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

No. 05-20402.

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Decided Feb. 23, 2006.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Southern District of Texas, Houston, TX, for PlaintiffAppellee.

Marjorie A. Meyers, Federal Public Defender, H. Michael Sokolow, Federal Public Defender’s Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before GARZA, DENNIS, and PRADO, Circuit Judges.

PER CURIAM: *

Alfredo Gareia-Ariola appeals his sentence for illegal reentry into the United States after deportation following a conviction for an aggravated felony, in violation of 8 U.S.C. § 1326(a) and (b).

Gareia-Ariola challenges, for the first time on appeal, the constitutionality of *620§ 1326(b)’s treatment of prior felony and aggravated felony convictions as sentencing factors rather than elements of the offense that must be found by a jury in light of *Apprendi v. New Jersey,*530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Garcia-Ariola’s constitutional challenge is foreclosed by *Almendarez-Torres v. United States,*523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). Although Defendant contends that *Almendarez-Torres*was incorrectly decided and that a majority of the Supreme Court would overrule *Almendarez-Torres*in light of *Apprendi,*we have repeatedly rejected such arguments on the basis that *Almendarez-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). Garcia-Ariola 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. Garcia-Ariola’s sentence is affirmed.

Garcia-Ariola also argues, for the first time on appeal, that the district court erred by ordering him to cooperate in the collection of a DNA sample as a condition of his supervised release and that this condition should therefore be vacated. This claim is dismissed for lack of jurisdiction because it is not ripe for review. *See United States v. Riascos-Cuenu,*428 F.3d 1100, 1101-02 (5th Cir.2005), *petition for cert. filed*(Jan. 9, 2006) (No. 05-8662).

JUDGMENT AFFIRMED; APPEAL DISMISSED IN PART.

*

 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.
§ 6.88 Equipment and supplies. ( a ) *General.* The act by an industry member of selling equipment or supplies to a retailer does not constitute a means to induce within the meaning of section 105(b)(3) of the Act if the equipment or supplies are sold at a price not less than the cost to the industry member who initially purchased them, and if the price is collected within 30 days of the date of the sale. The act by an industry member of installing dispensing accessories at the retailer's establishment does not constitute a means to induce within the meaning of the Act as long as the retailer bears the cost of initial installation. The act by an industry member of furnishing, giving, or selling coil cleaning service to a retailer of distilled spirits, wine, or malt beverages does not constitute a means to induce within the meaning of section 105(b)(3) of the Act.
( b ) *Definition.* “Equipment and supplies” means glassware (or similar containers made of other material), dispensing accessories, carbon dioxide (and other gasses used in dispensing equipment) or ice. “Dispensing accessories” include items such as standards, faucets, cold plates, rods, vents, taps, tap standards, hoses, washers, couplings, gas gauges, vent tongues, shanks, and check valves.
[T.D. ATF-364, 60 FR 20423, Apr. 26, 1995]
```

[113th Congress Public Law 179]
[From the U.S. Government Publishing Office]

[[Page 128 STAT. 1913]]

Public Law 113-179
113th Congress

                                 An Act

 
To reaffirm that certain land has been taken into trust for the benefit 
  of the Match-E-Be-Nash-She-Wish Band of Pottawatami Indians, and for 
         other purposes. <<NOTE: Sept. 26, 2014 -  [S. 1603]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Gun Lake Trust 
Land Reaffirmation Act.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gun Lake Trust Land Reaffirmation 
Act''.
SEC. 2. REAFFIRMATION OF INDIAN TRUST LAND.

    (a) In General.--The land taken into trust by the United States for 
the benefit of the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians 
and described in the final Notice of Determination of the Department of 
the Interior (70 Fed. Reg. 25596 (May 13, 2005)) is reaffirmed as trust 
land, and the actions of the Secretary of the Interior in taking that 
land into trust are ratified and confirmed.
    (b) No Claims.--Notwithstanding any other provision of law, an 
action (including an action pending in a Federal court as of the date of 
enactment of this Act) relating to the land described in subsection (a) 
shall not be filed or maintained in a Federal court and shall be 
promptly dismissed.
    (c) Retention of Future Rights.--Nothing in this Act alters or 
diminishes the right of the Match-E-Be-Nash-She-Wish Band

[[Page 1914]]

of Pottawatomi Indians from seeking to have any additional land taken 
into trust by the United States for the benefit of the Band.

    Approved September 26, 2014.

LEGISLATIVE HISTORY--S. 1603:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 113-590 (Comm. on Natural Resources).
SENATE REPORTS: No. 113-194 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 160 (2014):
            June 19, considered and passed Senate.
            Sept. 15, 16, considered and passed House.

                                  <all>
```
**Final Listing of Questionnaire Files for Steam Electric Rulemaking Record**

