alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Power of Attorney


Know all by these presents, that the undersigned (the "Reporting Person")
hereby constitutes and appoints each of Melanie A. DeMorrow, Assistant Vice
President-Shareholder Relations; Richard M. Lavers, Secretary; Joseph P.
Tomczak, Executive Vice President & C.F.O.; Kathy Samovitz, Associate
Counsel; and Jessica L. Long, Assistant Secretary,  signing singly, as the
Reporting Person's true and lawful attorney-in-fact, to:

(1) execute for and on behalf of the Reporting Person, in the Reporting
Person's capacity as an officer or trustee of Coachmen Industries, Inc.
(the "Company"), Forms 3, 4, and 5 and such other similar forms as may be
required for filing in accordance with Section 16(a) of the Securities
Exchange Act of 1934, or the Sarbanes-Oxley Act of 2002, and the rules
thereunder;

(2) do and perform all acts for and on behalf of the Reporting Person
which may be necessary or desirable to complete and execute any such forms
and timely file such forms with the United States Securities and Exchange
Commission and any stock exchange or similar authority or other federal
agency; and

(3) take any other action of any type whatsoever in connection with the
foregoing which, in the opinion of such attorney-in-fact, may be of benefit
to, and in the best interest of, or legally required by, the Reporting
Person.

The Reporting Person hereby grants to each such attorney-in-fact full power and
authority to do and perform any and every act and thing whatsoever requisite,
necessary, or proper to be done in the exercise of any of the rights and powers
herein granted, as fully to all intents and purposes as the Reporting Person
might or could do if personally present, with full power of substitution or
revocation, hereby ratifying and confirming all that such attorney-in-fact, or
such attorney-in-facts substitute or substitutes, shall lawfully do or cause to
be done by the virtue of this Power of Attorney and the rights and powers
herein granted.  The Reporting Person acknowledges that the foregoing
attorneys-in fact, in serving in such capacity at the request of the Reporting
Person, are not assuming, nor is the company assuming, any of the Reporting
Persons responsibilities to comply with any of the above specified laws or
regulations.

This Power of Attorney shall remain in full force and effect until the
Reporting Person is no longer required to file such forms with respect to the
Reporting Person's holdings of and transactions in securities issued by the
Company, unless earlier revoked by the Reporting Person in a signed writing
delivered to the Secretary of  the Company.

IN WITNESS WHEREOF, the Reporting Person has caused this Power of Attorney to
be executed as of this 14th day of June, 2004.



						s/Joseph P. Tomczak
#### UNITED STATES of America, Plaintiff-Appellee, v. Jose Luis SEGOVIANO-CRUZ, Defendant-Appellant.

No. 06-40656

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

April 26, 2007.

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

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

Before JONES, Chief Judge; and KING and DAVIS, Circuit Judges.

PER CURIAM: *

Jose Luis Segoviano-Cruz (Segoviano) appeals his conviction and sentence for illegal reentry after deportation. Segoviano contends, and the Government concedes, that the district court misapplied the Sentencing Guidelines by increasing his sentence based on a prior Texas conviction that was not a “crime of violence” under the Guidelines and *United States v. Fierro-Reyna*466 F.3d 324, 327-29 (5th Cir.2006). The Government argues that the error was harmless but fails to show that the error did not affect the selection of the sentence. *See Williams v. United States,*503 U.S. 193, 203, 112 S.Ct. 1112, 117 L.Ed.2d 341 (1992), *cited in United States v. Davis,*478 F.3d 266, 272-73 (5th Cir.2007). The Government failed to bear its burden of showing that the district court would have imposed the same sentence absent the error. *See Williams,*503 U.S. at 203,112 S.Ct. 1112. We vacate the sentence and remand for resentencing in accordance with *Fierro-Reyna.*

Segoviano argues, in light of *Apprendi v. New Jersey,*530 U.S. 466, 120 S.Ct. *3092348, 147 L.Ed.2d 435 (2000), that any term of imprisonment of more than two years exceeds the statutory maximum sentence allowed for the 8 U.S.C. § 1326(a) offense charged in his indictment. He challenges the constitutionality of § 1326(b)’s treatment of prior felony and aggravated felony convictions as sentencing factors rather than elements of the offense that must be found by a jury.

