alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 09-50834

UNITED STATES OF AMERICA,

Plaintiff - Appellee

v.

JESUS MARRUFO, also known as Jesus Duran Marrufo, also known as Jesus

Marrufo-Duran,

Defendant - Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 3:09-cr-181-1

Before HIGGINBOTHAM, DAVIS, and BENAVIDES, Circuit Judges.

PER CURIAM:

*

Jesus Marrufo appeals his conviction for failing to comply with the Sex

Offender Registration and Notification Act (SORNA), a violation of 18 U.S.C.

1

§ 2250(a). Four issues remain, each of which is foreclosed by court precedent.

First, Marrufo makes what he is calling a sufficiency of the evidence claim.

The parties agree that the government had to prove that Marrufo (1) was

United States Court of Appeals

Fifth Circuit

F I L E D

June 15, 2010

Lyle W. Cayce

Clerk

 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.

See 42 U.S.C. § 16913. 1

Case: 09-50834 Document: 00511142305 Page: 1 Date Filed: 06/15/2010
No. 09-50834

required to register under SORNA, (2) traveled in interstate or foreign

commerce, and (3) “knowingly fail[ed] to register or update a registration as

required by [SORNA].” Marrufo focuses on the third prong, urging conviction

2

requires proof the defendant “knew” the specific SORNA requirements. We have

consistently rejected this type of argument, commenting that “ignorance of the

law is not a defense” and “‘SORNA’s criminal provision is not a specific intent

law.’”

3

Second, Marrufo suggests that his conviction violates due process because

Texas has not yet implemented SORNA’s provisions. This court has already

rejected that line of attack. Third, Marrufo argues that, with SORNA, Congress

4

exceeded its authority under the Commerce Clause. The defendant concedes this

argument is foreclosed by United States v. Whaley. Last, Marrufo urges that

5

SORNA violates his due process rights for not giving sex offenders notice of its

registration requirements, but concedes that Whaley also forecloses this

argument. AFFIRMED.

6

 See 18 U.S.C. § 2250(a). 2

United States v. Whaley, 577 F.3d 254, 262 n.6 (5th Cir. 2009) (quoting United States 3

v. Gould, 568 F.3d 459, 468 (4th Cir. 2009)); see also United States v. Contreras, 2010 WL

2332073, at *1, 2010 U.S. App. LEXIS 11552, at *2–*3 (5th Cir. June 7, 2010) (unpublished);

United States v. McBroom, 2010 U.S. App. LEXIS 11113, at *2–*3 (5th Cir. June 1, 2010)

(unpublished); United States v. Knezek, 2010 WL 1655321, at *1, 2010 U.S. App. LEXIS 8585,

at *1–*3 (5th Cir. Apr. 26, 2010) (unpublished); United States v. Puente, 348 F. App’x 76, 77

(5th Cir. 2009) (unpublished).

See United States v. Heth, 596 F.3d 255, 258–60 (5th Cir. 2010). “Texas . . . had a sex

4

offender registry in which [defendant] could have registered, as was required of him.” Id. at

259.

 577 F.3d at 258–61. 5

Id. at 261–62. 6

2

Case: 09-50834 Document: 00511142305 Page: 2 Date Filed: 06/15/2010
#### Walker *v.*Norris.

May 11, 1910.

Quo warranto; from Johnson superior court. Before Judge Rawlings.

November 11, 1909.

*Hines & Jordan,*for plaintiff in error.

*William Faircloth*and *F. L. Stephens,*contra.

Per Curiam.

According to the ruling made in *Western & Atlantic Railroad Co.*v. *State,*69 *Ga.*524, which was followed in *Sayer*v. *Harding,*118 *Ga.*642 (45 S. E. 418), a judgment overruling a demurrer to an application for the writ of quo warranto is not a final disposition of the case, from which a bill of exceptions can be taken directly to this court.

