alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Donald Edward BREEN, Plaintiff-Appellee, v. Robert A. HOOD, Defendant-Appellant.

No. 00-35221.

D.C. No. CV-99-00752-HA.

United States Court of Appeals, Ninth Circuit.

Submitted May 14, 2001.*

Decided June 1, 2001.

Before PREGERSON, FERNANDEZ, and WARDLAW, Circuit Judges.

*

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

MEMORANDUM **

Donald Edward Breen appeals the district court’s denial of his 28 U.S.C. § 2241 petition challenging the Bureau of Prison’s (“BOP”) denial of his request for early release, pursuant to 18.U.S.C. § 3621(e). We have jurisdiction pursuant to 28 U.S.C. § 2241. We review a district court’s denial of a § 2241 petition de novo, *see Bowen v. Hood,*202 F.3d 1211, 1218 (9th Cir.2000), and we affirm.

Breen contends that in light of *Cort v. Crabtree,*113 F.3d 1081 (9th Cir.1997), the retroactive application of the BOP’s 1994 amendments to the prison’s Residential Drug Abuse Program impermissibly dis*604qualified him for early release by characterizing his current conviction for unarmed bank robbery as a “crime of violence”.

We need not address this claim because, consistent with BOP regulations prior to the 1994 amendments, the BOP ultimately denied Breen an early release based upon his prior convictions for armed robbery. *See Bowen v. Hood,*202 F.3d 1211, 1219—20 (9th Cir.2000); *McLean v. Crabtree,*173 F.3d 1176, 1186 (9th Cir.1999) (en banc) (recognizing that under 18 U.S.C. § 3621(e)(2)(A), the BOP has broad discretion to grant or deny a sentence reduction).

AFFIRMED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 2023

- 0 845

_____________________________ C ARL I RVIN L ITTLE , J R

. , Appellant,

v.

S TATE O F F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Court for Columbia County

. Leandra G. Johnson , Judge

. May 21, 2024

P ER C URIAM

.
A FFIRMED

.
B.L. T HOMAS , R OBERTS , and R OWE , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________

Carl Irvin Little, Jr.
, pro se, Appellant.2 Ashley Moody, Attorney General, Virginia Chester Harris, Senior Assistant Attorney General
, Tallahassee, for Appellee.
**EXHIBIT 10.41**

** **

**WRITTEN DESCRIPTION OF DIRECTORSFEESPURSUANT TO ITEM 601(b)(10)(iii)(A) OF REGULATION S-K**

Each non-employee member of the Board of Directors of MentorCorporation receives a quarterly fee of $12,500, equaling a total annual fee of$50,000.  Effective June 1, 2005, the Chairman of the Board, who is anon-employee Director, receives a quarterly fee of $37,500, for a totalannual fee of $150,000.  The Chairperson of the audit committee receives anadditional $5,000 per year; bringing the total annual fee for the Chairpersonto $55,000.  In addition, under the Company's amended 2000 Long-Term IncentivePlan, each non-employee member of the Board of Directors is eligible to receiveoptions to purchase shares of the Company's common stock.
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<PAGE>

                                                                    EXHIBIT 32.1

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350

            In connection with the Annual Report of Mills Music Trust. (the
"Trust") on Form 10-K for the fiscal year ended December 31, 2004, as filed with
the Securities and Exchange Commission (the "Report"), I, Joel Faden, the chief
financial individual providing accounting services, certify, pursuant to 18
U.S.C. Section 1350, that to 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
Trust.*

* The statements of cash receipts and disbursements reflect only cash
transactions and do not include transactions that would be recorded in financial
statements presented on the accrual basis of accounting. The Trust is required
to distribute all funds received after payment of expenses. Accordingly, the
Trust has not prepared any statements of financial condition or cash flows.

