alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §885. Burden of proof; liabilities

#### (a) Exemptions and exceptions; presumption in simple possession offenses

(1) It shall not be necessary for the United States to negative any exemption or exception set forth in this subchapter in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this subchapter, and the burden of going forward with the evidence with respect to any such exemption or exception shall be upon the person claiming its benefit.

(2) In the case of a person charged under section 844(a) of this title with the possession of a controlled substance, any label identifying such substance for purposes of section 353(b)(2) of this title shall be admissible in evidence and shall be prima facie evidence that such substance was obtained pursuant to a valid prescription from a practitioner while acting in the course of his professional practice.

#### (b) Registration and order forms

In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this subchapter, he shall be presumed not to be the holder of such registration or form, and the burden of going forward with the evidence with respect to such registration or form shall be upon him.

#### (c) Use of vehicles, vessels, and aircraft

The burden of going forward with the evidence to establish that a vehicle, vessel, or aircraft used in connection with controlled substances in schedule I was used in accordance with the provisions of this subchapter shall be on the persons engaged in such use.

#### (d) Immunity of Federal, State, local and other officials

Except as provided in sections 2234 and 2235 of title 18, no civil or criminal liability shall be imposed by virtue of this subchapter upon any duly authorized Federal officer lawfully engaged in the enforcement of this subchapter, or upon any duly authorized officer of any State, territory, political subdivision thereof, the District of Columbia, or any possession of the United States, who shall be lawfully engaged in the enforcement of any law or municipal ordinance relating to controlled substances.

(Pub. L. 91–513, title II, §515, Oct. 27, 1970, 84 Stat. 1279.)

#### **Editorial Notes**

#### References in Text

Schedule I, referred to in subsec. (c), is set out in section 812(c) 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

29

30

DAY ELEVATION

 248.51

 248.04

 246.96

 245.87

 244.80

 244.10

 243.40

 242.93

 241.88

 241.70

 241.28

 240.68

 240.48

 239.97

 239.47

 239.24

 239.29

 239.40

 239.76

 239.58

 239.67

 239.73

 239.39

 239.32

 239.60

 239.38

 239.32

 239.08

 238.96

 239.05

 2,301

 2,149

 1,834

 1,551

 1,302

 1,152

 1,014

 924

 744

 717

 651

 564

 536

 466

 406

 379

 385

 398

 441

 420

 430

 438

 397

 388

 422

 396

 388

 360

 346

 356

STORAGE

-19

-152

-315

-283

-249

-150

-138

-90

-180

-27

-66

-87

-28

-70

-60

-27

+6

+13

+43

-21

+10

+8

-41

-9

+34

-26

-8

-28

-14

+10

CHANGE

 38

 41

 40

 31

 99

 121

 121

 121

 112

 125

 106

 87

 50

 202

 200

 228

 218

 213

 220

 202

 223

 302

 379

 391

 329

 360

 346

 516

 575

 529

 56,600

 55,000

 48,100

 36,200

 36,700

 32,000

 28,300

 25,700

 20,700

 19,500

 18,100

 15,800

 14,900

 13,100

 12,000

 11,100

 11,000

 11,100

 12,300

 11,800

 12,800

 12,000

 11,100

 10,800

 11,600

 11,100

 10,700

 10,300

 8,960

 8,980

UNITED STATES DEPARTMENT OF THE INTERIOR

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

APRIL 2011 RED BLUFF DIVERSION RESERVOIR DAILY OPERATIONS RUN DATE: May 3, 2011

IN LAKE

CANAL

 ACRE-FEET

TOTALS -1,964 6,525 598,340

ACRE-FEET -1,964 12,942 1,186,807

SUMMARY

RELEASE (ACRE-FEET)

