alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent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 Local Rule

47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 97-50040

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ARMANDO DE LA ROSA, also known as Psycho,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Texas

USDC No. CP-960CR-188-1

- - - - - - - - - -

August 18, 1997

Before KING, HIGGINBOTHAM, and DUHÉ, Circuit Judges. 

PER CURIAM:*

Armando De La Rosa appeals the district court’s overruling

of his objection to the presentence report’s recommendation that

he not be considered a minor participant, which would have

entitled him to a two-point reduction.

This court reviews the application of the United States

Sentencing Guidelines de novo, and it reviews the sentencing

court’s factual findings for clear error. United States v.
No. 97-50040

- 2 -

Edwards, 65 F.3d 430, 432 (5th Cir. 1995). The role of defendant

in the offense is a factual determination which this court

reviews for clear error. United States v. Davis, 19 F.3d 166,

171 (5th Cir. 1994). 

“Minor participant” is any participant who is less culpable

than most other participants but whose role could not be

described as minimal. U.S.S.G. § 3B1.2, comment. (n.3). A

defendant is considered a minor participant only if he

substantially less culpable than the average participant.

The district court did not misapply the Sentencing

Guidelines and did not clearly err in finding that De La Rosa,

who conceded he entered a bank with a revolver, stood guard in

the lobby while another had bags filled with cash, and who fired

three shots in the air when leaving, telling everyone to not

move, was not a minor participant in the bank robbery charge, to

which he pleaded guilty.

AFFIRMED.
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<TOTAL-REVENUES>                                47,314
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<OTHER-EXPENSES>                                13,665
<LOSS-PROVISION>                                   410
<INTEREST-EXPENSE>                              10,744
<INCOME-PRETAX>                                  9,857
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<CHANGES>                                            0
<NET-INCOME>                                    11,271
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</TABLE>
**CL** IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 2 3 - 0 127 STATE OF MONTANA,

Plaintiff and Appellee , v. CHRISTOPHER ROBIN LEDEAU ,

Defendant and Appellant.

**ORDER** Upon consideration of Appellee’s motion for a 30 - day extension of time, and good cause appearing therefor, Appellee is granted an extension of time to and including July 2 4 , 202 4 , within which to prepare, file, and serve the State’s response brief

.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

June 11 2024

06/11/2024

Case Number: DA 23-0127
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

SUNSHINE ACT NOTICE

BAC 6735-01

December 5, 2016

TIME AND DATE: 10:00 a.m., Tuesday, December 13, 2016

PLACE: The Richard V. Backley Hearing Room, Room 511N, 1331 

Pennsylvania Avenue, NW, Washington, DC 20004 (enter from 

F Street entrance)

STATUS: Closed

MATTERS TO BE 

CONSIDERED: The Commission will consider and act upon the following in 

closed session: Daniel B. Lowe and Matthew Varady v. Veris Gold 

USA, Inc., et al. (Issues include whether the Administrative Law 

Judge erred in dismissing two discrimination cases where the 

original operator was the subject of bankruptcy proceedings.)

Any person attending this meeting who requires special 

accessibility features and/or auxiliary aids, such as sign language 

interpreters, must inform the Commission in advance of those 

needs. Subject to 29 C.F.R. § 2706.150(a)(3) and § 2706.160(d).

CONTACT PERSON 

FOR MORE INFO: Emogene Johnson (202) 434-9935 / (202) 708-9300 for TDD

Relay / 1-800-877-8339 for toll free.

__________________________________

Emogene Johnson

Administrative Assistant
* Pursuant to Local Rule 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 Local Rule 47.5.4. UNITED STATES COURT OF APPEALS

For the Fifth Circuit

No. 95-60760

Summary Calendar

RANDY RAY SHOEMAKE,

Plaintiff-Appellant,

VERSUS

WAL-MART STORES, INC.,

Defendant-Appellee.

Appeal from the United States District Court

For the Southern District of Mississippi

(1:94-CV-495-RR)

May 14, 1996

Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.