Date: March 29, 2005                  /s/ Joel Faden
                                      --------------------------------------
                                      Joel Faden, Joel Faden & Company, Inc.
                                      Chief Financial Individual
                                      Providing accounting services

                                      -21-
<PAGE>   1



                                                                    EXHIBIT 23.4


                    CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

As independent public accountants, we hereby consent to the incorporation by
reference in this registration statement on Form S-8, to be filed on or around
August 28, 1998, of our report dated January 31, 1996, on the Consolidated
Financial Statements of UUNET Technologies, Inc. included in WorldCom, Inc.'s
Current Report on Form 8-K dated August 25, 1996, as amended by Form 8-K/A filed
on November 4, 1996, and to all references to our Firm included in this
registration statement.


                                                   ARTHUR ANDERSEN LLP


Washington, D.C.
August 27, 1998
#### Wolf *vs.*Trochelman.

A change of attorneys, in an action, should only be by order of the court, and can only be made upon such terms as may be just; which, in special cases, may involve the payment of the attorney’s costs. CeneraHy the client has a right to change his attorney at his pleasure.

(Before Robertson, Ch. J.

at special term, February —, 1866.
Fourth Court of Appeals

San Antonio, Texas

JUDGMENT

No. 04-23-00085-CR

Isaac GARZA,

Appellant

v.

The STATE of Texas,

Appellee

From the 437th Judicial District Court, Bexar County, Texas

Trial Court No. 2020CR12210

Honorable Melisa C. Skinner, Judge Presiding

BEFORE JUSTICE ALVAREZ, JUSTICE WATKINS, AND JUSTICE RODRIGUEZ

In accordance with this court’s opinion of this date, the motion to dismiss is GRANTED 

and this appeal is DISMISSED.

SIGNED May 17, 2023.

_________________________________

Beth Watkins, Justice
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<CASH>                                        14288416
<INT-BEARING-DEPOSITS>                               0
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<EPS-PRIMARY>                                     2.61
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<CHARGE-OFFS>                                        0
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<ALLOWANCE-CLOSE>                              6662377
<ALLOWANCE-DOMESTIC>                           5412175
<ALLOWANCE-FOREIGN>                                  0
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</TABLE>
#### Michigan Central Railroad Co. et al. v. Probate Judge for Tuscola County.

*Probate business*— Order *of confirmation*— Continuance.

*.'A*probato order confirming the report of commissioners upon the con damnation of land for a crossing of railways is invalid if made out of term without notice to the respondent.

The probate court cannot direct a continuance in condemnation proceedings pending before commissioners appointed by it.

¡The probate court is always open for ordinary routine business, but there must bo regular terms for contested matters (Comp. L. § 5331) and proceedings in which a party has a right to bo heard cannot be brought up at other times except on notice.

Mandamus.

Submitted and granted April 18.

From the papers in this case it appears that proceedings were taken for the condemnation of lands in which •relator is concerned, on the application of another railroad company; that the respondent appointed commissioners who met on the 25th day of November, 1881, agreed ■upon and made up their report and filed it with the respond- ■ ent; that at the time of filing the parties were not present by .counsel, but the respondent returns that the court had been *639•bold opon by continuance during tbe pendency of the proceedings, and lie thereupon entered an order confirming the report. On December 5 following, which was the first Monday of the month, counsel for the relator filed, in the office of respondent, objections to the confirmation of the •report; and they had not at that time learned that any order -of confirmation had been entered.

*Henry Russel*and *Alfred Russell*for relators.

By the Court.

The judge of probate assumes that under the statute the confirmation was regular, because the •statute requires it to be confirmed on the next or any subsequent day after the filing wdien the court is in session. General Laws 1813, p. 511, § 22. To reach tins conclusion 'it is necessary to hold either that the probate court is always ■open for business, so that every day when the judge shall •act is court day, or else that the continuance pending the proceeding kept the court in session. Neither qiosition is tenable. The probate court is always open for ordinary •routine business, but for contested matters-the statute contemplates there shall be regular terms — Comp. L., § 5231— •and proceedings in which a party has a right to be heard -cannot bo brought up at other times except on notice. The continuance of which the judge speaks in this case was of no force. The proceeding was before commissioners whom he had appointed, it is true, but it was not in court, and the •court could not direct any continuance In respect to it. The order of confirmation was therefore without authority ■and must be vacated.

