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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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 April 21, 2004 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-41482 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JESUS ENRIQUE NAVARRO-LOPEZ, also known as Valente Lopez-Cortez, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. B-03-CR-519-1

-------------------- Before JOLLY, JONES, and SMITH, Circuit Judges.
PER CURIAM: * Jesus Enrique Navarro-Lopez appeals the sentence imposed following his guilty plea conviction of being found in the United States after deportation/removal in violation of 8 U.S.C. § 1326. Navarro-Lopez contends that the “felony” and “aggravated felony” provisions of 8 U.S.C. § 1326(b)(1) and (2) are unconstitutional. He therefore argues that his conviction must be reduced to one under the lesser included offense found in 8 U.S.C. § 1362(a),No. 03-41482 -2- his judgment must be reformed to reflect a conviction only under that provision, and his sentence must be vacated and the case remanded for resentencing to no more than two years’ imprisonment and one year of supervised release.
In Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998), the Supreme Court held that the enhanced penalties in 8 U.S.C. § 1326(b) are sentencing provisions, not elements of separate offenses. The Court further held that the sentencing provisions do not violate the Due Process Clause. Id. at 239-47. Navarro-Lopez acknowledges that his arguments are foreclosed by Almendarez-Torres , but asserts that the decision has been cast into doubt by Apprendi v. New Jersey , 530 U.S. 466, 490 (2000). He seeks to preserve his arguments for further review. Apprendi did not overrule Almendarez-Torres
. See Apprendi , 530 U.S. at 489-90; United States v. Dabeit , 231 F.3d 979, 984 (5th Cir. 2000). This court must follow Almendarez-Torres “unless and until the Supreme Court itself determines to overrule it.” Dabeit , 231 F.3d at 984 (internal quotation marks and citation omitted). The judgment of the district court is
AFFIRMED. The Government has moved for a summary affirmance in lieu of filing an appellee’s brief. In its motion, the Government asks that an appellee’s brief not be required. The motion is GRANTED.
AFFIRMED; MOTION GRANTED.
### §387. Station for semi-arid or dry-land regions; establishment

The Secretary of Agriculture is authorized and directed to cause such shade, ornamental, fruit, and shelter-belt trees, shrubs, vines, and vegetables as are adapted to the conditions and needs of the semi-arid or dry-land regions of the United States, to be propagated at an experiment station of the Department of Agriculture to be established at or near Cheyenne, Wyoming, and seedlings and cuttings and seeds of such trees, shrubs, vines, and vegetables to be distributed free of charge under such regulations as he may prescribe for experimental and demonstration purposes within the semi-arid or dry-land regions of the United States.

(Mar. 19, 1928, ch. 228, §1, 45 Stat. 323.)

#### **Executive Documents**

#### Transfer of Functions

All functions of all officers, agencies and employees of the Department of Agriculture were transferred, with certain exceptions, to the Secretary of Agriculture by 1953 Reorg. Plan No. 2, §1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section 2201 of this title.
### §298. Omitted

#### **Editorial Notes**

#### Codification

Section, acts Mar. 17, 1894, Art. III, 28 Stat. 1211; Apr. 28, 1904, ch. 1762, §1, 33 Stat. 478, provided for the Bertillon system of identification at the various ports of entry, to prevent unlawful entry of Chinese into the United States. It is obsolete in view of the repeal of sections 262 to 297 of this title by act Dec. 17, 1943, ch. 344, §1, 57 Stat. 600. For some years prior to such act, no moneys had been appropriated to prevent unlawful entry of Chinese, referred to in this section.
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED FEBRUARY 21, 2014

NO. 03-13-00222-CR

Remberto Santos-Hernandez, Appellant

v.

