alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
*After examining appellant’s brief and the appellate record, this panel has

determined unanimously that oral argument would not materially assist the

determination of this appeal. See Fed. R. App. P. 34(a)(2) and 10th Cir. R.

34.1(G). The case is therefore submitted without oral argument. This order and

judgment is not binding precedent, except under the doctrines of law of the case,

res judicata, or collateral estoppel. The court generally disfavors the citation of

orders and judgments; nevertheless, an order and judgment may be cited under the

terms and conditions of 10th Cir. R. 36.3.

F I L E D

United States Court of Appeals

Tenth Circuit

JUN 5 2001

PATRICK FISHER

Clerk

UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

CARLOS ORANTES-MENDEZ,

Defendant-Appellant.

No. 00-3358

(D.C. No. 00-CR-10082-MLB)

(Kansas)

ORDER AND JUDGMENT*

Before SEYMOUR, McKAY, and BRORBY, Circuit Judges.

Carlos Orantes-Mendez was convicted of illegally reentering the United

States after deportation, in violation of 8 U.S.C. § 1326(a). Violations of that

statute carry a maximum prison term of two years. However, section 1326(b)(2)
-2-

provides enhanced prison terms of up to twenty years for those who reenter the

country illegally after a previous aggravated felony conviction. In light of Mr.

Orantes-Mendez’ prior aggravated felony conviction, he was sentenced to fiftyseven months in prison.

Relying on Apprendi v. New Jersey, 530 U.S. 466, 490 (2000), and United

States v. Jones, 235 F.3d 1231, 1236 (10th Cir. 2000), Mr. Orantes-Mendez

argues his enhanced sentence is invalid because the fact of the prior conviction

was not specified in his indictment. This argument disregards the explicit

language of Apprendi, which limited its application to facts “other than a prior

conviction.” 466 U.S. at 490. Prior felony convictions remain a valid basis for

sentencing enhancements under Almendarez-Torres v. United States, 523 U.S. 224

(1998). See also United States v. Martinez-Villalva, 232 F.3d 1329, 1331-1332

(10th Cir. 2000) (prior felony remains sentencing factor for section 1326 offense

after Apprendi).

Mr. Orantes-Mendez acknowledges these holdings and asserts that he

makes his current argument in order to preserve the issue for further appeal. 

Nevertheless, based upon existing law his appeal must be DENIED. 

ENTERED FOR THE COURT

Stephanie K. Seymour

Circuit Judge
#### § 220.25 General.

The definition and discussion of disability for any regular employment are found in §§ 220.26 through 220.184.
### §§5881 to 5891. Repealed. Pub. L. 106–113, div. B, §1000(a)(4) [title III, §310(i)], Nov. 29, 1999, 113 Stat. 1535, 1501A–265

Section 5881, Pub. L. 103–227, title III, §301, Mar. 31, 1994, 108 Stat. 157, related to congressional findings.

Section 5882, Pub. L. 103–227, title III, §302, Mar. 31, 1994, 108 Stat. 158, stated purpose of subchapter.

Section 5883, Pub. L. 103–227, title III, §303, Mar. 31, 1994, 108 Stat. 158, related to authorization of appropriations.

Section 5884, Pub. L. 103–227, title III, §304, Mar. 31, 1994, 108 Stat. 158; Pub. L. 104–134, title I, §101(d) [title VII, §§703(a)(8), 704], Apr. 26, 1996, 110 Stat. 1321–211, 1321–252, 1321–255; renumbered title I, Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327, related to allotment of funds.

Section 5885, Pub. L. 103–227, title III, §305, Mar. 31, 1994, 108 Stat. 159; Pub. L. 104–134, title I, §101(d) [title VII, §705(b)], Apr. 26, 1996, 110 Stat. 1321–211, 1321–256; renumbered title I, Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327, related to State applications.

Section 5886, Pub. L. 103–227, title III, §306, Mar. 31, 1994, 108 Stat. 160; Pub. L. 104–134, title I, §101(d) [title VII, §§702(a), 703(a)(9), 705(a)], Apr. 26, 1996, 110 Stat. 1321–211, 1321–251, 1321–253, 1321–256; renumbered title I, Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327, related to State improvement plans.

Section 5887, Pub. L. 103–227, title III, §307, Mar. 31, 1994, 108 Stat. 167; Pub. L. 104–134, title I, §101(d) [title VII, §705(c)], Apr. 26, 1996, 110 Stat. 1321–211, 1321–256; renumbered title I, Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327, related to Secretary's review of applications and payments.