TOTAL 1,200,324

 2,320

RELEASE

RIVER

CORNING TO SACTO

CANAL

RELEASE C.F.S

TEHAMA

COLUSA

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 55

 56

 22

 17

 0

 0

 18

 1

 13

 10

 0

 0

 0

 18

 21

 27

 32

 0

 0

 290

 575

CORNING CANAL 575

TEHAMA-COLUSA CANAL 12,942

TO SACTO RIVER 1,186,807
I 

114TH CONGRESS 

1ST SESSION H. R. 3941 

To provide for emergency preparedness for energy supply disruptions. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 5, 2015 

Mr. LANCE introduced the following bill; which was referred to the Committee 

on Energy and Commerce 

A BILL 

To provide for emergency preparedness for energy supply 

disruptions. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. EMERGENCY PREPAREDNESS FOR ENERGY 

4 SUPPLY DISRUPTIONS. 

5 (a) FINDING.—Congress finds that recent natural 

6 disasters have underscored the importance of having resil7 ient oil and natural gas infrastructure and effective ways 

8 for industry and government to communicate to address 

9 energy supply disruptions. 

10 (b) AUTHORIZATION FOR ACTIVITIES TO ENHANCE

11 EMERGENCY PREPAREDNESS FOR NATURAL DISASVerDate Sep 11 2014 23:08 Nov 07, 2015 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3941.IH H3941

tkelley on DSK3SPTVN1PROD with BILLS
2 

•HR 3941 IH

1 TERS.—The Secretary of Energy shall develop and adopt 

2 procedures to— 

3 (1) improve communication and coordination 

4 between the Department of Energy’s energy re5 sponse team, Federal partners, and industry; 

6 (2) leverage the Energy Information Adminis7 tration’s subject matter expertise within the Depart8 ment’s energy response team to improve supply 

9 chain situation assessments; 

10 (3) establish company liaisons and direct com11 munication with the Department’s energy response 

12 team to improve situation assessments; 

13 (4) streamline and enhance processes for ob14 taining temporary regulatory relief to speed up 

15 emergency response and recovery; 

16 (5) facilitate and increase engagement among 

17 States, the oil and natural gas industry, and the De18 partment in developing State and local energy assur19 ance plans; 

20 (6) establish routine education and training 

21 programs for key government emergency response 

22 positions with the Department and States; and 

23 (7) involve States and the oil and natural gas 

24 industry in comprehensive drill and exercise pro25 grams. 


tkelley on DSK3SPTVN1PROD with BILLS
3 

•HR 3941 IH

1 (c) COOPERATION.—The activities carried out under 

2 subsection (b) shall include collaborative efforts with State 

3 and local government officials and the private sector. 

4 (d) REPORT.—Not later than 180 days after the date 

5 of enactment of this Act, the Secretary of Energy shall 

6 submit to Congress a report describing the effectiveness 

7 of the activities authorized under this section. 

Æ 


tkelley on DSK3SPTVN1PROD with BILLS
§ 404.368 When you are considered a full-time student during a period of nonattendance. If you are a full-time student, your eligibility may continue during a period of nonattendance (including part-time attendance) if all the following conditions are met: ( a ) The period of nonattendance is 4 consecutive months or less;
( b ) You show us that you intend to resume your studies as a full-time student at the end of the period or at the end of the period you are a full-time student; and
( c ) The period of nonattendance is not due to your expulsion or suspension from the school.
[48 FR 21929, May 16, 1983]
### §321d. Market names for catfish and ginseng

#### (a) Catfish labeling

#### (1) In general

Notwithstanding any other provision of law, for purposes of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.)—

(A) the term "catfish" may only be considered to be a common or usual name (or part thereof) for fish classified within the family Ictaluridae; and

(B) only labeling or advertising for fish classified within that family may include the term "catfish".

#### (2) Omitted

#### (b) Ginseng labeling

#### (1) In general

Notwithstanding any other provision of law, for purposes of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.)—

(A) the term "ginseng" may only be considered to be a common or usual name (or part thereof) for any herb or herbal ingredient derived from a plant classified within the genus Panax; and

(B) only labeling or advertising for herbs or herbal ingredients classified within that genus may include the term "ginseng".

