alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-13-00466-CR

Frank Sablan Benavente, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF BELL COUNTY, 426TH JUDICIAL DISTRICT

NO. 69033, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Appellant Frank Sablan Benavente pleaded guilty to theft of property valued at over

$1,500 but less than $20,000, a state jail felony punishable by confinement for a minimum of

180 days and a maximum of 2 years and a fine not to exceed $10,000. See Tex. Penal Code Ann.

§§ 12.35, 31.03. The trial court deferred adjudicating guilt and placed appellant on three-years’

community supervision. See Tex. Code Crim. Proc. art. 42.12, § 5. After appellant failed to comply

with several conditions of community supervision, the State filed a motion to adjudicate guilt, and

following appellant’s pleas of true to each of the alleged violations, the trial court sentenced him to

10 months in state jail and imposed a fine of $350. See id.

Appellant’s court-appointed attorney has filed a motion to withdraw supported by a

brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of

Anders v. California by presenting a professional evaluation of the record demonstrating why there
are no arguable grounds to be advanced. See Anders v. California, 386 U.S. 738, 744 (1967);

Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); see also Penson v. Ohio, 488 U.S. 75

(1988).

Appellant was served a copy of counsel’s brief and was advised of his right to

examine the appellate record and to file a pro se brief. See Anders, 386 U.S. at 744; Garner,

300 S.W.3d at 766. No pro se brief or other written response has been filed.

We have reviewed the record, including appellate counsel’s brief, and find no

reversible error. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766; Bledsoe v. State,

178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We agree with counsel that the record presents

no arguably meritorious grounds for review and the appeal is frivolous. Counsel’s motion to

withdraw is granted. The judgment of conviction is affirmed.

____________________________________________

J. Woodfin Jones, Chief Justice

Before Chief Justice Jones, Justices Pemberton and Field

Affirmed

Filed: November 8, 2013

Do not publish

2
# area_definitions_m2018
[Federal Register Volume 82, Number 160 (Monday, August 21, 2017)]
[Notices]
[Page 39560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17530]


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

DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board

[Order No. 2035]


Designation of New Grantee; Foreign-Trade Zone 103, Grand Forks, 
North Dakota

    Pursuant to its authority under the Foreign-Trade Zones Act of 
June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade 
Zones Board (the Board) adopts the following Order:

    The Foreign-Trade Zones (FTZ) Board (the Board) has considered the 
application (docketed June 21, 2017) submitted by the Grand Forks 
Regional Airport Authority, grantee of FTZ 103, requesting reissuance 
of the grant of authority for said zone to the Grand Forks Region 
Economic Development Corporation, which has accepted such reissuance 
subject to approval by the FTZ Board. Upon review, the Board finds that 
the requirements of the FTZ Act and the Board's regulations are 
satisfied, and that the proposal is in the public interest.
    Therefore, the Board approves the application and recognizes the 
Grand Forks Region Economic Development Corporation as the new grantee 
for Foreign-Trade Zone 103, subject to the FTZ Act and the Board's 
regulations, including Section 400.13.

    Dated: August 11, 2017.
Gary Taverman,
Deputy Assistant Secretary for AD/CVD Operations performing the non-
exclusive functions and duties of the Assistant Secretary for 
Enforcement & Compliance, Alternate Chairman, Foreign-Trade Zones 
Board.
[FR Doc. 2017-17530 Filed 8-18-17; 8:45 am]
BILLING CODE 3510-DS-P
TO

              THE AMENDED AND RESTATED CERTIFICATE OF INCORPORATION

                                       OF

                            INTEGRAMED AMERICA, INC.



         IntegraMed America, Inc., a Delaware corporation organized and existing
under the General Corporation Law of the State of Delaware (the  "Corporation"),
hereby certifies as follows:

         FIRST:   The name of the Corporation is IntegraMed America, Inc.

         SECOND: The Amended and Restated Certificate of Incorporation is hereby
amended to delete paragraph A of Article IV in its entirety and replace it with
a new paragraph A, to read as follows:


                                   "Article IV
                                  Capital Stock

                  A. The authorized capital stock of the Corporation shall
         consist of twenty million (20,000,000) shares consisting of fifteen
         million (15,000,000) shares of Common Stock, each having a par value of
         $.01 (the "Common Stock"), and five million (5,000,000) shares of
         Preferred Stock, each having a par value of $1.00 (the "Preferred
         Stock")."


