alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent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

July 18, 2003

Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 01-21154

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ANDRES BADILLO-LEIJA,

Defendant-Appellant.

-------------------- Appeal from the United States District Court

for the Southern District of Texas

USDC No. H-01-CR-316-1

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

Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.

PER CURIAM: *

We recall the mandate, withdraw the opinion issued May 7,

2003, and substitute the following:

Andres Badillo-Leija (“Badillo”) appeals his sentence for illegal reentry after deportation, a violation of 8 U.S.C. § 1326.No. 01-21154

-2-

He ar gues that the district court erred (1) by enhancing his offense level by eight levels pursuant to U.S.S.G. § 2L1.2(b)(1)(C),

(2) by departing upward by four levels pursuant to U.S.S.G.

§ 4A1.3, and (3) by including special conditions of supervised release in its written judgment that were not orally pronounced at

the sentencing hearing.

Badillo argues that his felony convictions for possession of

cocaine were not “aggravated felonies” warr anting an eight-level

enhancement but were instead “other felonies ” warranting only a

four-level enhancement. A prior conviction is an aggravated felony

“if (1) the offense was punishable under the Controlled Substances

Act and (2) it was a felony.” U nited States v. Hinojosa-Lopez

, 130

F.3d 691, 694 (5th Cir. 1997). Badillo’s arguments were rejected

in United States v. Caicedo-Cuero , 312 F.3d 697, 706-11 (5th Cir.

2002), cert. denied , 123 S. Ct. 1948 (2003).

We affirm an upward departure “ if (1) the [district] court

gives acceptable reasons for departing and (2) the extent of the

departure is reasonable.” U nited States v. Route

, 104 F.3d 59, 64

(5th Cir. 1997). The district court provided acceptable reasons

for departing upward pursuant to § 4A1.3 by citing Badillo’s five

previous felony convictions and his history of recidivism, and the

four-level departure and additional 16 months’ imprison ment were

reasonable.

Badillo argues that the district court erred by including in

the written judgment special conditions of supervised release thatNo. 01-21154

-3-

were not stated at the sentencing hearing. We recently held that

the inclusion in the written judgment of a condition requiring additional drug testing, even if that condition was not orally pronounced, does not create a conflict between the oral and written

judgments. S ee United States v. Vega

, No. 01-41019, 2003 WL

21257969 (5th Cir. June 2, 2003) (per curiam).

Badillo’s argument that the district court impermissibly delegated to the Probation Department the autho rity to determine his

ability to pay is foreclosed by United States v. Warden , 291 F.3d

363, 364-65 & n.1 (5th Cir. 2002), cert. denied

, 123 S. Ct. 35

(2003).

AFFIRMED.
Exhibit 32 CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. SECTION 1350)   In connection with the amended quarterly Report of Hitor Group, Inc., a Nevada corporation (the Company), on Form 10-Q/A for the quarter ending September 30, 2008, as filed with the Securities and Exchange Commission (the Report), I, Ken Martin, CEO and CAO of the Company, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350), 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 result of operations of the Company.  [exhibit32amended93008002.gif]   _______________________________ Ken Martin, CEO, CAO Dated:  June 12, 2009
V 

112TH CONGRESS 

1ST SESSION H. R. 354 

For the relief of Lauli’i Matu’u. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 19, 2011 

Mr. FILNER introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

For the relief of Lauli’i Matu’u. 

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

3 SECTION 1. PERMANENT RESIDENT STATUS FOR LAULI’I 

4 MATU’U. 

5 (a) IN GENERAL.—Notwithstanding subsections (a) 

6 and (b) of section 201 of the Immigration and Nationality 

7 Act, Lauli’i Matu’u shall be eligible for issuance of an im8 migrant visa or for adjustment of status to that of an alien 

9 lawfully admitted for permanent residence upon filing an 

10 application for issuance of an immigrant visa under sec11 tion 204 of such Act or for adjustment of status to lawful 

12 permanent resident. 