**Plant ID 06403**  **Removed from Public**  **(Non-CBI) Docket**  **1 Copyright** 

**Flag 2**  **File Name 3**  **Description** 

### 06403\06403_Completeness_Checklist.xls EPA Completeness Review Checklist x 

### 06403\06403_PartA.xls Plant submitted survey file x 

### 06403\06403_PartE.xls Plant submitted survey file x 

### 06403\06403_PartH.xls Plant submitted survey file x 

### 06403\06403_PlantID_Checklist.xls EPA Technical Review Checklist Workbook



### 06403\Certification Statement Plant ID 06403.pdf Plant certification statement x 

### 06403\Supplemental Documents\06403_Figure 1.pdf Plant submitted supplemental files to the survey x 

### 06403\Supplemental Documents\06403_Figure 2.pdf Plant submitted supplemental files to the survey x 

### 06403\Supplemental Documents\06403_Figure 3.pdf Plant submitted supplemental files to the survey x 

### 06403\Supplemental Documents\06403_Figure 4).pdf Plant submitted supplemental files to the survey x 

### 06403\Supplemental Documents\06403_Figure 5.pdf Plant submitted supplemental files to the survey



### 06403\Supplemental Documents\06403_FINAL AEI Report.pdf Plant submitted supplemental files to the survey

1Final reviewed survey responses are located in the Steam Electric Technical Questionnaire Database

. 2Copyright documents are available from the docket. 3No hardcopy log is included for this plant as no hardcopy materials were received.
#### Julie F. Shipman v. Title Guarantee and Trust Company, as Successor Trustee, Julie F. Shipman, as Executrix of Edson Bradley, Deceased, and Percy F. Melville et al.

Present — Martin, P. J., Townley, Glennon, Dore and Cohn, JJ.; Glennon, J., taking no part.
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000732026
<NAME> TRIO-TECH INTERNATIONAL
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-27-1997
<PERIOD-END>                               DEC-27-1996
<CASH>                                             863
<SECURITIES>                                      5060
<RECEIVABLES>                                     4474
<ALLOWANCES>                                         0
<INVENTORY>                                       1779
<CURRENT-ASSETS>                                 12481
<PP&E>                                           16564
<DEPRECIATION>                                   12043
<TOTAL-ASSETS>                                   17285
<CURRENT-LIABILITIES>                             7057
<BONDS>                                              0
<COMMON>                                          5040
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                     17285
<SALES>                                          11035
<TOTAL-REVENUES>                                 11035
<CGS>                                             6814
<TOTAL-COSTS>                                     6814
<OTHER-EXPENSES>                                  3116
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  62
<INCOME-PRETAX>                                   1043
<INCOME-TAX>                                       672
<INCOME-CONTINUING>                                371
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       371
<EPS-PRIMARY>                                      .29
<EPS-DILUTED>                                      .29
        

</TABLE>
Editorial Note on Part 25
Editorial Note: Nomenclature changes to part 25 appear by T.D. ATF-437, 66 FR 5478, 5479, Jan. 19, 2001.