2. Under the rulings made in the cases above cited, the bill of exceptions in the present casé was prematurely sued' out, and therefore the writ of error must be dismissed; but inasmuch as such rulings seem to constitute an exception to the general practice that a bill of exceptions will lie in a ease “when the decision or judgment complained of, if it had been rendered as claimed by the plaintiff in error, would have been a final disposition of the cause,” leave is granted, on motion of counsel for the plaintiff in error, to have the official copy of the bill of exceptions, of file in the office of the clerk of the superior court, recorded there as an exception pendente lite.

*Writ of error dismissed with direction.*

*/All the Justices concur.*
07-10-2013 

Folks in Room W12-140 

I request an extension of my Exemption No. 7930D from 14 CFR (FAR 

Section) Part 91 109 (a)-- Doc.ket number FAA-2002-13712 .. 

I continue to provide an experienced safe training environment in the throw 

over control wheel Beechcraft models 33, 35, and 36. 

Sincerely, Kerrick R. Philleo, certificate number 1573855CFII 

~----------------------~-~~---------------------- Date: 07/01/2013 

Exemption No: 79300 from 14 CFR (FAR Section)-

Part: 91.109 (a) 

will expire on 12/31/2013. If appropriate, please submit 

your request to extend this exemption (including the 

docket number FAA-2002-13712) within 30 days of 

the date of this notice. Otherwise, the FAA may not be 

able to process your request for extension before the 

expiration date. You may either submit your request 

electronically through the internet using the Docket 

Management System web site at: 

http://Regulations.gov/ or mail your request to: 

U.S. Department of Transportation 

Docket Operations, M-30 

West Building ground floor, 

Room W12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Submission to other locations may delay processing. 

Any request for extension must meet the 

requirements of 14 CFR part 11. If you have already 

requested an extension for this exemption or no longer 

need this exemption, please ignore this notice. 

016H265.22091
CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,

AS ENACTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



Aurizon Mines Ltd. (the Company) is filing with the Securities and Exchange Commission on the date hereof, an amendment to its annual report on Form 40-F for the fiscal year ended December 31, 2008 (the Report).

I, David P. Hall, Chairman, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. section 1350, as enacted pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that:

(i)

the Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

(ii)

the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



/s/ David P. Hall_________________________
David P. Hall
Chairman, President and Chief Executive Officer

April 8, 2009



A signed original of this written statement required by Section 906 has been provided to Aurizon Mines Ltd. and will be retained by Aurizon Mines Ltd. and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 13.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER
PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



I, Jean-Jacques Gauthier, Chief Financial Officer of Lafarge, a société anonyme organized under French law, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual Report of Lafarge on Form 20-F for the fiscal year ended December 31, 2006, as filed with the Securities and Exchange Commission on the date hereof, to my knowledge, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and the information contained in such Annual Report on Form 20-F fairly presents, in all material respects, the financial condition and results of operations of Lafarge as of the dates and for the periods set forth therein.:

|Date:
        March 23, 2007 |                                               
|---------------------------- | ----------------------------------------------
|                             | /s/
         Jean-Jacques Gauthier            
|                             | Jean-Jacques
        Gauthier                 
|                             | Group
        Executive Vice President Finance



A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to Lafarge and will be retained by Lafarge and furnished to the Securities and Exchange Commission or its staff upon request.
SAMHSA Fiscal Year 2017 –

Non-Competing Continuation Standard Terms and Reporting Requirements 

Terms/ 

Reports

Name Language

1 Standard 

Remark 

NonCompeting 

Awards

This Notice of Award (NoA) is issued to inform your organization that the application 

submitted through the (FULL PROGRAM NAME AND ACRONYM) is being continued. 

The (INSERT ACRONYM) Program, as authorized by the (CITE ACT/STATUTE and PUBLIC 

LAW).

2 Standard 

Reporting 

Requirement 

Annual 

Federal 

Financial 

Report (FFR)

The Federal Financial Report (FFR) (SF-425) is required on an annual basis and must be 

submitted no later than 90 days after the end of the budget period. The annual FFR 

should reflect only cumulative actual federal funds authorized and disbursed, any nonfederal matching funds (if identified in the FOA), unliquidated obligations incurred, the 

unobligated balance of the federal funds for the award, as well as program income 

generated during the timeframe covered by the report. The SF-425 is available at 

(http://apply07.grants.gov/apply/forms/sample/SF425-V1.0.pdf). Additional guidance 

to complete the FFR can be found: http://www.samhsa.gov/grants/grantsmanagement/reporting-requirements.

