alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 23.1




CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM















To the Board of Directors




India Globalization Capital, Inc.








We consent to the incorporation by reference in the following Registration Statements:







1.

Registration Statement No. 333-160993 on Form S-3 of India Globalization Capital, Inc.;2.

Registration Statement No. 333-163548 on Form S-3 of India Globalization Capital, Inc.;3.

Registration Statement No. 333-124942 on Form S-3 of India Globalization Capital, Inc., as most recently amended by Post Effective Amendment No. 6.4.

Registration Statement No. 333-171609 on Form S-8 pertaining to the India Globalization Capital, Inc. 2008 Omnibus Incentive Plan.






of our report dated July 13, 2010 (expect for Note 18, as to which the report is dated January 25, 2011) with respect to the consolidated financial statements of India Globalization Capital Inc. included in this Annual Report (Form 10-K/A) of India Globalization Capital Inc. for the year ended March 31, 2010.








YOGANANDH & RAM






/s/Yoganandh & Ram




Chennai, India






January 27, 2011
### §4343. Regulations

#### (a) Issuance; purpose

The Secretary of State may issue regulations to carry out the purposes of this chapter. The primary purpose of such regulations and related policies, rules, and procedures shall be to assure that employees and members of their families do not profit personally from sales or other transactions with persons who are not themselves entitled to exemption from import restrictions, duties, or taxes.

#### (b) Contractors

Such regulations shall require that, to the extent contractors enjoy importation or tax privileges in a foreign country because of their contractual relationship to the United States Government, after the effective date of this chapter contracting agencies shall include provisions in their contracts to carry out the purpose of this chapter.

#### (c) Chief of mission

In order to ensure that due account is taken of local conditions, including applicable laws, markets, exchange rate factors, and accommodation exchange facilities, such regulations may authorize the chief of mission to each foreign country to establish more detailed policies, rules, or procedures for the application of this chapter within that country to employees under the chief of mission's jurisdiction.

(Aug. 1, 1956, ch. 841, title III, §303, as added Pub. L. 100–204, title I, §186(a), Dec. 22, 1987, 101 Stat. 1368.)

#### **Editorial Notes**

#### References in Text

For the effective date of this chapter, referred to in subsec. (b), as being 180 days after Dec. 22, 1987, see section 186(b) of Pub. L. 100–204 set out as an Effective Date note under section 4341 of this title.

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

#### Effective Date

Section effective 180 days after Dec. 22, 1987, see section 186(b) of Pub. L. 100–204, set out as a note under section 4741 of this title.
§ 404.976 Procedures before the Appeals Council. Cross Reference
Link to an amendment published at 89 FR 68362 , Aug. 26, 2024.
( a ) *Limitation of issues.* The Appeals Council may limit the issues it considers if it notifies you and the other parties of the issues it will review.
( b ) *Evidence the Appeals Council will exhibit.* The Appeals Council will evaluate all additional evidence it receives, but will only mark as an exhibit and make part of the official record additional evidence that it determines meets the requirements of § 404.970(a)(5) and (b). If we need to file a certified administrative record in Federal court, we will include in that record all additional evidence the Appeals Council received during the administrative review process, including additional evidence that the Appeals Council received but did not exhibit or make part of the official record.
( c ) *Oral argument.* You may request to appear before the Appeals Council to present oral argument in support of your request for review. The Appeals Council will grant your request if it decides that your case raises an important question of law or policy or that oral argument would help to reach a proper decision. If your request to appear is granted, the Appeals Council will tell you the time and place of the oral argument at least 10 business days before the scheduled date. The Appeals Council will determine whether your appearance will be by video teleconferencing or in person, or, when the circumstances described in § 404.936(c)(2) exist, the Appeals Council may schedule you to appear by telephone. The Appeals Council will determine whether any other person relevant to the proceeding will appear by video teleconferencing, telephone, or in person as based on the circumstances described in § 404.936(c)(4).
[81 FR 90994, Dec. 16, 2016, as amended at 84 FR 69306, Dec. 18, 2019; 85 FR 73157, Nov. 16, 2020]
Exhibit
32.1




CERTIFICATION
PURSUANT TO 18 U.S.C. SECTION 1350,


AS
ADOPTED PURSUANT TO SECTION 906


OF
THE SARBANES-OXLEY ACT OF 2002




In
connection with the Annual Report of Linn Energy, LLC (the “Company”) on
Form 10-K for the year ended December 31, 2008 as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I, Michael
C. Linn, Chief Executive Officer of the Company, certify, pursuant to
18 U.S.C § 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that:




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




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










/s/  Michael C.
Linn


Michael
C. Linn


Chairman
and Chief Executive Officer




Date:
February 26, 2009
#### William S. Lehon, an Infant, by Harold J. Lehon, His Guardian ad Litem, Respondent-Appellant, v. Charles F. Denniston et al., Appellants; Harry P. Egeling, Respondent, et al., Defendants.

