alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

Filed 5/20/13 P. v. W oods CA 3 NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Yolo)

----

THE PEOPLE,

Plaintiff and Respondent,

v.

TINA MARIE WOODS,

Defendant and Appellant. C072025

(Super. Ct. No. CRF12896)

Defendant Tina Marie Woods pleaded no contest to second degree burglary and

possessing methamphetamine. The abstract of judgment reflects a drug program fee, plus

assessments, totaling $600.

On appeal, defendant asks that we order the abstract of judgment corrected to

accurately reflect the sentence pronounced by the court. The People oppose the request

and seek remand. We shall order correction of the abstract of judgment.

BACKGROUND

Defendant entered an auto parts store with the intent to commit theft and

possessed methamphetamine. She entered a negotiated plea of no contest to charges of2

second degree burglary and possessi on of methamphetamine, and admitted a prior

conviction.

The presentence probation report did not recommend that the trial court order a

drug program fee, and the trial court did not orally impose such a fee at sentencing.

The abstract of judgment, howev er, contains a $150 drug program fee (Health & Saf.

Code, § 11372.7) and its attendant penalties, assessments and surcharges, which total

$600.

DISCUSSION

Where the abstract of judgment differs from the court’s oral pronouncements, the

oral pronouncement of judgment controls. ( People v. Delgado (2008) 43 Cal.4th 1059,

1070; People v. Mitchell (2001) 26 Cal.4th 181, 185 ( Mitchell ).) “The clerk cannot

supplement the judgment the court actually pronounced by adding a provision to the

minute order [or] the ab stract of judgment. [Citation.]” ( People v. Zackery (2007)

147 Cal.App.4th 380, 387

- 388.)

Errors in the abstract of judgment may be corrected by this court on appeal.

( Mitchell, supra , 26 Cal.4th at p. 185; People v. Garcia (2008) 162 Cal.App.4th 18, 24,

fn. 1.) Accordingly, we shall order the abstract of judgment corrected to delete all

references to the $150 drug program fee.

Although the People seek remand, because imposition of the drug program fee is

based on defendant’s ability to pay (Health & Saf. Code, § 11372.7, subd. (b)), on a silent

record, as here, we presume the trial court found defendant did not have the ability to pay

the fee. ( People v. Sharret (2011) 191 Cal.App.4th 859, 864.)

DISPOSITION

The judgment is affirmed. The trial co urt is directed to prepare a corrected

abstract of judgment deleting the Health and Safety Code section 11372.7 drug program

fee and each of its attendant assessments, fees and surcharges, and to forward a certified3

copy of the corrected abstract of judgme nt to the Department of Corrections and

Rehabilitation.

DUARTE , J.

We concur:

BLEASE , Acting P. J.

MURRAY , J.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 541 Introduced in Senate (IS)]

109th CONGRESS
  1st Session
                                 S. 541

To amend the Harmonized Tariff Schedule of the United States to clarify 
                  the rate of duty for certain gloves.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 7, 2005

Mrs. Feinstein introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
To amend the Harmonized Tariff Schedule of the United States to clarify 
                  the rate of duty for certain gloves.

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

SECTION 1. CERTAIN NON-KNIT GLOVES DESIGNED FOR USE BY AUTO MECHANICS.

    (a) In General.--Chapter 62 of the Harmonized Tariff Schedule of 
the United States is amended by inserting in numerical sequence, the 
following new subheading with the article description for such 
subheading having the same degree of indentation as the article 
description for subheading 6216.00.43:

      

``     6216.00.45         Mechanics' gloves  2.8%                Free (A,AU,CA,CL          45%
                                                                 E,IL,J,JO,MX,SG)                             ''