§ 25.62 Data for notice. ( a ) *Required information.* The brewer shall prepare the notice on Form 5130.10 and shall include the following information: ( 1 ) Serial number.
( 2 ) Purpose for which filed.
( 3 ) Name and principal business address of the brewer and the location of the brewery if different from the business address.
( 4 ) Statement of the type of business organization and of the persons interested in the business, supported by the information listed in § 25.66.
( 5 ) Description of brewery, as specified in § 25.68.
( 6 ) A list of trade names which the brewer intends to use in doing business or in packaging beer.
( 7 ) [Reserved]
( 8 ) The name and address of the owner of the land or buildings comprising the brewery, and of any mortgagee or other encumbrancer of the land or buildings comprising the brewery.
( 9 ) The 24-hour cycle of operations at the brewery which is to be the brewer's business day.
( 10 ) The process by which the brewer intends to render beer unfit for beverage use when beer is to be removed for use in manufacturing under §§ 25.191-25.192.
( 11 ) Statement showing ownership or controlling interests in other breweries which will establish eligibility for the transfer of beer without payment of tax between breweries of the same ownership, as authorized in § 25.181.
( 12 ) The date of the notice and the name and signature of the brewer or person authorized to sign on behalf of the brewer.
( 13 ) A statement whether the brewer is required to furnish a bond under § 25.91.
( b ) *Incorporation by reference.* If any of the information required by paragraph (a)(4) of this section is on file with a TTB office in connection with the qualification of any other premises operated by the brewer, that information, if accurate and complete, may be incorporated into the brewer's notice by reference.
(Sec. 201, Pub. L. 85-859, 72 Stat. 1388, as amended (26 U.S.C. 5401))
[T.D. ATF-224, 51 FR 7673, Mar. 5, 1986, as amended by T.D. TTB-21, 70 FR 237, Jan. 3, 2005; T.D. TTB-91, 76 FR 5478, Feb. 1, 2011; T.D. TTB-146, 82 FR 1127, Jan. 4, 2017]
### §75f. Director; appointment and compensation; officers and employees

(a) The Board may appoint and fix the compensation and duties of a director of the Gallery, and his appointment and salary shall not be subject to the civil-service laws or chapter 51 and subchapter III of chapter 53 of title 5. The Board may employ such other officers and employees as may be necessary for the efficient administration, operation, and maintenance of the Gallery.

(b) The Board may delegate to the Secretary of the Smithsonian Institution, as well as to the Commission, any of its functions pursuant to subsection (a) of this section.

(Pub. L. 87–443, §7, Apr. 27, 1962, 76 Stat. 63.)

#### **Editorial Notes**

#### Codification

In subsec. (a), "chapter 51 and subchapter III of chapter 53 of title 5" substituted 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, Government Organization and Employees.
Exhibits to Petition for Summary Grant of Exemption Pursuant to Section 333 of the 2012 FMRA of 

RedCorn Studios, LLC

• DJI Inspire 1 User Manual v1.4 (Exhibit 1)

• DJI Inspire 1 Maintenance Manual v1.0 (Exhibit 2)

• DJI Inspire 1 Safety Guidelines v1.0 (Exhibit 3)

• DJI Phantom 3 User Manual v1.2 (Exhibit 4)

• DJI Phantom 3 Safety Guidelines (Exhibit 5)

• Yuneec Q500 User Manual v2.1 (Exhibit 6)
###### Editorial Note on Part 26

#### Editorial Note:

Nomenclature changes to part 26 appear by T.D. ATF-451, 66 FR 21668, 21669, May 1, 2001.

#### § 26.78 Application and permit, TTB Form 5110.51.

Application for permit to compute the tax on, and to withdraw, distilled spirits shall be made on TTB Form 5110.51, in quintuplicate, by the proprietor. The proprietor shall forward all copies of the form to the Secretary. If the application is properly prepared and is otherwise in order, the Secretary or his delegate shall execute the permit, retain one copy, and forward the original and remaining copies of the form to the revenue agent at the premises where the products are located.

[T.D. ATF-62, 44 FR 71711, Dec. 11, 1979, as amended by T.D. ATF-251, 52 FR 19338, May 22, 1987]
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