pwalker on DSKD5P82C1PROD with BILLS
2 

•HR 354 IH

1 (b) ADJUSTMENT OF STATUS.—If Lauli’i Matu’u en2 ters the United States before the filing deadline specified 

3 in subsection (c), he shall be considered to have entered 

4 and remained lawfully and shall, if otherwise eligible, be 

5 eligible for adjustment of status under section 245 of the 

6 Immigration and Nationality Act as of the date of the en7 actment of this Act. 

8 (c) DEADLINE FOR APPLICATION AND PAYMENT OF

9 FEES.—Subsections (a) and (b) shall apply only if the ap10 plication for issuance of an immigrant visa or the applica11 tion for adjustment of status is filed with appropriate fees 

12 within 2 years after the date of the enactment of this Act. 

13 (d) REDUCTION OF IMMIGRANT VISA NUMBER.— 

14 Upon the granting of an immigrant visa or permanent res15 idence to Lauli’i Matu’u, the Secretary of State shall in16 struct the proper officer to reduce by 1, during the current 

17 or next following fiscal year, the total number of immi18 grant visas that are made available to natives of the coun19 try of the alien’s birth under section 203(a) of the Immi20 gration and Nationality Act or, if applicable, the total 

21 number of immigrant visas that are made available to na22 tives of the country of the alien’s birth under section 

23 202(e) of such Act. 

24 (e) DENIAL OF PREFERENTIAL IMMIGRATION

25 TREATMENT FOR CERTAIN RELATIVES.—The natural 


pwalker on DSKD5P82C1PROD with BILLS
3 

•HR 354 IH

1 parents, brothers, and sisters of Lauli’i Matu’u shall not, 

2 by virtue of such relationship, be accorded any right, privi3 lege, or status under the Immigration and Nationality Act. 

Æ 


pwalker on DSKD5P82C1PROD with BILLS
### No. 03-14-00644-CV

__________________________________________________________________

IN THE THIRD COURT OF APPEALS

AUSTIN, TEXAS

JOSE A. PEREZ

Appellant

Vs.

TEXAS MEDICAL BOARD and MARI ROBINSON JD, in her Official Capacity

Appellees.

MOTION TO ABATE AND AMEND APPELLATE BRIEF

Jose A. Perez, respectfully moves the Court to Abate and respectfully seeks

leave of Court to Amend the Appeal. As grounds therefore he shows:

1- By letter dated February 17 th 

### , 2015 the Third District Court of Appeals Clerk

informed Mr. Perez that the clerk filed a Supplemental Record. Mr. Perez

has contemporaneously requested that a copy of the same be provided to him

2- Mr. Perez has no idea what information the referenced record contains nor

the reason the same was not provided prior to Mr. Perez filing his initial

appellate brief.

3- The Third District Court 1 

### has previously stated that: ACCEPTED

03-14-00644-CV

4212534

THIRD COURT OF APPEALS

AUSTIN, TEXAS

2/19/2015 1:33:44 PM

JEFFREY D. KYLE

CLERKThe rules further instruct us to construe the briefing requirements "liberally"

and that "substantial compliance" is sufficient, as the point of having briefs in

the first place is merely to "acquaint the court with the issues in a case and to

present argument that will enable the court to decide the case" and not to

impose formal requirements as ends in themselves. Id. R. 38.9. The rules

further contemplate that appellate courts will afford parties the opportunity to

cure any formal or substantive briefing defects before disposing of the appeal

based on such a defect rather than the merits. See id.; see also Inpetco, Inc. v.

Texas Am. Bank/Houston, 729 S.W.2d 300, 300 (Tex. 1987) (regarding parallel

provisions of former appellate rules). Finally, "[a] brief may be amended or

supplemented whenever justice requires, on whatever reasonable terms the

court may prescribe." See Tex. R. App. P. 38.7.



### Wherefore he respectfully moves the court to abate the appeal and to grant

leave to amend his initial appellate brief.

.