Section 5888, Pub. L. 103–227, title III, §308, Mar. 31, 1994, 108 Stat. 168; Pub. L. 104–134, title I, §101(d) [title VII, §703(a)(10)], Apr. 26, 1996, 110 Stat. 1321–211, 1321–253; renumbered title I, Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327, related to State use of funds.

Section 5889, Pub. L. 103–227, title III, §309, Mar. 31, 1994, 108 Stat. 169; Pub. L. 103–382, title III, §361(c), Oct. 20, 1994, 108 Stat. 3975; Pub. L. 104–134, title I, §101(d) [title VII, §§702(b), 703(a)(11)], Apr. 26, 1996, 110 Stat. 1321–211, 1321–251, 1321–253; renumbered title I, Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327, related to subgrants for local reform and professional development.

Section 5890, Pub. L. 103–227, title III, §310, Mar. 31, 1994, 108 Stat. 174; Pub. L. 103–382, title III, §394(f)(4), Oct. 20, 1994, 108 Stat. 4028, related to availability of information and training.

Section 5891, Pub. L. 103–227, title III, §311, Mar. 31, 1994, 108 Stat. 174; Pub. L. 103–382, title III, §394(f)(5), Oct. 20, 1994, 108 Stat. 4028, related to waivers of statutory and regulatory requirements.

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

#### Effective Date of Repeal

Pub. L. 106–113, div. B, §1000(a)(4) [title III, §310(i)], Nov. 29, 1999, 113 Stat. 1535, 1501A–265, provided that: "Titles III [enacting this subchapter] and IV [enacting subchapter IV of this chapter] of the Goals 2000: Educate America Act are repealed on September 30, 2000."
(No. 74-CC-544

#### Professional Audit Bureau, Inc., Claimant, *vs.*State of Illinois, Department of Children and Family Services, Respondent.

*Opinion filed June 5, 1974.*

H. Lee Grace, Attorney for Claimant.

William J. Scott, Attorney General; Saul R. Wexler, Assistant Attorney General, for Respondent.

Per Curiam.
MATERIAL CONTRACTS

Exhibit 10
is:

(1)  Employment
Agreement between James S. Marlen and the Company.

(2)  First
Amendment to Employment Agreement between James S. Marlen and the Company.

(3)  Second
Amendment to Employment Agreement between James S. Marlen and the Company:

(4)  Change
of Control Agreement between Javier Solis and the Company.

(5)  Change
of Control Agreement between Gary Wagner and the Company.

(6)  Change
of Control Agreement between James R. McLaughlin and the Company.

(7)  2001
Stock Incentive Plan.

Exhibit 10,
Item (1) is incorporated by reference to Annual Report on Form 10-K filed with the Commission for Registrant's fiscal year ended November 30, 1997.

Exhibit 10,
Items (2), (4) and (5) are incorporated by reference to Annual Report on Form 10-K filed with the Commission for Registrant's fiscal year ended
November 30, 1998.

Exhibit 10,
Item (3) is incorporated by reference to Annual Report on Form 10-K filed with the Commission for Registrant's fiscal year ended November 30, 2001.

Exhibit 10,
Item (6) is incorporated by reference to Annual Report on Form 10-K filed with the Commission for Registrant's fiscal year ended November 30, 2000.

Exhibit 10,
Item (7) is incorporated by reference to Registration Statement No. 333-61816 on Form S-8 filed with the Commission on May 29,
2001.

EXHIBIT 10

---
Exhibit 3.1
 Delaware
 The First State
 I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE,
DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE
OF AMENDMENT OF SPANISH BROADCASTING SYSTEM, INC., FILED IN THIS OFFICE ON
THE FIFTH DAY OF JULY, A.D. 2011, AT 11:14 OCLOCK A.M.
 A FILED COPY OF THIS CERTIFICATE HAS BEEN FORWARDED TO THE NEW CASTLE
COUNTY RECORDER OF DEEDS.
 AND I DO HEREBY FURTHER CERTIFY THAT THE EFFECTIVE DATE OF THE AFORESAID
CERTIFICATE OF AMENDMENT IS THE ELEVENTH DAY OF JULY, A.D. 2011, AT 11:59
OCLOCK P.M.
 2407238       8100110789716 You may verify this
certificate online 
at corp.delaware.gov/authver.shtml
    
