alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

for the Fifth Circuit

No. 21-50733

consolidated with

No. 21-50755

Summary Calendar

United States of America, 

Plaintiff—Appellee,

versus

Emeterio Mata-Tarango, 

Defendant—Appellant.

Appeals from the United States District Court

for the Western District of Texas

USDC No. 4:21-CR-190-1

USDC No. 4:18-CR-850-1

Before Davis, Jones, and Elrod, Circuit Judges.

Per Curiam:*

Emeterio Mata-Tarango appeals his conviction and sentence for 

illegal reentry after deportation in violation of 8 U.S.C. § 1326(a) and (b)(2), 

* Pursuant to 5th Circuit 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opinion should not be published and is not precedent except under the limited 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 5th Circuit Rule 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

February 23, 2022

Lyle W. Cayce

Clerk

Case: 21-50733 Document: 00516214992 Page: 1 Date Filed: 02/23/2022
No. 21-50733

c/w No. 21-50755

2

along with the revocation of a term of supervised release he was serving at 

the time of the offense. He has not briefed the validity of the revocation of 

his supervised release or his revocation sentence and has, therefore, 

abandoned any challenge to them. See United States v. Reagan, 596 F.3d 251, 

254-55 (5th Cir. 2010).

For the first time on appeal, Mata-Tarango contends that it violates 

the Constitution to treat a prior conviction that increases the statutory 

maximum under § 1326(b) as a sentencing factor, rather than as an element 

of the offense. He concedes that the issue is foreclosed by Almendarez-Torres 

v. United States, 523 U.S. 224 (1998), but he seeks to preserve it for further 

review. Agreeing that the issue is foreclosed, the Government moves without 

opposition for summary affirmance, or, alternatively, for an extension of time 

to file its brief.

The parties are correct that Mata-Tarango’s assertion is foreclosed by 

Almendarez-Torres. See United States v. Pervis, 937 F.3d 546, 553-54 (5th Cir. 

2019). Accordingly, the motion for summary affirmance is GRANTED, see 

Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), the 

Government’s alternative motion for an extension of time to file a brief is 

DENIED, and the judgments of the district court are AFFIRMED.

Case: 21-50733 Document: 00516214992 Page: 2 Date Filed: 02/23/2022
Exhibit32.2

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION1350, AS ADOPTED PURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002

In connection with the AnnualReport of Celanese Holdings LLC (the"Company") on Form 10-K for theperiod ending December  31,  2004 as filed with theSecurities and Exchange Commission on the date hereof (the"Report"), I, Corliss Nelson, VicePresident and Chief Financial Officer of the Company, hereby certify,pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that:

|          |                                                                                                                     |
|----------|---------------------------------------------------------------------------------------------------------------------|
| 1.  | The Report fully complies with therequirements of section 13(a) or 15(d) of the Securities Exchange Actof 1934; and |

|          |                                                                                                                                                    |
|----------|----------------------------------------------------------------------------------------------------------------------------------------------------|
| 2.  | The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company. |

Date: March 31, 2005

/s/ CorlissNelsonCorliss NelsonVice President and Chief FinancialOfficer

----
§ 990.210 Payment of operating subsidy. ( a ) *Payments of operating subsidy under the formula.* HUD shall make monthly payments equal to 1 ⁄ 12 of a PHA's total annual operating subsidy under the formula by electronic funds transfers through HUD's automated disbursement system. HUD shall establish thresholds that permit PHAs to request monthly installments. Requests by PHAs that exceed these thresholds will be subject to HUD review. HUD approvals of requests that exceed these thresholds are limited to PHAs that have an unanticipated and immediate need for disbursement.
( b ) *Payments procedure.* In the event that the amount of operating subsidy has not been determined by HUD as of the beginning of the funding period, operating subsidy shall be provided monthly, quarterly, or annually based on the amount of the PHA's previous year's formula or another amount that HUD may determine to be appropriate.
( c ) *Availability of funds.* In the event that insufficient funds are available, HUD shall have discretion to revise, on a pro rata basis, the amounts of operating subsidy to be paid to PHAs.
### §70004. Considerations by Secretary

