alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. Gerardo SALAS-LOPEZ, Defendant-Appellant.

No. 04-41425.

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Decided Feb. 23, 2006.

*633James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Southern District Of Texas, Houston, TX, Mark Michael Dowd, U.S. Attorney’s Office, Southern District of Texas, Brownsville, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Philip G. Gallagher, Federal Public Defender’s Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before GARZA, DENNIS, and PRADO, Circuit Judges.

PER CURIAM: *

Gerardo Salas-Lopez (Salas) appeals his sentence for being present in the United States after having been deported. Salas argues for the first time on appeal that the district court erred in imposing a sentence under a mandatory guidelines regime, in violation of *United States v. Booker,*543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). He also argues that the “felony” and “aggravated felony” provisions of 8 U.S.C. § 1326(b) are unconstitutional.

We review Salas’s Booker-based challenge for plain error. *See United States v. Valenzuela-Quevedo,*407 F.3d 728, 732 (5th. Cir.), *cert. denied,*— U.S. -, 126 S.Ct. 267, 163 L.Ed.2d 240 (2005). Salas has failed to establish that the error affected his substantial rights. *See United States v. Martinez-Lugo,*411 F.3d 597, 600-01 (5th Cir.), *cert. denied,*— U.S. -, 126 S.Ct. 464, 163 L.Ed.2d 352 (2005); *United States v. Bringier,*405 F.3d 310, 317 n. 4 (5th Cir.), *cert. denied,*— U.S.-, 126 S.Ct. 264, 163 L.Ed.2d 238 (2005). Therefore, he cannot demonstrate plain error.

Salas’s constitutional challenge to 8 U.S.C. § 1326 is foreclosed by *Almendarez-Torres v. United States,*523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). Although Salas contends that *Almendarez-Torres*was incorrectly decided and that a majority of the Supreme Court would overrule *Almendarez-Torres*in light of *Apprendi v. New Jersey,*530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), we have repeatedly rejected such arguments on the basis that *Almendarez*
      *634
      *Torres*remains binding. *See United States v. Garza-Lopez,*410 F.3d 268, 276 (5th Cir.), *cert. denied,*— U.S.-, 126 S.Ct. 298, 163 L.Ed.2d 260 (2005). Salas properly concedes that his argument is foreclosed in light of *Almendarez-Torres*and circuit precedent, but he raises it here to preserve it for further review.

The judgment of the district court is thus AFFIRMED.

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.
Taylor Bloom

Front Door Photos 4717 West Terry Circle Holland, Michigan 49424 616 - 283 - 9294 Taylor@frontdoorphotos.net 

# Consent Form Front Door Photo request your permission to use a drone to photograph your property at ___________________________________

__________________ on (date) _______________ Property O wner S ignature:

________________________________
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5459 Enrolled Bill (ENR)]

        H.R.5459

                     One Hundred Sixteenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Friday,
            the third day of January, two thousand and twenty

                                 An Act

 
 To authorize the Secretary of the Interior to correct a land ownership 
error within the boundary of Rocky Mountain National Park, 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. SHORT TITLE.
    This Act may be cited as the ``Rocky Mountain National Park 
Ownership Correction Act''.
SEC. 2. DEFINITIONS.
    In this Act:
        (1) Federal land.--The term ``Federal land'' means the 
    approximately 0.18 acres of land depicted as ``TR04-168-1'' on the 
    map.
        (2) Map.--The term ``map'' means the map entitled ``Rocky 
    Mountain National Park Proposed Forsyth Family Land Exchange'', 
    numbered 121/154,326, and dated June 2019.
        (3) Non-federal land.--The term ``non-Federal land'' means the 
    approximately 0.18 acres of land depicted as ``TR04-169'' on the 
    map.
        (4) Secretary.--The term ``Secretary'' means the Secretary of 
    the Interior.
SEC. 3. ROCKY MOUNTAIN NATIONAL PARK LAND EXCHANGE.
    (a) Authorization of Exchange.--To correct a longstanding land 
ownership error, if the owner of the non-Federal land offers to convey 
to the Secretary all right, title, and interest of the owner in and to 
the non-Federal land, the Secretary shall convey to the owner of the 
non-Federal land, subject to valid existing rights, all right, title, 
and interest of the United States in and to the Federal land.
    (b) Valuation.--The value of the Federal land and the non-Federal 
land to be exchanged under this Act shall be considered to be of equal 
value.
    (c) Administration.--The non-Federal land acquired by the Secretary 
under this section shall be administered by the Secretary as part of 
Rocky Mountain National Park.
    (d) Availability of Map.--The map shall be on file and available 
for inspection in the appropriate offices of the National Park Service.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
No. 15,884.