31

DAY HIGH

 23,604

 22,297

 21,611

 22,436

 25,762

 24,968

 24,283

 24,089

 24,395

 23,981

 23,446

 23,188

 23,075

 23,316

 23,490

 20,645

 18,673

 19,088

 19,265

 21,935

 24,452

 24,753

 23,858

 23,914

 25,365

 26,320

 25,832

 24,342

 22,122

 19,891

 18,820

 9,350

 9,096

 10,660

 13,003

 13,882

 13,643

 12,940

 11,558

 10,264

 9,689

 9,167

 9,109

 8,675

 8,920

 8,816

 8,239

 8,152

 6,928

 7,506

 10,093

 11,145

 9,688

 9,175

 8,765

 9,005

 9,288

 8,494

 8,709

 8,694

 7,704

 7,355

 16,787

 16,535

 16,783

 18,271

 19,564

 18,901

 18,086

 17,587

 16,992

 16,182

 15,753

 16,774

 15,598

 15,846

 15,852

 14,916

 14,062

 13,541

 13,739

 15,302

 16,269

 15,627

 15,913

 16,057

 17,161

 17,247

 16,817

 16,198

 15,788

 14,268

 13,349

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

MAY 2013 WATER QUALITY REPORT RUN DATE: September 12, 2013

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

PORT CHICAGO BOTTOM IN SUISUN BAY
§ 218.3 When an employee disappears. ( a ) *General.* If an employee who is entitled to an annuity disappears, the employee annuity ends on the last day of the month before the month of the disappearance.
( b ) *Employee has a current connection.* ( 1 ) The Board may pay survivor benefits from the month of the employee's disappearance if both of the following conditions are met at the time of the disappearance: ( i ) The employee has a current connection with the railroad industry as defined in part 216 of this chapter, and
( ii ) The employee's spouse is entitled, or would have been entitled if he or she had filed an application, to a spouse annuity in the month that the employee disappeared.
( 2 ) If the employee is later found to have been alive during any month for which a survivor annuity was paid, the amount of any incorrect payment must be recovered under the rules of part 255, Erroneous Payments, of this chapter. The incorrect payment is the amount of any survivor benefits which were paid minus any spouse benefits which were paid minus any spouse benefits that would have been paid.
( c ) *Employee has no current connection.* If the employee does not have a current connection and the employee's spouse is entitled to an annuity in the month of the employee's disappearance, the spouse annuity will continue to be paid until one of the following events occurs: ( 1 ) The employee's death is established.
( 2 ) The spouse annuity ends for another reason.
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

31

DAY ELEV

 1,021.61

 1,021.47

 1,021.60

 1,021.48

 1,021.43

 1,021.58

 1,021.55

 1,021.74

 1,022.40

 1,022.80

 1,023.58

 1,023.82

 1,024.07

 1,024.33

 1,024.67

 1,026.13

 1,027.17

 1,027.67

 1,027.78

 1,028.55

 1,029.84

 1,031.01

 1,032.13

 1,033.34

 1,034.63

 1,035.80

 1,036.93

 1,038.05

 1,039.11

 1,039.79

 1,040.50

 1,677.9

 1,676.5

 1,677.8

 1,676.6

 1,676.1

 1,677.6

 1,677.3

 1,679.2

 1,685.8

 1,689.8

 1,697.6

 1,700.0

 1,702.5

 1,705.1

 1,708.5

 1,723.3

 1,733.8

 1,738.9

 1,740.0

 1,747.8

 1,761.0

 1,773.0

 1,784.6

 1,797.1

 1,810.5

 1,822.8

 1,834.6

 1,846.4

 1,857.6

 1,864.8

 1,872.3

STORAGE

+0.3

-1.4

+1.3

-1.2

-0.5

+1.5

-0.3

+1.9

+6.6

+4.0

+7.8

+2.4

+2.5

+2.6

+3.4

+14.7

+10.5

+5.1

+1.1

+7.8

+13.2

+12.0

+11.5

+12.5

+13.4

+12.2

+11.8

+11.8

+11.2

+7.2

+7.5

CHANGE

2,812

2,643

2,784

2,512

3,497

3,124

2,489

2,837

5,050

3,898

5,925

3,370

3,465

3,616

4,072

9,748

7,446

5,896

3,558

7,266

9,521

8,966

8,898

8,878

8,592

8,967

9,262

9,258

8,804

6,938

6,301

INFLOW

 2,597

 3,281

 1,087

 1,687

 3,693

 2,311

 2,578

 1,823

 1,732

 1,843

 1,936

 2,090

 2,133

 2,220

 2,276

 2,259

 2,087

 3,311

 2,951

 3,232

 2,812

 2,823

 2,978

 2,468

 1,729

 2,696

 3,185

 3,206

 3,066

 3,219

 2,403

POWER

 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

SPILL

 0

 0

 981

 1,368

 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

OUTLET

 64

 64

 64

 58

 55

 61

 61

 61

 0

 42

 52

 68

 68

 78

 72

 65

 46

 23

 43

 79

 60

 87

 97

 94

 101

 112

 105

 109

 92

 86

 96

C.F.S.