In carrying out the duties of the Secretary under sections 70001, 70002, and 70003, the Secretary shall—

(1) take into account all relevant factors concerning navigation and vessel safety, protection of the marine environment, and the safety and security of United States ports and waterways, including—

(A) the scope and degree of the risk or hazard involved;

(B) vessel traffic characteristics and trends, including traffic volume, the sizes and types of vessels involved, potential interference with the flow of commercial traffic, the presence of any unusual cargoes, and other similar factors;

(C) port and waterway configurations and variations in local conditions of geography, climate, and other similar factors;

(D) the need for granting exemptions for the installation and use of equipment or devices for use with vessel traffic services for certain classes of small vessels, such as self-propelled fishing vessels and recreational vessels;

(E) the proximity of fishing grounds, oil and gas drilling and production operations, or any other potential or actual conflicting activity;

(F) environmental factors;

(G) economic impact and effects;

(H) existing vessel traffic services; and

(I) local practices and customs, including voluntary arrangements and agreements within the maritime community; and

(2) at the earliest possible time, consult with and receive and consider the views of representatives of the maritime community, ports and harbor authorities or associations, environmental groups, and other persons who may be affected by the proposed actions.

(Added Pub. L. 115–282, title IV, §401(a), Dec. 4, 2018, 132 Stat. 4257.)
[Federal Register Volume 85, Number 235 (Monday, December 7, 2020)]
[Notices]
[Page 78829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26895]


=======================================================================
-----------------------------------------------------------------------

CONSUMER PRODUCT SAFETY COMMISSION


Sunshine Act Meetings

TIME AND DATE: Wednesday, December 9, 2020; 11:00 a.m.

PLACE: This meeting will be conducted by remote means.

STATUS: Commission Meeting--Closed to the Public.

MATTERS TO BE CONSIDERED: Staff will brief the Commission on various 
compliance matters.

CONTACT PERSON FOR MORE INFORMATION: Alberta E. Mills, Secretary, 
Division of the Secretariat, Office of the General Counsel, U.S. 
Consumer Product Safety Commission, 4330 East West Highway, Bethesda, 
MD 20814, (301) 504-7479 (Office) or 240-863-8938 (cell).

    Dated: December 2, 2020.
Alberta E. Mills,
Secretary.
[FR Doc. 2020-26895 Filed 12-3-20; 11:15 am]
BILLING CODE 6355-01-P
**Exhibit 99.1** **Report    on Financial Statement Schedule of Independent Registered Public    Accounting Firm**     The Board of Directors and Shareholder    Celanese Holdings LLC:     Under date of February 22, 2007, except as to Notes 6    and 31 (sale of oxo products and derivatives business), which    are as of February 23, 2007, we reported on the consolidated    balance sheets of Celanese Holdings LLC and subsidiaries    (“Successor” or “the Company”) as of    December 31, 2006 and December 31, 2005 and the    related consolidated statements of operations,    shareholder’s equity, and cash flows for the year ended    December 31, 2006 and December 31, 2005 and the    nine-month period ended December 31, 2004. In connection    with our audits of the aforementioned consolidated financial    statements, we also audited the accompanying related    consolidated financial statement schedule. The consolidated    financial statement schedule is the responsibility of the    Company’s management. Our responsibility is to express an    opinion on this consolidated financial statement schedule based    on our audits.     In our opinion, such financial statement schedule, when    considered in relation to the basic consolidated financial    statements taken as a whole, presents fairly, in all material    respects, the information set forth herein.     The audit report on the consolidated financial statements of    Celanese Holdings LLC and subsidiaries referred above contains    explanatory paragraphs related to (1) the Company’s    adoption of Statement of Accounting Standards No. 123    (revised 2004), “Share-Based Payment,” and Statement    of Accounting Standards No. 158, “Employers’    Accounting for Defined Benefit Pension and Other Postretirement    Plans,” both of which were adopted during the year ended    December 31, 2006 and (2) the Company’s    acquisition of 84.3% of the outstanding stock of Celanese AG in    a business combination in April 2004. As a result of the    acquisition, the consolidated financial information for the    periods after the acquisition is presented on a different cost    basis than that for the periods before the acquisition and,    therefore, is not comparable. /s/  KPMG    LLP     Dallas, Texas    February 22, 2007
Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND PRINCIPAL FINANCIAL OFFICER
PURSUANT TO 18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, Douglas Boateng, the Chief Executive Officer and Herminder Rai the Chief Financial Officer of Douglas Lake Minerals Inc. (the "Company"), each hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to his knowledge, the Annual Report on Form 10-K for the year ended May 31, 2011, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and that the information contained in the Annual Report on Form 10-K, as amended, fairly presents in all material respects the financial condition and results of operations of the Company.