#### Uhl *v.*McEndaffer, et al.

(194 P. [2d] 908)

Decided June 7, 1948.

Mr. Raymond M. Sandhouse, for plaintiff in error.

Messrs. Munson & Kreager, for defendants in error.

Per Curiam.

Judgment affirmed en banc without written opinion.
### §2419. Administration

The Trade Representative shall—

(1) issue regulations concerning the filing of petitions and the conduct of investigations and hearings under this subchapter,

(2) keep the petitioner regularly informed of all determinations and developments regarding the investigation conducted with respect to the petition under this subchapter, including the reasons for any undue delays, and

(3) submit a report to the House of Representatives and the Senate semiannually describing—

(A) the petitions filed and the determinations made (and reasons therefor) under section 2412 of this title,

(B) developments in, and the current status of, each investigation or proceeding under this subchapter,

(C) the actions taken, or the reasons for no action, by the Trade Representative under section 2411 of this title with respect to investigations conducted under this subchapter, and

(D) the commercial effects of actions taken under section 2411 of this title.

(Pub. L. 93–618, title III, §309, as added Pub. L. 100–418, title I, §1301(a), Aug. 23, 1988, 102 Stat. 1175.)

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

#### Effective Date

Section applicable to petitions filed, and investigations initiated, under section 2412 of this title on or after Aug. 23, 1988, and petitions filed, and investigations initiated, before Aug. 23, 1988, if by such date no decision had been made under section 2414 of this title regarding the petition or investigation, see section 1301(c) of Pub. L. 100–418, set out as an Effective Date of 1988 Amendment note under section 2411 of this title.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

DAY ELEV

 220.67

 220.59

 218.75

 219.59

 218.98

 220.06

 219.38

 219.65

 220.57

 221.04

 221.29

 220.96

 220.33

 220.35

 220.68

 220.95

 221.39

 221.17

 221.59

 221.55

 221.25

 221.60

 221.14

 221.04

 220.60

 220.39

 219.95

 220.21

 44,897

 44,688

 39,951

 42,093

 40,533

 43,308

 41,554

 42,248

 44,635

 45,865

 46,521

 45,656

 44,009

 44,062

 44,923

 45,629

 46,784

 46,206

 47,309

 47,204

 46,416

 47,336

 46,128

 45,865

 44,714

 44,166

 43,023

 43,697

STORAGE

-366

-209

-4,737

+2,142

-1,560

+2,775

-1,754

+694

+2,387

+1,230

+656

-865

-1,647

+53

+861

+706

+1,155

-578

+1,103

-105

-788

+920

-1,208

-263

-1,151

-548

-1,143

+674

CHANGE

3,114

2,918

3,055

3,084

3,229

3,517

3,790

3,657

3,524

3,597

3,472

2,812

2,701

2,682

2,537

2,255

1,973

2,104

2,690

3,063

3,251

2,665

2,449

2,759

2,679

2,890

3,088

2,848

PUMPING

 154

 657

 1,235

 798

 867

 824

 1,191

 410

 462

 567

 196

 413

 717

 718

 519

 515

 519

 1,311

 974

 696

 1,251

 447

 568

 355

 720

 816

 725

 474

PUMPING

 7,077

 6,107

 7,889

 5,244

 5,710

 4,342

 6,068

 5,011

 5,008

 5,841

 5,678

 5,165

 5,526

 4,114

 3,653

 3,650

 3,641

 3,631

 3,670

 5,733

 5,384

 4,988

 5,324

 5,298

 5,260

 5,224

 5,185

 5,150

PUMPING

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

GEN.

*

+140

+41

-150

+58

-588

+183

-152

-58

+133

-158

+95

-191

-21

+25

-73

-5

-15

+48

-170

+155

-37

-70

-36

-127

-99

+54

-285

-64

OR

UNITED STATES 

DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION

CENTRAL VALLEY PROJECT

CONSOLIDATED STATE-FEDERAL O'NEILL FOREBAY March 1, 2010

DAILY OPERATIONS

FEBRUARY 2010 RUN DATE:

IN LAKE GEN.