Segoviano’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 he 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). Segoviano 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. Segoviano’s conviction is affirmed.

AFFIRMED IN PART; VACATED AND REMANDED IN PART.

*

 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.
§ 1509.200 What must I do to comply with this part? There are two general requirements if you are a recipient other than an individual. ( a ) First, you must make a good faith effort, on a continuing basis, to maintain a drug-free workplace. You must agree to do so as a condition for receiving any award covered by this part. The specific measures that you must take in this regard are described in more detail in subsequent sections of this subpart. Briefly, those measures are to— ( 1 ) Publish a drug-free workplace statement and establish a drug-free awareness program for your employees (see §§ 1509.205 through 1509.220); and
( 2 ) Take actions concerning employees who are convicted of violating drug statutes in the workplace (see § 1509.225).
( b ) Second, you must identify all known workplaces under your Federal awards (see § 1509.230).
§ 204.30 Purpose and scope. ( a ) This regulation provides procedures for the collection by administrative offset against a federal employee's current pay account without his/her consent under 5 U.S.C. 5514 to satisfy certain debts owed to the Commission. This regulation does not apply when the employee consents to recovery from his/her current pay account.
( b ) This regulation does not preclude an employee from requesting a waiver or questioning the amount or validity of a debt by submitting a claim to the General Accounting Office in accordance with procedures prescribed by the General Accounting Office.
( c ) This Salary Offset plan is for internal use and Government-wide claims collections. 5 CFR 550.1104(a). This regulation implements 5 U.S.C. 5514; 5 CFR part 550, subpart K.
#### § 274.200 Form N-17D-1, report filed by small business investment company (SBIC) registered under the Investment Company Act of 1940 and an affiliated bank, with respect to investments by the SBIC and the bank, submitted pursuant to paragraph (d)(3) of § 270.17d-1 of this chapter.

This form shall be filed pursuant to Rule 17d-2 (§ 270.17d-2 of this chapter) as the report required, under subparagraph (d)(3) of Rule 17d-1 (§ 270.17d-1(d)(3) of this chapter), to be filed, either jointly or separately, by a small business investment company (SBIC) licensed as such under the Small Business Investment Act of 1958, and by a bank which is an affiliated person of either the SBIC or of an affiliated person of the SBIC, with respect to investments in a small business concern by the SBIC and the bank.