Date:  September 13, 2011

By: "Douglas Boateng"       Douglas Boateng
       Chief Executive Officer and a director

By: "Herminder Rai"      Herminder Rai
      Chief Financial Officer, Secretary and Treasurer

A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signatures that appear in typed form within the electronic version of this written statement required by Section 906, has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.

__________
SAMUEL WHITE,

Petitioner,

v.

JULIE L. JONES, SECRETARY,

FLORIDA DEPARTMENT OF 

CORRECTIONS,

Respondent.

___________________________/

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D16-4696

Opinion filed December 6, 2016.

Petition for Writ of Habeas Corpus -- Original Jurisdiction.

Samuel White, pro se, Petitioner.

Pamela Jo Bondi, Attorney General, Tallahassee; Kenneth S. Steely, General Counsel, 

Department of Corrections, Tallahassee, for Respondent.

PER CURIAM.

DISMISSED. See Baker v. State, 878 So. 2d 1236 (Fla. 2004).

ROBERTS, C.J., MAKAR and M.K. THOMAS, JJ., CONCUR.
§ 791.405 Reallocations of budget authority. ( a ) The field office shall make every reasonable effort to use the budget authority made available for each allocation area within such area. If the Program Office Director determines that not all of the budget authority allocated for a particular allocation area is likely to be used during the fiscal year, the remaining authority may be allocated to other allocation areas where it is likely to be used during that fiscal year.
( b ) If the Assistant Secretary determines that not all of the budget authority allocated to a field office is likely to be used during the fiscal year, the remaining authority may be reallocated to another field office where it is likely to be used during that fiscal year.
( c ) Any reallocations of budget authority among allocation areas or field offices shall be consistent with the assignment of budget authority for the specific program type and established set-asides.
( d ) Notwithstanding the requirements of paragraphs (a) through (c) of this section, budget authority shall not be reallocated for use in another State unless the Program Office Director or the Assistant Secretary has determined that other allocation areas within the same State cannot use the available authority during the fiscal year.
****THE WHITE HOUSE
                        WASHINGTON
MEMBERS OF CONGRESS:
I am pleased to forward with this letter "High PerformanceComputing and Communciations: Foundation for America'sInformation Future" prepared by the High Performance Computing,Communications and Information Technology (HPCCIT) Subcommitteeof the National Science and Technology Council's Committee onInformation and Communications (CIC). This report, whichsupplements the President's Fiscal Year 1996 Budget, describesthe interagency High Performance Computing and CommunicationsProgram.
America stands preeminent today among the nations of the world inits mastery and deployment of information technologies.  Underthe HPCC Program, government, industry, and academia have helpedto lay the technological foundations for the National and GlobalInformation Infrastructures and to maintain our global leadershipin science and engineering.  The "virtual agency" concept, whichthe HPCC Subcommittee has successfully implemented, is a keyelement of our collective effort to re-invent the Federalgovernment to achieve greater efficiencies and productivity.
As noted in a recent National Research Council report requestedby Congress to study the HPCC program: "Publicly funded researchin information technology will continue to create important newtechnologies and industries, some of them unimagined today, andthe process will take 10 to 15 years.  The High PerformanceComputing and Communications Initiative is the main vehicle forpublic research in information technology."  Sustained, long termcommitment to the fundamental science and advanced technologiesfor our information future is essential, and this Programrepresents an opportunity to accelerate opportunities forinnovation.  The HPCC program has demonstrated its ability tosolve the next set of long term problems in fast movingtechnology areas which is the key to laying the foundation forAmerica's information ftiture.
This past year marked the first full year of operation for theNational Science and Technology Council (NSTC) and the successfuldevelopment of a comprehensive Strategic Implementation Plan bythe CIC. It is the beginning of an important dialogue to guidefuture public R&D investments in computing and communications.HPCC technologies are at the core of the overall strategy.
The HPCCIT Subcommittee and its member agencies have maintained aclose working relationship with the private sector and academia,which is illustrated throughout the document.  John C. Toole,Chair of the HPCCIT Subconunittee, Donald A. B. Lindberg, formerchair, the many people in the HPCC agencies, their associates,and staff are to be commended for making HPCC a role model forstreamlined, efficient, and highly effective governmentinvestment in advanced technology.
John H. Gibbons****
#### § 884.222 Inapplicability of low-rent public housing model lease and grievance procedures.

