alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. Jose Luis BERNAL-VENCES, Defendant-Appellant.

No. 05-40630.

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Decided Feb. 24, 2006.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Southern District of Texas, Houston, TX, for PlaintiffAppellee.

Marjorie A. Meyers, Federal Public Defender, Laura Fletcher Leavitt, Assistant Federal Public Defender, Federal Public Defender’s Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before GARZA, DENNIS, and PRADO, Circuit Judges.

PER CURIAM: *

Jose Luis Bernal-Vences pleaded guilty to unlawful presence in the United States after deportation. He was sentenced to 46 months of imprisonment and two years of supervised release. He appeals his conviction and sentence.

Bernal-Vences argues that the “felony” and “aggravated felony” provisions of 8 U.S.C. § 1326(b) are unconstitutional. Bernal-Vences’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 Bernal-Vences contends that *AlmendarezTorres*was incorrectly decided and that a majority of the Supreme Court would overrule *Almendarez-Torres*in light of *Apprendi v. New Jersey,*530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), 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). Bernal-Vences 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.

The judgment of the district court is AFFIRMED.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
§ 9180.1-1 Meridians. ( a ) *Alaska.* The public land surveys in Alaska are governed by three principal meridians established as follows: The Seward Meridian, initiated just north of Resurrection Bay and extending to the Matanuska coal fields; the Fairbanks Meridian, commencing near the town of Fairbanks and controlling the surveys in that vicinity, including the Nenana coal fields; and the Copper River Meridian which lies in the valley of the Copper River and from which surveys have been executed as far north as the Tanana River and south to the Bering River coal fields and the Gulf of Alaska.
( b ) *Copies of records.* Copies of plats of surveys in Alaska, or other records of the Public Survey Office, will be sold at the cost of production, in accordance with section 1 of the Act of August 24, 1912 (37 Stat. 497), as amended (5 U.S.C. 488), and § 2.3 of this title.
### [§81. Repealed. Pub. L. 100–203, title X, §10201(b)(1), Dec. 22, 1987, 101 Stat. 1330–387]

Section, added Pub. L. 89–722, §1(b)(1), Nov. 2, 1966, 80 Stat. 1152; amended Pub. L. 93–625, §4(c)(1), Jan. 3, 1975, 88 Stat. 2111; Pub. L. 94–455, title VI, §605(b), Oct. 4, 1976, 90 Stat. 1575; Pub. L. 99–514, title VIII, §805(c)(1)(A), Oct. 22, 1986, 100 Stat. 2362, included increase in vacation pay suspense account in gross income.

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

#### Effective Date of Repeal

Repeal applicable to taxable years beginning after Dec. 31, 1987, see section 10201(c)(1) of Pub. L. 100–203, set out as an Effective Date of 1987 Amendment note under section 404 of this title.
NASA LogoNTRSNTRS - NASA Technical Reports ServerSearchmore_vertCollectionsAboutNewsHelpLogin Back to ResultsTheory of CW lidar aerosol backscatter measurements and development of a 2.1 microns solid-state pulsed laser radar for aerosol backscatter profilingThe performance and calibration of a focused, continuous wave, coherent detection CO2 lidar operated for the measurement of atmospheric backscatter coefficient, B(m), was examined. This instrument functions by transmitting infrared (10 micron) light into the atmosphere and collecting the light which is scattered in the rearward direction. Two distinct modes of operation were considered. In volume mode, the scattered light energy from many aerosols is detected simultaneously, whereas in the single particle mode (SPM), the scattered light energy from a single aerosol is detected. The analysis considered possible sources of error for each of these two cases, and also considered the conditions where each technique would have superior performance. The analysis showed that, within reasonable assumptions, the value of B(m) could be accurately measured by either the VM or the SPM method. The understanding of the theory developed during the analysis was also applied to a pulsed CO2 lidar. Preliminary results of field testing of a solid state 2 micron lidar using a CW oscillator is included.Document ID19910010185Acquisition SourceLegacy CDMSDocument TypeContractor Report (CR)AuthorsKavaya, Michael J.*(Coherent Technologies, Inc. Boulder, CO, United States)*Henderson, Sammy W.*(Coherent Technologies, Inc. Boulder, CO, United States)*Frehlich, R. G.*(Coherent Technologies, Inc. Boulder, CO, United States)*Date AcquiredSeptember 6, 2013Publication DateMarch 1, 1991Subject CategoryEarth Resources And Remote SensingReport/Patent NumberNASA-CR-4347NAS 1.26:4347Accession Number91N19498Funding Number(s)CONTRACT_GRANT: NAS8-37580Distribution LimitsPublicCopyrightWork of the US Gov. Public Use Permitted.Available DownloadsNameType19910010185.pdfSTIcloud_downloadcontent_copyvisibilityRelated RecordsThere are no records associated with this record.visibility_offNo Preview Available
 No Fear Act | Freedom of Information Act | Office of the Inspector General | Agency Financial ReportsNASA Web Privacy Policy and Important Notices | NASA Guidelines for Quality of InformationDisclaimers, Copyright, Terms of Use | Accessibility | NASA OCIO | USA.gov | NASA.govContact Us | Site MapSTI LogoNASA Official: JoAnne R. Calhoun Site Curator: STI Compliance and Distribution Services Last Modified: September 12, 2024
### [§5009. Repealed. Pub. L. 96–39, title VIII, §807(a)(7), July 26, 1979, 93 Stat. 281]