Judgments and orders reversed on the law and facts and a new trial granted, with costs to the appellants to abide the event, on the ground that the verdict is against the weight of the evidence. All concur. (One judgment is for plaintiff against defendants Denniston and one judgment is for defendant Egeling for no cause of action, in an automobile negligence action. The order denies appellants’ motion for a new trial.) Present— Taylor, P. J., MeCurn, Love, Vaughan and Kimball, Jj. [See 274 App. Div. 851.]
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
The schedule contains summary financial information extracted from Dean
Witter Cornerstone Fund II and is qualified in its entirety by
reference to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                    9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                      28,431,683
<SECURITIES>                                         0
<RECEIVABLES>                                  159,418<F1>
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              29,733,482<F2>
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                29,733,482<F3>
<SALES>                                              0
<TOTAL-REVENUES>                             2,299,409<F4>
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             2,282,281
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 17,128
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             17,128
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    17,128
<EPS-BASIC>                                        0
<EPS-DILUTED>                                        0
<FN>
<F1>Receivables include interest receivable of $95,830 and due
from DWR of $63,588.
<F2>In addition to cash and receivables, total assets include net
unrealized gain on open contracts of $1,142,381.
<F3>Liabilities include redemptions payable of $183,097, accrued
management fees of $97,811, and accrued administrative expenses
of $57,947.
<F4>Total revenue includes realized trading revenue of $2,380,942, net
change in unrealized of $(913,771) and interest income of $832,238.
</FN>


</TABLE>
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

 3,057

 3,592

 3,488

 2,852

 1,287

 2,586

 2,451

 2,907

 2,316

 2,729

 2,844

 3,503

 3,353

 3,511

 3,217

 2,748

 3,084

 2,792

 2,599

 3,066

 3,231

 3,060

 6,068

 12,534

 4,898

 4,685

 3,328

 3,910

 4,787

 4,538

 5,160

 95,000

 93,154

 91,909

 90,627

 88,805

 85,587

 83,765

 81,905

 80,571

 78,743

 77,398

 76,230

 75,747

 75,145

 74,723

 74,043

 72,951

 72,234

 71,274

 70,180

 69,583

 69,174

 68,622

 70,955

 79,315

 80,002

 80,453

 79,592

 79,327

 79,908

 80,224

UNITED STATES DEPARTMENT OF THE INTERIOR

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

OCTOBER 2010 SHASTA LAKE FLOOD CONTROL REQUIREMENTS RUN DATE: November 1, 2010

 98,057

 96,746

 95,397

 93,479

 90,092

 88,173

 86,216

 84,812

 82,887

 81,472

 80,242

 79,733

 79,100

 78,656

 77,940

 76,791

 76,035

 75,026

 73,873

 73,246

 72,814

 72,234

 74,690

 83,489

 84,213

 84,687

 83,781

 83,502

 84,114

 84,446

 85,384

 4,531,000

 4,509,000

 4,488,000

 4,467,000

 4,445,000

 4,424,000

 4,403,000

 4,382,000

 4,360,000

 4,339,000

 4,318,000

 4,296,000

 4,275,000

 4,254,000

 4,232,000

 4,211,000

 4,190,000

 4,168,000

 4,147,000

 4,126,000

 4,104,000

 4,083,000

 4,062,000

 4,041,000

 4,019,000

 3,998,000

 3,977,000

 3,955,000

 3,934,000

 3,913,000

 3,891,000

 SHASTA

INFLOW 

C. F. S. 

 PREV DAY

 F. C. PAR 

 (COL 3) 

 X .95 

 F. C. 

 PARAM 

 (COLS. 

 1 + 2 ) 

 .0356* 

 X DAYS 

 12/23 THRU

3/20 

 530,000

 MINUS 

 F. C. 

 PARAM

 (COL 3)

 COLS 

 4 X 5 

 F. C. 

 RESERV 

 (1,300,000 

 - COL 6 ) 

 MINUS 

 14,943 

 PER DAY

 AFTER 

 3/20 

 ADJUSTED

 F. C. 

 RESERV 

 (7-8) 

 PERM 

 STORAGE 

 COMMENTS:

 * LEAP YEAR CONSTANT = .0352 

 CONSTANT .0356 = 1,300,000 / (TOTAL DAYS X (530,000 - 110,000 ) )

 IF COL 3 IS GREATER THAN 530,000 OR LESS THAN 110,000 USE THOSE VALUES FOR COL 3 INSTEAD OF THE COMPUTED VALUE. 

