alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 13

- 40243 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v. GABRIEL SANCHEZ

- CRUZ , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:12

- CR

- 1268

Before KING, DeMOSS, and GRAVES, Circuit Judges. PER CURIAM: * Gabriel Sanchez

- Cruz appeals the 57

- month sentence imposed upon his guilty plea conviction for being found unlawfully present in the United States after having previously been deported, in violation o f 8 U.S.C. § 1326. The district court enhanced Sanchez

- Cruz’s sentence based upon its finding that his prior California conviction for lewd acts with a child aged 14 or 15 was a conviction for a crime of violence under U.S.S.G. § 2L1.2(b)(1)(A). Sanchez

-

* 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 R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances se t forth in 5 TH C IR

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

### FILED December 11, 2013 Lyle W. Cayce Clerk Case: 13-40243 Document: 00512467465 Page: 1 Date Filed: 12/11/2013No. 13

- 40243 Cruz argues that the offense for which he was convicted did not qualify as a crime of violence because the statute under which he was convicted was overly broad and did not constitute “sexual abuse of a minor.” Sanchez

- Cruz did not object on this basis in the district court. Accordingly, we review for plain error only. See United States v. Chavez

Hernandez , 671 F.3d 494, 497 (5th Cir. 2012). In 2006, Sanchez

- Cruz was convicted un der C AL

. P ENAL C ODE A NN

. § 288(c ) (1) . Under a plain meaning approach, his conviction was for the enumerated offense of “ sexual abuse of a minor ” and, accordingly, a crime of violence under § 2L1.2(b)(1)(A)(ii). See § 2L1.2, comment (n.1(B )(iii)); United States v. Rodriguez , 711 F.3d 541, 5 52

- 53 (5th Cir. 2013) (e n banc) , petition for cert. filed (June 6, 2013) (No. 12

- 10695)

. Sanchez

- Cruz cannot demonstrate that the district court committed a clear or obvious error. See Puckett v. United States , 556 U.S. 129, 135 (2009) ; see also United States v. Henao

- Melo , 591 F.3d 798, 806 (5th Cir. 2009)

. The judgment of the district court is AFFIRMED.

2 Case: 13-40243 Document: 00512467465 Page: 2 Date Filed: 12/11/2013
### §212. Expenses for production of income

In the case of an individual, there shall be allowed as a deduction all the ordinary and necessary expenses paid or incurred during the taxable year—

(1) for the production or collection of income;

(2) for the management, conservation, or maintenance of property held for the production of income; or

(3) in connection with the determination, collection, or refund of any tax.

(Aug. 16, 1954, ch. 736, 68A Stat. 69.)

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

#### Denial of Deduction for Amounts Paid or Incurred on Judgments in Suits Brought To Recover Price Increases in Purchase of New Principal Residence

No deductions to be allowed in computing taxable income for two-thirds of any amount paid or incurred on a judgment entered against any person in a suit brought under section 208(b) of Pub. L. 94–12, see section 208(c) of Pub. L. 94–12, set out as a note under section 44 of this title.
## In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

No. 06

- 12

- 00117

- CR

JERRY DON WHATLEY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 294th District Court

Van Zandt County, Texas

Trial Court No. CR05

- 00442

Before Morriss, C.J., Carter and Moseley, JJ.2 

### O R D E R

Jerry Don Whatley appeals from his conviction of aggravated sexual assault. The cle rk’s

record was filed July 6, 2012, and the reporter’s record was filed October 4, making the

appellant’s brief due November 5. On November 7, counsel for appellant filed a motion seeking

an extension of appellant’s briefing deadline. The motion was gran ted, and the deadline was

extended to December 5. On December 7, counsel for appellant filed a motion seeking a second

extension of the briefing deadline. Again, the motion was granted, and the deadline was

extended to January 7, 2013. On January 7, cou nsel for appellant filed a third motion to extend

the deadline for filing appellant’s brief.

We have reviewed counsel ’s third motion to extend and the record on appeal, and w e

have been provided with no compelling information to convince us that this brief requires more

time to prepare. The motion to extend time to file appellant’s brief is overruled.