Annual FFRs must be submitted to the applicable email:

CMHS Grants (e.g., SM-12345-01): CMHSFFR@samhsa.hhs.gov

CSAT Grants (e.g., TI-12345-01): CSATFFR@samhsa.hhs.gov

CSAP Grants (e.g., SP-12345-01): CSAPFFR@samhsa.hhs.gov

3 Standard 

Reporting 

Requirement

Performance 

Progress 

Reports

The recipient must submit Programmatic Reports (annual, semi-annual or quarterly) 

no later than the dates (i.e., January 1, 2017, January 1, 2018, etc.) as follows: 

1st Report – [date]; 2nd Report – [date]; 3rd Report - [date]; 4th Report - [date]

[Date] Please submit your Programmatic (annual, semi-annual or quarterly) Report to 

your Program Official.

Note: Recipients must also comply with the GPRA requirements that include the 

collection and periodic reporting of performance data as specified in the FOA or by the 

Program Official. This information is needed in order to comply with PL 102-62 which 

requires that SAMHSA report evaluation data to ensure the effectiveness and 

efficiency of its programs. Please contact your Program Official for additional 

submission information.

4 Standard 

Terms

Reference 

2017 Award 

Standard 

Terms and 

Conditions

https://www.samhsa.gov/grants/grants-management/notice-award-noa/standardterms-conditions

Text in red will be filled in with the award specific information on the Notice of Award
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<ARTICLE> CT
<CIK> 0000853566
<NAME> BOSTON CAPITAL TAX CREDIT FUND II, LP
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          MAR-31-1997
<PERIOD-START>                             APR-01-1996
<PERIOD-END>                               MAR-31-1997
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</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS  EXHIBIT  CONTAINS  SUMMARY  FINANCIAL   INFORMATION   EXTRACTED  FROM  THE
REGISTRANT'S  FINANCIAL  STATEMENTS FOR THE NINE MONTHS ENDED JUNE 30, 2000, AND
IS QUALIFIED IN ITS ENTIRETY BY  REFERENCE TO SUCH  FINANCIAL  STATEMENTS.  THIS
EXHIBIT  SHALL NOT BE DEEMED FILED FOR PURPOSES OF SECTION 11 OF THE  SECURITIES
ACT OF 1933 AND SECTION 18 OF THE SECURITIES  EXCHANGE ACT OF 1934, OR OTHERWISE
SUBJECT TO THE LIABILITY OF SUCH SECTIONS,  NOR SHALL IT BE DEEMED A PART OF ANY
OTHER  FILING WHICH  INCORPORATES  THIS REPORT BY  REFERENCE,  UNLESS SUCH OTHER
FILING EXPRESSLY INCORPORATES THIS EXHIBIT BY REFERENCE.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          SEP-30-2000
<PERIOD-START>                             OCT-01-1999
<PERIOD-END>                               JUN-30-2000
<CASH>                                           5,571
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                    149,239
<CURRENT-ASSETS>                               249,216
<PP&E>                                         120,138
<DEPRECIATION>                                  19,265
<TOTAL-ASSETS>                                 508,411
<CURRENT-LIABILITIES>                        1,065,777
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         9,490
<OTHER-SE>                                   3,429,337
<TOTAL-LIABILITY-AND-EQUITY>                   508,411
<SALES>                                          1,123
<TOTAL-REVENUES>                                 1,123
<CGS>                                            4,899
<TOTAL-COSTS>                                1,666,527
<OTHER-EXPENSES>                               318,100
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<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                            (1,988,403)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (1,988,403)
<DISCONTINUED>                               (374,977)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (2,363,380)
<EPS-BASIC>                                      (.21)
<EPS-DILUTED>                                    (.21)


</TABLE>
[Federal Register Volume 76, Number 47 (Thursday, March 10, 2011)]
[Notices]
[Pages 13207-13208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5676]


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

INTERNATIONAL TRADE COMMISSION

[USITC SE-11-006]


Government In the Sunshine Act Meeting Notice

AGENCY HOLDING THE MEETING: United States International Trade 
Commission.