 1 2 3 4 5 6 7 8 

 100,000
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 HIGH

 517

 455

 459

 464

 505

 568

 582

 550

 630

 656

 587

 449

 428

 405

 399

 396

 391

 399

 502

 496

 534

 583

 523

 473

 490

 600

 640

 611

 536

 598

 216

 228

 254

 260

 256

 261

 251

 221

 201

 215

 228

 200

 193

 204

 211

 185

 213

 215

 221

 215

 229

 216

 199

 202

 198

 190

 204

 212

 227

 206

 398

 366

 382

 389

 390

 409

 415

 404

 405

 410

 423

 380

 356

 339

 329

 300

 316

 325

 348

 352

 350

 358

 334

 333

 328

 340

 353

 369

 382

 358

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

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

NOVEMBER 2014 WATER QUALITY REPORT RUN DATE: December 1, 2014

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

SAN ANDREAS ON THE SAN JOAQUIN RIVER
CENTRAL VALLEY OPERATIONS OFFICE

CHINOOK SALMON REPORT

June 2010

Preliminary Data - Subject to Change

Colored background verified with DFG's report 

Winter Run Chinook Salmon Estimated Loss (Incidental Take) Spring Run Chinook Salmon Estimated Loss (Incidental Take) 

Daily SWP Daily CVP Daily Combined Season Combined Daily SWP Daily CVP Daily Combined Season Combined Daily 

Tagged* No Tag Tagged* No Tag Tagged* No Tag Tagged* No Tag Tagged No Tag Tagged No Tag Tagged No Tag Tagged No Tag In C

DATE Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated

Loss Loss Loss Loss Loss Loss Loss Loss Loss Loss Loss Loss Loss Loss Loss Loss

1-Jun-10 0000 0 0 2,361 1,663 0 79 0 3 0 82 73 6,001 2,819 2-Jun-10 0000 0 0 2,361 1,663 0 20 0 0 0 20 73 6,021 3,625 