Writ issued.
H. R. 4569

One Hundred Eighth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twentieth day of January, two thousand and four

An Act

To provide for the development of a national plan for the control and management

of Sudden Oak Death, a tree disease caused by the fungus-like pathogen

Phytophthora ramorum, 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. NATIONAL PLAN FOR CONTROL AND MANAGEMENT OF

SUDDEN OAK DEATH.

(a) DEVELOPMENT OF NATIONAL PLAN.—Subject to the availability of appropriated funds for this purpose, the Secretary of

Agriculture, acting through the Animal Plant and Health Inspection

Service, shall develop a national plan for the control and management of Sudden Oak Death, a forest disease caused by the funguslike pathogen Phytophthora ramorum.

(b) PLAN ELEMENTS.—In developing the plan, the Secretary

shall specifically address the following:

(1) Information derived by the Department of Agriculture

from ongoing efforts to identify hosts of Phytophthora ramorum

and survey the extent to which Sudden Oak Death exists in

the United States.

(2) Past and current efforts to understand the risk posed

by Phytophthora ramorum and the results of control and

management efforts regarding Sudden Oak Death, including

efforts related to research, control, quarantine, and hazardous

fuel reduction.

(3) Such future efforts as the Secretary considers necessary

to control and manage Sudden Oak Death, including cost estimates for the implementation of such efforts.

(c) CONSULTATION.—The Secretary shall develop the plan in

consultation with other Federal agencies that have appropriate

expertise regarding the control and management of Sudden Oak

Death.

(d) IMPLEMENTATION OF PLAN.—The Secretary shall complete

the plan and commence implementation as soon as practicable

after the date on which funds are first appropriated pursuant

to the authorization of appropriations in subsection (e) to carry

out this section.
H. R. 4569—2

(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to the Secretary such sums as may be necessary

to carry out this section.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.
<TABLE> <S> <C>

<ARTICLE> UT
<CIK> 0000838868
<NAME> UPPER PENINSULA ENERGY CORP
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               SEP-30-1996
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                      105,204
<OTHER-PROPERTY-AND-INVEST>                      6,127
<TOTAL-CURRENT-ASSETS>                          15,490
<TOTAL-DEFERRED-CHARGES>                         4,362
<OTHER-ASSETS>                                       0
<TOTAL-ASSETS>                                 131,183
<COMMON>                                             0
<CAPITAL-SURPLUS-PAID-IN>                       21,540
<RETAINED-EARNINGS>                             21,110
<TOTAL-COMMON-STOCKHOLDERS-EQ>                  42,650
<PREFERRED-MANDATORY>                              456
<PREFERRED>                                          0
<LONG-TERM-DEBT-NET>                            43,336
<SHORT-TERM-NOTES>                               4,200
<LONG-TERM-NOTES-PAYABLE>                            0
<COMMERCIAL-PAPER-OBLIGATIONS>                       0
<LONG-TERM-DEBT-CURRENT-PORT>                      236
<PREFERRED-STOCK-CURRENT>                            0
<CAPITAL-LEASE-OBLIGATIONS>                          0
<LEASES-CURRENT>                                     0
<OTHER-ITEMS-CAPITAL-AND-LIAB>                  40,305
<TOT-CAPITALIZATION-AND-LIAB>                  131,183
<GROSS-OPERATING-REVENUE>                       43,461
<INCOME-TAX-EXPENSE>                             2,119
<OTHER-OPERATING-EXPENSES>                      34,624
<TOTAL-OPERATING-EXPENSES>                      36,743
<OPERATING-INCOME-LOSS>                          6,718
<OTHER-INCOME-NET>                                  98
<INCOME-BEFORE-INTEREST-EXPEN>                   6,816
<TOTAL-INTEREST-EXPENSE>                         3,090
<NET-INCOME>                                     3,726
<PREFERRED-STOCK-DIVIDENDS>                         17
<EARNINGS-AVAILABLE-FOR-COMM>                    3,709
<COMMON-STOCK-DIVIDENDS>                           928
<TOTAL-INTEREST-ON-BONDS>                        3,864
<CASH-FLOW-OPERATIONS>                           7,930
<EPS-PRIMARY>                                     1.25
<EPS-DILUTED>                                     1.25
        