TIME AND DATE: March 15, 2011 at 11 a.m.

PLACE: Room 110, 500 E Street, SW., Washington, DC 20436, Telephone: 
(202) 205-2000.

STATUS: Open to the public

MATTERS TO BE CONSIDERED:
    1. Agendas for future meetings: none
    2. Minutes
    3. Ratification List
    4. Vote in Inv. Nos. 731-TA-1063, 1064, and 1066-1068 
(Review)(Frozen Warmwater Shrimp from Brazil, China, India, Thailand, 
and Vietnam). The Commission is currently scheduled to transmit its 
determinations and Commissioners' opinions to the Secretary of Commerce 
on or before March 30, 2011.
    5. Outstanding action jackets:

[[Page 13208]]

    (1.) Document No. GC-10-281 concerning Inv. No. 337-TA-722 (Certain 
Automotive Vehicles and Designs Therefore).
    (2.) Document No. GC-11-011 concerning Inv. No. 337-TA-568 
(Remand)(Certain Products and Pharmaceutical Compositions Containing 
Recombinant Human Erythropoetin).
    (3.) Document No. GC-11-013 concerning Inv. No. 337-TA-587 
(Remand)(Certain Connecting Devices (``Quick Clamps'') for Use with 
Modular Compressed Air Conditioning Units, Including Filters, 
Regulators, and Lubricators (``FRL's'') That are Part of Larger 
Pneumatic Systems and the FRL Units They Connect).
    (4.) Document No. GC-11-045 concerning Inv. No. 1205-9 (Certain 
Festive Articles).
    In accordance with Commission policy, subject matter listed above, 
not disposed of at the scheduled meeting, may be carried over to the 
agenda of the following meeting. Earlier Notification of this meeting 
was not possible.

    By order of the Commission.

    Issued: March 7, 2011.
William R. Bishop,
Hearings and Meetings Coordinator.
[FR Doc. 2011-5676 Filed 3-8-11; 4:15 pm]
BILLING CODE 7020-02-P
No. 20,020.

#### John P. Hamm, et al. *v.*The Twin Lakes Reservoir and Canal Company, et al.

(373 P. [2d] 525)

Decided July 23, 1962.

Mr. Edwin A. Williams, for plaintiffs in error.

Messrs. Yegge, Hall and Shulenburg, Messrs. Thulemeyer & Stewart, for defendants in error.

*En Banc.*

Mr. Justice Sutton

delivered the opinion of the Court.

Plaintiffs in error seek to dismiss their writ of error *448without prejudice and with directions to the trial court for further proceedings subject to its discretionary powers under R.C.P. Rule 54 (b).

The reason for the request, which defendants in error object to, is because this court heretofore on April 12, 1962, did dismiss a companion action (No. 20,005) because no final judgment had been decreed therein.

Rule 54 (b) allows a trial court to direct entry of a final judgment upon one or more but less than all of the claims on certain conditions where more than one claim exists.

In the instant action the rights of these plaintiffs in error, which involve the asserted ownership of a ditch easement across certain lands involved in case No. 20,005, appear to be so inextricably interwoven with the general dispute between the parties in No. 20,005, that the trial court now deems it necessary to enable him to determine that action that this writ of error also be dismissed.