PER CURIAM: *

Shoemake filed suit against Wal-Mart Stores, Inc. ("Wal-Mart")

in the Circuit Court of Pearl River County, Mississippi, seeking to

recover damages for personal injuries sustained by Shoemake when he

slipped and fell on the premises of a Wal-Mart Store in Picayune,

Mississippi. Wal-Mart removed the action to the United States2

District Court for the Southern District of Mississippi on the

basis of diversity of citizenship and after completion of discovery

moved for summary judgment. The United States district judge

granted Wal-Mart's motion for summary judgment. We have carefully

reviewed the briefs, the reply brief, the record excerpts and

relevant portions of the record itself. For the reasons stated by

the district judge in his memorandum order filed November 6, 1995,

we affirm the final judgment filed under date of November 21, 1995,

in Wal-Mart's favor.

AFFIRMED

.
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-14-00038-CV

In re Dynamic Systems, Inc.

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

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

Relator Dynamic Systems, Inc. has notified this Court that it no longer wishes to

pursue this original proceeding and has filed an agreed motion to dismissit with prejudice. We grant

the motion and dismiss this original proceeding with prejudice.

__________________________________________

Jeff Rose, Justice

Before Chief Justice Jones, Justices Pemberton and Rose

Filed: March 19, 2014
##### 



Exhibit 12.1
 LodgeNet Entertainment Corporation and Subsidiary
Statement Regarding Computation of Ratios (Unaudited)
  2005
    
    
    2004
    
    
    2003
    
    
    2002
    
    
    2001Net loss
    
    $
    (6,959
    )
    
    $
    (20,781
    )
    
    $
    (35,052
    )
    
    $
    (29,126
    )
    
    $
    (26,408
    )Add:Provision for income taxes
    
    
    450
    
    
    
    421
    
    
    
    459
    
    
    
    550
    
    
    
    689Add fixed charges (1):Interest
    
    
    29,351
    
    
    
    31,891
    
    
    
    34,239
    
    
    
    33,037
    
    
    
    30,306Amortization of debt costs
    
    
    1,636
    
    
    
    1,734
    
    
    
    1,831
    
    
    
    2,001
    
    
    
    1,178Amortization of debt
discount
    
    
    
    
    
    
    82
    
    
    
    104
    
    
    
    147
    
    
    
    190Interest portion of rentals
    
    
    254
    
    
    
    239
    
    
    
    219
    
    
    
    198
    
    
    
    179Earnings available to cover
fixed charges
    
    
    24,732
    
    
    
    13,586
    
    
    
    1,800
    
    
    
    6,807
    
    
    
    6,134Less fixed charges
    
    
    31,241
    
    
    
    33,946
    
    
    
    36,393
    
    
    
    35,383
    
    
    
    31,853Deficiency in the coverage of
fixed charges
    
    $
    (6,509
    )
    
    $
    (20,360
    )
    
    $
    (34,593
    )
    
    $
    (28,576
    )
    
    $
    (25,719
    )
 (1)
    
    Fixed charges consist of interest on all indebtedness, including amortization of debt
issuance expense and capitalized interest, and one-third of rental expense (which is estimated
to represent the interest portion thereof).
<TABLE> <S> <C>


<ARTICLE>                        5

<S>                              <C>
<PERIOD-TYPE>                    9-MOS
<FISCAL-YEAR-END>                SEP-30-2000
<PERIOD-END>                     JUN-30-2000
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<SECURITIES>                                                0
<RECEIVABLES>                                          11,112
<ALLOWANCES>                                           (6,300)
<INVENTORY>                                             1,364
<CURRENT-ASSETS>                                       44,594
<PP&E>                                                105,766
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<PREFERRED-MANDATORY>                                       0
<PREFERRED>                                                 0
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<TOTAL-LIABILITY-AND-EQUITY>                          283,272
<SALES>                                                42,537
<TOTAL-REVENUES>                                       42,537
<CGS>                                                 100,594
<TOTAL-COSTS>                                       1,432,920
<OTHER-EXPENSES>                                       66,399
<LOSS-PROVISION>                                            0
<INTEREST-EXPENSE>                                     14,940
<INCOME-PRETAX>                                    (1,471,722)
<INCOME-TAX>                                              800
<INCOME-CONTINUING>                                         0
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<EPS-BASIC>                                         8,801,109
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</TABLE>
I

103D CONGRESS

1ST SESSION H. R. 1803

To authorize contributions to United Nations peacekeeping activities.

