alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### **CHAPTER 52—TOBACCO PRODUCTS AND CIGARETTE PAPERS AND TUBES**

Subchapter
Sec. 1
A.
Definitions; rate and payment of tax; exemption from tax; and refund and drawback of tax
5701

B.
Qualification requirements for manufacturers and importers of tobacco products and cigarette papers and tubes, and export warehouse proprietors
5711
C.
Operations by manufacturers and importers of tobacco products and cigarette papers and tubes and export warehouse proprietors
5721
D.
Occupational tax
5731
E.
Records of manufacturers and importers of tobacco products and cigarette papers and tubes, and export warehouse proprietors
5741
F.
General provisions
5751
G.
Penalties and forfeitures
5761

#### **Editorial Notes**

#### Amendments

**1997**—Pub. L. 105–33, title IX, §9302(g)(3)(C), (h)(2)(D), Aug. 5, 1997, 111 Stat. 673, 674, amended chapter heading generally, substituting "TOBACCO PRODUCTS" for "CIGARS, CIGARETTES, SMOKELESS TOBACCO, PIPE TOBACCO,", and inserted "and importers" after "manufacturers" in item for subchapter B.

**1988**—Pub. L. 100–647, title V, §5061(c)(3), Nov. 10, 1988, 102 Stat. 3680, inserted "PIPE TOBACCO," after "SMOKELESS TOBACCO," in chapter heading.

**1987**—Pub. L. 100–203, title X, §10512(f)(2), Dec. 22, 1987, 101 Stat. 1330–449, added item for subchapter D and redesignated items for former subchapters D, E, and F as E, F, and G, respectively.

**1986**—Pub. L. 99–272, title XIII, §13202(b)(1), Apr. 7, 1986, 100 Stat. 311, inserted "SMOKELESS TOBACCO," after "CIGARETTES," in chapter heading.

**1976**—Pub. L. 94–455, title XXI, §2128(d)(2), Oct. 4, 1976, 90 Stat. 1921, substituted "manufacturers and importers" for "manufacturers" in item for subchapter D.

**1965**—Pub. L. 89–44, title V, §502(b)(1), (2), June 21, 1965, 79 Stat. 150, struck out "TOBACCO," from chapter heading, reference to dealers in tobacco materials from heading of subchapter B, heading of subchapter D and redesignated subchapters E, F and G as D, E and F respectively, and struck out in heading of subchapter D (as redesignated) a reference to dealers in tobacco materials.

**1958**—Pub. L. 85–859, title II, §202, Sept. 2, 1958, 72 Stat. 1414, substituted "manufacturers of tobacco products and cigarette papers and tubes, export warehouse proprietors, and" for "manufacturers of articles and" in heading of subchapters B and E, "manufacturers and importers of tobacco products and cigarette papers and tubes and export warehouse proprietors" for "manufacturers of articles" in heading of subchapter C, and "Penalties and forfeitures" for "Fines, penalties and forfeitures" in heading of subchapter G.

1  Section numbers editorially supplied.
August 27, 2013

JUDGMENT

The Fourteenth Court of Appeals

IN THE INTEREST OF D.M.K, C.A.K, J.J.K. AND J.A.K.,

CHILDREN

NO. 14-13-00230-CV

________________________________

This cause, an appeal from a judgment terminating parental rights signed 

February 26, 2013, was heard on the transcript of the record. We have inspected 

the record and find no error in the judgment. We order the judgment of the court 

below AFFIRMED.

We order this decision certified below for observance.

We further order the mandate be issued immediately.
##### 



EXHIBIT 32.2 CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C.
SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT
OF 2002 This certification is provided pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002 and accompanies the Quarterly Report on Form 10-Q (the Form 10-Q)
for the quarter ended June 30, 2004 of Clear Channel Communications, Inc. (the
Issuer). The undersigned hereby certifies that the Form 10-Q fully complies with the
requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act
of 1934 (15 U.S.C. 78m or 78o(d)) and that the information contained in the
Form 10-Q fairly presents, in all material respects, the financial condition
and results of operations of the Issuer. Date: August 4, 2004 By:/s/ RANDALL T. MAYSName: Randall T. MaysTitle: Executive Vice President and Chief Financial Officer
 A signed original of this written statement required by Section 906 has been
provided to the Issuer and will be furnished to the Securities and Exchange
Commission, or its staff, upon request.
#### UNITED STATES of America, Plaintiff-Appellee, v. Martin LOPEZ-SANCHEZ, Defendant-Appellant.