 .20

 .20

 .20

 .18

 .17

 .19

 .19

 .19

 .00

 .13

 .16

 .21

 .21

 .24

 .22

 .20

 .14

 .07

 .13

 .24

 .18

 .26

 .29

 .28

 .30

 .33

 .31

 .32

 .27

 .25

 .28

INCHES

 .02

 .00

 .00

 .00

 .15

 .90

 .01

 .02

 .80

 .27

 .04

 .00

 .00

 .00

 .00

 .75

 .01

 .02

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

PRECIP

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

MAY 2005 NEW MELONES LAKE DAILY OPERATIONS RUN DATE: October 26, 2005

IN LAKE

EVAPORATION

INCHES

C.F.S.

COMPUTED*

1000 ACRE-FEET

RELEASE - C.F.S.

TOTALS +194.4 180,393 77,712 0 2,349 2,163 6.54 2.99

ACRE-FEET +194,400 357,810 154,142 0 4,659 4,290

COMMENTS:

SUMMARY

RELEASE (ACRE-FEET)

POWER 154,142

SPILL 0

OUTLET

TOTAL

 4,659

 158,801

PRECIPITATION

THIS MONTH =

TO DATE =

 2.99

JULY 1, 2004 40.05

 1,677.6

Table 13
#### Samuel Wells, Respondent, v. Aaron Wells, Appellant.

Judgment and order unanimously affirmed, with costs.
<PAGE>


EXHIBIT 99.1

     CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
       (SUBSECTIONS (A) AND (B) OF SECTION 1350, CHAPTER 63 OF TITLE 18,
                              UNITED STATES CODE)


Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and
(b) of section 1350, chapter 63 of title 18, United Stated Code), each of the
undersigned officers of TOP Group Holdings, Inc., a Delaware corporation (the
"Company"), does hereby certify, to such officer's knowledge, that:

The Quarterly Report on Form 10-QSB/A-3 for the period ended March 31, 2003 (the
"Form 10-QSBA") of the Company fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934, and the information
contained in the Form 10-QSB/A-3 fairly presents, in all material respects, the
financial condition and results of operations of the Company.


Dated:   August 7, 2003                     /s/ Yang Hengming
                                            ---------------------------------
                                            Yang Hengming, President


Dated:   August 7, 2003                     /s/ Lu Anli
                                            ---------------------------------
                                            Lu Anli, Secretary and Treasurer


The foregoing certification is being furnished solely pursuant to section 906 of
the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter
63 of title 18, United States Code) and is not being filed as part of a separate
disclosure document.



                                       8

<PAGE>
### §4644. Assessments

#### (a) Ongoing assessments

For the 10-year period beginning on January 29, 2020, except as provided in subsection (b), the Interagency Labor Committee shall assess on a biannual basis the extent to which Mexico is in compliance with its obligations under Annex 23–A of the USMCA.

#### (b) Consultation relating to annual assessment

On or after the date that is 5 years after January 29, 2020, the Interagency Labor Committee may consult with the appropriate congressional committees with respect to the frequency of the assessment required under subsection (a) and, with the approval of both such committees, may conduct such assessment on an annual basis for the following 5 years.

#### (c) Matters to be included

The assessment required under subsection (a) shall also include each of the following:

(1) Whether Mexico is providing adequate funding to implement and enforce Mexico's labor reform, including specifically whether Mexico has provided funding consistent with commitments made to contribute the following amounts for the labor reform implementation budget:

(A) $176,000,000 for 2021.

(B) $325,000,000 for 2022.

(C) $328,000,000 for 2023.

(2) The extent to which any legal challenges to Mexico's labor reform have succeeded in that court system.

(3) The extent to which Mexico has implemented the federal and state labor courts, registration entity, and federal and state conciliation centers consistent with the timeline set forth for Mexico's labor reform, in the September 2019 policy statements by the Government of Mexico on a national strategy for implementation of the labor justice system, and in subsequent policy statements in accordance with Mexico's labor reform.

(Pub. L. 116–113, title VII, §714, Jan. 29, 2020, 134 Stat. 82.)