    (SEAL)
    
    /s/
Jeffrey
W Bullock
Jeffrey
W Bullock, Secretary of StateAUTHENTICATION: 8880643
DATE: 07-05-11




---



##### 



State of Delaware
Secretary of State
Division of Corporations
Delivered 12:02 PM 07/05/2011
FILED 11:14 AM 07/05/2011 
SRV 110789716  2407238 FILE
 CERTIFICATE OF AMENDMENT
TO THE
THIRD AMENDED AND RESTATED CERTIFICATE OF INCORPORATION
OF
SPANISH BROADCASTING SYSTEM, INC.
Pursuant to Section 242 of
the General Corporation Law
of the State of Delaware
   Reverse Stock Split
    SPANISH BROADCASTING SYSTEM INC.By:

/s/
Joseph A. GarciaName:
    Joseph A. GarciaTitle:
    Senior Executive Vice President,
Chief Financial Officer, Chief

Administrative Officer and
Secretary
### §6001. Short title

This subchapter may be cited as the "Educational Research, Development, Dissemination, and Improvement Act of 1994".

(Pub. L. 103–227, title IX, §901, Mar. 31, 1994, 108 Stat. 212.)

#### **Editorial Notes**

#### References in Text

This subchapter, referred to in text, was in the original "this title", meaning title IX of Pub. L. 103–227, Mar. 31, 1994, 108 Stat. 212, which enacted this subchapter, amended sections 2422, 3155, 3412, 3419, 3462, and 4085b of this title, repealed section 1221e of this title, and enacted provisions set out as notes under sections 1221e and 3155 of this title.
<TABLE> <S> <C>

               <ARTICLE> 5
               <LEGEND>

          THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
          FIRECOM, INC.'S  CONSOLIDATED BALANCE  SHEET, STATEMENT OF INCOME 
          AND STATEMENT OF CASH FLOW FOR THE PERIOD ENDED JULY 31, 1997, AND
          IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL 
          STATEMENTS.

              </LEGEND>
              <MULTIPLIER>                   1,000
                     
          <S>         <C>
          <PERIOD-TYPE>                      3-MOS
          <FISCAL-YEAR-END>                  APR-30-1998
          <PERIOD-END>                       JUL-31-1997
          <CASH>                             1,684
          <SECURITIES>  	                 0
          <RECEIVABLES>                      4,158
          <ALLOWANCES>                       356
          <INVENTORY>                        1,674
          <CURRENT-ASSETS>                   7,760
          <PP&E>                             1,299
          <DEPRECIATION>                     718
          <TOTAL-ASSETS>                     8,586
          <CURRENT-LIABILITIES>              1,697
          <BONDS>                            0
          <COMMON>    		             69
          <PREFERRED-MANDATORY>              0
          <PREFERRED>                        0
          <OTHER-SE>                         4,329
          <TOTAL-LIABILITY-AND-EQUITY>       8,586
          <SALES>                            3,006
          <TOTAL-REVENUES>                   3,006
          <CGS>                              1,758
          <TOTAL-COSTS>                      1,758
          <OTHER-EXPENSES>                   1,117
          <LOSS-PROVISION>                   63
          <INTEREST-EXPENSE>                 47
          <INCOME-PRETAX>                    21
          <INCOME-TAX>                       10
          <INCOME-CONTINUING>                11
          <DISCONTINUED>                     0
          <EXTRAORDINARY>                    0
          <CHANGES>                          0
          <NET-INCOME>                       11
          <EPS-PRIMARY>                      .00
          <EPS-DILUTED>                      .00
                       


</TABLE>
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FIRECOM,
INC.'S CONSOLIDATED BALANCE SHEET, STATEMENT OF INCOME AND STATEMENT OF CASH
FLOW FOR THE PERIOD ENDED JULY 31, 2000, AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>                                   1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          APR-30-2001
<PERIOD-END>                               JUL-31-2000
<CASH>                                           4,790
<SECURITIES>                                         0
<RECEIVABLES>                                    4,426
<ALLOWANCES>                                       474
<INVENTORY>                                      2,010
<CURRENT-ASSETS>                                11,601
<PP&E>                                           1,810
<DEPRECIATION>                                   1,187
<TOTAL-ASSETS>                                  12,618
<CURRENT-LIABILITIES>                            3,775
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           133
<OTHER-SE>                                       7,350
<TOTAL-LIABILITY-AND-EQUITY>                    12,618
<SALES>                                          5,020
<TOTAL-REVENUES>                                 5,020
<CGS>                                            3,101
<TOTAL-COSTS>                                    3,101
<OTHER-EXPENSES>                                 1,790
<LOSS-PROVISION>                                    74
<INTEREST-EXPENSE>                                  44
<INCOME-PRETAX>                                     79
<INCOME-TAX>                                        38
<INCOME-CONTINUING>                                 41
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                        41
<EPS-BASIC>                                        .00
<EPS-DILUTED>                                      .00



</TABLE>
Motion Granted; Reversed and Remanded and Memorandum Opinion filed

March 19 , 2013

.