         THIRD:  This  Amendment  has been duly adopted in  accordance  with the
provisions  of  Section  242 of the  General  Corporation  Law of the  State  of
Delaware.

         IN WITNESS WHEREOF, the Corporation has caused this Certificate to be
subscribed by its President and Chief Executive Officer, this 19th day of May,
2004.


IntegraMed America, Inc.


By:  /s/Gerardo Canet
     --------------------------------------
     Gerardo Canet
     President and Chief Executive Officer
569 F.2d 666

#### UNITED STATES of America v. Marino J. MATURO, Appellant.

No. 76-1741.

United States Court of Appeals, District of Columbia Circuit.

Nov. 29, 1977.

Marino J. Maturo, appellant pro se.

Earl J. Silbert, U. S. Atty., and John A. Terry, William D. Pease and Richard H. Saltsman, Asst. U. S. Attys., Washington, D. C., were on the brief for appellee.

Before LEVENTHAL, MacKINNON and WILKEY, Circuit Judges.

Opinion for the court PER CURIAM.

PER CURIAM:

Appellant’s brief, filed jointly with Louis P. and Anthony V. Vecchiarello in Nos. 76-1920 and 1921, decided today, 187 U.S.App.D.C. 1, 569 F.2d 656 (1977) requests:

> It is respectfully submitted that this Court permit its findings to apply to all appellants to the same extent as if such appellant separately raised the combined specific issues herein. The three criminal cases have made each appellant responsible, as a conspirator, for the acts of each other as inseparable defendants. It is to be noted that a conspirator is liable to the same extent as the principal. Then, by the same reasoning process each co-conspirator should fare no less [well] should the principal be successful in his appeal.

Appellants’ Brief p. 61.

We have acceded to this request and have fully and separately considered the facts and issues as they involve appellant Maturo individually, as well as the facts and the issues which involve Maturo with the Vecchiarellos, individually and collectively. Our conclusion is that no contention which involves Maturo individually may be successfully maintained, and that all contentions which involve Maturo with any issue advanced by either or both Vecchiarellos are all lacking in merit. We therefore affirm the judgment of conviction of Marino J. Maturo on authority of the court’s opinion filed today in Nos. 76-1920, 1921, 187 U.S.App.D.C. 1, 569 F.2d 656 (1977).

*Judgment accordingly.*
Exhibit 32.1



CERTIFICATION PURSUANT TO

18 U.S.C.
§1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the
Quarterly Report of Universal Hospital Services, Inc. (the Company) on Form 10-Q for the period ended June 30, 2004, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Gary D. Blackford,
President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. §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 the Report fairly presents,
in all material respects, the financial condition and results of operations of the Company.



|                                     
|-------------------------------------
|                                     
|/s/ Gary D. Blackford                
|Gary D. Blackford                    
|President and Chief Executive Officer
|August 10, 2004
##### 



EXHIBIT 32.B 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-K for the period ending
December 31, 2003, of Colorado Interstate Gas Company (the Company) as filed
with the Securities and Exchange Commission on the date hereof (the Report),
I, Greg G. Gruber, Senior Vice President, Chief Financial Officer and Treasurer
certify (i) that the Report fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and (ii) that
the information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company. /s/ Greg G. GruberGreg G. GruberSenior Vice President, Chief
Financial Officer and Treasurer
(Principal Financial Officer)
March 29, 2005 A signed original of this written statement required by Section 906 has been
provided to Colorado Interstate Gas Company and will be retained by Colorado
Interstate Gas Company and furnished to the Securities and Exchange Commission
or its staff upon request.
EXHIBIT 21 - SUBSIDIARIES

                                                          State or Other
                                                           Jurisdiction
       Subsidiary                                        of Incorporation

Cosco Fire Protection, Inc. -A                            California
Eljer Industries, Inc.                                    Delaware
Eljer Industries, Limited -B                              United Kingdom
Eljer Manufacturing Canada, Inc. -C                       Canada

Eljer Manufacturing, Inc. -B                              Delaware
Environmental Energy Company                              California
Firetrol Protection Systems, Inc.                         Utah
HL Capital Corp.                                          California

Industrias Eljer de Mexico, S.A. de C.V. -D               Mexico
National Energy Production Corporation                    Washington
Operational Energy Corp. -E                               California
Sanitary-Dash Manufacturing Co., Inc.                     Delaware