IN THE HOUSE OF REPRESENTATIVES

APRIL 22, 1993

Mr. BERMAN introduced the following bill; which was referred to the

Committee on Foreign Affairs

A BILL

To authorize contributions to United Nations peacekeeping

activities.

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 ‘‘International Peace5 keeping Act of 1993’’.

6 SEC. 2. UNITED NATIONS PEACEKEEPING ACTIVITIES.

7 In addition to such amounts as are otherwise author8 ized to be appropriated for such purpose, there are author9 ized to be appropriated $307,000,000 for fiscal year 1993

10 for the Department of State for assessed and voluntary
2

•HR 1803 IH

1 contributions of the United States to United Nations

2 peacekeeping activities.

Æ
EXHIBIT 32.1
                                  ------------

                  CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350


In  connection  with  the  accompanying  Quarterly  Report  on  Form  10-QSB  of
NanoPierce  Technologies, Inc. for the quarter ended September 30, 2004, I, Paul
H.  Metzinger, President and Chief Executive Officer of NanoPierce Technologies,
Inc.,  hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section  906  of  the  Sarbanes-Oxley  Act  of  2002,  to  my  knowledge,  that:

     a)   such  Quarterly Report on Form 10-QSB of NanoPierce Technologies, Inc.
          for  the  quarter  ended  September  30, 2004, fully complies with the
          requirements  of section 13(a) or 15(d) of the Securities Exchange Act
          of  1934;  and

     b)   the  information  contained in such Quarterly Report on Form 10-QSB of
          NanoPierce  Technologies,  Inc.  for  the  quarter ended September 30,
          2004,  fairly  presents,  in  all  material  respects,  the  financial
          condition  and  results of operations of NanoPierce Technologies, Inc.




                                              /s/ Paul H. Metzinger
                                              ----------------------
                                              Paul H. Metzinger, Chief Executive
                                              Officer & President


Date:   November 12, 2004



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



<PAGE>
Exhibit 23.2

Consent of Stonefield Josephson, Inc., Independent Registered Public Accounting Firm

We
consent to the incorporation by reference in the Registration Statements on Form S-8 pertaining to the 2004 Stock Purchase Plan (No. 333-116405), and the 1996
Stock Incentive Plan (No.333-18601 and 333-114013) of HemaCare Corporation our report dated February 8, 2005, with respect to the consolidated financial statements of
HemaCare Corporation included in the Annual Report (Form10-K) for the year ended December 31, 2004.

|                                          | 
|----------------------------------------- | 
|/s/STONEFIELD JOSEPHSON, INC.             | 
|                                          | 
|Santa Monica, California
February 8, 2005 | 

---



QuickLinks
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<ARTICLE> 5
<CIK> 0000828413
<NAME> SANITARY ENVIRONMENTAL MONITORING LABS, INC.

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                             721
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                   721
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                     721
<CURRENT-LIABILITIES>                            41557
<BONDS>                                              0
<COMMON>                                         25538
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                       721
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              105234
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                         0
<EPS-BASIC>                                     (.0)
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</TABLE>
[Federal Register Volume 66, Number 30 (Tuesday, February 13, 2001)]
[Rules and Regulations]
[Page 9973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3636]


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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25


Application for Special Temporary Authorization; Correction

AGENCY: Federal Communications Commission.

ACTION: Correcting amendment.

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

SUMMARY: This document contains a correction to the final regulations 
redesignated and amended at 62 FR 5928, 5929, February 10, 1997. The 
regulations related to applications for special temporary 
authorizations contained in Sec. 25.120(a).

EFFECTIVE DATE: February 13, 2001.

FOR FURTHER INFORMATION CONTACT: Terry D. Johnson, (202) 418-0445 (not 
a toll-free call).

SUPPLEMENTARY INFORMATION:

Background

    The final regulations that are the subject of this correction 
prescribed the procedures one must follow to apply for special 
temporary authorization to install and/or operate new or modified 
equipment for earth stations.

Need for Correction

    As published, Sec. 25.120(a) contains an incomplete mailing address 
which could delay receipt and processing of requests for special 
temporary authorizations.

List of Subjects in 47 CFR Part 25

    Administrative practice and procedure, Communications common 
carriers, Radio, Telecommunications, Television.