ACRE-FEET O'NEILL

RELEASE - C.F.S. 

TOTALS -1,566 82,403 0 144,571 19,099 -1,367

ACRE-FEET -1,566 163,446 0 286,757 37,883

SUMMARY

 0

RELEASE (ACRE-FEET)

O'NEILL GEN. 0

SAN LUIS PUMP 286,757 0

 45,263

DOS AMIGOS PUMP 37,883

DELIVERIES 

S. LUIS O'NEILL

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

CALIF. DOS AMIGOS

AQUEDUCT

3,793

3,700

3,831

3,979

3,150

2,866

2,737

2,172

3,017

3,589

2,638

2,521

2,733

2,152

2,142

2,271

2,785

2,498

2,681

3,158

3,024

3,304

2,869

2,888

2,820

2,820

2,530

3,179

 81,847

 162,344

S. LUIS

DELIV.

GAINS(+)

LOSS(-)

C.F.S.

INFLOW - C.F.S

STATE OF CALIFORNIA

THE RESOURCES AGENCY

DEPARTMENT OF WATER RESOURCES

STATE WATER PROJECT

TOTAL 324,640

-2,711

* DAILY DEL. FIGURES UNAVAILABLE. TOT. DEL. IS INCLUDED IN COMPUTING MONTHLY TOTALS
###### Editorial Note on Part 44

#### Editorial Note:

Nomenclature changes to part 44 appear by T.D. ATF-464, 66 FR 43480, Aug. 20, 2001, and T.D. ATF-480, 67 FR 30801-30803, May 8, 2002.

#### § 44.256 Preparation.

For each shipment to be withdrawn under this subpart, the customs warehouse proprietor shall prepare a notice of removal, Form 5200.14. Each such notice shall be given a serial number by the proprietor in a series beginning with number 1, with respect to the first shipment withdrawn under this subpart and commencing again with number 1 on January 1 of each year thereafter.

[25 FR 4725, May 28, 1960. Redesignated at 40 FR 16835, Apr. 15, 1975, as amended by T.D. ATF-421, 64 FR 71926, Dec. 22, 1999]
###### Editorial Note on Part 479

#### Editorial Note:

Nomenclature changes to part 479 appear by T.D. ATF-487, 68 FR 3752, Jan. 24, 2003.

#### § 479.44 Change in partnership or unincorporated association.

When one or more members withdraw from a partnership or an unincorporated association, the remaining member, or members, may, without incurring additional special (occupational) tax liability, carry on the same business at the same location for the balance of the taxable period for which special (occupational) tax was paid, provided any such change shall be registered in the same manner as required by § 479.42. Where new member(s) are taken into a partnership or an unincorporated association, the new firm so constituted may not carry on business under the special tax stamp of the old firm. The new firm must file a return, pay the special (occupational) tax and register in the same manner as a person who first engages in business is required to do under § 479.34 even though the name of the new firm may be the same as that of the old. Where the members of a partnership or an unincorporated association, which has paid special (occupational) tax, form a corporation to continue the business, a new special tax stamp must be taken out in the name of the corporation.
EXHIBIT 31.2  SECTION 302 PRINCIPAL FINANCIAL AND ACCOUNTING OFFICER CERTIFICATION RULE 13A-14(A)/15D-14(A) CERTIFICATIONS  I, Swen Mortenson, the Treasurer (Principal Financial and Accounting Officer), Secretary and Director of Prestige Capital Corporation, certify that:  1. I have reviewed this Annual Report on Form 10-KSB of Prestige Capital Corporation (the registrant)  2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;  3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;  4. The registrants other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:  a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;  b) (omitted in accordance with SEC Release Nos. 33-8238 and 34-47986);  c) Evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and d)  Disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter that has materially affected, or is reasonable likely to materially affect, the registrants internal control over financial reporting; and  5. The registrants other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of registrants board of directors (or persons performing the equivalent function):  a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonable likely to adversely affect the registrants ability to record, process, summarize and report financial information; and  b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal control over financial reporting.  Dated: 8/9/2007 /s/ Swen Mortenson Swen Mortenson Treasurer (Principal Financial and Accounting Officer) Secretary and Director
§ 10.505 What actions must the employer take? Upon authorizing medical care, the employer should advise the employee in writing as soon as possible of his or her obligation to return to work under § 10.210 and as defined in this subpart. The term “return to work” as used in this subpart is not limited to returning to work at the employee's normal worksite or usual position, but may include returning to work at other locations and in other positions. In general, the employer should make all reasonable efforts to place the employee in his or her former or an equivalent position, in accordance with 5 U.S.C. 8151(b)(2), if the employee has fully recovered after one year. The Office of Personnel Management (not OWCP) administers this provision. ( a ) Where the employer has specific alternative positions available for partially disabled employees, the employer should advise the employee in writing of the specific duties and physical requirements of those positions.
( b ) Where the employer has no specific alternative positions available for an employee who can perform restricted or limited duties, the employer should advise the employee of any accommodations the agency can make to accommodate the employee's limitations due to the injury.
#### In the Matter of the Claim of Nicola Nelson, Respondent, against Meseck Towing Lines, Respondent, and Glens Falls Indemnity Company, Appellant. State Industrial Board, Respondent.