Selkirk Canada U.S.A., Inc. -B                            Delaware
Selkirk Europe U.S.A., Inc. -B                            Delaware
Selkirk Manufacturing France S.A.R.L. -F                  France
Selkirk Manufacturing Limited -G                          United Kingdom

Selkirk Schornsteintechnik GmbH -H                        Germany
Selkirk S.R.L. -I                                         Italy
Sharyn Steam, Inc.                                        California
United States Brass Corporation -J                        Delaware

Zurco, Inc.                                               Delaware
Zurn Constructors, Inc.                                   California
Zurn Export, Inc.                                         U.S. Virgin Islands
Zurn Industries Limited                                   Canada


A-Subsidiary of Zurn Constructors, Inc.
B-Subsidiary of Eljer Industries, Inc.
C-Subsidiary of Selkirk Canada U.S.A., Inc.
D-Subsidiary of Eljer Manufacturing, Inc. and Selkirk Canada U.S.A., Inc.
E-Subsidiary of National Energy Production Corporation
F-Subsidiary of Selkirk Europe U.S.A., Inc. and Eljer Industries Limited
G-Subsidiary of Eljer Industries Limited
H-Subsidiary of Selkirk Europe U.S.A., Inc.
I-Subsidiary of Selkirk Europe U.S.A., Inc. and Selkirk Manufacturing Limited
J-Subsidiary of Eljer Manufacturing, Inc.
[Federal Register Volume 82, Number 163 (Thursday, August 24, 2017)]
[Notices]
[Pages 40212-40213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17915]


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

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration #15224 and #15225; California Disaster Number CA-
00275]


Administrative Declaration Amendment of Disaster for the State of 
California

AGENCY: U.S. Small Business Administration.

ACTION: Amendment 1.

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

SUMMARY: This is an amendment of the Administrative declaration of a 
disaster for the State of CALIFORNIA dated 08/11/2017.

DATES: Issued on 08/11/2017.
    Physical Loan Application Deadline Date: 09/29/2017.
    Economic Injury (EIDL) Loan Application Deadline Date: 05/01/2018.

[[Page 40213]]


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, (202) 205-6734.

SUPPLEMENTARY INFORMATION: The notice of an Administrative declaration 
for the State of CALIFORNIA, dated 07/31/2017, is hereby amended to 
establish the incident closing date as 08/01/2017.
    Incident: Detwiler Fire.
    Incident Period: 07/16/2017 through 08/01/2017.
    All other information in the original declaration remains 
unchanged.

(Catalog of Federal Domestic Assistance Number 59008)

Linda E. McMahon,
Administrator.
[FR Doc. 2017-17915 Filed 8-23-17; 8:45 am]
 BILLING CODE 8025-01-P
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM GLIATECH
INC'S QUARTERLY REPORT ON FORM 10-Q FOR THE QUARTER ENDED SEPTEMBER 30, 1997 AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                           8,850
<SECURITIES>                                     3,667
<RECEIVABLES>                                      483
<ALLOWANCES>                                        37
<INVENTORY>                                        268
<CURRENT-ASSETS>                                13,629
<PP&E>                                           2,657
<DEPRECIATION>                                   1,394
<TOTAL-ASSETS>                                  15,528
<CURRENT-LIABILITIES>                            2,740
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            74
<OTHER-SE>                                      12,713
<TOTAL-LIABILITY-AND-EQUITY>                    15,528
<SALES>                                          1,084
<TOTAL-REVENUES>                                 3,551
<CGS>                                              415
<TOTAL-COSTS>                                      415
<OTHER-EXPENSES>                                 8,914
<LOSS-PROVISION>                                    25
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (5,130)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (5,130)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (5,130)
<EPS-PRIMARY>                                   (0.70)
<EPS-DILUTED>                                        0
        

</TABLE>
**Exhibit32.2**

 

**CERTIFICATIONPursuant to 18 United States Code Section 1350,As adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002**

 

The undersigned hereby certifies that, to thebest of my knowledge, the Quarterly Report on Form 10-Q for the period endedJune 30, 2004 of Graphic Packaging Corporation (the ‘‘Company’’) filed with theSecurities and Exchange Commission on the date hereof fully complies with therequirements of section 13(a) or 15(d) of the Securities Exchange Act of1934 and that the information contained in such report fairly presents, in allmaterial respects, the financial condition and results of operations of theCompany.

