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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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 June 22, 2005 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 04-40896 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JOSE ALEJANDRO MEDINA-HUITRON, also known as Jose A. Medina, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 5:04-CR-112-ALL

-------------------- Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM: * Jose Alejandro Medina-Huitron appeals the sentence imposed following his conviction for attempting to reenter the United States following a prior deportation, in violation of 8 U.S.C. § 1326 and 6 U.S.C. §§ 202 and 557. Finding no error, we affirm. Medina first argues that, in light of United States v. Booker , 125 S. Ct. 738 (2005) , the district court erred in imposing a sentence utilizing the Sentencing Guidelines as mandatory. As Medina did not preserve this issue, we review onlyNo. 04-40896 -2- for plain error. See United States v. Mares , 402 F.3d 511, 520 (5th Cir. 2005), petition for cert. filed (Mar. 31, 2005) (No. 04-9517); see also United States v. Malveaux , __F.3d__, No. 03-41618, 2005 WL 1320362 (5th Cir. Apr. 11, 2005). Application of the Guidelines as mandatory, even absent a Sixth Amendment violation as is the case here, is plain or obvious error after Booker

. See United States v. Valenzuela-Quevedo , 407 F.3d 728, 733 (5th Cir. 2005). However, Medina cannot show that the error affected his substantial rights because the record does not indicate that the district court would have imposed a lower sentence under an advisory, rather than a mandatory, Guidelines scheme. See id. To the contrary, the sentencing transcript demonstrates that the district court believed Medina’s 16-month sentence to be appropriate in light of Medina’s criminal history. Medina’s second argument, that 8 U.S.C. §§ 1326(b)(1) and (2) are unconstitutional, is foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235, 239-47 (1998). See United States v. Martinez-Mata , 393 F.3d 625, 629 n.3 (5th Cir. 2004), cert. denied , 125 S. Ct. 1877 (2005). Medina concedes this point, but raises it to preserve the matter for further review. For the foregoing reasons, the judgment of the district court is AFFIRMED.
#### FOX, Respondent, v. MAHONY, Appellant.

(Supreme Court, Appellate Division, First Department.

February 20, 1903.)

Action by Edward Fox, as administrator, against John J. Mahony. D. P. Mahony, for appellant. L. Van Doren, for respondent.

No opinion. Judgment affirmed, with costs.
§ 35.620 Multifamily insured property constructed before 1960. Except as provided in § 35.630, the following requirements apply to multifamily insured property constructed before 1960: ( a ) *Risk assessment.* Before the issuance of a firm commitment the sponsor shall conduct a risk assessment in accordance with § 35.1320(b).
( b ) *Interim controls.* ( 1 ) The sponsor shall conduct interim controls in accordance with § 35.1330 to treat the lead-based paint hazards identified in the risk assessment. Interim controls are considered completed when clearance is achieved in accordance with § 35.1340.
( 2 ) The sponsor shall complete interim controls before the issuance of the firm commitment or interim controls may be made a condition of the Federal Housing Administration (FHA) firm commitment, with sufficient repair or rehabilitation funds escrowed at initial endorsement of the FHA insured loan.
( c ) *Ongoing lead-based paint maintenance activities.* Before the issuance of the firm commitment, the sponsor shall agree to incorporate ongoing lead-based paint maintenance into regular building operations and maintenance activities in accordance with § 35.1355(a).
* Pursuant to Local Rule 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 Local Rule

47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 96-41000

Conference Calendar

 

JOHN WILLIAM DICKEY,

Plaintiff-Appellant,

versus

U.S. BUREAU OF PRISONS ET AL.,

Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 5:96-CV-192

- - - - - - - - - -

April 17, 1997

Before REAVLEY, DAVIS, and BARKSDALE, Circuit Judges.

PER CURIAM:*

John William Dickey appeals from the dismissal of his action

under the Federal Tort Claims Act (FTCA) and the Americans With

Disabilities Act (ADA) for failure to prosecute or comply with a

court order. Dickey, a former federal prisoner, seeks leave to

proceed in forma pauperis (IFP) on appeal.

Because Dickey has been released from prison, the Prison
No. 96-41000

- 2 -

Litigation Reform Act (PLRA) does not apply to his appeal. 

Because he proceeded IFP in the district court and that court did

not decertify Dickey’s IFP status, Dickey need not obtain leave

of this court to proceed IFP. His motion for leave to proceed

IFP is DENIED as unnecessary.

Dickey has not shown that the district court abused its

discretion by dismissing his action for failure to prosecute or

comply with a court order. McCullough v. Lynaugh, 835 F.2d 1126,

1127 (5th Cir. 1988). Dickey’s appeal lacks arguable merit and

is frivolous. Howard v. King, 707 F.2d 215, 219-20 (5th Cir.