All concur.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

DAY ELEV

 222.25

 222.41

 222.60

 222.52

 223.02

 221.52

 220.85

 221.35

 222.38

 223.75

 223.37

 222.90

 222.15

 221.56

 221.86

 222.00

 223.49

 223.37

 222.69

 223.25

 221.98

 222.35

 223.32

 224.19

 223.41

 222.72

 221.82

 221.42

 220.91

 217.80

 49,049

 49,474

 49,980

 49,767

 51,100

 47,125

 45,368

 46,679

 49,394

 53,054

 52,035

 50,779

 48,783

 47,230

 48,019

 48,385

 52,357

 52,035

 50,219

 51,714

 48,334

 49,314

 51,901

 54,239

 52,142

 50,299

 47,914

 46,863

 45,525

 37,578

STORAGE

+1,556

+425

+506

-213

+1,333

-3,975

-1,757

+1,311

+2,715

+3,660

-1,019

-1,256

-1,996

-1,553

+789

+366

+3,972

-322

-1,816

+1,495

-3,380

+980

+2,587

+2,338

-2,097

-1,843

-2,385

-1,051

-1,338

-7,947

CHANGE

3,010

3,040

2,972

2,915

2,805

2,740

2,964

3,026

3,299

3,343

3,287

3,243

3,230

3,221

3,064

3,006

3,132

3,172

3,380

3,534

3,730

3,941

4,023

3,846

3,962

4,000

3,790

3,708

3,567

3,594

PUMPING

 4,118

 4,768

 3,822

 3,876

 4,015

 3,947

 4,641

 3,991

 4,592

 4,390

 4,524

 4,364

 4,542

 4,257

 4,489

 3,870

 3,680

 4,080

 4,238

 4,249

 4,236

 4,206

 4,012

 4,017

 4,267

 4,108

 3,947

 3,864

 3,612

 3,220

PUMPING

 2,873

 2,873

 3,952

 3,591

 3,414

 2,184

 5,665

 3,233

 1,838

 2,206

 4,310

 4,663

 4,175

 4,352

 2,149

 2,685

 1,975

 4,050

 3,036

 3,449

 5,968

 3,461

 4,085

 4,511

 6,384

 6,346

 6,311

 6,274

 6,248

 10,056

PUMPING

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

GEN.

*

+21

+163

+169

+123

+254

+38

+212

+179

+112

+250

+136

+165

-33

+63

+225

+5

+217

+133

+59

+241

+459

+77

+197

+153

+138

+114

+227

+223

+151

+270

OR

UNITED STATES 

DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION

CENTRAL VALLEY PROJECT

CONSOLIDATED STATE-FEDERAL O'NEILL FOREBAY December 1, 2010

DAILY OPERATIONS

NOVEMBER 2010 RUN DATE:

IN LAKE GEN.

ACRE-FEET O'NEILL

RELEASE - C.F.S. 