We order counsel to file appellant’s brief with this Court on or before February 14, 2013

.

IT IS SO ORDERED.

BY THE COURT

Date: January 16 , 2013
#### Anna Spool et al., on Behalf of Themselves and All Other Property Owners in the Town of Brookhaven, Suffolk County, Similarly Situated, Appellants, v. Woodhull Landing Company, Inc., et al., Respondents.

Motion for leave to appeal to the Court of Appeals denied. Present — Lewis, P. J., Carswell, Johnston, Adel and Wenzel, JJ . [See *ante,*p. 825.]
----

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 Consolidated Pictures Corp. (the "Company") on Form 10-KSB for the year ending December 31, 2003 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Avery Pack, President, 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 result of operations of the Company.

Date: March 29, 2004

| /s/ Avery Pack                                                                   |
|----------------------------------------------------------------------------------|
|                                                                                  |
| Avery Pack           Principal Executive Officer and Principal Financial Officer |
#### § 3205.12 How will BLM respond to direct use lease applications on lands managed by another agency?

BLM will respond to a direct use lease application on lands managed by another surface management agency by forwarding the application to that agency for its review. If that agency consents to lease issuance and recommends that the lands are appropriate for direct use operations, without sale, for purposes other than commercial generation of electricity, BLM will consider that consent and recommendation in determining whether to issue the lease. BLM may not issue a lease without the consent of the surface management agency.
§ 3802.1-1 When required. An approved plan of operations is required for operations within lands under wilderness review prior to commencing: ( a ) Any mining operations which involve construction of means of access, including bridges, landing areas for aircraft, or improving or maintaining such access facilities in a way that alters the alignment, width, gradient size, or character of such facilities;
( b ) Any mining operations which destroy trees 2 or more inches in diameter at the base;
( c ) Mining operations using tracked vehicles or mechanized earth moving equipment, such as bulldozers or backhoes;
( d ) Any operations using motorized vehicles over other than *open use areas and trails* as defined in subpart 6292 of this title, *off-road vehicles,* unless the use of a motorized vehicle can be covered by a temporory use permit issued under part 2930 of this chapter;
( e ) The construction or placing of any mobile, portable or fixed structure on public land for more than 30 days;
( f ) On mining operations requiring the use of explosives; or
( g ) Any operation which may cause changes in a water course.
[45 FR 13974, Mar. 3, 1980, as amended at 67 FR 61745, Oct. 1, 2002]
#### Florence C. Cluin, as Administratrix of the Estate of Edmund C. Cluin, Deceased, Respondent, v. La Salle Enterprises, Inc., et al., Defendants, and George M. Clarke, Individually and as Trustee under the Will of Gertrude R. Wilson, Deceased, Appellant.

Judgment unanimously 1 affirmed, with costs. No opinion. Present — Peck, P. J., Dore, Cohn, Callahan and Van Voorhis, JJ.
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

ONEAL RON MORRIS,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D18-1490

[August 9, 2018]

Appeal of order denying rule 3.801 motion from the Circuit Court for 

the Seventeenth Judicial Circuit, Broward County; Michael I. Rothschild, 

Judge; L.T. Case No. 12-11009CF10A.

Oneal Ron Morris, Lake City, pro se. 

No appearance required for appellee. 

PER CURIAM.

Affirmed. 

GROSS, TAYLOR and LEVINE, JJ., concur. 

* * *

Not final until disposition of timely filed motion for rehearing.
§ 30.412 What will OHA do when it receives BIA's notification that an appraisal/valuation has been completed? When OHA receives BIA's notification that an appraisal/valuation has been completed and BIA files a Petition to Complete Purchase at Probate, OHA will issue an Order to Submit Bids to all potential bidders to submit bids for property interests with pending purchase at probate requests. ( a ) Potential bidders may submit bids even if they have not previously submitted a request to purchase at probate.
( b ) OHA will identify the individuals/entities who are eligible to submit bids for each property interest available for purchase at probate.
================================================================================

                                  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




I, Theodore Tsagkaris,  certify,  pursuant to 18 U.S.C. Section 1350, as adopted
pursuant  to  Section  906 of the  Sarbanes-Oxley  Act of 2002,  that the Annual
Report on Form  10-KSB of Tari Inc.,  for the fiscal  year ended  March 31, 2005
fully complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934 and that the information  contained in the Annual Report on
Form 10-KSB fairly presents in all material respects the financial condition and
results of operations of Tari Inc.

