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this opinion should not be published and is not precedent except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

United States Court of Appeals

Fifth Circuit

FILED

April 11, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-50959

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOSE HUMBERTO RAMIREZ-ROSAS, also known as Jose Humberto,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. 1:05-CR-37-ALL

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

Before JONES, Chief Judge, and JOLLY and DAVIS, Circuit Judges.

PER CURIAM:*

Jose Humberto Ramirez-Rosas pleaded guilty to illegal

reentry after deportation and was sentenced to 70 months of

imprisonment, three years of supervised release, and a $100

special assessment. Ramirez-Rosas argues on appeal that his

sentence was unreasonable because his sentence was greater than

necessary to meet the sentencing goals under 18 U.S.C. § 3553(a). 

He does not challenge the district court’s calculation of his

guidelines sentencing range. 
No. 05-50959

-2-

Because Ramirez-Rosas’s sentence was within a properly

calculated guidelines range of 70 to 87 months, we infer that the

district court considered all the factors for a fair sentence set

forth in the Guidelines. See United States v. Mares, 402 F.3d

511, 519 (5th Cir.), cert. denied, 126 S. Ct. 43 (2005). 

“[A] sentence within a properly calculated Guideline range is

presumptively reasonable.” United States v. Alonzo, 435 F.3d

551, 554 (5th Cir. 2006). Ramirez-Rosas has failed to

demonstrate that his properly calculated guidelines sentence was

unreasonable. See id.; Mares, 402 F.3d at 519.

Ramirez-Rosas also argues that the “felony” and “aggravated

felony” provisions of 8 U.S.C. § 1326(b)(1) and (b)(2) are

unconstitutional in light of Apprendi v. New Jersey, 530 U.S. 466

(2000). His constitutional challenge is foreclosed by

Almendarez-Torres v. United States, 523 U.S. 224, 235 (1998). 

Although Ramirez-Rosas 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 AlmendarezTorres remains binding. See United States v. Garza-Lopez, 410

F.3d 268, 276 (5th Cir.), cert. denied, 126 S. Ct. 298 (2005). 

Ramirez-Rosas 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.

AFFIRMED.
#### 204.7203 Contract clause.

Include the clause at 252.204-7004, DoD Antiterrorism Awareness Training for Contractors, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products and commercial services, when contractor personnel require routine physical access to a Federally-controlled facility or military installation.

[84 FR 4363, Feb. 15, 2019, as amended at 88 FR 6580, Jan. 31, 2023]
#### In the Matter of Max M. Drolle, Jr., Petitioner, v. William S. Hults, as Commissioner of Motor Vehicles, Respondent.

Determination confirmed and the petition dismissed, with $20 costs and disbursements to the respondent. Concur — McNally, Eager and Steuer, JJ.; Rabin, J. P., and Stevens, J., dissent and vote to annul on the ground that there was no substantial evidence to show a reckless disregard for the life and property of others.
# July 2023 FOIA Log
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     
                              PUBLIC STORAGE, INC.
                      EXHIBIT 27 - FINANCIAL DATA SCHEDULE
                           ARTICLE 5 OF REGULATION S-X

</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                              Dec-31-1995
<PERIOD-START>                                 Jan-01-1995
<PERIOD-END>                                   Dec-31-1995
<CASH>                                         80,436,000
<SECURITIES>                                   0
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               0
<PP&E>                                         1,413,134,000
<DEPRECIATION>                                 241,966,000
<TOTAL-ASSETS>                                 1,937,461,000
<CURRENT-LIABILITIES>                          0
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    536,120,000
<COMMON>                                       7,852,000
<OTHER-SE>                                     1,090,531,000
<TOTAL-LIABILITY-AND-EQUITY>                   1,937,461,000
<SALES>                                        202,134,000
<TOTAL-REVENUES>                               212,650,000
<CGS>                                          72,247,000
<TOTAL-COSTS>                                  41,212,000
<OTHER-EXPENSES>                               13,160,000
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             8,508,000
<INCOME-PRETAX>                                70,386,000
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            70,386,000
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   70,386,000
<EPS-PRIMARY>                                  0.95
<EPS-DILUTED>                                  0.95
        


</TABLE>
Consent
of Independent Registered Public Accounting Firm








We have
issued our report dated March 31, 2008, accompanying the consolidated financial
statements included in the Annual Report of Access Pharmaceuticals, Inc. on Form
10-K for the year ended December 31, 2007. We hereby consent to the
incorporation by reference of said report in the Registration Statements of
Access Pharmaceuticals, Inc. on Form S-1 (File Nos. 333-149633, 333-125349 and
333-135734), Form S-3 (File Nos. 333-92210, 333-39330, 333-37786, 333-52030,
333-95413, 333-64904 and 333-113909), Form S-4 (File No. 333-143587) and Form
S-8 (File Nos. 333-45646 333-75136, 333-125796 and 333-114269).