The State of Texas, Appellee

APPEAL FROM THE 390TH DISTRICT COURT OF TRAVIS COUNTY

BEFORE CHIEF JUSTICE JONES, JUSTICES PEMBERTON AND FIELD

MODIFIED AND, AS MODIFIED, AFFIRMED --

OPINION BY CHIEF JUSTICE JONES

This is an appeal from the judgment of conviction entered by the trial court on 

February 28, 2013. Having reviewed the record and the parties’ arguments, the Court holds that 

there was no error in the court’s judgment requiring reversal. However, there was error in the 

judgment that requires correction. Therefore, the Court modifies the trial court’s judgment to 

correctly spell appellant’s name as “Remberto Santos-Hernandez,” to reflect that the “Date 

Judgment Entered” was February 28, 2013, and to reflect that the age of the victim at the time of 

the offense was 40 years. The judgment, as modified, is affirmed. Because appellant is indigent 

and unable to pay costs, no adjudication of costs is made.
#### KING, Appellant, v. SUN PRINTING & PUBLISHING CO., Respondent.

(Supreme Court, Appellate Division, First Department.

October 16, 1903.)

Action by Moses King against the Sun Printing & Publishing Company.

No opinion. Motion granted.
### §611. "Basic agricultural commodity" defined; exclusion of commodities

As used in this chapter, the term "basic agricultural commodity" means wheat, rye, flax, barley, cotton, field corn, grain sorghums, hogs, cattle, rice, potatoes, tobacco, sugar beets and sugarcane, peanuts, and milk and its products, and any regional or market classification, type, or grade thereof; but the Secretary of Agriculture shall exclude from the operation of the provisions of this chapter, during any period, any such commodity or classification, type, or grade thereof if he finds, upon investigation at any time and after due notice and opportunity for hearing to interested parties, that the conditions of production, marketing, and consumption are such that during such period this chapter can not be effectively administered to the end of effectuating the declared policy with respect to such commodity or classification, type, or grade thereof. As used in this chapter, the term "potatoes" means all varieties of potatoes included in the species Solanum tuberosum.

(May 12, 1933, ch. 25, title I, §11, 48 Stat. 38; Apr. 7, 1934, ch. 103, §§1, 3(b), 4, 5, 48 Stat. 528; May 9, 1934, ch. 263, §1, 48 Stat. 670; Aug. 24, 1935, ch. 641, §61, 49 Stat. 782.)

#### **Editorial Notes**

#### Amendments

1935—Act Aug. 24, 1935, inserted ", potatoes" after "rice" and last sentence defining potatoes.

1934—Act May 9, 1934, inserted ", sugar beets and sugarcane" after "tobacco".

Act Apr. 7, 1934, inserted ", cattle" after "hogs", ", peanuts" after "tobacco", ", rye, flax, barley" after "wheat", and ", grain sorghums" after "field corn".
## In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth

No. 02

- 19

- 00192

- CV

I N THE M ATTER OF H.A. §

§

§

§ O n Appeal from the 323rd District Court

of Tarrant County (323

- 109828

- 19)

December 19, 2019

Opinion by Justice Womack

JUDGMENT

This co ur t has considered the record on appeal in this case and holds that there

was no error in the trial court’s judgment. It is ordered that the judgment of the trial

court is affirmed.

SECOND DISTRICT COURT OF APPEALS

By /s/ Dana Womack

Justice Dana Womack
Kearney & Company, P.C.’s 

Independent Evaluation of the 

Federal Housing Finance Agency

Office of Inspector General’s 

Information Security Program –

2015

Audit Report  AUD-2015-003  September 9, 2015

Federal Housing Finance Agency 

Office of Inspector General
The Federal Housing Finance Agency (FHFA) Office of Inspector General (OIG) issued 

the subject report on September 9, 2015. In accordance with the provisions of the Federal 

Information Security Management Act of 2002 (FISMA), FHFA and OIG are subject to annual 

independent evaluations of their respective information security programs. OIG contracted with 

an independent public accounting firm, Kearney & Company, P.C., to perform separate FISMA 

evaluations of FHFA’s and OIG’s information security programs, because FHFA and OIG 

maintain separate information technology infrastructures. This audit focused on the OIG 

program. 

AUDIT OBJECTIVE: The objective of this audit was to evaluate OIG’s information security 

program and practices, including compliance with FISMA and related information security 

policies, procedures, standards, and guidelines. 

Because information in this report could be abused to circumvent OIG’s internal controls, it has 

not been released publicly.
### §1374. Information regarding female genital mutilation

#### (a) Provision of information regarding female genital mutilation

The Immigration and Naturalization Service (in cooperation with the Department of State) shall make available for all aliens who are issued immigrant or nonimmigrant visas, prior to or at the time of entry into the United States, the following information:

(1) Information on the severe harm to physical and psychological health caused by female genital mutilation which is compiled and presented in a manner which is limited to the practice itself and respectful to the cultural values of the societies in which such practice takes place.