Section, added Pub. L. 85–859, title II, §201, Sept. 2, 1958, 72 Stat. 1327; amended Pub. L. 94–455, title XIX, §§1905(a)(3), 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1818, 1834, related to drawback on exportation of distilled spirits in casks or packages.

A prior section 5009, act Aug. 16, 1954, ch. 736, 68A Stat. 603, consisted of provisions similar to those comprising this section, prior to the general revision of this chapter by Pub. L. 85–859. See sections 5205(c)(1), (f), (i)(4) and 5206(c) of this title.

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

#### Effective Date of Repeal

Repeal effective Jan. 1, 1980, see section 810 of Pub. L. 96–39, set out as an Effective Date of 1979 Amendment note under section 5001 of this title.
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### **[Subchapter A—Repealed]**

#### **Editorial Notes**

#### Prior Provisions

This subchapter consisted of part I with subparts A (§§4001–4004) and B (§§4006, 4007) and part II (§§4011, 4012), prior to being amended generally by Pub. L. 103–66, title XIII, §13161(a), Aug. 10, 1993, 107 Stat. 449.

Another prior subchapter A of chapter 31 was redesignated subchapter B by Pub. L. 101–508, title XI, §11221(a), Nov. 5, 1990, 104 Stat. 1388–438.
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<ALLOWANCES>                                13,507,549
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<PP&E>                                   2,246,554,424
<DEPRECIATION>                             312,353,883
<TOTAL-ASSETS>                           7,490,071,486
<CURRENT-LIABILITIES>                      264,484,995
<BONDS>                                  1,175,000,000
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<TOTAL-COSTS>                              244,821,928
<OTHER-EXPENSES>                             1,528,110
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<INTEREST-EXPENSE>                          31,832,221
<INCOME-PRETAX>                           (12,043,380)
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### §640d–29. Omitted

#### **Editorial Notes**

#### Codification

Section, Pub. L. 93–531, §31, as added Pub. L. 100–666, §5, Nov. 16, 1988, 102 Stat. 3931, which related to restrictions on lobbying, was omitted from the Code as being of special and not general application.
§ 4.902 What appeals are subject to this subpart? ( a ) This subpart applies to appeals under 30 CFR part 1290, and 43 CFR part 4, subpart E, of Office of Natural Resources Revenue (ONRR) or delegated State orders or portions of orders concerning payment (or computation and payment) of royalties and other payments due, and delivery or taking of royalty in kind, under Federal oil and gas leases.
( b ) This subpart does not apply to appeals of orders, or portions of orders, that ( 1 ) Involve Indian leases or Federal leases for minerals other than oil and gas; or
( 2 ) Relate to Federal oil and gas leases but do not involve a monetary or nonmonetary obligation.
[64 FR 26259, May 13, 1999, as amended at 79 FR 62051, Oct. 16, 2014]
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 05-1709