Date:  June 30, 2005

                                                /s/ Theodore Tsagkaris
                                                ------------------------------
                                                Theodore Tsagkaris
                                                President, C.E.O. and Director
                                                (Principal Executive Officer)
### §2045. Prior interests

Except as otherwise specifically provided by law, sections 2034 to 2042, inclusive, shall apply to the transfers, trusts, estates, interests, rights, powers, and relinquishment of powers, as severally enumerated and described therein, whenever made, created, arising, existing, exercised, or relinquished.

(Aug. 16, 1954, ch. 736, 68A Stat. 388, §2044; Pub. L. 94–455, title XX, §2001(c)(1)(M), Oct. 4, 1976, 90 Stat. 1853; renumbered §2045, Pub. L. 97–34, title IV, §403(d)(3)(A)(i), Aug. 13, 1981, 95 Stat. 304.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 2045 was renumbered section 2046 of this title.

#### Amendments

1976—Pub. L. 94–455 substituted "specifically provided by law" for "specifically provided therein".

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

#### Effective Date of 1976 Amendment

Amendment by Pub. L. 94–455 applicable to estates of decedents dying after Dec. 31, 1976, see section 2001(d) of Pub. L. 94–455, set out as a note under section 2001 of this title.
#### Robert J. McKibbin, Respondent, v. Philadelphia and Reading Railway Company, Appellant.

Order affirmed, with ten dollars costs and disbursements, on the authority of *Pope*v. *Terre Haute Car Mfg. Co.*(87 N. Y. 137) and *Grant*v. *Cananea Consol. Copper Co.*(189 id. 241). Jenks, P. J., Thomas, Carr, Rich and Putnam, JJ., concurred.
### PART IV—SIGNING AND VERIFYING OF RETURNS AND OTHER DOCUMENTS

Sec.
6061.
Signing of returns and other documents.
6062.
Signing of corporation returns.
6063.
Signing of partnership returns.
6064.
Signature presumed authentic.
6065.
Verification of returns.
#### § 3510.20 Do I have to pay a fee to modify my existing lease or obtain a fringe acreage lease?

Yes. Before BLM issues a new fringe acreage lease or modifies your existing lease, you must pay a bonus in an amount we will determine based on an appraisal or other appropriate means. The bonus cannot be less than $1 per acre or fraction of an acre.
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29

30

31

DAY HIGH

 722

 707

 685

 600

 606

 590

 571

 490

 484

 402

 428

 524

 552

 626

 566

 609

 566

 633

 540

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 458

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 432

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 442

 447

 450

 454

 451

 461

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

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

MARCH 2008 WATER QUALITY REPORT RUN DATE: April 8, 2008

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

VICTORIA CANAL ON THE MIDDLE RIVER
Electrical Conductivity, UMHOS

Day High Low Mean

1 471 458 466

2 470 439 461

3 470 437 461

4 468 451 460

5 473 440 464

6 473 454 468

7 468 431 459

8 462 429 456

9 459 403 449

10 459 449 454

11 457 414 448

12 451 424 445

13 448 406 438

14 450 430 442

15 441 382 427

16 446 379 431

17 443 422 436

18 438 399 429

19 436 409 429

20 433 399 424

21 435 388 419

22 434 417 426

23 433 414 422

24 425 369 413

25 429 363 415

26 436 420 428

27 445 377 421

28 441 403 430

29 440 415 432

30 442 419 432

COMMENT(S):

0 reading indicates that the station was out of service.