1983).

APPEAL DISMISSED. 5TH CIR. R. 42.2.
#### § 27.115 Disposition of sales proceeds.

The foreclosure commissioner will keep such records as will permit the Secretary to verify the costs claimed, and otherwise to enable the Secretary to audit the foreclosure commissioner's disposition of the sale proceeds.
### §390rr. Central Arizona Project

Lands receiving irrigation water pursuant to a contract with the Secretary as authorized under title III of the Colorado River Basin Project Act (82 Stat. 887; 43 U.S.C. 1521 et seq.) which are placed under recordable contract shall be eligible to receive irrigation water upon terms and conditions related to pricing established by the Secretary pursuant to Federal reclamation law in effect immediately prior to October 12, 1982, for a period of time not to exceed ten years from the date such lands are capable of being served with irrigation water, as determined by the Secretary.

(Pub. L. 97–293, title II, §218, Oct. 12, 1982, 96 Stat. 1271.)

#### **Editorial Notes**

#### References in Text

The Colorado River Basin Project Act, referred to in text, is Pub. L. 90–537, Sept. 30, 1968, 82 Stat. 885. Title III of the Colorado River Basin Project Act is classified generally to subchapter III (§1521 et seq.) of chapter 32 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of this title and Tables.

Federal reclamation law, referred to in text, is defined in section 390aa of this title.
### §963. Applications for Colorado and Wyoming pipeline right of way

Any company or corporation desiring to secure the benefits of sections 962 to 965 of this title shall, within twelve months after the location of ten miles of the pipeline, if the same be upon surveyed lands and if the same be upon unsurveyed lands, within twelve months after the survey thereof by the United States, file with the officer, as the Secretary of the Interior may designate, of the land office for the district where such land is located a map of its line, and upon the approval thereof by the Secretary of the Interior the same shall be noted upon the plats in said office, and thereafter all such lands over which such right of way shall pass shall be disposed of subject to such right of way.

(May 21, 1896, ch. 212, §2, 29 Stat. 127; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

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

#### Repeal; Savings Provision

Section repealed by Pub. L. 94–579, title VII, §706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as applicable to the issuance of rights-of-way over, upon, under, and through the public lands and lands in the National Forest System. Such repeal not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

#### **Executive Documents**

#### Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title.

"Officer, as the Secretary of the Interior may designate" substituted for "register" on authority of section 403 of Reorg. Plan No. 3 of 1946, which abolished all registers of district land offices and transferred functions of register of district land office to Secretary of the Interior. See section 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

GRADY RODRIGUAS BRYE, )

)

Appellant, )

)

v. ) Case No. 2D17-4243

)

STATE OF FLORIDA, )

)

Appellee. )

___________________________________)

Opinion filed August 3, 2018,

Appeal pursuant to Fla. R. App. P.

9.141(b)(2) from the Circuit Court for 

Pinellas County; Philip J. Federico, Judge.

Grady Rodriguas Brye, pro se.

PER CURIAM.

Affirmed. 

SILBERMAN, BLACK, and SLEET, JJ., Concur.
[if !vml]>[endif]>

[if !vml]>[endif]>

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### §325. Resident citizenship of State as qualification for entry

Excepting in the State of Nevada, no person shall be entitled to make entry of desert lands unless he be a resident citizen of the State or Territory in which the land sought to be entered is located.

(Mar. 3, 1877, ch. 107, §8, as added Mar. 3, 1891, ch. 561, §2, 26 Stat. 1097; amended Jan. 6, 1921, ch. 12, 41 Stat. 1086.)

#### **Editorial Notes**

#### Codification

Section is comprised of the second clause of section 8 of act Mar. 3, 1877, as added by act Mar. 3, 1891. The first clause of section 8 of act Mar. 3, 1877, is incorporated in section 323 of this title.

Act Jan. 6, 1921, inserted introductory exception phrase.

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

#### Section as Unaffected by Submerged Lands Act

Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title.
#### § 248.217 Revisions to plan of action.

The owner may from time to time revise the plan of action before its approval as may be necessary to obtain the commissioner's approval thereof. An owner shall submit any revision to the Commissioner, and provide a copy of the revision and all documentation supporting the revision except for that documentation deemed “proprietary information” under § 248.101, to the parties, and in the manner, specified in § 248.213(a).