(2) Information concerning potential legal consequences in the United States for (A) performing female genital mutilation, or (B) allowing a child under his or her care to be subjected to female genital mutilation, under criminal or child protection statutes or as a form of child abuse.

#### (b) Limitation

In consultation with the Secretary of State, the Commissioner of Immigration and Naturalization shall identify those countries in which female genital mutilation is commonly practiced and, to the extent practicable, limit the provision of information under subsection (a) to aliens from such countries.

#### (c) "Female genital mutilation" defined

For purposes of this section, the term "female genital mutilation" means the removal or infibulation (or both) of the whole or part of the clitoris, the labia minora, or labia majora.

(Pub. L. 104–208, div. C, title VI, §644, Sept. 30, 1996, 110 Stat. 3009–708.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and also as part of the Omnibus Consolidated Appropriations Act, 1997, and not as part of the Immigration and Nationality Act which comprises this chapter.

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

#### Abolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
UNITED STATES DEPARTMENT OF EDUCATION

OFFICE OF INSPECTOR GENERAL

THE INSPECTOR GENERAL

MEMORANDUM

TO: Special Agent in Charge/Investigation, Boston/New York OIG Region

Special Agent in Charge/Investigation, Washington/Philadelphia OIG Region 

Special Agent in Charge/Investigation, Atlanta OIG Region 

Special Agent in Charge/Investigation, Chicago OIG Region ◄▬▬

Special Agent in Charge/Investigation, Long Beach OIG Office

FROM: Assistant Inspector General for Investigation 

SUBJECT: Redelegation of Authority to Sign and Issue Inspector General's Subpoenas

I. DELEGATION

Under the authority vested in me by a delegation from the Inspector General, 

Delegation Control Number EF/EFI/148, certified July 23, 2004, I hereby delegate to 

you and to anyone serving for you in an acting capacity, the authority under Section 6 

(a) (4) of the Inspector General Act of 1978, as amended, to issue Inspector General's 

subpoenas in furtherance of the duties and functions of the Office of Inspector General.

Unless otherwise noted in future delegations of authority, amendments to the 

authorities delegated herein are included within the scope of this delegation.

II. RESERVATIONS

None.

III. REDELEGATION

This authority may not be redelegated.
Page 2 - Redelegation of Authority to Sign and Issue IG's Administrative Subpoenas 

IV. CERTIFICATION AND EFFECTIVE DATE

This delegation is effective upon certification by the Department's Delegation Control 

Officer and supersedes all previous delegations of this authority. I hereby ratify actions 

within the scope of this delegation taken by the addressees prior to certification of this 

delegation.

 ____________/s/__________

 William D. Hamel

OGC Clearance and Date: /s/ David Berthiaume, 12/22/08

Certified Date: 12/31/2008

Departmental Delegations Control Officer: /s/ Naty G. Beetle

Control Number: EFI/EFD5I/180
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
applicable SEC Form and is qualified in its entirety by reference to such
financial statements.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                          14,832
<SECURITIES>                                         0
<RECEIVABLES>                                    5,146
<ALLOWANCES>                                         0
<INVENTORY>                                      2,053
<CURRENT-ASSETS>                                23,096
<PP&E>                                          17,224
<DEPRECIATION>                                   9,940
<TOTAL-ASSETS>                                  32,573
<CURRENT-LIABILITIES>                            5,941
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         7,181
<OTHER-SE>                                      18,939
<TOTAL-LIABILITY-AND-EQUITY>                    32,573
<SALES>                                         29,826
<TOTAL-REVENUES>                                29,826
<CGS>                                           13,943
<TOTAL-COSTS>                                   13,943
<OTHER-EXPENSES>                                 8,507
<LOSS-PROVISION>                                   100
<INTEREST-EXPENSE>                               (295)
<INCOME-PRETAX>                                  7,571
<INCOME-TAX>                                     2,632
<INCOME-CONTINUING>                              4,939
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     4,939
<EPS-PRIMARY>                                     0.81<F1>
<EPS-DILUTED>                                     0.80<F1>
<FN>
<F1>Shares and earnings per share for the 1997 periods (prior year) have been
adjusted in the financial statements to reflect a two-for-one stock split
effected in the form of a dividend which was effective as of September 22,
1997.
</FN>
        