/s/
Whitley Penn LLP





Dallas,
Texas


March 31,
2008
Prepared by MERRILL CORPORATION www.edgaradvantage.com




CONSENT OF INDEPENDENT ACCOUNTANTS




We hereby consent to the use, in this Registration Statement on Form N-4 (File No. 333-60149) of our report dated February 23, 2000, relating to the consolidated financial statements and financial
statement schedules of Protective Life Insurance Company and Subsidiaries, which appear in such Registration Statement. We also consent to the use in this registration statement of our report dated
March 20, 2000 on our audits of the financial statements of the Protective Variable Annuity Separate Account, which appear in such Registration Statement. We also consent to the reference to our Firm
under the heading "Experts."






/s/ PricewaterhouseCoopers LLP






Birmingham, Alabama

April 27, 2000
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JAN-01-2000
<PERIOD-START>                             JAN-03-1999
<PERIOD-END>                               JAN-01-2000
<CASH>                                         550,000
<SECURITIES>                                         0
<RECEIVABLES>                                1,651,000
<ALLOWANCES>                                   143,000
<INVENTORY>                                  2,389,000
<CURRENT-ASSETS>                             5,074,000
<PP&E>                                       8,372,000
<DEPRECIATION>                               6,057,000
<TOTAL-ASSETS>                              10,428,000
<CURRENT-LIABILITIES>                        2,501,000
<BONDS>                                        900,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        53,000
<OTHER-SE>                                   5,219,000
<TOTAL-LIABILITY-AND-EQUITY>                10,428,000
<SALES>                                     13,083,000
<TOTAL-REVENUES>                            13,083,000
<CGS>                                        6,381,000
<TOTAL-COSTS>                                6,381,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                15,000
<INTEREST-EXPENSE>                             228,000
<INCOME-PRETAX>                              1,013,000
<INCOME-TAX>                                 (235,000)
<INCOME-CONTINUING>                          1,248,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,248,000
<EPS-BASIC>                                        .23
<EPS-DILUTED>                                      .23


</TABLE>
<PAGE>

                                 EXHIBIT (10)(b)


                         OPINION AND CONSENT OF ACTUARY
<PAGE>

                    [PFL Life Insurance Company Letterhead]

April 10, 2000


PFL Life Insurance Company
4333 Edgewood Road NE
Cedar Rapids, Iowa  52499-0001

Re:      PFL Endeavor Variable Annuity Account
         Registration on Form N-4   SEC File No. 33-33085

Dear Sir/Madam:

With regard to the above registration statement, I have examined such documents
and made such inquiries as I have deemed necessary and appropriate, and on the
basis of such examination, have the following opinions:

Fees and charges deducted under the PFL Endeavor Variable Annuity policies are
those deemed necessary to appropriately reflect:

(1)  the expenses incurred in the acquisition and distribution of the Policies,

(2)  the expenses associated with the development and servicing of the policies,

(3)  the assumption of certain risks arising from the operation and management
     of the Policies and/or riders to the Policy and that provides for a
     reasonable margin of profit.

Fees and charges assessed against the policy values in the Variable Account
include:

(i)  Service Charge and Administrative Charge

(ii) Contingent Deferred Sales Charge (Surrender Charge)

(iii) Mortality and Expense Risk Fee (M&E)

(iv) Taxes (including Premium and other Taxes if applicable)

The magnitude of each of the individual charges listed above in (i) through (iv)
is established in the pricing of the PFL Endeavor Variable Annuity, to achieve a
reasonable Return on Investment (ROI), which is within the range of industry
practice with respect to comparable variable annuity products.
<PAGE>

PFL Life Insurance Company
April 10, 2000
Page 2

Except by coincidence, it is not expected that actual charges assessed in a
given year would exactly offset actual expenses incurred. Acquisition expenses
(as well as major product and/or systems development expenses) are incurred "up
front" and recovered, with a reasonable profit margin, through future years'
charges. In addition, the company cannot increase certain charges under the
Policies in the pricing process.

Therefore, in my opinion, the fees and charges deducted under the Policies, in
the aggregate, are reasonable in relation to the services rendered, the expenses
expected to be incurred, and the risks assumed by the company.

I hereby consent to the use of this opinion, which is included as an Exhibit to
the Registration Statement.