[58 FR 37817, July 13, 1993]
I 

109TH CONGRESS 

1ST SESSION H. R. 3201

To amend title 5, United States Code, to require executive agencies to pay 

the premiums for health care coverage provided under the Federal Employees Health Benefits program for reservists in the Armed Forces 

called or ordered to active duty for more than 30 days. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 11, 2005

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

Committee on Government Reform 

A BILL

To amend title 5, United States Code, to require executive 

agencies to pay the premiums for health care coverage 

provided under the Federal Employees Health Benefits 

program for reservists in the Armed Forces called or 

ordered to active duty for more than 30 days.

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Health Care Relief 

5 for Military Families Act’’. 
2

•HR 3201 IH 

1 SEC. 2. PAYMENT OF FEHBP PREMIUMS FOR CERTAIN RE2 SERVISTS CALLED OR ORDERED TO ACTIVE 

3 DUTY. 

4 (a) IN GENERAL.—(1) Chapter 89 of title 5, United 

5 States Code, is amended by inserting after section 8905a 

6 the following new section: 

7 ‘‘§ 8905b. Payment of premiums for certain reservists 

8 called or ordered to active duty 

9 ‘‘An employing agency shall be responsible for pay10 ing, for any employee who is a member of a reserve compo11 nent of the armed forces who is called or ordered to active 

12 duty for a period of more than 30 days, the employee’s 

13 share of the premium for health care coverage provided 

14 to such member under this chapter during such period.’’. 

15 (2) The table of sections at the beginning of such 

16 chapter is amended by inserting after the item relating 

17 to section 8905a the following new item:

‘‘8905b. Payment of premiums for certain reservists called or ordered to active 

duty.’’.

18 (b) APPLICABILITY.—Section 8905b of title 5, United 

19 States Code (as added by subsection (a)), shall apply with 

20 respect to health care coverage provided to a member of 

21 a reserve component of the Armed Forces on or after the 

22 date of the enactment of this Act.

Æ
Exhibit 15.1

April 26, 2012

SouFun Holdings Limited

8th Floor, Tower 3, Xihuan Plaza

No. 1
Xizhimenwai Avenue

Xicheng District

Beijing 100044

Peoples Republic of China

Dear Sirs,

We
consent to the reference to our firm under the heading Risk Factors and Regulations in SouFun Holdings Limiteds Annual Report on Form 20-F for the year ended December 31, 2011, which will be filled with the
Securities and Exchange Commission (the SEC). We also consent to the filing with the SEC of this consent letter as an exhibit to the Annual Report on Form 20-F for the year ended December 31, 2011.



|                        
|------------------------
|Yours faithfully,       
|                        
|/s/ Jingtian & Gongcheng
|Jingtian & Gongcheng
#### § 206.7 Effect of amendments.

The regulations in this part may be amended by the Commissioner at any time and from time to time, in whole or in part, but amendments to subparts B and C of this part will not adversely affect the interests of a mortgagee on any mortgage to be insured for which either the Direct Endorsement mortgagee or Lender Insurance mortgagee has approved the borrower and all terms and conditions of the mortgage, or the Commissioner has made a commitment to insure. Such amendments will not adversely affect the interests of a borrower in the case of a default by a mortgagee where the Commissioner makes payments to the borrower.
#### In the Matter of Samuel Michael T.

Appeal dismissed, without costs, upon stipulation. (Appeal from order of Cattaraugus Family Court— juvenile delinquent.) Present—Cardamone, J. P., Dillon, Hancock, Jr., Den-man and Witmer, JJ.
I 

109TH CONGRESS 

1ST SESSION H. R. 2782 

To suspend temporarily the duty on Triacetonamine. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 7, 2005 

Mrs. JOHNSON of Connecticut introduced the following bill; which was referred 

to the Committee on Ways and Means 

A BILL 

To suspend temporarily the duty on Triacetonamine. 

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

3 SECTION 1. TRIACETONAMINE. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 

‘‘ 9902.05.96 2,2,6,6-Tetramethyl-4- 

piperidone (CAS No. 826– 

36–8) (provided for in subheading 2933.39.61) ............ Free Free No change On or before 

12/31/2008 ’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 subsection (a) applies to goods entered, or withdrawn from 
2 

•HR 2782 IH 

1 warehouse for consumption, on or after the 15th day after 

2 the date of enactment of this Act. 

Æ
#### § 207.499 Effect of amendments.

The regulations in this subpart may be amended by the Commissioner at any time and from time to time, in whole or in part, but such amendment shall not adversely affect the interests of a mortgagee or lender under the contract of insurance on any mortgage or loan already insured and shall not adversely affect the interests of a mortgagee or lender on any mortgage or loan to be insured on which the Commissioner has made a commitment to insure.
### §390g–6. Matching basis for funding phase II from non-Federal sources

The funds authorized to be appropriated pursuant to section 390g–5 of this title shall match on a four-to-one basis funds made available by the States, their political subdivisions, or other non-Federal entities to meet the cost of phase II: Provided, That, inkind services or other contributions by the States, their political subdivisions, or other non-Federal entities shall be considered in the determination of the matching non-Federal share. The Secretary is authorized to enter into memoranda of agreement with any appropriate agencies or departments of the High Plains States and other Reclamation Act States to share the costs of phase II.