#### (2) Omitted

(Pub. L. 107–171, title X, §10806, May 13, 2002, 116 Stat. 526.)

#### **Editorial Notes**

#### References in Text

The Federal Food, Drug, and Cosmetic Act, referred to in subsecs. (a)(1), (b)(1), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to this chapter. For complete classification of this Act to the Code, see section 301 of this title and Tables.

#### Codification

Section is comprised of section 10806 of Pub. L. 107–171. Subsecs. (a)(2) and (b)(2) of section 10806 of Pub. L. 107–171 amended section 343 of this title.

Section was enacted as part of the Farm Security and Rural Investment Act of 2002, and not as part of Federal Food, Drug, and Cosmetic Act which comprises this chapter.
(No. 73-CC-152

#### Whalen Woods Vancil, Claimant, *vs.*State of Illinois, Division of Vocational Rehabilitation, Respondent.

*Opinion filed May 8, 1973.*

Philip Schickedanz, Attorney for Claimant.

William J. Scott, Attorney General; William E. Webber, Assistant Attorney General, for Respondent.

Per Curiam.
### SUBCHAPTER II—NORTH ATLANTIC TREATY NATIONS
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

 26,629

 26,227

 25,865

 25,422

 24,902

 24,381

 23,899

 23,056

 22,404

 21,563

 21,169

 20,818

 20,548

 20,274

 20,256

 20,028

 19,785

 19,617

 19,408

 19,091

 18,869

 18,561

 18,300

 17,982

 17,657

 17,339

 17,041

 16,782

 16,523

 16,266

 15,952

 27,044

 26,998

 26,939

 26,916

 26,971

 26,975

 27,044

 27,413

 27,566

 27,937

 27,849

 27,734

 27,552

 27,363

 26,865

 26,682

 26,493

 26,201

 25,982

 25,842

 25,601

 25,434

 25,220

 25,064

 24,911

 24,758

 24,587

 24,359

 24,153

 23,930

 23,766

STORAGE - A.F. 

 53,673

 53,225

 52,804

 52,338

 51,873

 51,356

 50,943

 50,469

 49,970

 49,500

 49,018

 48,552

 48,100

 47,637

 47,121

 46,710

 46,278

 45,818

 45,390

 44,933

 44,470

 43,995

 43,520

 43,046

 42,568

 42,097

 41,628

 41,141

 40,676

 40,196

 39,718

413

446

402

430

540

415

667

500

610

537

465

557

496

553

470

498

575

358

487

447

472

483

510

431

449

429

369

441

412

433

453

172

220

190

195

306

154

459

261

358

300

222

322

268

320

210

291

357

126

271

217

239

244

271

192

208

192

133

195

178

191

212

UNITED STATES DEPARTMENT OF THE INTERIOR

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

DECEMBER 2013 FULL NATURAL FLOW AT NEW MELONES DAM RUN DATE: 02/27/2014

TOTALS -14,434 7,474

* October 1, 14,825

 36.7

 37.1

 37.5

 37.9

 38.5

 38.8

 39.7

 40.2

 40.9

 41.5

 42.0

 42.6

 43.1

 43.8

 44.2

 44.8

 45.5

 45.7

 46.3

 46.7

 47.2

 47.7

 48.2

 48.6

 49.0

 49.4

 49.6

 50.0

 50.4

 50.8

 51.2

DONNELLS

RES

BEARDSLEY

RES

2013 TO DATE

NEW

MELONES

INFLOW

C.F.S

NATURAL

RIVER

C.F.S

ACCUM *

FULL

NATURAL

1000 A.F.

RESERVOIR

TOTAL

-479

-448

-421

-466

-465

-517

-413

-474

-499

-470

-482

-466

-452

-463

-516

-411

-432

-460

-428

-457

-463

-475

-475

-474

-478

-471

-469

-487

-465

-480

-478

CHANGE

A.F. C.F.S.