PART 25--SATELLITE COMMUNICATIONS

    Accordingly, 47 CFR part 25 is corrected by making the following 
correcting amendment:
    1. The authority citation for part 25 continues to read as follows:

    Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309 
and 325(e).


Sec. 25.120 Application for special temporary 
authorization.  [Corrected]

    2. In Sec. 25.120 revise the last sentence in paragraph (a) to read 
as follows:
    (a) * * * A copy of the request for special temporary authority 
also shall be forwarded to the Commission's Columbia Operations Center, 
9200 Farm House Lane, Columbia, MD 21046-1609.
* * * * *

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 01-3636 Filed 2-12-01; 8:45 am]
BILLING CODE 6712-01-U
106 A.3d 485

#### IN THE MATTER OF HUGO L. MORAS, AN ATTORNEY AT LAW (ATTORNEY NO. 002111975).

February 2, 2015.

ORDER

The Disciplinary Review Board having filed with the Court its decision in DRB 14-136 and DRB 14-137, concluding on the record certified to the Board pursuant to *Rule*l:20^(f) (default by respondent) that HUGO L. MORAS, formerly of SOUTH ORANGE, who was admitted to the bar of this State in 1975, and who has been suspended from the practice of law since March 13, 2013, should be suspended from the practice of law for a period of one year for violating *RPC*1.1(a) (gross neglect), *RPC*1.3 (lack of diligence), *RPC*3.3(a)(1) (false statement of material fact to a tribunal), and *RPC*8.1(b) (failure to cooperate with disciplinary authorities), and good cause appearing;

It is ORDERED that HUGO L. MORAS is suspended from the practice of law for a period of one year and until the further Order of the Court, effective immediately; and it is further

ORDERED that respondent comply with *Rule*1:20-20 dealing with suspended attorneys; and it is further

ORDERED that pursuant to *Rule*l:20-20(c), respondent’s failure to comply with the Affidavit of Compliance requirement of *Rule*l:20-20(b)(15) may (1) preclude the Disciplinary Review Board from considering respondent’s petition for reinstatement for a period of up to six months from the date respondent files proof of compliance; (2) be found to constitute a violation of *RPC*8.1(b) and *RPC*8.4(c); and (3) provide a basis for an action for contempt pursuant to *Rule*1:10-2; and it is further

ORDERED that the entire record of this matter be made a permanent part of respondent’s file as an attorney at law of this State; and it is further

*352ORDERED that respondent reimburse the Disciplinary Oversight Committee for appropriate administrative costs and actual expenses incurred in the prosecution of this matter, as provided in *Rule*1:20-17.
Order entered September 13, 2021

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-21-00428-CV

MARCUS JARROD PAYNE, Appellant

V.

STACY ELEY (PAYNE), Appellee

On Appeal from the 303rd Judicial District Court

Dallas County, Texas

Trial Court Cause No. DF-20-00663

ORDER

Before the Court is court reporter Donna Kindle’s September 7, 2021 

request for an extension of time to file the reporter’s record. We GRANT the 

request and ORDER the reporter’s record filed by October 11, 2021.

/s/ ROBERT D. BURNS, III

CHIEF JUSTICE
Exhibit 32







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 of Patriot Investment Corporation a Nevada corporation (the Company), on Form 10-KSB for the annual period ending December 31, 2004 as filed with the Securities and Exchange Commission (the Report), I, Bradley S. Shepherd, Chief Executive Officer and Chief Financial Officer of the Company, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 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 (15 U.S.C. 78m or 78o(d)); 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/ Bradley S. Shepherd

Date: March 21, 2005

Bradley S. Shepherd

Chief Executive Officer and

Chief Financial Officer
CASE ANNOUNCEMENTS

*June 26, 2014*

[Cite as *06/26/2014 Case Announcements,*2014-Ohio-2756.]

MOTION AND PROCEDURAL RULINGS

#### In re Johnson.

On February 6, 2014, this court found Cinseree Johnson to be a vexatious litigator under S.Ct.Prac.R. 4.03(B). This court further ordered that Johnson was prohibited from continuing or instituting legal proceedings in the court without obtaining leave. On June 19, 2014, Johnson presented a motion for leave to file an affidavit of disqualification.

It is ordered by the court that the motion for leave to file is denied.