10/20/2022 Page: 1
2 

remanded with instructions to the district court to enter an amended judgment as to 

County Three only consistent with the Joint Motion to Remand. 

The Clerk is directed to issue the mandate forthwith. 

Entered for the Court 

Per Curiam 

Appellate Case: 22-5020 Document: 010110756228 Date Filed: 10/20/2022 Page: 2
<PAGE>   1

EXHIBIT 10.16
AMENDMENT TO BELDEN WIRE & CABLE COMPANY
SUPPLEMENTAL EXCESS DEFINED CONTRIBUTION PLAN



The Belden Wire & Cable Company Supplemental Excess Defined Contribution Plan is
amended by revising Article V (Distribution) Section 2 (Method of Distribution)
to read as follows:

"The benefits payable under the Plan from a Participant's Supplemental Matching
and Supplemental Basic Accounts shall be paid to the same person as soon as
practical following the (voluntary or involuntary) termination of that person's
employment with the Company.
Presidential Documents

67011 

Federal Register 

Vol. 75, No. 210 

Monday, November 1, 2010 

Title 3— 

The President 

Presidential Determination No. 2011–11 of August 10, 2010 

Continuation of U.S. Drug Interdiction Assistance to the Government of Colombia 

Memorandum for the Secretary of State [and] the Secretary of Defense 

Pursuant to the authority vested in me by section 1012 of the National 

Defense Authorization Act for Fiscal Year 1995, as amended (22 U.S.C. 

2291–4), I hereby certify, with respect to Colombia, that (1) interdiction 

of aircraft reasonably suspected to be primarily engaged in illicit drug trafficking in that country’s airspace is necessary, because of the extraordinary 

threat posed by illicit drug trafficking to the national security of that country; 

and (2) that country has appropriate procedures in place to protect against 

innocent loss of life in the air and on the ground in connection with 

such interdiction, which shall at a minimum include effective means to 

identify and warn an aircraft before the use of force is directed against 

the aircraft. 

The Secretary of State is authorized and directed to publish this determination in the Federal Register and to notify the Congress of this determination. 

THE WHITE HOUSE, 

WASHINGTON, August 10, 2010 

[FR Doc. 2010–27668 

Filed 10–29–10; 8:45 am] 

Billing code 4710–10–P 


mstockstill on DSKH9S0YB1PROD with PRESDOCO0OB#1.EPS</GPH>
FILED

United States Court of Appeals

Tenth Circuit

June 8, 2010

Elisabeth A. Shumaker

Clerk of Court

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

In re:

VECENTIE SONTIAGO MORALES,

JR.,

Petitioner.

No. 10-6103

(D.C. No. 5:08-CV-01282-C)

(W.D. Okla.)

ORDER

Before HARTZ, EBEL, and O’BRIEN, Circuit Judges.

On May 12, 2010, we issued an order inviting the district court to respond

to Mr. Morales’s petition for a writ of mandamus, which sought an order

compelling the district court to rule on his petition for habeas corpus. The district

court has informed us that a Report and Recommendation in Mr. Morales’s habeas

case was filed on May 13. The court then granted Mr. Morales an extension of

time to file objections to the Report and Recommendation, and his objections are

now due on or before July 12. These developments have rendered Mr. Morales’s

petition for a writ of mandamus moot; accordingly, it is hereby DISMISSED. 

Entered for the Court,

ELISABETH A. SHUMAKER, Clerk

Appellate Case: 10-6103 Document: 01018436738 Date Filed: 06/08/2010 Page: 1
Exhibit 32.2

Certification of
Principal Financial OfficerPursuant to U.S.C. Section 1350As Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of
2002

I,
John E. Yetter, Vice President and Chief Financial Officer of Derma Sciences, Inc., hereby
certify that the Quarterly Report on Form 10-Q for the period ended September 30, 2008 of
Derma Sciences, Inc. (the Form 10-Q) upon my best knowledge and belief 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 Form 10-Q fairly presents, in all material
respects, the financial condition and results of operations of Derma Sciences, Inc.