-241

-226

-212

-235

-234

-261

-208

-239

-252

-237

-243

-235

-228

-233

-260

-207

-218

-232

-216

-230

-233

-239

-239

-239

-241

-237

-236

-246

-234

-242

-241
**Exhibit 13.2**

 

**CERTIFICATION PURSUANT TO18 U.S.C. Section 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

** **

In connection with the Annual Report of PatniComputer Systems Limited (the “Company”) on Form 20-F for the period endedDecember 31, 2009 as filedwith the Securities and Exchange Commission on the date hereof (the “Report”),Surjeet Singh, Chief Financial Officer of the Company, hereby certify, pursuantto 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that:

 

1.                  TheReport fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

 

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

 

 

Date: February 26,2010

 

 
| /s/ Surjeet Singh        |   |
|--------------------------|--------|
|                     |   |
| Surjeet  Singh           |   |
| Chief  Financial Officer |   |

 

----
Electrical Conductivity, UMHOS

Day High Low Mean

1 0 0 0

2 0 0 0

3 0 0 0

4 0 0 0

5 0 0 0

6 0 0 0

7 0 0 0

8 0 0 0

9 0 0 0

10 306 240 269

11 302 217 254

12 219 209 213

13 0 0 0

14 0 0 0

15 0 0 0

16 0 0 0

17 0 0 0

18 0 0 0

19 0 0 0

20 0 0 0

21 0 0 0

22 0 0 0

23 0 0 0

24 0 0 0

25 0 0 0

26 0 0 0

27 0 0 0

28 0 0 0

29 0 0 0

30 0 0 0

COMMENT(S):

0 reading indicates that the station was out of service.

Historical Archive and Report Database

Delta Mendota Canal At Check 13 O'Neill

Period: April 2023 Run Date: 6/5/2023
[if !vml]>[endif]>

[if !vml]>[endif]>

You have reached the FederalDepository Library Program Electronic Collection (FDLP/EC) Archive. Thisarchive assures ongoing access to publications in the FDLP/EC. Access topublications in the archive is available through GPO's suite of cataloging andlocator services, including the Catalog of U.S. Government Publications(CGP).  Archived copies of publications are retrieved in the event thatpublications are no longer available from the original publishing agency site. 
**Title:****Ni�os al borde del abismo....**
 
2002 | 2004
 
SuDoc Number:ID 1.8:OR 7/
Item Number:0900-I-01 (online)
CGP systemNumber:000863101
 
April 6, 2018
§ 229.51 Adjustment of age reduction. ( a ) *General.* If an age reduced employee or spouse overall minimum benefit is not paid for certain months before the employee or spouse attains retirement age, or the employee becomes entitled to a DIB O/M, the age reduction may be adjusted to drop the months for which no payment was made or the overall minimum rate was not reduced for age.
( b ) *Employee adjusted age reduction.* The following months are deducted from the months used to determine the age reduction in the Overall Minimum PIA amount, effective the month in which the employee attains retirement age or becomes entitled to a DIB O/M: ( 1 ) Months in which the increase under the overall minimum is completely or partially deducted because of the employee's excess earnings; and
( 2 ) Months in which the employee is entitled to a DIB O/M as well as a reduced O/M.
( c ) *Spouse adjusted age reduction.* The following months are deducted from the months used to determine the age reduction in the spouse overall minimum benefit, effective the month in which the spouse attains retirement age: ( 1 ) Months in which the spouse O/M benefit is completely or partially deducted because of the employee's or spouse's excess earnings:
( 2 ) Months after entitlement to a spouse O/M benefit ends for any reason;
( 3 ) Months in which a spouse has in her care the employee's child who is under 16 years old or disabled before age 22;
( 4 ) Months in which a DIB O/M benefit is not payable because the employee refused rehabilitation service (see § 229.81 of this part).
§ 404.615 Claimant must be alive when an application is filed. A claimant must be alive at the time an application is filed. There are the following exceptions to this general rule: ( a ) If a disabled person dies before filing an application for disability benefits or a period of disability, a person who would be qualified to receive any benefits due the deceased may file an application. The application must be filed within 3 months after the month in which the disabled person died.
( b ) If a written statement showing an intent to claim benefits is filed with us, but the person for whom the benefits are claimed dies before an application is filed, an application may be filed as explained in § 404.630(d).
( c ) If a person who could receive benefits on the basis of a “deemed” filing date of an application under § 404.633 (b)(1)(i) or (b)(2)(i) dies before an application for the benefits is filed, the application may be signed by a person who would be qualified to receive any benefits due the deceased person as explained in § 404.633 (b)(1)(ii) and (b)(2)(ii).
[44 FR 37209, June 26, 1979, as amended at 59 FR 44923, Aug. 31, 1994; 61 FR 41330, Aug. 8, 1996]
**EXHIBIT 12.3**