###### Editorial Note

#### Editorial Note:

For Federal Register citations affecting Form N-17D-1, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at *www.govinfo.gov.*
```
                         [NOT FOR PUBLICATION]

                    UNITED STATES COURT OF APPEALS
                         FOR THE FIRST CIRCUIT
                         ____________________


No. 97-2219


                            UNITED STATES,

                               Appellee,

                                  v.

   DANIEL J. ORTIZ-MEDINA, A/K/A FLAT TOP, A/K/A FLAT, A/K/A DEINI,

                         Defendant, Appellant.

                         ____________________


             APPEAL FROM THE UNITED STATES DISTRICT COURT

                    FOR THE DISTRICT OF PUERTO RICO

           [Hon. Salvador E. Casellas, U.S. District Judge]

                         ____________________

                                Before

                         Boudin, Circuit Judge,
                     Coffin, Senior Circuit Judge,
                       and Lynch, Circuit Judge.

                         ____________________

    Lydia Lizarribar-Masini on brief for appellant.
    Guillermo Gil, United States Attorney, Camille Velez-Rive and Nelson
Perez-Sosa, Assistant United States Attorneys, and Jose A. Quiles-
Espinosa, Senior Litigation Counsel, on brief for appellee.


                         ____________________

                            March 20, 1998
                         ____________________



      Per Curiam.  Upon careful review of the briefs and record,
    we perceive no merit in appellant's contentions.  
        The district court did not abuse its discretion in
    refusing appellant's request to withdraw his guilty plea.  The
    district court weighed the proper factors and sensibly
    concluded that appellant had not shown a fair and just reason
    to withdraw the plea.  That conclusion was well supported by
    appellant's answers during the regular plea colloquy, along
    with the testimony of appellant's former attorney.  We cannot
    say that the district court was required to adopt appellant's
    subsequent, contradictory statements, which the district court
    found to lack credibility.  See United States v. Marrero-
    Rivera, 124 F.3d 342, 347-48 (1st Cir. 1997).
        Further, the district court did not abuse its discretion
    in imposing a 2-level weapons enhancement under U.S.S.G. �
    2D1.1(b)(1).  That enhancement was amply supported by the
    government's version of the facts as agreed to by appellant,
    along with other information about the reasonably foreseeable
    violent nature of the conspiracy.  At sentencing, the district
    court was not required to allow appellant to attempt to impeach
    a particular co-defendant's prior testimony on that point.  SeeFed. R. Crim. P. 32(c)(1).
        Affirmed.  See 1st Cir. Loc. R. 27.1.
```
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM (A) AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH (B)
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JUL-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                         883,648
<SECURITIES>                                         0
<RECEIVABLES>                                  570,678
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             1,454,326
<PP&E>                                      24,484,526
<DEPRECIATION>                                  80,484
<TOTAL-ASSETS>                              25,858,368
<CURRENT-LIABILITIES>                           92,121
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  25,766,247
<TOTAL-LIABILITY-AND-EQUITY>                25,858,368
<SALES>                                      1,139,474
<TOTAL-REVENUES>                             1,385,493
<CGS>                                                0
<TOTAL-COSTS>                                  138,745
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              1,246,748
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          1,246,748
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,246,748
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
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              																								United States. Bureau of Labor Statistics.						"Exploring Careers: Health Occupations : Bulletin of the United States Bureau of Labor Statistics, No. 2001-11" in *Exploring Careers*			(1979).						https://fraser.stlouisfed.org/title/4731/item/499434, accessed on September 26, 2024.	    

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Editorial Note on Part 161
Editorial Note: Nomenclature changes to part 161 appear at 85 FR 32296, July 13, 2020.

§ 161.4 Definitions. Definitions for many terms used in these regulations may be found in section 1508 of the CEQ Regulations. In addition, for the purpose of these regulations, the term: ( a ) *Responsible action officer* means the Department officer principally responsible for the preparation of action memoranda and other documents relating to a given Departmental action to which by these regulations apply. Ordinarily, the responsible action officer will be the country or office director whose office has action responsibility for a given action.
( b ) *CEQ Regulations* means the regulations implementing the procedural provisions of the National Environmental Policy Act, issued by the Council on Environmental Quality on November 29, 1978 (43 FR 55978-56007), and codified at 40 CFR parts 1500-1508.
( c ) *United States* means the States, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Marianas, the Trust Territory of the Pacific Islands, American Samoa, the U.S. Virgin Islands, Guam and the other territories and possessions of the United States, including the territorial seas thereof. For the purpose of these regulations, actions having significant environmental effects on the resources of the U.S. continental shelf or resources of the U.S. Fishery Conservation Zone subject to the jurisdiction of the United States shall be considered to be actions having significant environmental effects in the United States.
( d ) *Environmental document* means an environmental assessment, an environmental impact statement, a Finding of No Significant Impact or a Notice of Intent prepared under these regulations.
§ 1414.2 Unauthorized communications. ( a ) No interested person outside this agency shall, in any Board proceeding subject to 5 U.S.C. 557(a), make or knowingly cause to be made any prohibited ex parte communication to any Board member or Authority employee who is or may reasonably be expected to be involved in the decisional process of the proceeding.
( b ) No Board member or Authority employee who is or may reasonably be expected to be involved in the decisional process of the proceeding relevant to the merits of the proceeding shall: ( 1 ) Request any prohibited ex parte communications; or
( 2 ) make or knowingly cause to be made any prohibited ex parte communications about the proceeding to any interested person outside this agency relevant to the merits of the proceeding.
Exhibit 32.2