No. 04-41375.

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Decided March 8, 2006.

James Lee Turner, Renata Ann Gowie, Assistant U.S. Attorneys, U.S. Attorney’s Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Margaret Christina Ling, Assistant Federal Public Defender, Federal Public Defender’s Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before BARKSDALE, STEWART and CLEMENT, Circuit Judges.

PER CURIAM: *

Martin Lopez-Sanchez (Lopez) appeals his conviction and sentence for illegal reentry following deportation. Lopez argues *911that the district court committed reversible error under *United States v. Booker,*543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), by sentencing him pursuant to a mandatory application of the Sentencing Guidelines. The Government concedes that Lopez has preserved this issue for appeal. The Government, however, has not shown beyond a reasonable doubt that the error was harmless. *See United States v. Walters,*418 F.3d 461, 463-64 (5th Cir.2005). Accordingly, Lopez’s sentence is vacated, and this case is remanded for resentencing.

He also argues that the “felony” and “aggravated felony” provisions of 8 U.S.C. § 1326(b)(1) and (b)(2) are unconstitutional in light of *Apprendi v. New Jersey,*530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Lopez’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 Lopez 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). Lopez 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.

CONVICTION AFFIRMED; SENTENCE VACATED; REMANDED FOR RESENTENCING.

*

 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.
#### § 2361.3 Authority.

The primary statutory authority for this subpart is the Naval Petroleum Reserves Production Act of 1976, as amended by the Department of the Interior Appropriations Act, Fiscal Year 1981 (Pub. L. 96-514). Additional authority is provided by the Federal Land Policy and Management Act (43 U.S.C. 1701 *et seq.*)—other than the land use planning and wilderness study requirements, which do not apply to the Reserve under 42 U.S.C. 6506a(c)—and the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 *et seq.*).
#### § 3425.1-1 Where filed.

Application for a lease covering lands subject to leasing (43 CFR 3400.2) shall be filed in the Bureau of Land Management State Office having jurisdiction over the lands or minerals involved (43 CFR subpart 1821).
<TABLE> <S> <C>

<ARTICLE> 5
<RESTATED>

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JUL-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                         600,180
<SECURITIES>                                         0
<RECEIVABLES>                                5,073,479
<ALLOWANCES>                                   110,000
<INVENTORY>                                    134,398
<CURRENT-ASSETS>                                     0
<PP&E>                                         763,246
<DEPRECIATION>                                 112,000
<TOTAL-ASSETS>                               6,884,875
<CURRENT-LIABILITIES>                          127,523
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     11,083
<COMMON>                                             0
<OTHER-SE>                                   1,528,750
<TOTAL-LIABILITY-AND-EQUITY>                 6,884,875
<SALES>                                              0
<TOTAL-REVENUES>                             1,232,833
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             1,276,279
<LOSS-PROVISION>                               372,000
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                               (415,446)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (415,446)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (415,446)
<EPS-BASIC>                                     (0.054)
<EPS-DILUTED>                                   (0.054)


</TABLE>
§ 2920.9-1 Construction phase. ( a ) Unless otherwise stated in the land use authorization, construction may proceed immediately upon receipt and acceptance of the land use authorization by the selected applicant.
( b ) Where an authorization to use public lands provides that no construction shall occur until specific permission to begin construction is granted, no construction shall occur until an appropriate Notice to Proceed has been issued by the authorized officer, following the submission and approval of required plans or documents.
( c ) The authorized officer shall inspect and monitor construction as necessary, to assure compliance with approved plans and protection of the resources, the environment and the public health, safety and welfare.
( d ) The holder of a land use authorization may be required to designate a field representative who can accept and act on guidance and instructions from the authorized officer.
( e ) The holder of a land use authorization may be required to provide proof of construction to the approved plan and required standards. Thereafter, operation of the authorized facilities may begin.
# WTRSCHED
#### § 3430.6 Lease issuance.
514748.1 

CHANGE IN PURPOSE OF USE

 7. (a) The parties anticipate that, during the term of this Settlement 

Contract, a gradual change in the purpose of use of water will occur within the place of 

water use shown in Exhibit B from predominantly agricultural purposes to a mixture of 

municipal and industrial, wildlife habitat and agricultural purposes, and the parties agree 

to work cooperatively to accommodate and facilitate such change. Base Supply and 

Project Water furnished to the Contractor pursuant to this Settlement Contract may be 

delivered or furnished by the Contractor for agricultural or municipal and industrial 

purposes: Provided, however, that the Contractor shall not deliver or furnish Base 