 

**PACCAR and Subsidiaries**

 

**COMPUTATION OF RATIO OF EARNINGSTO FIXED CHARGES**

 

**PURSUANT TO SEC REPORTINGREQUIREMENTS**

(Millions of Dollars)

 
| ** **                                         | ** ** | **Nine Months Ended  September 30** | ** **  |
|----------------------------------------------------|------------|------------------------------------------|-------------|
| ** **                                         |       | **2005**                                 |        | **2004** |   |
|                                               |       |                                     |        |   |   |
| FIXED CHARGES                                      |       |                                     |        |   |   |
| Interest expense  - PACCAR and Subsidiaries (1)    | ** ** | **$**                                    | **131.8**   |   | $ | 96.7 |   |
| Portion of  rentals deemed interest                | ** ** | **10.9**                                 |        | 9.6 |   |
|                                               |       |                                     |        |   |   |
| TOTAL FIXED CHARGES                                | ** ** | **$**                                    | **142.7**   |   | $ | 106.3 |   |
|                                               |       |                                     |        |   |   |
| EARNINGS                                           |       |                                     |        |   |   |
| Income before  taxes - PACCAR and Subsidiaries (2) | ** ** | **$**                                    | **1,323.8** |   | $ | 1,001.6 |   |
| Fixed charges                                      | ** ** | **142.7**                                |        | 106.3 |   |
|                                               |       |                                     |        |   |   |
| EARNINGS AS DEFINED                                | ** ** | **$**                                    | **1,466.5** |   | $ | 1,107.9 |   |
|                                               |       |                                     |        |   |   |
| RATIO OF EARNINGS TO FIXED CHARGES                 | ** ** | **10.28**                                | **X**       | 10.42 | X |

 

----

(1)  Exclusive of interest, ifany, paid to PACCAR.

 

(2)  Includes before-tax earningsof wholly-owned subsidiaries.

 