/s/ Calvin R. Birkey
---------------------------------
Calvin R. Birkey, FSA, MAAA
Managing Actuary
PFL Life Insurance Company
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                         115,335
<INT-BEARING-DEPOSITS>                           1,464
<FED-FUNDS-SOLD>                                83,104
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                    246,335
<INVESTMENTS-CARRYING>                         333,471
<INVESTMENTS-MARKET>                           330,802
<LOANS>                                      1,463,330
<ALLOWANCE>                                     18,311
<TOTAL-ASSETS>                               2,336,609
<DEPOSITS>                                   1,996,419
<SHORT-TERM>                                    73,393
<LIABILITIES-OTHER>                             21,945
<LONG-TERM>                                     12,242
<COMMON>                                        40,676
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                     191,934
<TOTAL-LIABILITIES-AND-EQUITY>               2,336,609
<INTEREST-LOAN>                                 33,422
<INTEREST-INVEST>                                9,135
<INTEREST-OTHER>                                   931
<INTEREST-TOTAL>                                43,488
<INTEREST-DEPOSIT>                              17,072
<INTEREST-EXPENSE>                                 888
<INTEREST-INCOME-NET>                           25,528
<LOAN-LOSSES>                                    1,070
<SECURITIES-GAINS>                                  93
<EXPENSE-OTHER>                                 18,021
<INCOME-PRETAX>                                 11,640
<INCOME-PRE-EXTRAORDINARY>                      11,640
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     7,655
<EPS-PRIMARY>                                     0.38
<EPS-DILUTED>                                     0.38
<YIELD-ACTUAL>                                    8.32
<LOANS-NON>                                     10,184
<LOANS-PAST>                                     4,478
<LOANS-TROUBLED>                                    81
<LOANS-PROBLEM>                                 23,118
<ALLOWANCE-OPEN>                                17,936
<CHARGE-OFFS>                                    1,185
<RECOVERIES>                                       490
<ALLOWANCE-CLOSE>                               18,311
<ALLOWANCE-DOMESTIC>                            18,311
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
**HOUSING UNDERGOING RENOVATION OR REBUILDING –**  **HOUSING OFFICIAL CONTACT INFORMATION**

1. Housing Official Name 2. Housing Official Title 3. Military Installation or Indian Lands Housing Area 4. Housing Official Email Address 5. Housing Official Phone Number 6. Housing Official Phone Number This is an optional table that may be submitted by applicant LEAs where housing on a military installation or on Indian lands is temporarily unavailable for occupancy because it is undergoing renovation o r rebuilding. The Impact Aid Program uses this information to determine whether some number of children who do not reside in these units may be categorized as though they reside on a military installation or Indian lands in calculating payments for this a pplication. The effect of categorizing these students in this way will be to increase the LEA’s maximum basic support payment. Due to a change in the Impact Aid statute, Tables 9 & 11 have been removed from the application and replaced by a single form for FY 2015 and subsequent applications. If you are providing information for more than one military installation, provide a separate form for each. To upload the form, you will see an application form labeled “Housing Undergoing Renovation or Rebuilding” where you will upload the document “**HOUSING UNDERGOING RENOVATION OR REBUILDING**  **– HOUSING OFFICIAL CONTACT INFORMATION”**  for your housing official(s). You will find this form on the right hand side of the screen, under the application instructi ons. To be considered under this provision, you must complete this form and upload it on this table.
<TABLE> <S> <C>

<ARTICLE>5
<MULTIPLIER>               1,000
       
<S>                            <C>
<PERIOD-TYPE>                  12-MOS
<FISCAL-YEAR-END>              Nov-30-1997
<PERIOD-START>                 Dec-01-1996
<PERIOD-END>                   Nov-30-1997
<CASH>                                  15
<SECURITIES>                             0
<RECEIVABLES>                         1676
<ALLOWANCES>                             0                            
<INVENTORY>                           2499
<CURRENT-ASSETS>                      4339
<PP&E>                                1093
<DEPRECIATION>                         526
<TOTAL-ASSETS>                        5033
<CURRENT-LIABILITIES>                 2348
<BONDS>                                  0
<COMMON>                               131
<PREFERRED-MANDATORY>                    0
<PREFERRED>                              0
<OTHER-SE>                             2554
<TOTAL-LIABILITY-AND-EQUITY>           5033
<SALES>                               17016
<TOTAL-REVENUES>                      17050
<CGS>                                 11732
<TOTAL-COSTS>                         16290
<OTHER-EXPENSES>                          0
<LOSS-PROVISION>                          0
<INTEREST-EXPENSE>                      155
<INCOME-PRETAX>                         605
<INCOME-TAX>                            187
<INCOME-CONTINUING>                       0                   
<DISCONTINUED>                            0
<EXTRAORDINARY>                           0
<CHANGES>                                 0
<NET-INCOME>                            418
<EPS-PRIMARY>                           .04
<EPS-DILUTED>                           .04
        