Supply or Project Water for municipal and industrial purposes outside those areas 

delineated on Exhibit B, as approved for such purposes by the Contracting Officer, 

without the written consent of the Contracting Officer. Such consent will not be 

unreasonably withheld and a decision will be provided in a timely manner following 

completion of any environmental review required under applicable law.For purposes of 

this Settlement Contract, “agricultural purposes” includes, but is not restricted to, the 

irrigation of crops, the watering of livestock, incidental domestic use including related 

landscape irrigation, or underground water replenishment; and “municipal and industrial 

purposes” includes, but is not limited to, the watering of landscaping or pasture for 

animals (e.g., horses) which are kept for personal enjoyment or water delivered to 

landholdings operated in units of less than 5 acres unless the Contractor establishes to the 
514748.1 

satisfaction of the Contracting Officer that the use of Project Water is for agricultural 

purposes
November 13, 2014 Mr. Kevin Schlemmer, Chief, EAS Division Office ofAviation Analysis U.S. Department ofTransportation 1200 NewJerseyAvenue, S.E. · '' Washington, DC 20590

Re: Continuation ofAlaska Airlines' Essential Air Service at Cordova, Gustavus, Petersburg, Wrangell, and Yakutat, Alaska, Docket OST-1998-4899 Dear Mr. Schlemmer : This letter is to express strong supportforthe selection ofAlaska Airlines to continue to provide essential airservice to our community. Alaska's service connects SoutheastAlaska passengers to one or more major communities of interest, with single-plane service toAnchorage, Juneau, Ketchikan or Seattle. From these hubs, our community can access the airline's extensive route system and benefitfrom its marketing relationships with other carriers. The passenger and cargo aircraft, which AlaskaAirlines proposes to continue using on this route, provides freight, mail and cargo capacity that other carriers simply cannot provide. Further, AlaskaAirlines aircraft are equipped with Required Navigation Performance Technology, which enables the airline to reliably accessthe airport during inclement weather, thus reducing diversions and cancellations and, in turn, enabling people and products to dependably reach the community. Simply put, Alaska Airlines' service is critical to the economicwell being ofour community and 

## 1 supporttheir application to provide Essential Air Service to Southeast Alaska.
Sincerely, Shirley Franklin Petersburg, AK
##### 



Exhibit 32.4 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 The undersigned hereby certifies, in accordance with 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, in his
capacity as an officer of Emmis Operating Company (the Company), that, to his
knowledge:  (1)
    
    the Annual Report of the Company on Form 10-K for the period ended
February 29, 2004, 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 such report fairly presents, in all material
respects, the financial condition and results of operations of the
Company. Dated: May 14, 2004 /s/ WALTER Z. BERGERWalter Z. BergerExecutive Vice President, Treasurerand Chief Financial Officer
<TABLE> <S> <C>


<ARTICLE>                                            9
<LEGEND>
         THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
         FINANCIAL STATEMENTS OF BANK UNITED, FSB FOR THE THREE MONTHS ENDED
         DECEMBER 31, 1999 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>                        SEP-30-2000
<PERIOD-END>                             DEC-31-1999
<CASH>                                   24,797
<INT-BEARING-DEPOSITS>                   48,466
<FED-FUNDS-SOLD>                         0
<TRADING-ASSETS>                         0
<INVESTMENTS-HELD-FOR-SALE>              154,491
<INVESTMENTS-CARRYING>                   234,086
<INVESTMENTS-MARKET>                     228,861
<LOANS>                                  3,421,474
<ALLOWANCE>                              12,486
<TOTAL-ASSETS>                           4,031,988
<DEPOSITS>                               2,360,942
<SHORT-TERM>                             165,000
<LIABILITIES-OTHER>                      46,623
<LONG-TERM>                              1,267,432
<PREFERRED-MANDATORY>                    0
<PREFERRED>                              10
<COMMON>                                 186
<OTHER-SE>                               191,795
<TOTAL-LIABILITIES-AND-EQUITY>           4,031,988
<INTEREST-LOAN>                          60,675
<INTEREST-INVEST>                        8,277
<INTEREST-OTHER>                         0
<INTEREST-TOTAL>                         68,952
<INTEREST-DEPOSIT>                       28,219
<INTEREST-EXPENSE>                       49,763
<INTEREST-INCOME-NET>                    19,189
<LOAN-LOSSES>                            1,200
<SECURITIES-GAINS>                       0
<EXPENSE-OTHER>                          12,988
<INCOME-PRETAX>                          6,308
<INCOME-PRE-EXTRAORDINARY>               3,729
<EXTRAORDINARY>                          431
<CHANGES>                                0
<NET-INCOME>                             3,963
<EPS-BASIC>                              0.22
<EPS-DILUTED>                            0.21
<YIELD-ACTUAL>                           2.06
<LOANS-NON>                              16,032
<LOANS-PAST>                             431
<LOANS-TROUBLED>                         960
<LOANS-PROBLEM>                          0
<ALLOWANCE-OPEN>                         12,107
<CHARGE-OFFS>                            839
<RECOVERIES>                             18
<ALLOWANCE-CLOSE>                        12,486
<ALLOWANCE-DOMESTIC>                     0
<ALLOWANCE-FOREIGN>                      0
<ALLOWANCE-UNALLOCATED>                  0