Respectfully Submitted,

_______Jose A. Perez__/S/_______________

34 Candle Pine Place

The Woodlands, TX 77381

theaesculapius@gmail.com

281-673-0452

CERTIFICATE OF CONFERENCE

A telephonic conference with Mr. Ross was held on February 19 th



### , 2017 @

2:00 PM regarding the merits of the instant motion and he stated that he objected.

__________Jose A Perez__/s/____

CERTIFICATE OF SERVICE

1 Majeed v. Hussain, No. 03-08-00679-CV (Tex.App. Dist.3 10/22/2010) citing See Tex. R. App.

P. 38.7

### It is hereby certified that a copy of the foregoing “ Plaintiff’s Motion To

Abate Appeal ” was served by emailing a copy thereof via the State efiling

system on this 19 th 

### Day of February 2015 to:

Ted A Ross, Esq

Assistant Attorney General

PO Box 12548

Austin, TX 78711-2548

ted.ross@texasattorneygeneral.gov

__________Jose A Perez__/s/____
#### § 894.103 How do I enroll?

You may enroll through an *Administrator* contracted by OPM to facilitate the enrollment process. Your Federal agency, retirement system, or *OWCP* office will advise you of the enrollment process available to you.
§ 8a.300 Admission. ( a ) *General.* No person shall, on the basis of sex, be denied admission, or be subjected to discrimination in admission, by any recipient to which §§ 8a.300 through §§ 8a.310 apply, except as provided in §§ 8a.225 and §§ 8a.230.
( b ) *Specific prohibitions.* ( 1 ) In determining whether a person satisfies any policy or criterion for admission, or in making any offer of admission, a recipient to which §§ 8a.300 through 8a.310 apply shall not: ( i ) Give preference to one person over another on the basis of sex, by ranking applicants separately on such basis, or otherwise;
( ii ) Apply numerical limitations upon the number or proportion of persons of either sex who may be admitted; or
( iii ) Otherwise treat one individual differently from another on the basis of sex.
( 2 ) A recipient shall not administer or operate any test or other criterion for admission that has a disproportionately adverse effect on persons on the basis of sex unless the use of such test or criterion is shown to predict validly success in the education program or activity in question and alternative tests or criteria that do not have such a disproportionately adverse effect are shown to be unavailable.
( c ) *Prohibitions relating to marital or parental status.* In determining whether a person satisfies any policy or criterion for admission, or in making any offer of admission, a recipient to which §§ 8a.300 through 8a.310 apply: ( 1 ) Shall not apply any rule concerning the actual or potential parental, family, or marital status of a student or applicant that treats persons differently on the basis of sex;
( 2 ) Shall not discriminate against or exclude any person on the basis of pregnancy, childbirth, termination of pregnancy, or recovery therefrom, or establish or follow any rule or practice that so discriminates or excludes;
( 3 ) Subject to § 8a.235(d), shall treat disabilities related to pregnancy, childbirth, termination of pregnancy, or recovery therefrom in the same manner and under the same policies as any other temporary disability or physical condition; and
( 4 ) Shall not make pre-admission inquiry as to the marital status of an applicant for admission, including whether such applicant is “Miss” or “Mrs.” A recipient may make pre-admission inquiry as to the sex of an applicant for admission, but only if such inquiry is made equally of such applicants of both sexes and if the results of such inquiry are not used in connection with discrimination prohibited by these Title IX regulations.
99–008

107TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 107–340

WAIVING A REQUIREMENT OF CLAUSE 6(a) OF RULE XIII WITH RESPECT

TO THE SAME DAY CONSIDERATION OF CERTAIN RESOLUTIONS REPORTED BY THE RULES COMMITTEE

DECEMBER 18 (legislative day, DECEMBER 17), 2001.—Referred to the House

Calendar and ordered to be printed

Mr. REYNOLDS, from the Committee on Rules,

submitted the following

R E P O R T

[To accompany H. Res. 317]

The Committee on Rules, having had under consideration House

Resolution 317, by a nonrecord vote, report the same to the House

with the recommendation that the resolution be adopted.