</TABLE>
### §§451 to 460. Repealed. June 27, 1952, ch. 477, title IV, §403(a)(39), 66 Stat. 280, eff. Dec. 24, 1952

Section 451, act June 28, 1940, ch. 439, title III, §30, 54 Stat. 673, required an alien seeking entry into United States to be registered and fingerprinted before the issuance to him of a visa. See sections 1201(b) and 1301 of this title.

Section 452, act June 28, 1940, ch. 439, title III, §31, 54 Stat. 673, related to registration of aliens in United States. See section 1302 of this title.

Section 453, act June 28, 1940, ch. 439, title III, §32, 54 Stat. 674, related to special provisions governing registration. See section 1303 of this title.

Section 454, act June 28, 1940, ch. 439, title III, §33, 54 Stat. 674, related to places of registration and duties of postmasters.

Section 455, act June 28, 1940, ch. 439, title III, §34, 54 Stat. 674, related to forms and procedure, confidential status of records and oaths in connection with the registration and fingerprinting of aliens. See section 1304 of this title.

Section 456, acts June 28, 1940, ch. 439, title III, §35, 54 Stat. 675; Sept. 23, 1950, ch. 1024, title I, §24(a), 64 Stat. 1012, related to notice of change of address. See section 1305 of this title.

Section 457, acts June 28, 1940, ch. 439, title III, §36, 54 Stat. 675; Oct. 13, 1941, ch. 432, 55 Stat. 736; Sept. 23, 1950, ch. 1024, title I, §24(b), 64 Stat. 1013, related to penalties. See section 1306 of this title.

Section 458, act June 28, 1940, ch. 439, title III, §37, 54 Stat. 675, related to administration and enforcement of registration law. See section 1306 of this title.

Section 459, act June 28, 1940, ch. 439, title III, §38, 54 Stat. 675, related to definitions and effective date. See section 1101(a)(8), (38) of this title.

Section 460, act June 28, 1940, ch. 439, title III, §39, 54 Stat. 676, related to registration of aliens in Canal Zone.

#### Nationality Act of 1940

On October 14, 1940, and subsequent to the enactment of former section 451 et seq. of this title, Congress passed the Nationality Act of 1940 [former section 501 et seq. of this title] for the purpose of consolidating and restating the laws of the United States upon citizenship, naturalization and expatriation. Said act contained further provisions relating to registry of aliens [former sections 728 and 746(l) of this title], and former section 504 thereof, in addition to certain specific repeals, provided that all acts or parts of acts in conflict therewith were thereby repealed.
#### In the Matter of Southside Hospital against Thomas Thacher, as Superintendent of Insurance of the State of New York.

Motion for leave to reargue denied, with $10 costs. Concur — Botein, P. J., Valente, Stevens and Bergan, JJ.
#### 1232.7000 Scope of subpart.

This subpart prescribes policy and procedures for submitting and processing payment requests in electronic form.
**EXHIBIT 23**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We have issued our report dated August 30, 2005, accompanying the financial statements included in the Annual Report of Venture Catalyst Incorporated onForm 10-KSB for the year ended June 30, 2005. We hereby consent to the incorporation by reference of said report of Venture Catalyst Incorporated in the Registration Statements on Form S-8 (File Nos. 333-19743, effective January 14,1997, 333-19745, effective January 14, 1997, 333-19747, effective January 14, 1997, 333-44179, effective January 13, 1998, 333-82169, effective July 2, 1999, 333-47152, effective October 2, 2000 and 333-55434, effectiveFebruary 12, 2001). 