(Pub. L. 98–434, §8, Sept. 28, 1984, 98 Stat. 1677.)
### §9009. Authorization of appropriations

(a) There is hereby authorized to be appropriated to carry out the purposes of this chapter the sum of $20,000,000 for operating expenses for the fiscal year ending September 30, 1981, in addition to any amounts authorized to be appropriated in the fiscal year 1981 Authorization Act pursuant to section 7270 of this title.

(b) There is hereby authorized to be appropriated to carry out the purposes of this chapter the sum of $60,000,000 for operating expenses for the fiscal year ending September 30, 1982.

(c) Funds are hereby authorized to be appropriated for fiscal year 1981 to carry out the purposes of section 9004 of this title for plant and capital equipment as follows:

Project 81–ES–1, ocean thermal energy conversion demonstration plants with a combined capacity of at least one hundred megawatts electrical or the energy product equivalent, sites to be determined, conceptual and preliminary design activities only $5,000,000.

(d) Funds are hereby authorized to be appropriated for fiscal year 1982 to carry out the purposes of section 9004 of this title for plant and capital equipment as follows:

Project 81–ES–1, ocean thermal energy conversion demonstration plants with a combined capacity of at least one hundred megawatts electrical or the energy product equivalent, sites to be determined, conceptual and preliminary design activities only $25,000,000.

(Pub. L. 96–310, §10, July 17, 1980, 94 Stat. 946.)
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano,

Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

September 9, 2014 

# Order

September 9, 2014

148617 ( 53 )

KENNETH J. SPEICHER

, Plaintiff

- Appell ee

,

v

COLUMBIA TOWNSHIP BOARD OF TRUSTEES

and COLUMBIA TOWNSHIP PLANNING

COMMISSION

, Defendant s

- Appell ants

. SC: 148617

COA: 306684

Van Buren CC: 11

- 600857

- CZ

__________________________________________ /

On order of the Chief Justice, the motion of the Michigan Townships Association

and the Michigan Municipal League to extend the time to file an amici curiae brief is

GRANTED. The brief submitted on August 29, 2014 , is accepted for filing.
<PAGE>

                                   EXHIBIT 32

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

<PAGE>

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


Donald S. Hom, President, Chief Executive Officer and Chief Financial Officer of
Lincoln Park Bancorp (the "Company"), certifies in his capacity as an officer of
the Company that he has reviewed the Annual Report of the Company on Form 10-KSB
for the year ended December 31, 2004 and that to the best of his knowledge:

        1.      the report fully complies with the requirements of Sections
                13(a) 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.

The purpose of this statement is solely to comply with Title 18, Chapter 63,
Section 1350 of the United States Code, as amended by Section 906 of the
Sarbanes-Oxley Act of 2002.




March 28, 2005                            /s/ Donald S. Hom
--------------                            --------------------------------------
Date                                      Donald S. Hom
                                          President, Chief Executive Officer and
                                          Chief Financial Officer
IIB 

109TH CONGRESS 

1ST SESSION H. R. 3130 

IN THE SENATE OF THE UNITED STATES 

JUNE 30, 2005 

Received 

JULY 1, 2005 

Read twice and referred to the Committee on Appropriations 

AN ACT 

Making supplemental appropriations for fiscal year 2005 for 

veterans medical services. 

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

3 That the following sums are appropriated, out of any 
2 

HR 3130 RFS 

1 money in the Treasury not otherwise appropriated, for fis2 cal year 2005: 

3 DEPARTMENT OF VETERANS AFFAIRS 

4 VETERANS HEALTH ADMINISTRATION

5 MEDICALSERVICES

6 For an additional amount for ‘‘Medical Services’’, 

7 $975,000,000, to remain available until September 30, 

8 2006. 

Passed the House of Representatives June 30, 2005. 

Attest: JEFF TRANDAHL, 

Clerk.
###### Editorial Note on Part 5

#### Editorial Note:

Nomenclature changes to part 5 appear at 65 FR 16715, Mar. 29, 2000.

#### § 5.1001 Applicability.

This subpart applies to all applicants for HUD grants, cooperative agreements, capital fund or operating fund subsidy, capital advance, or other assistance under HUD programs, including grant programs that are classified by OMB as including formula grant programs or activities, but excluding FHA insurance and loan guarantees that are not associated with a grant program or grant award.