|                         |                                                                                                              | 
|------------------------ | ------------------------------------------------------------------------------------------------------------ | 
|Dated: November 14, 2008 | /s/ John E. Yetter                                                                                           | 
|                         | John E. Yetter, CPA
        Vice President and Chief Financial Officer
        (Principal Financial Officer) |
Ex-99.1 a)

                        REPORT OF INDEPENDENT ACCOUNTANTS

To the Board of Directors and Stockholder
of GMAC Mortgage Corporation:

We have examined management's assertion about GMAC Mortgage Corporation and its
subsidiaries' (the "Company") compliance with the minimum servicing standards
("standards") identified in the Mortgage Bankers Association of America's
UNIFORM SINGLE ATTESTATION PROGRAM FOR MORTGAGE BANKERS ("USAP") as of and for
the year ended December 31, 2000 included in the accompanying management
assertion (see Exhibit I). Management is responsible for the Company's
compliance with those minimum servicing standards. Our responsibility is to
express an opinion on management's assertion about the entity's compliance based
on our examination.

Our examination was made in accordance with standards established by the
American Institute of Certified Public Accountants and, accordingly, included
examining, on a test basis, evidence about the Company's compliance with the
standards and performing such other procedures as we considered necessary in the
circumstances. We believe that our examination provides a reasonable basis for
our opinion. Our examination does not provide a legal determination on the
Company's compliance with the standards.

In our opinion, management's assertion that the Company complied with the
aforementioned standards as of and for the year ended December 31, 2000 is
fairly stated, in all material respects.

/s/ PricewaterhouseCoopers LLP

March 26, 2001
# IUS with Magellan spacecraft drifts into space after STS-30 deployment

STS030-71-063 (4 May 1989) --- This scene is one of two released by NASA showing the process of solar array panel deployment on the Magellan spacecraft.  Panels are not fully extended in this frame.  The spacecraft had earlier been released by the STS-30 crewmembers to begin its long journey to the planet Venus for an extensive radar mapping mission. The frame was photographed through Atlantis? aft flight deck windows with a handheld 70mm camera.  The complementary photograph is STS030-71-070.

                    -  Facebook PinterestX
-  LinkedIn Emailhttps://www.nasa.gov/image-detail/amf-s30-71-063/Copy URL to clipboard>DownloadShareTakenMay 4, 1989ProducerJSCSize1920x1920pxPIA Numbers30-71-063The National Aeronautics and Space Administration
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Accessibility
-  									Page Last Updated:								  								Apr 07, 2023								 
-  									Page Editor:								   
-  								Responsible NASA Official:							  								Abigail Bowman
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






The undersigned hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to their knowledge, the Quarterly Report on Form 10-Q for the quarterly period ended December 26, 2010 of Sport Chalet, Inc. (the "Company") fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and that the information contained in such periodic report fairly presents, in all material respects, the financial condition and results of operations of the Company as of, and for, the periods presented in such report.









Date:           February 2, 2011






/s/   Craig L. Levra


Chairman of the Board,


Chief Executive Officer and President







/s/   Howard K. Kaminsky


Executive Vice President-Finance,


Chief Financial Officer and Secretary







A signed original of this written statement required by Section 906 has been provided to Sport Chalet, Inc. and will be furnished to the Securities and Exchange Commission or its staff upon request.
#### W. S. Macria et al. *v.*John Linder et al.

Fraudulent Conveyance — Deed Lodged for Record Constructive Notice.

A conveyance made and the deed lodged in the clerk’s office for registration, while the grantor is solvent, and before the creation of the liability of a surety for the grantor, is not fraudulent.

The deed operated as constructive notice from the time it was lodged in the clerk’s office for registration.

APPEAL FROM FULTON CIRCUIT COURT.

September 26, 1866.