 

 
|   | /s/ JOHN T.  BALDWIN                                       |
|--------|------------------------------------------------------------|
|   | Name: John.  T. Baldwin                                    |
|   | Title:  Senior Vice President  and Chief Financial Officer |
|   | Date:  November 4, 2004                                    |

 

----
ex10_26.htm


    
      

    

    
      EXHIBIT
10.26

      


      AMENDMENT TO EMPLOYMENT
AGREEMENT

      


      Hypercom
Corporation (the “Company”) and Philippe Tartavull (the “Executive”) entered
into an Employment Agreement (the “Agreement’) on December 20, 2007, which
was amended on October 23, 2008.  Section 409A of the Internal
Revenue Code is potentially applicable to the Agreement.  The
Agreement has been administered in good faith compliance with the requirements
of Section 409A from December 20, 2007 through the date of this
Amendment and will continue to be so administered.

      


      Section
20 of the Agreement is hereby amended by adding the following paragraphs to the
end thereof:

      


      (c)           Under
no circumstances may the time or schedule of any payment made or benefit
provided pursuant to this Agreement be accelerated or subject to a further
deferral except as otherwise permitted or required pursuant to regulations and
other guidance issued pursuant to Section 409A of the Code.

      


      (d)           Employee
does not have any right to make any election regarding the time or form of any
payment due under this Agreement.

      


      IN
WITNESS WHEREOF, Executive has executed this Amendment, and Company has caused
this Amendment to be executed by its duly authorized representative, on this
31st
day of December, 2008.

      


      
        
          
            
              
                
                  
                    
                      
                        
                          	 
      	
                                  HYPERCOM
      CORPORATION

                                
	 
      	 
      	 
      
	 
      	 
      	 
      
	 
      	
                                  By

                                	
                                  /s/ Robert Vreeland

                                
	 
      	
                                  Its

                                	
                                  Interim CFO

                                
	 
      	 
      	 
      
	 
      	 
      	 
      
	 
      	
                                  “EXECUTIVE”

                                
	 
      	 
      	 
      
	 
      	/s/ Philippe Tartavull
	 
      	
                                  Philippe
      Tartavull
#### Teresa Rios CARBAJAL, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent.

No. 06-72629.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 20, 2007.*

Filed Dec. 28, 2007.

Law Offices of Carlos A. Cruz, Alhambra, CA, for Petitioner.

CAC-District Counsel, Esq., Office of the District Counsel, Department of Homeland Security, Los Angeles, CA, Ronald E. LeFevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, Carol Federighi, Esq., Lindsay L. Chichester, DOJ—U.S. Department of Justice Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

Before: GOODWIN, WALLACE, and HAWKINS, Circuit Judges.

*

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

MEMORANDUM **

Teresa Rios Carbajal petitions for review of an order of the Board of Immigra*761tion Appeals (“BIA”) denying her motion to reopen removal proceedings. We dismiss the petition for review.

The evidence Rios Carbajal presented with her motion to reopen concerned the same basic hardship grounds as her application for cancellation of removal. *See Fernandez v. Gonzales,*439 F.3d 592, 602-03 (9th Cir.2006). We therefore lack jurisdiction to review the BIA’s discretionary determination that the evidence would not alter its prior discretionary determination that she failed to establish the requisite hardship. *See id.*at 600 (holding that 8 U.S.C. *§*1252(a)(2)(B)(i) bars this court from reviewing the denial of a motion to reopen where “the only question presented is whether [the] new evidence altered the prior, underlying discretionary determination that [the petitioner] had not met the hardship standard.”) (Internal quotations and brackets omitted).

PETITION FOR REVIEW DISMISSED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
exv10w52






Exhibit 10.52




Schedule of Base Salaries for Certain Executive Officers




	 	 	 	 	 
	Name and Position	 	Annual Base Salary
	S.P. Johnson IV
	 	$	432,000	 
	President and Chief Executive Officer
	 	 	 	 
	Paul F. Boling
	 	$	237,000	 
	Chief Financial Officer,
Vice President, Secretary
and Treasurer
	 	 	 	 
	Gregory E. Evans
	 	$	234,000	 
	Vice President, Exploration
	 	 	 	 
	J. Bradley Fisher
	 	$	300,000	 
	Vice President and
Chief Operating Officer
	 	 	 	 
	Richard Smith
	 	$	215,000	 
	Vice President of Land