Model lease and grievance procedures established by HUD for PHA-owned low-rent public housing are applicable only to PHA-Owner Projects under the Section 8 Housing Assistance Payments Program.
First Department,

June, 1963

(June 4, 1963)

#### 418 Trading Corp., Appellant, v. Pearl Oconefsky et al., Respondents.

Judgment dismissing the complaint on the merits and granting judgment to defendants on their counterclaim, affirmed, with costs, on the opinion of Mr. Justice Loreto, at Special Term. Concur — Rabin, J. P., McNally and Stevens, JJ.; Steuer and Eager, JJ., dissent and vote to reverse and grant judgment in favor of plaintiff 'in the following memorandum by Eager, J. The judgment for defendants should be reversed on the law and on the facts, and judgment of foreclosure and sale directed in favor of the plaintiff. The defendant wife and her attorney each testified that the agreement was that the loar was to be made to the W'arren Hardware Corp., which was a corporation under- the control of the individual defendants, and that such defendants were to guarantee payment of the same. Furthermore, the documents establish that this was the arrangement and that the defendants’ bond and mortgage, which is the subject of this action, were executed to guarantee the payment of the loan. There was no evidence of any fraud, misrepresentation or undue pressure; and it being clear that the defendants voluntarily acceded -to the arrangement, expressly made, whereby the lo'an was made to the corporation and whereby they as individuals guaranteed payment of the same, it is clear that the defense of usury was not available to them. (See *Jenkins*v. *Moyse,*254 N. Y. 319; *Bradley*V. *Selengut,*269 App. Div. 209; *Werger*v. *Haines Corp.,*94 N. Y. S. 2d 691, affd. 277 App. Div. 1108, affd. 302 N. Y. 930; *Uno Equities*v. *Sutton Place View Corp.,*N. Y. L. J., April 17, 1962, p. 12, col. 2, affd. 18 A D 2d 796; *Kings Mercantile Co.*v. *Cooper,*199 Misc. 381; *Shapiro*v. *Weissman,*19 Misc 2d 407.) [37 Misc 2d 745.]
### §390h–10. San Diego area water reclamation program

(a) The Secretary, in cooperation with the city of San Diego, California 1 or its successor agency in the management of the San Diego Area Wastewater Management District, shall participate in the planning, design and construction of demonstration and permanent facilities to reclaim and reuse water in the San Diego metropolitan service area.

(b) The Federal share of the costs of the facilities authorized by subsection (a) shall not exceed 25 per centum of the total. The Secretary shall not provide funds for the operation or maintenance of the project.

(Pub. L. 102–575, title XVI, §1612, Oct. 30, 1992, 106 Stat. 4667.)