TOTALS -9,915 100,544 0 126,317 123,942 +4,741

ACRE-FEET -9,915 199,429 0 250,550 245,839

SUMMARY

 0

RELEASE (ACRE-FEET)

O'NEILL GEN. 0

SAN LUIS PUMP 250,550 0

 47,493

DOS AMIGOS PUMP 245,839

DELIVERIES 

S. LUIS O'NEILL

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

CALIF. DOS AMIGOS

AQUEDUCT

4,746

4,652

4,888

4,322

5,043

1,349

6,244

4,680

4,388

4,849

4,897

4,986

4,514

4,541

3,747

3,728

4,308

4,663

2,919

4,677

4,311

4,143

5,181

5,708

5,493

5,411

5,038

5,678

5,467

5,405

 139,976

 277,642

S. LUIS

DELIV.

GAINS(+)

LOSS(-)

C.F.S.

INFLOW - C.F.S

STATE OF CALIFORNIA

THE RESOURCES AGENCY

DEPARTMENT OF WATER RESOURCES

STATE WATER PROJECT

TOTAL 496,389

 9,404

* DAILY DEL. FIGURES UNAVAILABLE. TOT. DEL. IS INCLUDED IN COMPUTING MONTHLY TOTALS
(21)  Subsidiaries of the Company

      21.1    Canadian-American Communications Inc.

      21.2    Canadian Northstar Transmission Systems Ltd.

      21.3    Preferred Telemanagement Inc. (formerly Suncom Telemanagement
              Inc.)

      21.4    CAM-NET Cellular Inc. (formerly Direct Advantage, Inc. and
              Invoice Reduction Services, Inc.)

      21.5    NorthNet Telecommunications Inc. (d.b.a. NorthStar Telesolutions)

      21.6    eCommerce Solutions Inc. (d.b.a. VirtualSellers.com)
(March 22, 1948.)

#### Morris Gerstein, Respondent, *v.*Hyman Teitelbaum et al., Appellants.

*Per Curiam.*

Though it is claimed that the partnership was terminable at will, plaintiff does not allege that the partnership was dissolved at his election. The bringing of an action for dissolution of a partnership and for an accounting does not constitute an election on the part of plaintiff to exercise his right to dissolve the partnership notwithstanding that he had such right to dissolve. There must be a notice of election to terminate or a mutual agreement. *(Brady*v. *Powers,*112 App. Div. 845, 850, mod. 188 N. Y. 626; *Klenoff*v. *Goodstein,*268 App. Div. 510, 511.)

The action brought by plaintiff is one based on the present existence of the partnership. It is not an action for an accounting based on a dissolution. It is an action for a dissolution and an accounting incidental to such dissolution.

Summary judgment may not be granted to plaintiff in a suit to dissolve a partnership (Rules Civ. Prae., rule 113).

We think, too, that the appointment of receivers *pendente lite*is unnecessary in the circumstances of this case. A speedy trial of the action may be had at which all the differences between the parties may be adjudicated.

The order accordingly should be reversed, without costs, the motion for summary judgment denied and the appointment of receivers vacated.

Peck, P. J., Glennon, Dore, Cohn and Callahan, JJ;, concur.

Order unanimously reversed, without costs, the motion for summary judgment denied and the appointment of receivers vacated. Settle order on notice.
Converted by EDGARwiz


Lease Agreement




This lease agreement is between RCH Reality (the “Landlord”) and Vodka Brands Corp (the “Tenant”), a Pennsylvania corporation and made on April 20, 2015.




The Landlord grants the right to the tenant to occupy one area of the office, situated at 554 33rd St., Pittsburgh, PA 15201 (the “Premises”) on a month to month basis for a term of one year.




The area of the office that the tenant can occupy is the outer office and open space area immediately adjacent to the main office. It comprises up to 400 sq. ft.  The Tenant shall have use of the conference room as needed.




Rent shall include all utilities.




The desk and other office equipment remains the property of the Landlord and the Tenant is responsible for replacing any damaged equipment with a like for like replacement.




Tenant shall not be required to pay a deposit but shall reimburse the Landlord for any damage of the Premises.




Tenant and Landlord must give one another 30 days notice to terminate this lease.




The Tenant shall pay the Landlord the sum of 10,000 shares of common stock for each year of occupancy.




Upon termination of this agreement, Tenant shall immediately vacate and leave the premises in good and rentable condition.




RDH Reality




By: /s/ Rick Hvizdak,

       Rick Hvizdak, Landlord







Vodka Brands Corp




By:/s/ Mark Lucero

       Mark Lucero, Tenant