Opinion of the Court by

Judge Bullett:

The conveyances by John Linder, Sr., to his youngest son and daughter in 1856, like those previously made by him to others of his children, seem to have been just and reasonable advancements of which no subsequent creditor has any right to complain. He was but slightly, if at all, in debt and was undoubtedly solvent. He was, therefore, able to make thesé last advancements, now causelessly impeached, and for equalization ought to have done so. The suretyship for which the appellants are striving to subject the lands last advanced was not contracted until more than two years after the date of the conveyances. To elude that liability, therefore, could not have been one of the motives for the conveyances which, being acknowledged and certified on the day of their date, operated as constructive notice from the time of their deposit in the clerk’s office for registration. The time of actual registration seems to have been merely accidental and is no evidence of fraud, and the delay could not have deceived the appellants whose interest in the conveyances did not accrue until long after their actual registration. We can detect no fraud nor see even a semblance of it. Wherefore, the judgment of the Circuit Court is affirmed.
NASA Advisory Council Recommendation

Independent Assessment of Cross-Directorate Mars Exploration
2012-02-08 (SC-02)

Recommendation:

The Council recommends that NASA arrange for independent, authoritative assessment and
advice through the National Research Council about the newly established cross-Directorate
partnership for the exploration of Mars.

Major Reasons for the Recommendation:

NASA needs the broad support of the U.S. space enterprise to realize the promise of success for
Mars exploration during the next several decades. An independent assessment body will
provide strategic guidance to Mars program plans, ensuring that goals are well connected to the
priorities and strategies laid out in the Decadal Reports.

Consequences of No Action on the Recommendation:
NASA will be less able to integrate the goals of different stakeholder communities and garner
the broad support of the space community for the Mars exploration program.

NASA Response:

NASA concurs in part. NASA will make use of appropriate advisory groups, including the
National Research Council (NRC) and the NASA Advisory Council (NAC), to assess within
available resource constraints, our cross-Directorate Mars Exploration Program.

The status of Mars program reformulation was presented to the NRC’s Committee on
Astrobiology and Planetary Science September 24-25, 2012, and the NAC’s Planetary Science
Subcommittee October 2-3, 2012. NASA will review any strategic advice or assessment
received from these independent groups in the context of our budgetary constraints. NASA’s
goal is to design a cross-Directorate Mars Exploration Program that is consistent with both
available resources and the science objectives contained in the NRC’s decadal surveys.

Enclosure
**Exhibit
      32.2**











**CERTIFICATON
      OF CHIEF FINANCIAL OFFICER**





**Pursuant
      to 18 U.S.C. § 1350, as adopted pursuant to**


**§
      906 of the Sarbanes-Oxley Act of 2002**





In
      connection with the filing with the Securities and Exchange Commission of the
      Quarterly Report of Hemagen Diagnostics, Inc. on Form 10-QSB for the period
      ending March 31, 2007, the (“Report”), I ,William P. Hales, certify, pursuant to
      18 U.S.C. § 906 1350, 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/
      William P. Hales


William
      P. Hales


Financial
      Officer


(Principal
      Financial Officer)








May
      29,
      2007




















A
      signed
      original of this written statement required by Section 906 has been provided
      to
      Hemagen Diagnostics, Inc. and will be retained by Hemagen Diagnostics, Inc.
      and
      furnished to the Securities and Exchange Commission or its staff upon
      request.
FILED

United States Court of Appeals

Tenth Circuit

June 21, 2010

Elisabeth A. Shumaker

Clerk of Court

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

GEORGE BANKS,

Plaintiff - Appellant,

v.

CAPTAIN HODAK; WARDEN RENE

GARCIA; DOCTOR ASST. IPPOLITO;

DR. SANDIFER, Optometrist; F.C.I.

ENGLEWOOD STAFF; THE

ATTORNEY GENERAL OF THE

STATE OF COLORADO,

Defendants - Appellees.

No. 10-1225

(D.C. No. 1:10-CV-0024-ZLW)

ORDER

The captioned appeal is dismissed for lack of prosecution pursuant to 10th Cir. 