</TABLE>
2045.371 Property accountability procedures. ( a ) The threshold for detailed reporting of capitalized equipment by contractors is $50,000.
( b ) The contractor shall send a copy of each Financial Status Report (NRCAR 2052.211-72, and 2052.211-72 Alternate 1), that references the acquisition of, or change in status of, contractor-held property purchased with government funds valued at the time of purchase at $50,000 or more to the Chief, Property and Acquisition Oversight Branch, Division of Contracts and Property Management.
No. 47,036

#### Frederick L. Forrester, Jr., a Minor by Marjorie Forrester, His Mother and Next Friend, *Appellant,*v. State Farm Mutual Automobile Insurance Co., *Appellee.*

(518 P. 2d 548)

Opinion allowing motion for rehearing and modifying decision filed January 26, 1974.

*Evart Mills,*of Mills and Mills, of McPherson, argued the cause and was on the brief for the appellant.

*Raymond L. Dahlberg,*of Turner, Chartered, of Great Bend, argued the cause, and *Lee Turner,*of Turner, Chartered, of Great Bend, was with him on the brief for the appellee.

The opinion of the court was delivered by

Kaul, J.:

The appellant (plaintiff) has filed a motion for rehearing directed at our ruling disallowing interest appearing in the last paragraph of our opinion in the above entitled case *(Forrester v. State Farm Mutual Automobile Ins. Co.,*213 Kan. 442, 516 P. 2d 173 [decided December 8, 1973]). Appellee has not responded to appellant’s motion.

After consideration, we find the motion should be allowed. Therefore, the paragraph of our opinion referred to is deleted. In its stead we hold that judgment should be entered for appellant in the amount of $10,000.00 with interest thereon at the rate of six percent per annum from November 21, 1971, until judgment is entered. Thereafter, the judgment will bear interest at the legal rate of eight percent per annum.

In all other respects we adhere to our original opinion.
<PAGE>   1
                                                                   EXHIBIT 10.13



A.       Executive Officers party to Severance Agreement (Form A)

         Gary Peterson


B.       Executive Officers party to Severance Agreement (Form B)

         Jeffrey Rutherford
         Harold Mulet
         Eugene O'Donnell
         Mark Race


C.       Executive Officers party to Severance Agreement (Form C)

         Edward Cornell
         Robert Islinger
         Ross Pollock
204.7501 Policy. ( a ) The contracting officer shall include in the solicitation the required CMMC level, if provided by the requiring activity. Contracting officers shall not award a contract, task order, or delivery order to an offeror that does not have a current (*i.e.,* not more than 3 years old) CMMC certificate at the level required by the solicitation.
( b ) Contractors are required to achieve, at time of award, a CMMC certificate at the level specified in the solicitation. Contractors are required to maintain a current (*i.e.,* not more than 3 years old) CMMC certificate at the specified level, if required by the statement of work or requirement document, throughout the life of the contract, task order, or delivery order. Contracting officers shall not exercise an option period or extend the period of performance on a contract, task order, or delivery order, unless the contract has a current (*i.e.,* not more than 3 years old) CMMC certificate at the level required by the contract, task order, or delivery order.
( c ) The CMMC Assessments shall not duplicate efforts from any other comparable DoD assessment, except for rare circumstances when a re-assessment may be necessary such as, but not limited to when there are indications of issues with cybersecurity and/or compliance with CMMC requirements.
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 84 Enrolled Bill (ENR)]

        S.84

                     One Hundred Fifteenth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
          the third day of January, two thousand and seventeen

                                 An Act

 
   To provide for an exception to a limitation against appointment of 
persons as Secretary of Defense within seven years of relief from active 
       duty as a regular commissioned officer of the Armed Forces.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. EXCEPTION TO LIMITATION AGAINST APPOINTMENT OF PERSONS AS 
SECRETARY OF DEFENSE WITHIN SEVEN YEARS OF RELIEF FROM ACTIVE DUTY AS 
REGULAR COMMISSIONED OFFICERS OF THE ARMED FORCES.
    (a) In General.--Notwithstanding the second sentence of section 
113(a) of title 10, United States Code, the first person appointed, by 
and with the advice and consent of the Senate, as Secretary of Defense 
after the date of the enactment of this Act may be a person who is, on 
the date of appointment, within seven years after relief, but not 
within three years after relief, from active duty as a commissioned 
officer of a regular component of the Armed Forces.
    (b) Limited Exception.--This section applies only to the first 
person appointed as Secretary of Defense as described in subsection (a) 
after the date of the enactment of this Act, and to no other person.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```