LESLIE MOFOR ABANDA, Petitioner,
versus ALBERTO R. GONZALES, Attorney General, Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals. (A96-287-759) Submitted: January 18, 2006 Decided: January 27, 2006 Before WILLIAMS, MOTZ, and DUNCAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Carrie Crawford, Laurel, Maryland, for Petitioner. Jonathan S. Gasser, United States Attorney, Jennifer Aldrich, Assistant United States Attorney, Columbia, South Carolina, for Respondent. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Leslie Mofor Abanda, a native and citizen of Cameroon, petitions for review of an order of the Board of Immigration Appeals adopting and affirming the Immigration Judge’s (IJ) denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture. To obtain reversal of a determination denying eligibility for relief, an alien “must show that the evidence he presented was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution.” INS v. Elias-Zacarias , 502 U.S. 478, 483-84 (1992). We have reviewed the evidence of record and conclude that Abanda fails to show that the evidence compels a contrary result. Having failed to qualify for asylum, Abanda cannot meet the higher standard to qualify for withholding of removal. Chen v. INS , 195 F.3d 198, 205 (4th Cir. 1999); INS v. Cardoza-Fonseca , 480 U.S. 421, 430 (1987). In addition, we uphold the IJ’s finding that Abanda failed to establish that it was more likely than not that he would be tortured if removed to Cameroon. See 8 C.F.R. § 1208.16(c)(2) (2005). Accordingly, we deny the petition for review. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. PETITION DENIED
EXHIBIT 5

Case 1:20-cv-22051-JEM Document 1-8 Entered on FLSD Docket 05/15/2020 Page 1 of 2
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Case 1:20-cv-22051-JEM Document 1-8 Entered on FLSD Docket 05/15/2020 Page 2 of 2
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Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

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###### Department of Health and Human Services

###### National Institutes of Health

                    Notice is hereby given of a change in the meeting of the Center for Scientific Review Special Emphasis Panel, October 8, 2004, 2:30 p.m. to October 8, 2004, 5 p.m., Embassy Suites at the Chevy Chase Pavilion, 4300 Military Road, NW., Washington, DC 20015, which was published in the                     **Federal Register**                     on September 24, 2004, 69 FR 57334-57335.                

The meeting will be held November 8, 2004. The time and location remain the same. The meeting is closed to the public.

Dated: September 30, 2004.

LaVerne Y. Stringfield,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 04-22664 Filed 10-7-04; 8:45 am]

BILLING CODE 4140-01-M
#### Goertzel & Meltzer, Inc., Respondent, v. Fidelity & Deposit Company of Maryland, Appellant.

• Determination unanimously affirmed, with costs and disbursements. No opinion. Present — Peck, P. J., Glennon, Dore and Yan Yoorhis, JJ. [See *post,*p. 996.]
Editorial Note on Part 120
Editorial Note: Nomenclature changes to part 120 appear at 72 FR 50039, Aug. 30, 2007.

§ 120.160 Loan conditions. The following requirements are normally required by SBA for all business loans: ( a ) *Personal guarantees.* Holders of at least a 20 percent ownership interest generally must guarantee the loan. When deemed necessary for credit or other reasons, SBA or, for a loan processed under an SBA Lender's delegated authority, the SBA Lender, may require other appropriate individuals or entities to provide full or limited guarantees of the loan without regard to the percentage of their ownership interests, if any.
( b ) *Appraisals.* SBA may require professional appraisals of the applicant's and principals' assets, a survey, or a feasibility study.
( c ) *Hazard Insurance.* SBA requires hazard insurance for 7(a) loans greater than $500,000 and for 504 projects greater than $500,000, on all collateral.
[61 FR 3235, Jan. 31, 1996, as amended at 82 FR 39502, Aug. 21, 2017; 88 FR 21085, Apr. 10, 2023]
§ 4.807 Authority and responsibilities. The administrative law judge shall have all powers necessary to preside over the parties and the proceedings, conduct the hearing, and make decisions in accordance with 5 U.S.C. 554 through 557. His powers shall include, but not be limited to, the power to: ( a ) Hold conferences to settle, simplify, or fix the issues in a proceeding, or to consider other matters that may aid in the expeditious disposition of the proceeding.
( b ) Require parties to state their position with respect to the various issues in the proceedings.
( c ) Establish rules for media coverage of the proceedings.
( d ) Rule on motions and other procedural items in matters before him.
( e ) Regulate the course of the hearing, the conduct of counsel, parties, witnesses, and other participants.
( f ) Administer oaths, call witnesses on his own motion, examine witnesses, and direct witnesses to testify.
( g ) Receive, rule on, exclude, or limit evidence.
( h ) Fix time limits for submission of written documents in matters before him.
( i ) Take any action authorized by these regulations, by 5 U.S.C. 556, or by other pertinent law.
### §6040. Cross references