In The



## Fourteenth Court of Appeals

NO. 14

- 12

- 00945

- CV

SONJIA JONES , Appellant

V.

DISCOVER BANK , Appellee

On Appeal from Co unty Civil C our t at Law No

. 4

Harris County, Texas
Trial Court Cause No. 1012301

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

This is an appeal from a judgment signed July 10, 2012. On February 28,

2013

, the parties filed a joint motion to set aside the trial court’s judgment. See

T EX

. R. A PP

. P. 42.1 (a)(2(B) . The motion is granted.

Accordingly, the judgment is reversed and the cause remanded to the trial

court for rendition of judgment in accordance with the parties’ agreement.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Boyce and Donovan.
### IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

DIVISION II

STATE OF WASHINGTON, No. 52318

- 3

- II

Respondent,

v. UNPUBLISHED OPINION

DESARAE LYN RUSSELL

,

Appellant.

Desarae Russell appeals the imposition of interest on her legal financial obligations

(LFOs)

. T he State concedes that the imposition of interest on LFOs here violates RCW

10.82.090(1)

. We accept the State’s concession

, and we remand for the trial court to strike the

provision in the judgment and sentence imposing interest on L FOs and to strike any accrued

interest.

FACTS

On February 5, 2018, an officer disco vered heroin when s earching Russell incident to an

arrest. Russell was convicted on May 15 of possession of a controlled substance, heroin.

Russell was sentenced on August 17. T he trial court imposed the following LFOs : a

$500 crime victim penalty assessment, a $100 crime lab fee, and a $100 DNA collection fee.

T he judgment and sentenc e provided that the LFOs would bear interest “from the date of the

judgment until payment in full.” Clerk’s Papers at 20.

Russell appeals the imposition of interest on her LFOs

. Filed

Washington State

Court of Appeals

Division Two

July 23, 2019No. 52318

- 3

- II

2 ANALYSIS

Russell claims , and the State concedes, that the trial court erred by imposing interest on

her LFOs. We agree

.

RCW 10.82.090(1) states, “ As of June 7, 2018, no interest shall accrue on nonrestitution

legal financial obligations .” Here, the trial court imposed nonrestitution LFOs. And the

judgment and sentence was entered after June 7, 2018. Therefore, the trial court erred in

imposing interest on those LFOs.

CONCLUSION

We remand for the trial court to strike the provision in the judgment and sentence

imposing interest on LFOs and to strike any accrued interest

.

A majority of the panel having determined that this opinion will not be printed in the

Washington Appellate Reports, but will be filed for public record in accordance with RCW

2.06.040, it is so ordered.

MAXA, C.J.

We concur:

WORSWICK , J.

SUTTON , J.
[Federal Register Volume 76, Number 73 (Friday, April 15, 2011)]
[Notices]
[Pages 21332-21333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9231]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-816]


Corrosion-Resistant Carbon Steel Flat Products From the Republic 
of Korea: Extension of Time Limits for the Preliminary Results of 
Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

FOR FURTHER INFORMATION CONTACT: Victoria Cho, AD/CVD Operations, 
Office 3, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Ave., NW., 
Washington, DC 20230; telephone: (202) 482-5075.

Background

    On September 29, 2010, the U.S. Department of Commerce 
(``Department'') published a notice of initiation of the administrative 
review of the antidumping duty order on corrosion-resistant carbon 
steel flat products from the Republic of Korea, covering the period 
August 1, 2009, to July 31, 2010. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews and Requests for Revocation 
in Part, 75 FR 60076 (September 29, 2010). The preliminary results of 
this review are currently due no later than May 3, 2011.