3-Jun-10 0000 0 0 2,361 1,663 0 21 0 3 0 24 73 6,045 3,425 

4-Jun-10 0000 0 0 2,361 1,663 0 0 0 32 0 32 73 6,077 3,797 

5-Jun-10 0000 0 0 2,361 1,663 0002 0 2 73 6,079 3,714 

6-Jun-10 0000 0 0 2,361 1,663 0000 0 0 73 6,079 3,774 

7-Jun-10 0000 0 0 2,361 1,663 0000 0 0 73 6,079 3,960 

8-Jun-10 0000 0 0 2,361 1,663 0000 0 0 73 6,079 3,961 

9-Jun-10 0000 0 0 2,361 1,663 0000 0 0 73 6,079 4,004 

10-Jun-10 0000 0 0 2,361 1,663 0000 0 0 73 6,079 4,006 

11-Jun-10 0000 0 0 2,361 1,663 0000 0 0 73 6,079 3,504 

12-Jun-10 0000 0 0 2,361 1,663 0000 0 0 73 6,079 3,378 

13-Jun-10 0000 0 0 2,361 1,663 0000 0 0 73 6,079 3,520 

14-Jun-10 0000 0 0 2,361 1,663 0000 0 0 73 6,079 3,502 

15-Jun-10 0000 0 0 2,361 1,663 0000 0 0 73 6,079 3,046 

16-Jun-10 0000 0 0 2,361 1,663 0000 0 0 73 6,079 2,235 

17-Jun-10 0000 0 0 2,361 1,663 0000 0 0 73 6,079 2,791 

18-Jun-10 0000 0 0 2,361 1,663 0000 0 0 73 6,079 3,291 

19-Jun-10 0000 0 0 2,361 1,663 0000 0 0 73 6,079 3,823 

20-Jun-10 0000 0 0 2,361 1,663 0000 0 0 73 6,079 3,833 

21-Jun-10 0000 0 0 2,361 1,663 0000 0 0 73 6,079 3,995 

22-Jun-10 0000 0 0 2,361 1,663 0000 0 0 73 6,079 3,184 

23-Jun-10 0000 0 0 2,361 1,663 0000 0 0 73 6,079 2,966 

24-Jun-10 0000 0 0 2,361 1,663 0000 0 0 73 6,079 2,136 

25-Jun-10 0000 0 0 2,361 1,663 0000 0 0 73 6,079 2,531 

26-Jun-10 0000 0 0 2,361 1,663 0000 0 0 73 6,079 2,186 

27-Jun-10 0000 0 0 2,361 1,663 0000 0 0 73 6,079 2,193 

28-Jun-10 0000 0 0 2,361 1,663 0000 0 0 73 6,079 2,396 

29-Jun-10 0000 0 0 2,361 1,663 0000 0 0 73 6,079 3,404 

30-Jun-10 0000 0 0 2,361 1,663 0000 0 0 73 6,079 4,327 

Total 0 0 0 0 0 0 2,361 1,663 0 120 0 40 0 160 73 6,079 99,325 9

Winter Run Incidental Take Levels (Oct 1 thru May 31 Spring Run Incidental Take Levels for Season Combined Total (Oct 1 thru Jun 3* Represents number to be reported upon verification

Banks Tr
This .zip file contains graphic files (in .png format) of each chart and graph in the Economic Research Service report "The Role of Time in Fast-Food Purchasing Behavior in the 
United States" ERR-178, published in November 2014. The content and context of these files is as of the publication date of the report. After time, 
the material may not reflect the current ERS program of work, may be outdated, and/or superseded, so please visit the website to obtain the latest information: 
www.ers.usda.gov. Any reuse of these images should include attribution to "Economic Research Service/USDA."

The following inventory lists each of the files in this folder.


File name			Description       
(Fig01.png)			Figure 1 - Time spent in various activities on an average day, 2003-11, age 18 and older   
(Fig02.png)			Figure 2 - Participation rates for FAFH, on an average day, 2003-11, age 18 and older
(Fig03.png)			Figure 3 - Distribution of eating behaviors, 2003-11, age 18 and older   
(Fig04.png)			Figure 4 - Participation rates of fast-food and sit-down purchasers, age 18 and older
(Fig05.png)			Figure 5 - Participation rates of fast-food and sit-down purchasers, age 18 and older, by employment status
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 HIGH

 712

 676

 654

 404

 312

 295

 298

 367

 512

 371

 449

 490

 713

 798

 901

 902

 888

 814

 621

 596

 546

 578

 777

 844

 1,024

 1,045

 1,064

 879

 739

 663

 174

 178

 174

 187

 171

 193

 211

 218

 231

 230

 229

 238

 220

 217

 220

 232

 227

 231

 226

 229

 225

 238

 247

 250

 284

 243

 285

 257

 236

 241

 371

 339

 310

 297

 263

 256

 266

 281

 322

 303

 305

 327

 376

 424

 463

 484

 476

 466

 440

 408

 374

 393

 424

 497

 525

 556

 545

 469

 437

 430

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

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

NOVEMBER 2008 WATER QUALITY REPORT RUN DATE: December 5, 2008

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

SAN ANDREAS ON THE SAN JOAQUIN RIVER
[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:****Water quality in principalaquifers of the United States, 1991-2010**
 
Report | Reportlow resolution | Appendix 1-3 | Appendix 4 | Dataarchive
 
SuDoc Number:I 19.4/2:1360
Item Number:0620-A (online)
CGP systemNumber:000942771
 
April 26, 2018
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

 1,871

 2,359

 2,620

 2,914

 2,298

 2,170

 2,166

 2,536

 4,080

 3,998

 3,618

 3,743

 3,599

 3,628

 3,482

 3,179

 3,395

 3,622

 3,660

 4,316

 3,973

 3,496

 3,956

 3,220

 2,927

 5,400

 5,842

 4,683

 4,130

 4,705

 77,307

 75,219

 73,699

 72,503

 71,646

 70,247

 68,796

 67,414

 66,453

 67,006

 67,454

 67,518

 67,698

 67,732

 67,792

 67,711

 67,345

 67,203

 67,284

 67,397

 68,127

 68,495

 68,391

 68,730

 68,353

 67,716

 69,460

 71,537

 72,409

 72,712

UNITED STATES DEPARTMENT OF THE INTERIOR

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

NOVEMBER 2019 SHASTA LAKE FLOOD CONTROL REQUIREMENTS RUN DATE: December 20, 2019

 79,178

 77,578

 76,319

 75,417

 73,944

 72,417

 70,962

 69,950

 70,533

 71,004

 71,072

 71,261

 71,297

 71,360

 71,274

 70,890

 70,740

 70,825

 70,944

 71,713

 72,100

 71,991

 72,347

 71,950

 71,280

 73,116

 75,302

 76,220

 76,539

 77,417

 3,870,000

 3,849,000

 3,827,000

 3,806,000

 3,785,000

 3,763,000

 3,742,000

 3,721,000

 3,700,000

 3,678,000

 3,657,000

 3,636,000

 3,614,000

 3,593,000

 3,572,000

 3,550,000

 3,529,000

 3,508,000

 3,486,000

 3,465,000

 3,444,000

 3,422,000

 3,401,000

 3,380,000

 3,359,000

 3,337,000

 3,316,000

 3,295,000

 3,273,000

 3,252,000

 SHASTA

 INFLOW 

C. F. S. 

 PREV DAY

 F. C. PAR 

 (COL 3) 

 X .95 

 F. C. 

 PARAM 

 (COLS. 