 

/s/    GRANT THORNTON LLP 

 

Irvine, California 

August 30, 2005
<TABLE> <S> <C>


<ARTICLE>                                           UT
<LEGEND>
All amounts in thousands of dollars.
</LEGEND>
<CIK>                         0000032379
<NAME>                        Elizabethtown Water Company & Subsidiary

<S>                             <C>
<PERIOD-TYPE>                   3-Mos
<FISCAL-YEAR-END>                              DEC-31-2000
<PERIOD-END>                                   SEP-30-2000
<BOOK-VALUE>                                   PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                      664,823
<OTHER-PROPERTY-AND-INVEST>                      2,815
<TOTAL-CURRENT-ASSETS>                          43,277
<TOTAL-DEFERRED-CHARGES>                        35,837
<OTHER-ASSETS>                                       0
<TOTAL-ASSETS>                                 746,752
<COMMON>                                        15,741
<CAPITAL-SURPLUS-PAID-IN>                      148,389
<RETAINED-EARNINGS>                             64,859
<TOTAL-COMMON-STOCKHOLDERS-EQ>                 228,989
<PREFERRED-MANDATORY>                           12,000
<PREFERRED>                                          0
<LONG-TERM-DEBT-NET>                           231,999
<SHORT-TERM-NOTES>                              53,000
<LONG-TERM-NOTES-PAYABLE>                       12,403
<COMMERCIAL-PAPER-OBLIGATIONS>                       0
<LONG-TERM-DEBT-CURRENT-PORT>                      575
<PREFERRED-STOCK-CURRENT>                            0
<CAPITAL-LEASE-OBLIGATIONS>                          0
<LEASES-CURRENT>                                     0
<OTHER-ITEMS-CAPITAL-AND-LIAB>                 207,786
<TOT-CAPITALIZATION-AND-LIAB>                  746,752
<GROSS-OPERATING-REVENUE>                       35,929
<INCOME-TAX-EXPENSE>                             3,230
<OTHER-OPERATING-EXPENSES>                      22,097
<TOTAL-OPERATING-EXPENSES>                      25,327
<OPERATING-INCOME-LOSS>                         10,602
<OTHER-INCOME-NET>                                 199
<INCOME-BEFORE-INTEREST-EXPEN>                  10,801
<TOTAL-INTEREST-EXPENSE>                         4,512
<NET-INCOME>                                     6,289
<PREFERRED-STOCK-DIVIDENDS>                        203
<EARNINGS-AVAILABLE-FOR-COMM>                    6,086
<COMMON-STOCK-DIVIDENDS>                        13,499
<TOTAL-INTEREST-ON-BONDS>                        3,819
<CASH-FLOW-OPERATIONS>                          22,027
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0



</TABLE>
### §6h. False self-representation as registered entity member prohibited

It shall be unlawful for any person falsely to represent such person to be a member of a registered entity or the representative or agent of such member, or to be a registrant under this chapter or the representative or agent of any registrant, in soliciting or handling any order or contract for the purchase or sale of any commodity in interstate commerce or for future delivery, or falsely to represent in connection with the handling of any such order or contract that the same is to be or has been executed on, or by or through a member of, any registered entity.

(Sept. 21, 1922, ch. 369, §4h, as added June 15, 1936, ch. 545, §5, 49 Stat. 1496; amended Pub. L. 97–444, title II, §210, Jan. 11, 1983, 96 Stat. 2302; Pub. L. 106–554, §1(a)(5) [title I, §123(a)(8)], Dec. 21, 2000, 114 Stat. 2763, 2763A–407.)

#### **Editorial Notes**

#### Amendments

2000—Pub. L. 106–554 substituted "registered entity" for "contract market" in two places.

1983—Pub. L. 97–444 struck out provisions formerly designated as par. (1) relating to conduct of offices or places of business anywhere in the United States or its territories that were used for dealing in commodities for future delivery unless such dealings were executed or consummated by or through a member of a contract market, which provisions were transferred to section 6(a) of this title, and broadened remaining provisions, formerly designated as par. (2), to prohibit false representations that a person is registered with the Commission in any capacity, and not only as a futures commission merchant, as previously provided.

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

#### Effective Date of 1983 Amendment

Amendment by Pub. L. 97–444 effective Jan. 11, 1983, see section 239 of Pub. L. 97–444, set out as a note under section 2 of this title.

#### Effective Date

For effective date of section, see section 13 of act June 15, 1936, set out as an Effective Date of 1936 Amendment note under section 1 of this title.