R. 42.1.

A copy of this order shall stand as and for the mandate of this court.

Entered for the Court,

ELISABETH A. SHUMAKER, Clerk

Appellate Case: 10-1225 Document: 01018444484 Date Filed: 06/21/2010 Page: 1
<TABLE> <S> <C>


       
                                           
<ARTICLE>                                          5
<LEGEND>
     This schedule contains summary financial information extracted from the
consolidated balance sheets and consolidated statements of operations and is
qualified in its entirety by reference to such financial statements.                                      
</LEGEND>                                        

<S>                                                        <C>    
<PERIOD-TYPE>                                                3-MOS
<FISCAL-YEAR-END>                                      DEC-31-1997
<PERIOD-START>                                         JAN-01-1997
<PERIOD-END>                                           MAR-31-1997
<CASH>                                                  35,146,415
<SECURITIES>                                                     0
<RECEIVABLES>                                            1,171,896
<ALLOWANCES>                                                     0
<INVENTORY>                                                      0
<CURRENT-ASSETS>                                        42,087,432
<PP&E>                                                 823,137,878
<DEPRECIATION>                                         (90,733,339)
<TOTAL-ASSETS>                                         797,460,945
<CURRENT-LIABILITIES>                                   27,815,640
<BONDS>                                                394,794,619
<PREFERRED-MANDATORY>                                            0
<PREFERRED>                                                 62,998
<COMMON>                                                   172,332
<OTHER-SE>                                             374,615,356
<TOTAL-LIABILITY-AND-EQUITY>                           797,460,945
<SALES>                                                          0
<TOTAL-REVENUES>                                        34,651,756
<CGS>                                                            0
<TOTAL-COSTS>                                           15,043,007
<OTHER-EXPENSES>                                         7,026,142
<LOSS-PROVISION>                                                 0
<INTEREST-EXPENSE>                                       6,589,512
<INCOME-PRETAX>                                          5,993,095
<INCOME-TAX>                                                     0
<INCOME-CONTINUING>                                      5,993,095
<DISCONTINUED>                                                   0
<EXTRAORDINARY>                                                  0
<CHANGES>                                                        0
<NET-INCOME>                                             5,993,095
<EPS-PRIMARY>                                                    0.17
<EPS-DILUTED>                                                    0.17
        
 

</TABLE>
# Fourth Court of Appeals **San Antonio, Texas**
MEMORANDUM OPINION
No. 04

- 13

- 00537

- CV IN RE BIOMEDICAL ENTERPRISES, INC. Original Mandamus Proceeding 1
PER CURIAM Sitting: Catherine Stone, Chief Justice Rebeca C. Martinez, Justice Luz Elena D. Chapa, Justice
Delivered and Filed: August 30, 2013
PETITION FOR WRIT OF MANDAMUS DENIED
On August 7 , 2013 , relator BioMedical Enterprises, Inc. filed a petition for writ of
mandamus , uno pposed motion for temporary relief and emergency motion requesting transmittal
of documents filed under seal

. On August 8, 2013, t his court issued an order granting the temporary stay and requesting the sealed do cuments from the trial court

. The court has considered the petition
for writ of mandamus , the supplemental record materials submitted by the parties , and the
documents filed under seal received from the trial court . R elator is not entitled to the relief sought. Accordingly , the petition for writ of mandamus is denied and the temporary stay of the trial court’s discovery order is lifted

. See T EX

. R. A PP

. P . 52.8(a).
PER CURIAM

1 This proceeding arises out of Cause No. 2010

- CI

- 20398, styled William Casey Fox and Nancy Fox v. Steven R. Block; Block & Garden, LLP; BioM edical Enterprises, Inc.; Camden Partners, Inc.; Richard M. Johnston; Cross Atlantic Partners, Inc.; John L. Cassis; and Alastair Clemow , pending in the 285th Judicial District Court, Bexar County, Texas, the Honorable Gloria Salda ñ a presiding.