    (b) Definition of Mechanics' Gloves.--The additional U.S. Notes to 
chapter 62 of the Harmonized Tariff Schedule of the United States are 
amended by adding at the end the following:
``3. For purposes of subheading 6216.00.45, the term `mechanics' 
gloves' means gloves especially designed for the use of professional 
auto racing teams and general automotive mechanics, with the following: 
synthetic leather palms and fingers; fourchettes of synthetic leather, 
nylon, or elastomeric yarn; backs comprising either one layer of 
knitted elastomeric fabric classifiable under heading 5407 or three 
layers with the outer layer of knitted elastomeric fabric classifiable 
under heading 5407; a center layer of foam and the inner layer of 
tricot classifiable under heading 5903 (whether or not including a 
thermoplastic rubber logo or pad on the back); and elastic wrist strips 
with molded thermoplastic rubber hook-and-loop enclosures.''.
    (c) Effective Date.--The amendments made by this section apply to 
articles entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after enactment of this Act.
                                 <all>
```
Court of Appeals of the State of Georgia Clerk's Office, Atlanta, July 31, 2018. I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written. , Clerk. 

# Court of Appeals of the State of Georgia
ATLANTA, July 31, 2018 The Court of Appeals hereby passes the following order A18D0544. IN THE INTEREST OF L.P., A CHILD (FATHER) .
Upon consideration of the Application for Discretionary Appeal, it is ordered that it be hereby DENIED.
LC NUMBERS: 1800083 1800134
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-6764

PRENTISS QUICK,

Petitioner - Appellant,

versus

ATTORNEY GENERAL OF THE STATE OF NORTH CAROLINA; KENNETH SETZER, Superintendent; FRANKLIN

FREEMAN, Secretary, North Carolina Department

of Corrections,

Respondents - Appellees.

Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. James A. Beaty, Jr.,

District Judge. (CA-96-709-2)

Submitted: October 31, 1997 Decided: November 14, 1997

Before MURNAGHAN, LUTTIG, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Prentiss Quick, Appellant Pro Se. Clarence Joe DelForge, III,

OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North

Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant seeks to appeal the district court's order denying

relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 &

Supp. 1997). We have reviewed the record and the district court's

opinion accepting the recommendation of the magistrate judge and

find no reversible error. Accordingly, we deny a certificate of appealability, deny Appellant's motion for leave to proceed in forma

pauperis and motion for appointment of counsel, and dismiss the

appeal on the reasoning of the district court. Quick v. Attorney

Gen. of North Carolina, No. CA-96-709-2 (M.D.N.C. May 2, 1997). We

dispense with oral argument because the facts and legal contentions

are adequately presented in the materials before the court and

argument would not aid the decisional process.

DISMISSED
##### 



UNITED STATES
SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549
 FORM 8-K Current Report Pursuant to Section 13 or 15(d)
of the Securities Exchange Act of 1934 Date of Report(Date of earliest event reported)
December 6, 2004 Vitran Corporation Inc. (Exact name of registrant as specified in its charter)
 CANADA(State or other jurisdiction ofincorporation)
    
    000-26256(Commission File Number)
    
    Not applicable(IRS Employer Identification No.)
 185 The West Mall, Suite 701, Toronto, Ontario, Canada(Address of principal executive offices)
    
    M9C 5L5(Zip code)
 416-596-7664 (Registrants telephone number,
including area code)




---



##### 



Item 5.02 (c)(2) Departure of Directors or Principal Officers; Election of
Directors: Appointment of Principals officers Attached hereto as Exhibit 99.1, is the description of material terms
regarding the employment agreement between Sean Washchuk, Vice President of
Finance and Chief Financial Officer of Vitran Corporation and Vitran
Corporation Inc, in its entirety by reference herein.   SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned, thereunto duly authorized. VITRAN CORPORATION INC.By:
    /s/ Sean
P. WashchukName:
    Sean P. WashchukDate: December 6, 2004
    
    Title:
    Vice President Finance
and Chief Financial Officer   EXHIBIT INDEX Exhibit
    
    Description of Exhibit99.1
    
    Description of material terms regarding the employment agreement
between Sean Washchuk Vice President of Finance and Chief Financial
Officer and Vitran Corporation Inc  dated November 25, 2004
Exhibit 32.1



CERTIFICATION PURSUANT TO18 U.S.C. Section 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Annual Report ofFLM Minerals Inc.(the "Company") on Form 10-Kfor the year ended November 30, 2007 as filed with the Securities and Exchange Commission on the date here of (the "report"), I,George Heard, Chief Executive 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 requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and                                
|-- | -----------------------------------------------------------------------------------------------------------------------------------------------------
|  
|2. | The information contained in this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|  

Dated this 27thday of February, 2008.