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER


         Pursuant to Section 906 of the Sarbanes-Oxley Act 2002 (18 U.S.C.
1350), the undersigned, Cindy Lea Gimler, Chief Financial Officer of Puradyn
Filter Technologies Incorporated ("the Company") has executed this certification
in connection with the filing with the Securities and Exchange Commission of the
Company's Form 10-QSB for the quarter ended March 31, 2005 (the "Report").

         The undersigned certifies 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 operation of the Company.

         IN WITNESS WHEREOF, the undersigned has executed this certification as
of the 23rd day of May 2005.




                                              /s/ Cindy Lea Gimler
                                              ----------------------------------
                                                  Name: Cindy Lea Gimler
                                                  Title: Chief Financial Officer
### §2341. Applicability of subchapter

The provisions of this subchapter shall be made applicable at each community as soon as the Commission makes a finding in writing that there is a reasonable possibility that the Government-owned real property at such community can be disposed of in accordance with the provisions of this subchapter.

(Aug. 4, 1955, ch. 543, ch. 5, §51, 69 Stat. 476.)

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

#### Transfer of Functions

Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of this title. See also Transfer of Functions notes set out under those sections.
**EXHIBIT 31.2****CERTIFICATION UNDER SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**I, Polly E. Boe, Chief Financial Officer, certify that:1. I have reviewed this report on Form 10-Q for the period ended October 2, 2005 of RedEnvelope,Inc.;2. Based on my knowledge, this report does not contain any untrue statement of a material fact oromit to state a material fact necessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respect to the period covered by thisreport;3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results of operationsand 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 maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) forthe registrant and have:a. designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relatingto the registrant, including its consolidated subsidiaries, is made known to us by otherswithin those entities, particularly during the period in which this report is being prepared;b. [paragraph omitted pursuant to SEC Release 33-8238]; andc. evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controlsand procedures, as of the end of the period covered by this report based on such evaluation;andd. disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter that hasmaterially affected, or is reasonably likely to materially affect, the registrant’s internalcontrol over financial reporting; and5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee of the registrant’s board of directors (or persons performing the equivalent functions):a. all significant deficiencies and material weaknesses in the design or operation ofinternal controls over financial reporting which are reasonably likely to adversely affectthe registrant’s ability to record, process, summarize and report financial information; andb. any fraud, whether or not material, that involves management or other employees who have asignificant role in the registrant’s internal controls over financial reporting.Date: November 15, 2005   *By: /s/ POLLY E. BOE*  *Polly E. Boe*
###### Editorial Note on Part 249

#### Editorial Note:

Nomenclature changes to part 249 appear at 57 FR 36501, Aug. 13, 1992, and 57 FR 47409, Oct. 16, 1992.

#### § 249.641 Form CRS, Relationship Summary for Brokers and Dealers Providing Services to Retail Investors, pursuant to § 240.17a-14 of this chapter.

This form shall be prepared and filed by brokers and dealers registered with the Securities and Exchange Commission pursuant to Section 15 of the Act that offer services to a retail investor pursuant to § 240.17a-14 of this chapter.

[84 FR 33630, July 12, 2019]

###### Editorial Note

#### Editorial Note:

For Federal Register citations affecting Form CRS, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at *www.govinfo.gov.*
#### The People of the State of New York v. Carl Edelson.

Motion for an order directing production of certain documents for examination by this court and for other relief denied in all respects. Concur — Breitel, J. P., Valente, Stevens, Eager and Steuer, JJ.