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution waives clause 6(a) of rule XIII (requiring a twothirds vote to consider a rule on the same day it is reported from

the Rules Committee) against certain resolutions reported from the

Rules Committee. The rule applies the waiver to any special rule

reported on the legislative day of December 18, 2001, providing for

the consideration or disposition of a bill to provide tax incentives

for economic recovery.

Æ
EXHIBIT 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER

PURSUANT TO 18 U.S.C. SECTION 1350

(SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002)

In connection with the accompanying Quarterly Report on Form 10-Q of MediciNova, Inc. for the period ended June 30, 2007 (the Report), I, Shintaro Asako, Vice President and Chief Financial Officer of
MediciNova, Inc., hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of 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 MediciNova, Inc. at the dates and for the periods indicated.

This certification has not been, and shall not be deemed,
filed with the Securities and Exchange Commission.



Date:

August 9, 2007By:

/s/    SHINTARO
ASAKOShintaro AsakoVice President and Chief Financial Officer (Principal Financial Officer)
Home > NRC Library > ADAMS Public Documents

# SECY-14-0142:  NRC Participation in the Halden Reactor Project During 2015-2017.

Accession Number: ML14294A004

Date Released: Wednesday, December 31, 2014

Package Contents

The following links on this page are to Adobe Portable Document Format (PDF) files. To obtain a free viewer for displaying this format, see our Plugins, Viewers, and Other Tools.
    - ML14294A008 - SECY-14-0142:  NRC Participation in the Halden Reactor Project During 2015-2017 (7 page(s), 12/12/2014)
    - ML14294A005 - SECY-14-0142:  Enclosure 1 - Members of the Halden Reactor Project (2 page(s), 12/12/2014)
    - ML14294A006 - SECY-14-0142:  Enclosure 2 - Listing of Halden Reports for 2012-2014 (4 page(s), 12/12/2014)
    - ML14294A007 - SECY-14-0142:  Enclosure 3 - Extended Summary of NRC Involvement in the Halden Reactor Project (8 page(s), 12/12/2014)

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###### Department of Agriculture

###### Forest Service

# AGENCY:

Forest Service, USDA.

# ACTION:

Notice of meetings. 

# SUMMARY:

The Black Hills National Forest Advisory Board (NFAB) will hold meetings to become informed about Black Hills National Forest issues and to consider those issues so as to make management recommendations to the forest supervisor. The meetings are open, and the public may attend any part of the meetings.

*Dates and Agenda Issues:*
      - Wednesday, December 8, 2004 from 1 to 5 p.m.—Phase II Amendment/Board Bylaw Changes.
      - Wednesday, January 5, 2005 from 1 to 5 p.m.—Phase II Amendment.
      - Wednesday, February 16, 2005 from 1 to 5 p.m.—To be announced through local news media.
      - Wednesday, Marcy 16, 2005 from 1 to 5 p.m.—To be announced through local news media.
      - Wednesday, April 20, 2005 from 1 to 5 p.m.—To be announced through local news media.
      - Wednesday, May 18, 2005 from 1 to 5 p.m.—To be announced through local news media.

# ADDRESSES:

SDSU West River Ag Center, 1905 Plaza Boulevard, Rapid City, SD.

# FOR FURTHER INFORMATION CONTACT:

Frank Carroll, Black Hills National Forest, 25041 North Highway 16, Custer, SD 57730, (605) 673-9200.

Dated: November 22, 2004.

Dorothy FireCloud,

Black Hills National Forest Acting Deputy Forest Supervisor.