Extension of Time Limit of Preliminary Results

    Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (``the 
Act''), requires that the Department make a preliminary determination 
within 245 days after the last day of the anniversary month of an order 
for which a review is requested. Section 751(a)(3)(A) of the Act 
further states that if it is not practicable to complete the review 
within the time period specified, the administering authority may 
extend the 245-day period to issue its preliminary results to up to 365 
days.
    We determine that completion of the preliminary results of this 
review within the 245-day period is not practicable.

[[Page 21333]]

Additional time is needed to gather and analyze a significant amount of 
information pertaining to sales practices, manufacturing costs and 
corporate relationships pertaining to each company participating in the 
review as well as the company requesting revocation. Given the number 
and complexity of issues in this case, in accordance with section 
751(a)(3)(A) of the Act, we are fully extending by 120 days the time 
period for issuing the preliminary results of review. Therefore, the 
preliminary results are now due no later than August 31, 2011. The 
final results continue to be due 120 days after publication of the 
preliminary results.
    This notice is published pursuant to sections 751(a)(3)(A) and 
777(i)(1) of the Act.

    Dated: April 11, 2011.
Gary Taverman,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2011-9231 Filed 4-14-11; 8:45 am]
BILLING CODE 3510-DS-P
§ 5.3 General requirements and prohibitions under the FAA Act. ( a ) *Certificates of label approval (COLAs).* Subject to the requirements and exceptions set forth in the regulations in subpart B of this part, any bottler of distilled spirits, and any person who removes distilled spirits in containers from customs custody for sale or any other commercial purpose, is required to first obtain from TTB a COLA covering the label(s) on each container.
( b ) *Alteration, mutilation, destruction, obliteration, or removal of labels.* Subject to the requirements and exceptions set forth in the regulations in subpart C of this part, it is unlawful to alter, mutilate, destroy, obliterate, or remove labels on distilled spirits containers. This prohibition applies to any person, including retailers, holding distilled spirits for sale in interstate or foreign commerce or any person holding distilled spirits for sale after shipment in interstate or foreign commerce.
( c ) *Labeling requirements for distilled spirits.* It is unlawful for any person engaged in business as a distiller, rectifier (processor), importer, wholesaler, bottler, or warehouseman and bottler, directly or indirectly, or through an affiliate, to sell or ship, or deliver for sale or shipment, or otherwise introduce or receive in interstate or foreign commerce, or remove from customs custody, any distilled spirits in containers unless such containers are marked, branded, labeled, and packaged in conformity with the regulations in this part.
( d ) *Labeled in accordance with this part.* In order to be labeled in accordance with the regulations in this part, a container of distilled spirits must be in compliance with the following requirements: ( 1 ) It must bear one or more label(s) meeting the standards for “labels” set forth in subpart D of this part;
( 2 ) One or more of the labels on the container must include the mandatory information set forth in subpart E of this part;
( 3 ) Claims on any label, container, or packaging (as defined in § 5.81) must comply with the rules for restricted label statements, as applicable, set forth in subpart F of this part;
( 4 ) Statements or any other representations on any label, container, or packaging (as defined in §§ 5.101 and 5.121) may not violate the regulations in subparts G and H of this part regarding certain practices on labeling of distilled spirits; and
( 5 ) The class and type designation on any label, as well as any designation appearing on containers or packaging, must comply with the standards of identity set forth in subpart I of this part.
( e ) *Packaged in accordance with this part.* In order to be packaged in accordance with the regulations in this part, the distilled spirits must be bottled in authorized standards of fill in containers that meet the requirements of subpart K of this part.
---

Exhibit 99.17


March 30, 2011 CONSENT OF BART STRYHAS United States Securities and Exchange Commission Gentlemen: In connection with Silver Wheaton Corp.s (the Company) Annual Report on Form 40-F for the year ended December 31, 2010 (the Annual Report), I, Bart A. Stryhas, Ph.D., CPG (# 11034), Principal Resource Geologist (SRK Consulting (U.S.), Inc.), hereby consent to the inclusion in, or incorporation by reference into, the Annual Report and the Companys Registration statement on Form S-8 (File No. 333-128128), of the following: 1.
     Resource estimates of the Pascua-Lama Project;2.
     Technical report dated October 28, 2009, entitled Amended NI 43-101, Technical Report, Pascua-Lama Project, Region III, Chile / San Juan Province, Argentina addressed to Silver Wheaton Corp. Yours truly,/s/ Bart StryhasBart A. Stryhas, Ph.D., CPGPrincipal Resource GeologistSRK Consulting (U.S.), Inc.


---