 Our rules and decisions discourage the piecemeal review of a cause. *Vandy’s, Inc., et al, v. Nelson, et al.,*130 Colo. 51, 273 P. (2d) 633 (1954). If the judgment is not final as to the parties in No. 20,005 and that controversy involves this writ of error which arose out of the same action in the trial court, then the rulings here complained of may, before No. 20,005 is finally determined in the trial court, be altered or withdrawn by the trial court before entering a final judgment and decree as to the entire controversy. See *Broadway Roofing and Supply, Inc., v. District Court of the Second Judicial District, et al.,*140 Colo. 154, 342 P. (2d) 1022 (1959). Thus until the action in the trial court has been decided as to all the parties there is no final judgment to which a writ of error will lie. *Berry v. Westknit Originals, Inc.,*145 Colo. 48, 357 P. (2d) 652 (1960). A final judgment can only enter when the trial court has nothing further to do to determine the rights of the parties involved in the suit *(Vandy’s,*supra) unless the *449judgment meets the requirements of Rule 54 (b) which this one does not.

The writ of error is dismissed.

Mr. Justice McWilliams not participating.
### §717q. Appointment of officers and employees

The Commission is authorized to appoint and fix the compensation of such officers, attorneys, examiners, and experts as may be necessary for carrying out its functions under this chapter; and the Commission may, subject to civil-service laws, appoint such other officers and employees as are necessary for carrying out such functions and fix their salaries in accordance with chapter 51 and subchapter III of chapter 53 of title 5.

(June 21, 1938, ch. 556, §18, 52 Stat. 831; Oct. 28, 1949, ch. 782, title XI, §1106(a), 63 Stat. 972.)

#### **Editorial Notes**

#### Codification

Provisions that authorized the Commission to appoint and fix the compensation of such officers, attorneys, examiners, and experts as may be necessary for carrying out its functions under this chapter "without regard to the provisions of other laws applicable to the employment and compensation of officers and employees of the United States" are omitted as obsolete and superseded.

As to the compensation of such personnel, sections 1202 and 1204 of the Classification Act of 1949, 63 Stat. 972, 973, repealed the Classification Act of 1923 and all other laws or parts of laws inconsistent with the 1949 Act. The Classification Act of 1949 was repealed by Pub. L. 89–554, Sept. 6, 1966, §8(a), 80 Stat. 632, and reenacted as chapter 51 and subchapter III of chapter 53 of Title 5, Government Organization and Employees. Section 5102 of Title 5 contains the applicability provisions of the 1949 Act, and section 5103 of Title 5 authorizes the Office of Personnel Management to determine the applicability to specific positions and employees.

Such appointments are now subject to the civil service laws unless specifically excepted by those laws or by laws enacted subsequent to Executive Order 8743, Apr. 23, 1941, issued by the President pursuant to the Act of Nov. 26, 1940, ch. 919, title I, §1, 54 Stat. 1211, which covered most excepted positions into the classified (competitive) civil service. The Order is set out as a note under section 3301 of Title 5.

"Chapter 51 and subchapter III of chapter 53 of title 5" substituted in text for "the Classification Act of 1949, as amended" on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5.

#### Amendments

1949—Act Oct. 28, 1949, substituted "Classification Act of 1949" for "Classification Act of 1923".

#### **Statutory Notes and Related Subsidiaries**

#### Repeals

Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, §8, 80 Stat. 632, 655.
§ 440.4 Wastewater from high volume hydraulic fracturing and related activities. ( a ) *Determination.* The Commission has determined that the discharge of wastewater from high volume hydraulic fracturing and HVHF-related activities poses significant, immediate and long-term risks to the development, conservation, utilization, management, and preservation of the Basin's water resources. Controlling future pollution by prohibiting such discharge is required to effectuate the Comprehensive Plan, avoid injury to the waters of the Basin as contemplated by the Comprehensive Plan, and protect the public health and preserve the waters of the Basin for uses in accordance with the Comprehensive Plan.
( b ) *Prohibition.* No person may discharge wastewater from high volume hydraulic fracturing or HVHF-related activities to waters or land within the Basin.
[88 FR 7007, Feb. 2, 2023]
#### § 367.11 Distribution of pay and expenses of employees.

The charges to property, operating expense and other accounts for services and expenses of employees engaged in activities chargeable to various accounts, such as construction, maintenance, and operations, must be based upon the actual time engaged in the respective classes of work, or an appropriate allocation method.