 1 + 2 ) 

 .0356* 

 X DAYS 

 12/23 THRU

3/20 

 530,000

 MINUS 

 F. C. 

 PARAM

 (COL 3)

 COLS 

 4 X 5 

 F. C. 

 RESERV 

 (1,300,000 

 - COL 6 ) 

 MINUS 

 14,943 

 PER DAY 

 AFTER 

 3/20 

 ADJUSTED 

 F. C. 

 RESERV 

 (7-8) 

 PERM 

 STORAGE 

 COMMENTS:

 * LEAP YEAR CONSTANT = .0352 

 CONSTANT .0356 = 1,300,000 / (TOTAL DAYS X (530,000 - 110,000 ) )

 IF COL 3 IS GREATER THAN 530,000 OR LESS THAN 110,000 USE THOSE VALUES FOR COL 3 INSTEAD OF THE COMPUTED VALUE. 

 1 2 3 4 5 6 7 8 

 81,376
EXHIBIT 32.1



             CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER
                  PURSUANT TO 18 U.S.C. SECTION 1350

                        AS ADOPTED PURSUANT TO
            SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



     In connection with the Quarterly Report on Form 10Q of First
Keystone Corporation (the "Corporation") for the period ended June
30, 2005, as filed with the Securities and Exchange Commission (the
"Report"), I, J. Gerald Bazewicz, President and CEO, certify,
pursuant to 18 U.S.C. Section 1350, as added by Section 906 of the
Sarbanes-Oxley Act of 2002, that to my knowledge:

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

    2.  The information contained in the Report fairly presents, in
        all material respects, the financial condition and results
        of operations of the Corporation as of and for the period
        covered by the Report.





                                  /s/ J. Gerald Bazewicz
                                  J. Gerald Bazewicz
                                  President and CEO


August 5, 2005


                                28
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 12

- 41091 Conference Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v.
ANGEL MONDRAGON GARCIA , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:12

- CR

- 370

- 1

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before HIGGINBOTHAM, SMITH, and GRAVES, Circuit Judges. PER CURIAM: * We granted appellant Angel Mondragon Garcia’s motion for summary disposition and affirmed, United States v. Mondragon Garcia , 539 F. Ap p’x 34 5 (5th Cir. 2013) , because Mondragon Garcia’s challenge to the denial of an
additional one

- level reduction under U.S.S.G. § 3E1.1(b) was foreclosed by United States v. Newson , 515 F.3d 374, 377

- 78 (5th Cir. 2008). The Supreme

* Pursuant to 5 TH C IR

. 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 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED June 10, 2014 Lyle W. Cayce Clerk Case: 12-41091 Document: 00512658014 Page: 1 Date Filed: 06/10/2014No. 12

- 41091

Court vacated and reman ded “for further consideration in light of the position asserted by the Solicitor General.” Garcia v. United States , 134 S. Ct. 1539 (2014). Amendment 775 to the United States Sentencing Guidelines, which became effective November 1, 2013, after the decision by this court, provides that the government should not withhold the additional one

- level reduction under § 3E1.1(b) based on interests not identified in the guideline, such as whether the defendant agrees to waive the right to appeal. U.S.S.G. Manual, Supp. to App. C, Amendment 775, at 43

- 46 (2013). In United States v. Villegas Palacios , No. 13

- 40153, 2014 WL 2119096, at *1 (5th Cir. May 21, 2014) , we applied Amendment 775 to a case on direct appeal in which the error was preserved and the government conceded error. The panel announced that the other judges on the Court have reviewed this opinion, and all active judges have ass ented. The Court en banc therefore concludes Newson

— to the extent it may constrain us from applying Amendment 775 to cases pending on direct appeal under our rule of orderliness

— is abrogated in light of Amendment 775.
Id . n.1. In light of the Supreme Cou rt’s order and Villegas Palacios , the judgment is VACATED and REMANDED for resentencing.

2 Case: 12-41091 Document: 00512658014 Page: 2 Date Filed: 06/10/2014