**(1) For the notice required of persons acting in a fiduciary capacity for taxpayers or for transferees, see sections 6212, 6901(g), and 6903.**

**(2) For application by fiduciary for determination of tax and discharge from personal liability therefor, see section 2204.**

**(3) For the notice required of taxpayers for redetermination of taxes claimed as credits, see sections 905(c) and 2016.**

**(4) For exemption certificates required to be furnished to employers by employees, see section 3402(f)(2), (3), (4), and (5).**

**(5) For receipts, constituting information returns, required to be furnished to employees, see section 6051.**

**[(6) Repealed. Pub. L. 89–44, title III, §305(b), June 21, 1965, 79 Stat. 148]**

**(7) For information required with respect to the redemption of stamps, see section 6805.**

**(8) For the statement required to be filed by a corporation expecting a net operating loss carryback or unused excess profits credit carryback, see section 6164.**

**(9) For the application, which a taxpayer may file for a tentative carryback adjustment of income taxes, see section 6411.**

(Aug. 16, 1954, ch. 736, 68A Stat. 744, §6037; renumbered §6038, Pub. L. 85–866, title I, §64(c), Sept. 2, 1958, 72 Stat. 1656; renumbered §6039, Pub. L. 86–780, §6(a), Sept. 14, 1960, 74 Stat. 1014; renumbered §6040, Pub. L. 88–272, title II, §221(b)(1), Feb. 26, 1964, 78 Stat. 73; amended Pub. L. 89–44, title III, §305(b), June 21, 1965, 79 Stat. 148; Pub. L. 91–614, title I, §101(d)(2), Dec. 31, 1970, 84 Stat. 1837.)

#### **Editorial Notes**

#### Amendments

1970—Par. (2). Pub. L. 91–614 substituted "fiduciary" for "executor".

1965—Par. (6). Pub. L. 89–44 struck out par. (6) which cross referred to section 4234 of this title.

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

#### Effective Date of 1970 Amendment

Amendment by Pub. L. 91–614 applicable with respect to decedents dying after Dec. 31, 1970, see section 101(j) of Pub. L. 91–614, set out as a note under section 2032 of this title.

#### Effective Date of 1965 Amendment

Amendment by Pub. L. 89–44 applicable with respect to admissions, services, and uses after noon, Dec. 31, 1965, see section 701(b)(1) of Pub. L. 89–44, set out as a note under section 4291 of this title.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 96-6186
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus NURADEEN ALAMIN, Defendant - Appellant.
Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Robert D. Potter, Senior District Judge. (CR-91-58-P, CA-95-300-P) Submitted: July 23, 1996 Decided: July 31, 1996 Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges. Affirmed by unpublished per curiam opinion. Nuradeen Alamin, Appellant Pro Se. Robert Jack Higdon, Jr., OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant appeals from the district court's order denying his habeas motion, 28 U.S.C. § 2255 (1988), as amended by Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, 110 Stat. 1217. We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. United States v. Alamin , Nos. CR91-58-P; CA-95-300-P (W.D.N.C. Dec. 20, 1995). We also deny Appellant's motion for the preparation of a transcript at the Government's expense. See 28 U.S.C. § 753(f) (1988). We dispense withoral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 20-CV-22427-COOKE

UNITED STATES OF AMERICA,

Plaintiff,

vs. 

900 BISCAYNE BLVD UNIT #6107, 

MIAMI, FLORIDA 33132

Defendant In Rem.

_______________________________________/

DECLARATION OF PUBLICATION

Notice of Civil Forfeiture was posted on an official government internet site 

(www.forfeiture.gov) for at least 30 consecutive days, beginning on July 16, 2020, as required by 

Rule G(4)(a)(iv)(C) of the Supplemental Rules for Admiralty or Maritime Claims and Asset 

Forfeiture Actions, as evidenced by Attachment 1.

Respectfully submitted,

JUAN ANTONIO GONZALEZ

ACTING UNITED STATES ATTORNEY

By: s/Adrienne E. Rosen_____________ 

Adrienne E. Rosen

Assistant United States Attorney

Court Id No. A5502297 

99 N.E. 4th Street, 7th Floor

Miami FL, 33132-2111

Telephone: (305) 961-9338

E-mail: Adrienne.Rosen@usdoj.gov

Case 1:20-cv-22427-MGC Document 27 Entered on FLSD Docket 07/23/2021 Page 1 of 1