GEORGE HEARDGeorge HeardChief Executive Officer



















---
### T E X A S C O U R T O F A P P E A L S , T H I R D D I S T R I C T , A T A U S T I N

NO. 03-11-00412- CV
John Moya, and /or All Occupants of 1385 P ine F orestCrl, Round Rock, Texas 78665, Appellan ts
v. F ederal Hom e Loan Mortgage Corporat ion, App ellee

F ROM CO UNTY COURT AT LAW NO . 4 O F WI LLIAM SO N COUNTY NO. 11- 0563 -CC4, HO NORAB LE JO HN MCM ASTER, JUDGE P RESIDING

M E M O R A N D U M O P I N I O N Appellants’ brief wa s due on Oc tober 3, 2011. On November 14, 2011, this Court notified appellants that their brief was overdue and that a failure to respond by November 28, 2011, would result in the dismiss al of this appea l for want of prosec ution. To date, appellants have not filed a brief or a motion for extension of time. Ac co rd i n gl y , we dismiss this appea l for want of prosec ution.

__________________________________________ Diane M. H enson, Jus tice Be fore J ustices Pury ear , Henson, a nd Goodwin Dismissed for Want of Prosecution Filed: Mar ch 2, 2012
#### UNITED STATES of America, Plaintiff-Appellee, v. Herlitz M. VANZIE, a.k.a. Stevie Wilburn, a.k.a. Santonien Flowers, Defendant-Appellant.

No. 08-15260

Non-Argument Calendar.

United States Court of Appeals, Eleventh Circuit.

May 28, 2009.

Patricia D. Barksdale, Dineen A. Baker, Jacksonville, FL, David Paul Rhodes, A. Brian Albritton, Tampa, FL, for Plaintiff-Appellee.

Herlitz M. Vanzie, Atlanta, GA, pro se.

*904Before BLACK, MARCUS and ANDERSON, Circuit Judges.

PER CURIAM:

W. Charles Fletcher, appointed counsel for Herlitz M. Vanzie in this 18 U.S.C. § 3582(c)(2) appeal, has filed a motion to withdraw from further representation, supported by a brief prepared pursuant to *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Our independent review of the entire record reveals that counsel’s assessment of the relative merit is correct. Because independent examination of the entire record reveals no arguable issues of merit, counsel’s motion to withdraw is GRANTED* and the district court’s denial of § 3582(c)(2) relief is AFFIRMED.1

1

. Vanzie's *pro se*Motion to Deny *Ander’s*Brief Filed by Court-appointed Counsel and Motion to Substitute Counsel is denied.
<PAGE>
================================================================================



                                    FORM 6-K


                       SECURITIES AND EXCHANGE COMMISSION

                             WASHINGTON, D.C. 20549



                            REPORT OF FOREIGN ISSUER

                    PURSUANT TO RULE 13a-16 OR 15d-16 OF THE
                         SECURITIES EXCHANGE ACT OF 1934


                           For the month of June 2006


                             CAMPBELL RESOURCES INC.
                               (Registrant's Name)


                          1155, University, Suite 1405,
                                Montreal, Quebec
                                 Canada H3B 3A7
                    (Address of Principal Executive Offices)


Indicate by check mark whether the registrant files or will file annual reports
under cover Form 20-F or Form 40-F

                          Form 20-F [X]     Form 40-F [ ]

Indicate by check mark whether the registrant by furnishing the information
contained in this Form is also thereby furnishing the information to the
Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934.

                                Yes [ ]     No [X]

If "Yes" is marked, indicate below the file number assigned to the registrant in
connection with Rule 12g3-2(b): 82-


================================================================================

<PAGE>



Filed with this Form 6-K is the following which are incorporated herein by
reference:

99.1   Press Release - June 27, 2006 - CAMPBELL RESOURCES ANNOUNCES APPROVAL AND
       SANCTION OF THE PLANS OF ARRANGEMENT


<PAGE>

                                   SIGNATURES

     Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned, thereunto duly authorized.


                                           CAMPBELL RESOURCES INC.


                                           /s/  Lucy Brun
                                           -----------------------------------
                                           Lucy Brun
                                           Executive Vice-President and
                                           Chief Administrative Officer



DATE:  June 27, 2006



<PAGE>





                                  EXHIBIT INDEX


99.1   Press Release - June 27, 2006 - CAMPBELL RESOURCES ANNOUNCES APPROVAL AND
       SANCTION OF THE PLANS OF ARRANGEMENT
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
UNAUDITED CONDENSED STATEMENTS OF ASSETS, LIABILITIES AND TRUST CORPUS OF
PERMIAN BASIN ROYALTY TRUST AS OF JUNE 30, 1999, AND THE RELATED CONDENSED
STATEMENTS OF DISTRIBUTABLE INCOME AND CHANGES IN TRUST CORPUS FOR THE SIX-MONTH
PERIOD ENDED JUNE 30, 1999.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                      $1,442,397
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                            $1,442,397
<PP&E>                                     $10,975,216
<DEPRECIATION>                              $7,891,611
<TOTAL-ASSETS>                              $4,580,312
<CURRENT-LIABILITIES>                       $1,424,397
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  $3,137,915