1

----
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

 17,706

 18,948

 18,958

 20,918

 22,405

 22,490

 23,469

 24,774

 24,848

 25,471

 24,419

 24,181

 22,760

 21,719

 20,054

 20,331

 20,275

 22,525

 23,066

 23,376

 23,855

 24,014

 23,488

 23,207

 22,719

 22,127

 21,857

 21,667

 20,472

 19,830

 20,456

 7,308

 6,872

 7,482

 8,725

 9,031

 8,172

 8,527

 8,960

 9,044

 9,723

 9,622

 9,919

 10,816

 10,868

 10,923

 6,545

 10,684

 10,868

 11,037

 11,167

 11,235

 10,584

 11,100

 11,049

 10,983

 10,866

 11,558

 7,653

 11,618

 11,035

 11,618

 13,400

 13,187

 12,857

 13,194

 13,804

 14,496

 15,529

 16,315

 16,554

 16,965

 17,184

 17,277

 17,236

 17,157

 16,249

 14,612

 15,108

 15,493

 16,245

 16,972

 17,244

 17,337

 17,534

 17,419

 17,081

 16,833

 17,270

 16,974

 16,746

 16,217

 15,847

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

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

AUGUST 2018 WATER QUALITY REPORT RUN DATE: September 6, 2018

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

PORT CHICAGO BOTTOM IN SUISUN BAY
§ 9.191 Ramona Valley. ( a ) *Name.* The name of the viticultural area described in this section is “Ramona Valley”. For purposes of part 4 of this chapter, “Ramona Valley” is a term of viticultural significance.
( b ) *Approved Maps.* The two United States Geological Survey 1:100,000 scale topographic (30 × 60 Minute Quadrangle) maps used to determine the boundaries of the Ramona Valley viticultural area are titled— ( 1 ) Borrego Valley, California, 1982 edition; and
( 2 ) El Cajon, California, 1979 edition.
( c ) *Boundary.* The Ramona Valley viticultural area is located in central San Diego County, California. The area's boundaries are defined as follows— ( 1 ) Beginning in the southwest corner of the Borrego Valley map at the 882-meter (2,894-foot) peak of Woodson Mountain, T13S, R1W, proceed straight north-northwest approximately 3.25 miles to the 652-meter (2,140-foot) peak of Starvation Mountain, T13S, R1W (Borrego Valley map); then
( 2 ) Proceed straight east-northeast approximately 12.5 miles to the Gaging Station on the northwest shoreline of Sutherland Lake, T12S, R2E (Borrego Valley map); then
( 3 ) Proceed straight southeast approximately 4.4 miles to the 999-meter (3,278-foot) peak of Witch Creek Mountain, T13S, R2E, east of Ballena Valley (Borrego Valley map); then
( 4 ) Proceed straight south-southeasterly approximately 6.6 miles, crossing onto the El Cajon map, to the summit of Eagle Peak (3,166 feet), T14S, R3E, northeast of the El Capitan Reservoir (El Cajon map); then
( 5 ) Proceed straight west-southwest approximately 12.7 miles, passing through Barona Valley, to the peak (1,002 feet) near the center of the unnamed island in the San Vicente Reservoir, T14S, R1E (El Cajon map); then
( 6 ) Proceed straight northwesterly approximately 3.9 miles to the 822-meter (2,697-foot) peak of Iron Mountain, T14S, R1W (El Cajon map); and
( 7 ) Proceed straight north-northwest approximately 2.8 miles, crossing onto the Borrego Valley map, and return to the beginning point at the peak of Woodson Mountain.
[T.D. TTB-39, 70 FR 72719, Dec. 7, 2005]
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-41677

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ELEAZAR MARTINEZ-NATAREN,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. L-03-CR-1100-ALL

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

Before HIGGINBOTHAM, DAVIS, and PICKERING, Circuit Judges.

PER CURIAM:*

Eleazar Martinez-Nataren pleaded guilty and was convicted of

illegal re-entry in violation of 8 U.S.C. § 1326(b)(2) and

6 U.S.C. §§ 202, 557. On appeal, Martinez-Nataren asserts that

the “felony” and “aggravated felony” provisions of 8 U.S.C.

§ 1326(b)(1) and (2) are unconstitutional in light of Apprendi v.

New Jersey, 530 U.S. 466 (2000). 

Martinez-Nataren concedes that his argument is foreclosed by

Almendarez-Torres v. United States, 523 U.S. 224 (1998), but he

United States Court of Appeals

Fifth Circuit

F I L E D

August 18, 2004

Charles R. Fulbruge III

Clerk
No. 03-41677

-2-

nevertheless seeks to preserve the issue for Supreme Court review

in light of the decision in Apprendi. Apprendi did not overrule

Almendarez-Torres. See Apprendi, 530 U.S. at 489-90; United

States v. Dabeit, 231 F.3d 979, 984 (5th Cir. 2000). We must

follow Almendarez-Torres unless and until the Supreme Court

overrules it. See Dabeit, 231 F.3d at 984. 

Accordingly, the judgment of the district court is AFFIRMED.