Historical Archive and Report Database

Victoria Canal On The Middle River

Period: November 2022 Run Date: 12/8/2022
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03

- 16

- 00775

- CV

In re Miguel Castillo

R. H., Appellant

v.

Texas Department of Family and Protective Services, Appellee

FROM THE 421ST DISTRICT COURT OF CALDWELL COUNTY, NO. 15

- FL

- 221, THE H ON ORABLE TODD A. BLOME RTH, JUDGE PRESIDING

O R D E R T O S H O W C A U S E

PER CURIAM

This is a contempt proceeding ancillary to the appeal of R. H. The subject of this

proceeding is Miguel Castillo , appellant’s attorney.

Appellant filed h er n otice of appeal on November 14, 2016 , and h er brief was due

January 3, 2017 . On December 29, 2016, we ordered counsel to file appellant’s brief no later

than January 23, 2017 . To date, appellant’s brief has not been filed.

Therefore, it is hereby orde red that Miguel Castillo shall appear in person before

this Court on Wednes day

, February 22, 2017 , at 9:00 a .m. , in the Third Court of Appeals

courtroom, located on the first floor of the Price Daniel, Sr. Building, 209 West 14th Street, in

Austin, Travis County, Texas, to show cause why he should not be held in contempt and have

sanctions imposed for his failure to obey our December 29, 2016 order. This order to showcause will be withdrawn and Castillo will be relieved of his obligation to appear before this

Court as ordered above if the Clerk of this Court receives appellant’s brief on or before

February 21, 2017 at 12:00 p.m

.

It is ordered on February 1, 2017.

Before Chief Justice Rose, Justices Field and Bourland
EXHIBIT 32.1
 
 CERTIFICATIONS PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED
 PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
 
 I, Antonio Treminio, President, Chief Executive Officer, Chief Financial Officer and Treasurer of Novo Energies Corporation (the "Company"), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:
 
 (1) the Annual Report on Form 10-K of the Company for the year ended March 31, 2010 (the "Report") fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended (15 U.S.C. 78m or 78o(d)); and
 
 (2) the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
 
 
 Date: July 14, 2010
 
 
 /s/ Antonio Treminio
 Antonio Treminio
 Chief Executive Officer, Chief Financial Officer, Treasurer and
 Acting Principal Accounting Officer
#### § 3862.6 Diligent prosecution.
U.S. Department of Interior - Bureau of Reclamation                               Table 21
                                                   Central Valley Operations Office
 
                                          Central Valley Project - California
Monthly Diversions in AF                                    1999
 
                            Jan     Feb      Mar      Apr     May     Jun     Jul     Aug     Sep     Oct     Nov     Dec     Total
 
          CANALS
 
Contra Costa                 9462    4325     7793     5376    4149   15032   13148   17517    8126    5771    4692    2208    97599
Delta-Mendota              182999  239554   252416   101678  104667  198355  271968  269790   25442  261267  249614  156423  2314173
Actual Fed Dos Amigos      113152   90980    74330    77012  143806  239016  246098  121000   38546  30922    13291   19338  1207491
Madera                       3223   10306    22771    27708   42207   37222   54245   45252   26982    9354       0       0   279270
Friant-Kern                 33009  108434    60586    69442  145720  201738  224356  164970   72919   61865   14767       0  1157806
Corning                         0       0        0     1093    3759    3503    5036    4000    3239    1938     232       0    22800
Folsom-South                 1706     589     1574     1977    2149    2110    2559    2945    2554    2207    1640    1924    23934
Sly Park - Camino Conduit     603     478      522      906    1736    1950    2876    3350    2243    2287     416     606    17973
Tehama-Colusa                2420    3785     5905    10167   47513   65932   81772   83462   21654    9021    2009     653   334293
 
     CACHUMA PROJECT
 
Tecolete Tunnel              1865    1091     1329     1437    2429    2355    2871    3146    3049    3386    2111    2624    27693
 