1 So in original. Probably should be followed by a comma.
### §555a. Limitation of franchising authority liability

#### (a) Suits for damages prohibited

In any court proceeding pending on or initiated after October 5, 1992, involving any claim against a franchising authority or other governmental entity, or any official, member, employee, or agent of such authority or entity, arising from the regulation of cable service or from a decision of approval or disapproval with respect to a grant, renewal, transfer, or amendment of a franchise, any relief, to the extent such relief is required by any other provision of Federal, State, or local law, shall be limited to injunctive relief and declaratory relief.

#### (b) Exception for completed cases

The limitation contained in subsection (a) shall not apply to actions that, prior to such violation, have been determined by a final order of a court of binding jurisdiction, no longer subject to appeal, to be in violation of a cable operator's rights.

#### (c) Discrimination claims permitted

Nothing in this section shall be construed as limiting the relief authorized with respect to any claim against a franchising authority or other governmental entity, or any official, member, employee, or agent of such authority or entity, to the extent such claim involves discrimination on the basis of race, color, sex, age, religion, national origin, or handicap.

#### (d) Rule of construction

Nothing in this section shall be construed as creating or authorizing liability of any kind, under any law, for any action or failure to act relating to cable service or the granting of a franchise by any franchising authority or other governmental entity, or any official, member, employee, or agent of such authority or entity.

(June 19, 1934, ch. 652, title VI, §635A, as added Pub. L. 102–385, §24(a), Oct. 5, 1992, 106 Stat. 1500.)

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

#### Effective Date

Section effective 60 days after Oct. 5, 1992, see section 28 of Pub. L. 102–385, set out as an Effective Date of 1992 Amendment note under section 325 of this title.
PHANTOM Flying Flowchart V1.0 (Simplified Version) 

This flowchart is aiming at help you to get familiar with the flying procedures of PHANTOM, please read the 

Manual carefully to get the operation details. Its corresponding Firmware Version is V3.0. 

Switch on the transmitter, and 

then power on the PHANTOM. 

r.c,;-:-,.,;r,:Recordingl LED : Blink is ok. 

IOC Off& 

Warming up is ok. 

Green Quickly 

Record the 

forward 

direction. 

Important: At any moment after power 

on, if the GPS Satellite number is less 

than 6 and last for at least 10s: even 

though you select the GPS A TTl. Mode 

and LED blinks in the GPS A TTl. Mode, 

ihe PHANTOM will work in A TTl. Mode. 

•--F~e~I~IS:e~fe:.__..j LED: Blink Yellow , Quickly 000000000 

Senser Error Too Big 

Compass Error Too Big 

LED:Red+ 

Green+ Yellow 

LED:Red+Yellow •MW+ IWiii!!• 

------~>!If Red LED appears in the last four 

green flashes, the autopilot system 

cannot work. 

LED : Mode +GPS Satellite moved after power on and 

the motors start-up, 

that is normal. 

If it is stationary on the 

ground, please try the IMU 

Basic Calibration. 

Important When you switch to Am. Mode, the 

main controller will disengage enhanced FailSafe 

mode, you can re-gain control of aircraft. 

GPS Satellite;.,,-,-.,-.,--.., 

Number~6 Return to the 

Home Point 000000000 

1 GPS Satellite Number~6, in GPS A TTl. Mode, 

1 Distance bet\Neen the Home Point and 

,_..!.v!.C.P~H~A:::_NTOM>1 Om. 

(Course Lock) ( Home Lock ) 

-~---l 

Second Level 

00HfiHiUDG0 Protection Alert 

&Height Descent 

Power Off !he PHANTOM, and 

then switch off the transmitter 

~ 

Green Part means nonnal procedures: 

means regular situation. 

- - > means selectable or possible situation. 

Pink Text tells the details. 

Red Part means possible abnonnal situation. 

'J 0!!C·'-··· Part is possible in nonnal or abnonnal situation, 

require you to confinn by the Text for details. 

Slue Part is the condition of the nonnal situation. 

Purple Part is the condition of the abnonnaJ situation.