</TABLE>
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 Colony RIH Holdings, Inc. and Resorts International
Hotel and Casino, Inc. (the Company) on Form 10-K for the period ending December 31, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Anthony Rodio, Chief Executive Officer of
the Company, certify, pursuant to 18 U.S.C. Section 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/ ANTHONY RODIO                    
|Anthony Rodio                        
|President and Chief Executive Officer
|                                     
|April 2, 2007
### §3076. Native working group

#### (a) In general

The Secretary shall convene a Native working group consisting of not fewer than 12 representatives of Indian Tribes and Native Hawaiian organizations with relevant expertise, who shall be nominated by Indian Tribes and Native Hawaiian organizations, to advise the Federal Government in accordance with this section.

#### (b) Recommendations

The Native working group convened under subsection (a) may provide recommendations regarding—

(1) the voluntary return of tangible cultural heritage by collectors, dealers, and other individuals and non-Federal organizations that hold such tangible cultural heritage; and

(2) the elimination of illegal commerce of cultural items and archaeological resources in the United States and foreign markets.

#### (c) Requests

The Native working group convened under subsection (a) may make formal requests to initiate certain agency actions, including requests that—

(1) the Department of Justice initiate judicial proceedings domestically or abroad to aid in the repatriation cultural items and archaeological resources; and

(2) the Department of State initiate dialogue through diplomatic channels to aid in that repatriation.

#### (d) Agency and committee assistance

#### (1) In general

On request by the Native working group convened under subsection (a), the agencies and committees described in paragraph (2) shall make efforts to provide information and assistance to the Native working group.

#### (2) Description of agencies and committees

The agencies and committees referred to in paragraph (1) are the following:

(A) The Department of the Interior.

(B) The Department of Justice.

(C) The Department of Homeland Security.

(D) The Department of State.

(E) The review committee established under section 3006(a) of this title.

(F) The Cultural Heritage Coordinating Committee established pursuant to section 2 of the Protect and Preserve International Cultural Property Act (Public Law 114–151; 19 U.S.C. 2601 note).

(G) Any other relevant Federal agency, committee, or working group.

#### (e) Applicability of Federal Advisory Committee Act

The Federal Advisory Committee Act (5 U.S.C. App.) 1 shall not apply to the Native working group convened under subsection (a).

(Pub. L. 117–258, §8, Dec. 21, 2022, 136 Stat. 2384.)

#### **Editorial Notes**

#### References in Text

The Federal Advisory Committee Act, referred to in subsec. (e), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 10 (§1001 et seq.) of Title 5 by Pub. L. 117–286, §§3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table preceding section 101 of Title 5.

1 See References in Text note below.
Exhibit 31.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO  SECURITIES EXCHANGE ACT RULES 13A-14 AND 15D-14  AS ADOPTED PURSUANT TO  SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I,
Mark R. Goldston, certify that:

1.     I
have reviewed this Annual Report on Form 10-K of United Online, Inc.;

2.     Based
on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in
light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

3.     Based
on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition,
results of operations and cash flows of the Registrant as of, and for, the periods presented in this report;

4.     The
Registrant's other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f))
for the Registrant and we have:



5.     The
Registrant's other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the Registrant's
auditors and to the audit committee of the Registrant's board of directors (or persons performing the equivalent functions):



|Date: February 20, 2008 |  | /s/MARK R. GOLDSTONMark R. Goldston Chairman, President and Chief
Executive Officer
|----------------------- |  | -----------------------------------------------------------------------------------

---



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