[FR Doc. 04-26317  Filed 11-26-04; 8:45 am]

BILLING CODE 3410-11-M
SECURE AMERICA
        ACQUISITION CORPORATION 


    1005
      North Glebe Road, Suite 550

    Arlington,
      VA 22201

    July
      [●],
      2007

    


     

    Homeland
      Security Capital Corporation

    4100
      N.
      Fairfax Drive, Suite 1150

    Arlington,
      VA 22203

     

    Ladies
      and Gentlemen:

     


      This
        letter will confirm our agreement that, commencing on the effective date
        (“Effective
        Date”)
        of the
        registration statement for the initial public offering (“IPO”)
        of the
        securities of Secure America Acquisition Corporation, a Delaware
        corporation (the “Company”),
        and
        continuing until the earlier of the consummation by the Company of a “business
        combination” or the Company’s liquidation (as described in the Company’s IPO
        prospectus) (the “Termination
        Date”),
        Homeland Security Capital Corporation shall make available to the Company
        certain office and secretarial services as may be required by the Company
        from
        time to time, situated at 1005 North Glebe Road, Suite 550, Arlington, VA
        22201.
        In exchange therefore, the Company shall pay Homeland Security Capital
        Corporation the sum of $7,500 per month on the Effective Date and continuing
        monthly thereafter until the Termination Date.


    


    Homeland
      Security Capital Corporation hereby waives any and all right, title, interest
      or
      claim of any kind (“Claim”)
      in or
      to any distribution of the trust account described in the Company’s IPO
      prospectus (the “Trust
      Account”),
      and
      hereby agrees not to seek recourse, reimbursement, payment or satisfaction
      for
      any Claim against the Trust Account for any reason whatsoever.

     


      
        	 	 	 
	 	Very truly yours, 
	 	 
	 	SECURE
                AMERICA
                ACQUISITION CORPORATION
	 
 	 
 	 
 
	 	By:  	 
	 	
                

                Name:
                  Harvey L. Weiss

                Title:
                  Co-Chief Executive Officer

              


      


     

    
      
        	
                AGREED TO AND ACCEPTED BY: 

                 

                HOMELAND SECURITY CAPITAL CORPORATION

              	 	 	 
	 	 	 	 
	 	 	 	 
	By:	
              	 	 	 
	
              	
                

                Name:
                  C. Thomas McMillen

                Title:
                  Chief Executive Officer
Issue Date: 03/16/15 1 15-004

NRC INSPECTION MANUAL DIRS

Change Notice 15-004

DELETED: TRANSMITTED:

Number Date Number Date

1. IMC 2506 10/15/14 IMC 2506 03/16/15

2. IP 88002 10/30/08

3. IP 88003 08/10/98 IP 88003 03/16/15

4. IP 88075 07/28/06 IP 88075 03/16/15

TRAINING: No

REMARKS: IMC 2506, “Construction Reactor Oversight Process General Guidance and 

Basis Document,” has been revised to add guidance for inspection activities 

during a lapse in appropriations.

IP 88002, “Operational Event Review and Feedback Programs at Fuel Facilities,” 

has been deleted. The focus of the IP has been added to IP 88020.

IP 88003, “Reactive Inspection for Events at Fuel Cycle Facilities,” has been 

revised to comply with format requirements in IMC 0040, as well as remove the 

requirement to perform an independent root cause analysis, and all references to 

allegation related material. The term “Special Inspection,” has been replaced by 

“Reactive Inspection,” to align with the procedure title. The definition section has 

been streamlined, and IMC 2683 has been added to the reference list.

IP 88075, “Event Follow-Up,” has been revised to comply with format 

requirements in IMC 0040, remove all references to charge codes, and remove 

all references to specific documentation, and all event-related documentation is 

tracked in another system.

DISTRIBUTION: Standard

END
EXHIBIT
32.2
   CERTIFICATION
PURSUANT TO
 18
U.S.C. SECTION 1350,
 AS
ADOPTED PURSUANT TO
 SECTION
906 OF THE SARBANES-OXLEY ACT 0F 2002
   In
connection with the Yearly Report of Medical International Technology, Inc. (the
"Company") on Form 10-K for the year ending September 30, 2008, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Michel Bayouk, Secretary and Principal Accounting 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 result of operations of the
      Company.
  /s/
Michel Bayouk
 Michel
Bayouk
 Secretary
and Principal Accounting Officer
   December
10, 2008