<TOTAL-LIABILITY-AND-EQUITY>                $4,580,312
<SALES>                                              0
<TOTAL-REVENUES>                            $5,740,262
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                              $260,340
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                             $5,479,922
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                         $5,479,922
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                $5,479,922
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
* 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

July 13, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-51313

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ROBERTO MUNOZ-PEREZ,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. 3:05-CR-1495-1

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

Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Roberto MunozPerez raises arguments that are foreclosed by Almendarez-Torres

v. United States, 523 U.S. 224, 235 (1998), which held that 8

U.S.C. § 1326(b)(2) is a penalty provision and not a separate

criminal offense. The Government’s motion for summary affirmance

is GRANTED, and the judgment of the district court is AFFIRMED.
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.                  

###### Small Business Administration

          - [Disaster Declaration #11722 and #11723] 

# AGENCY:

U.S. Small Business Administration. 

# ACTION:

Amendment 2.

# SUMMARY:

This is an amendment of the Presidential declaration of a major disaster for the State of Georgia (FEMA-1833-DR), dated 04/23/2009. 

*Incident:*                         Severe Storms, Flooding, Tornadoes, and Straight-line Winds.                     

*Incident Period:*                         03/26/2009 through 04/13/2009.                     

# DATES:

Effective Date: 05/07/2009. 

*Physical Loan Application Deadline Date:*                         06/22/2009.                     

*EIDL Loan Application Deadline Date:*                         01/23/2010.                     

# ADDRESSES:

Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. 

# FOR FURTHER INFORMATION CONTACT:

A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416.

# SUPPLEMENTARY INFORMATION:

The notice of the Presidential disaster declaration for the State of Georgia, dated 04/23/2009 is hereby amended to include the following areas as adversely affected by the disaster: 

*Primary Counties: (Physical Damage and Economic Injury Loans):*                     Ben Hill, Camden, Montgomery, Tattnall.                 

*Contiguous Counties: (Economic Injury Loans Only):*

Georgia: Candler, Emanuel, Evans, Liberty, Long, Toombs, Wilcox. 

Florida: Nassau.

All other information in the original declaration remains unchanged.

(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)

James E. Rivera, 

Acting Associate Administrator for Disaster Assistance.

[FR Doc. E9-11286 Filed 5-13-09; 8:45 am] 

BILLING CODE 8025-01-P
Exhibit 35.1

[LOGO] IMPAC

                                                       IMPAC FUNDING CORPORATION
                                        19500 JAMBOREE ROAD | IRVINE, CA | 92612
                                         WWW.IMPACCOMPANIES.COM | 1-800-597-4101

                    ITEM 1123 ANNUAL STATEMENT OF COMPLIANCE

                            Impac Funding Corporation

                        Impac Secured Assets Corp. 2007-2

      I, Mario Fegan, a duly authorized officer of Impac Funding Corporation, as
master servicer (the "Master Servicer") pursuant to the Pooling and Servicing
Agreement (the "Agreement"), hereby certify that:

      1. A review of the Master Servicer's activities during the period from and
including January 1, 2007 through and including December 31, 2007 (the
"Reporting Period") and of the Master Servicer's performance under the Agreement
has been made under my supervision.

      2. To the best of my knowledge, based on such review, the Master Servicer
has fulfilled all of its obligations under the Agreement in all material
respects throughout the Reporting Period.

      a) With respect to custodial accounts, reconciliations were not prepared
      within the 45 day timeframe, because of the downsizing of the department
      responsible for these reconciliations due to the ongoing disruption in the
      mortgage market. This exception has been corrected and the reconciliations
      are expected to be completed timely in the future.

      b) With respect to monitoring of performance triggers, the Master Servicer
      did compute and monitor the performance of the transaction. However, a
      calculation error caused one of the trigger tests to display a variance
      within tolerance when such a variance may not have existed. The failure of
      this particular test had no impact on either the reporting or remittance
      to the trust and has since been corrected and verified by management.


      IN WITNESS WHEREOF, the undersigned has duly executed this Certificate
this 20th day of March 2008.


                                               By: /s/ Mario Fegan
                                                   -----------------------------
                                               Name: Mario Fegan
                                               Title: V.P., Master Servicing