</TABLE>
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4478 Referred in Senate (RFS)]

  2d Session
                                H. R. 4478

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              June 3,2004

                                Received

                             June 25, 2004

     Read twice and eferred to the Committee on Small Business and 
                            Entrepreneurship

_______________________________________________________________________

                                 AN ACT

 
To provide for an additional temporary extension of programs under the 
   Small Business Act and the Small Business Investment Act of 1958 
             through July 23, 2004, 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. ADDITIONAL TEMPORARY EXTENSION OF AUTHORIZATION OF PROGRAMS 
              UNDER SMALL BUSINESS ACT AND SMALL BUSINESS INVESTMENT 
              ACT OF 1958.

    The authorization for any program, authority, or provision, 
including any pilot program, that was extended through June 4, 2004, by 
section 1 of Public Law 108-217 is further extended through July 23, 
2004, under the same terms and conditions.

SEC. 2. TECHNICAL AMENDMENT.

    Section 2 of Public Law 108-205 is amended by striking ``October 1, 
2003'' and inserting ``March 15, 2004''. The amendment made by the 
preceding sentence shall take effect as if included in the enactment of 
the section to which it relates.

            Passed the House of Representatives June 3, 2004.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.
```
<PAGE>   1
                                                                   EXHIBIT 10.15


[OPTEL LETTERHEAD]


                                                                November 7, 1995


Ms. Lynn Zera
440 Sheffield Drive
Richardson, Texas 75081


Dear Lynn:

I am pleased to confirm our offer of employment as Vice President of Human
Resources at a weekly base salary of $1,822.00 (a performance and compensation
review will occur at the end of 6 months - May 1, 1996) with a prospective
start date on or before Monday, November 20, 1995.
Your compensation package will include:

o    A comprehensive benefits package.

o    Annual bonus program up to 25% based upon agreed upon goals and objectives.

o    Long term stock option plan to be established during the 1995 calendar
     year, (stock offering will be at the same level as other vice presidents).

o    Participation in the 3 year incentive plan based on accomplishment of 3
     year plan goals.

o    Four (4) weeks vacation per year beginning in 1996.

o    In the event of termination for other than cause (i.e., takeover by another
     company) a severance package equivalent to 6 months salary will be paid in
     a lump sum.

o    All other terms and conditions to be consistent with same level employee of
     OpTel.

This offer is contingent upon your passing our required pre-employment drug test
for controlled substances, a background check and signing the attached
Confidentiality and Non-Disclosure Agreement.

The Immigration Reform and Control Act of 1986 requires that employers verify
the employment eligibility and identification of all employees hired after
November 6, 1986. Accordingly, on your first day of employment, you will be
asked to show a company representative the documents identified in Attachment
"A" (enclosed) and sign a statement that you are lawfully authorized to work in
the United States (I-9 enclosed) and that the documents you have presented are
genuine and relate to you. Also, please bring a copy of your birth certificate
and a copy of your spouse's (if applicable) for benefits purposes.

If you find these terms acceptable, please indicate your acceptance by signing
below and return a copy of this letter, along with the completed application to
the attention of Mr. Danny French, Human Resources Consultant, in the enclosed
self-addressed envelope, on or before November 17, 1995.
<PAGE>   2


[OPTEL LOGO]


I look forward to you joining the OpTel team and feel confident that your
background and experience will make a significant contribution to OpTel's
success.


Sincerely,

/s/ RORY O. COLE                        /s/ LYNN ZERA
Role O. Cole                            Lynn Zera
Chief Operating Officer


ROC/lgs