     KLAMATH PROJECT
 
"A" Canal - Upper Klamath       0       0        0     7180   45320   53230   59770   51420   43220   14960       0       4   275104
Klamath Drainage District       0    3602     3290     7039    9161   16845   18132   15144   12892   13217    8440    4782   112544
Clear Lake Reservoir            0       0        0        0    6980    7300    7390    6340    2280       0       0       0    30290
Gerber Reservoir                0       0        0       90    6780    7380    8330    7300    3500       0       0       0    33380
Klamath River to Lost Rive      0       0        0        0   15179   12079   19262    3834    4435    1246       0       0    56035
 
      ORLAND PROJECT
 
Stony Creek                     0       0        0     5887   15759   16781   19827   18385   15600   10532    1389       0   104160
South Canal                     0       0        0     4175   10873   11358   13743   12557   10808    7703     833       0    72050
North Canal                     0       0        0     1712    4886    5423    6084    5828    4792    2829     556       0    32110
 
      SOLANO PROJECT
 
Putah South Canal            2934    2342     3973    10060   35247   35820   39370   33160   22386   12549    3218    2067   203126
§ 3823.3 Mineral patents within National Forest Wilderness. ( a ) Each patent issued under the U.S. mining laws for mineral locations established after September 3, 1964, or validated by discovery of minerals occurring after September 3, 1964, and lying within National Forest Wilderness shall, in accordance with the provisions of section 4(d)(3) of the Wilderness Act: ( 1 ) Convey title to the mineral deposits within the patented lands, together with the right to cut and use so much of the mature timber therefrom as may be needed in the extraction, removal, and beneficiation of the mineral deposits, if needed timber is not otherwise reasonably available, and if the timber is cut under sound principles of forest management as defined by the National Forest rules and regulations;
( 2 ) Reserve to the United States all title in or to the surface of the lands and products thereof; and
( 3 ) Provide that no use of the surface of the patented lands or the resources therefrom not reasonably required for carrying on mining or prospecting shall be allowed except as expressly provided in the Wilderness Act.
( b ) Each patent to which the provisions of this section are applicable shall contain the express condition that the use of the patented lands shall be subject to regulations prescribed by the Secretary of Agriculture as referred to in § 3823.2 of this subpart and that the patented lands shall be held open for reasonable inspection by authorized officers of the U.S. Government for the purpose of observing compliance with the provisions thereof.
§ 3904.15 Amount of bond. ( a ) The BLM may increase or decrease the required bond amount if it determines that a change in amount is appropriate to cover the costs and obligations of complying with the requirements of the lease or license and these regulations. The BLM will not decrease the bond amount below the minimum (*see* § 3904.14(a)).
( b ) The lessee or operator must submit to the BLM every three years after reclamation bond approval a revised estimate of the reclamation costs. The BLM will verify the revised estimate of the reclamation costs submitted by the lessee or operator. If the current bond does not cover the revised estimate of reclamation costs, the lessee or operator must increase the reclamation bond amount to meet or exceed the revised cost estimate.
§ 3252.10 What operational standards apply to my exploration operations? You must keep exploration operations under control at all times by: ( a ) Conducting training during your operation to ensure that your personnel are capable of performing emergency procedures quickly and effectively;
( b ) Using properly maintained equipment; and
( c ) Using operational practices that allow for quick and effective emergency response.
Order filed September 11, 2012

In The 

## Fourteenth Court of Appeals

NO. 14

- 11

- 00573

- CR

REUBEN COLBERT , Appellant
V. THE STATE OF TEXAS, Appellee

On Appeal from the 232nd District Court Harris County, Texas Trial Court Caus e No. 1264286



### ORDER
This court has determined, pursuant to T ex as R ule of App ellate P rocedure 34.5(f) and 34.6(g)(2), that it must inspect the original of State's Exhibit #5

.
The clerk of the 232nd District Court is directed to deliver to the Clerk of thi s court the original of State's Exhibit #5, on or before September 21, 2012

. The Clerk of this court is directed to receive, maintain, and keep safe this original exhibit; to deliver it to the justices of this court for their inspection; and, upon completi on of inspection, to return the original of State's Exhibit #5, to the clerk of the 232nd District Court.

PER CURIAM