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this opinion should not be published and is not precedent except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

February 22, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 04-41374

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

NICOLAS NUNEZ-MUNOZ,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 5:04-CR-547-ALL

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

Before BARKSDALE, STEWART, and CLEMENT, Circuit Judges.

PER CURIAM:*

Nicolas Nunez-Munoz (Nunez) appeals his conviction and

sentence for illegal reentry after a previous deportation. Nunez

argues that the district reversibly erred under United States v.

Booker, 125 S. Ct. 738 (2005), by sentencing him pursuant to a

mandatory application of the Sentencing Guidelines. 

There was no “Booker” error or Sixth Amendment violation

because the only enhancement to Nunez’s sentence was for his

prior conviction. See Booker, 125 S. Ct. at 756, 769. 
No. 04-41374

-2-

Nevertheless, the district court committed “Fanfan” error by

sentencing Nunez pursuant to a mandatory guidelines scheme. See

United States v. Walters, 418 F.3d 461, 463-64 (5th Cir. 2005). 

We have previously rejected Nunez’s claim that such error is

“‘structural’ in nature.” See id. at 463.

The Government concedes that Nunez preserved his Fanfan

argument. As such, this court reviews the claim for harmless

error. See id. at 464. There is no indication in the record

that the district court would have imposed the same sentence had

the guidelines been advisory rather than mandatory. Accordingly,

we vacate the sentence and remand for resentencing in accordance

with Booker. 

Nunez next argues that the “felony” and “aggravated felony”

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

unconstitutional on their face and as applied in his case in

light of Apprendi v. New Jersey, 530 U.S. 466 (2000). Nunez’s

constitutional challenge is foreclosed by Almendarez-Torres v.

United States, 523 U.S. 224, 235 (1998). Although Nunez contends

that Almendarez-Torres was incorrectly decided and that a

majority of the Supreme Court would overrule Almendarez-Torres in

light of Apprendi, we have repeatedly rejected such arguments on

the basis that Almendarez-Torres remains binding. See United

States v. Garza-Lopez, 410 F.3d 268, 276 (5th Cir.), cert.

denied, 126 S. Ct. 298 (2005). Nunez properly concedes that his

argument is foreclosed in light of Almendarez-Torres and circuit
No. 04-41374

-3-

precedent, but he raises it here to preserve it for further

review. Accordingly, Nunez’s conviction is affirmed.

AFFIRMED IN PART; VACATED AND REMANDED IN PART.
EXTENSION AGREEMENT


     This Extension Agreement dated as of December 31, 1995, is
between Biogen, Inc., a Massachusetts corporation ("Biogen"), and
Biogen Medical Products Limited Partnership, a Massachusetts
limited partnership (the "Partnership").

     WHEREAS, Biogen and the Partnership entered into a Development
Contract dated May 15, 1984, as amended October 10, 1989 and
extended December 2, 1992, relating to gamma interferon and
interleukin-2 (the "Development Contract"); and

     WHEREAS, the Development Contract will expire on December 31,
1995, and the parties wish to extend such date to December 31,
1996.

     NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

     1.   Section 12(e) is hereby amended by deleting the date
          "December 31, 1995" and substituting therefor "December
          31, 1996."

     2.   In all other respects the Development Contract is hereby
          ratified and confirmed.

     IN WITNESS WHEREOF, the parties have executed this Agreement
as of the date first set forth above.

BIOGEN MEDICAL PRODUCTS LIMITED
PARTNERSHIP

By its General Partner
BIOGEN, INC.

By: /s/ James L. Vincent


BIOGEN, INC.


By: /s/ Michael J. Astrue
#### The People of the State of New York, Respondent, v Christine Maddaloni, Appellant.

[832 NYS2d 458]

Appeal from a judgment of the County Court of Greene County (Lalor, J.), rendered November 28, 2005, convicting defendant upon her plea of guilty of two counts of the crime of grand larceny in the third degree.

In satisfaction of a 49-count indictment charging her with grand larceny in the third degree and numerous counts of falsifying business records in the first degree, defendant pleaded guilty to grand larceny in the third degree. Under the terms of the plea agreement, she waived her right to appeal and was to be sentenced as a second felony offender to 3V2 to 7 years in prison. Thereafter, as a result of further criminal conduct, defendant waived indictment and agreed to be prosecuted by a superior court information charging her with grand larceny in the third degree, to which she also pleaded guilty. Under the terms of the plea agreement, she again waived her right to appeal and was to be sentenced as a second felony offender to a prison term of 21/2 to 5 years, to run consecutive to the sentence to be imposed for her prior crime. Defendant was sentenced accordingly and now appeals.

Defense counsel seeks to be relieved of her assignment of representing defendant on the ground that there are no nonfrivolous issues to be raised on appeal. Based upon our review of the record and defense counsel’s brief, we agree. Defendant entered knowing, voluntary and intelligent guilty pleas and waivers of appeal. The contentions raised in defendant’s pro se submission are either encompassed by these waivers or concern matters outside the record. Therefore, the judgment is affirmed and defense counsel’s application to be relieved of her assignment is granted *(see People v Cruwys,*113 AD2d 979, 980 [1985], *lv denied*67 NY2d 650 [1986]; *see generally People v Stokes,*95 NY2d 633 [2001]).

Cardona, EJ., Mugglin, Carpinello, Rose and Lahtinen, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of ássignment granted.
# C_2018088EN.01000701.xml

| 8.3.2018 | EN | Official Journal of the European Union | C 88/7 |
| --- | --- | --- | --- |

8.3.2018

EN

Official Journal of the European Union

C 88/7

---

Euro exchange rates (1)

1

7 March 2018

(2018/C 88/03)

1 euro =

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2417 |
| JPY | Japanese yen | 131,41 |
| DKK | Danish krone | 7,4502 |
| GBP | Pound sterling | 0,89513 |
| SEK | Swedish krona | 10,2383 |
| CHF | Swiss franc | 1,1673 |
| ISK | Iceland króna | 123,70 |
| NOK | Norwegian krone | 9,6775 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,421 |
| HUF | Hungarian forint | 311,74 |
| PLN | Polish zloty | 4,1939 |
| RON | Romanian leu | 4,6605 |
| TRY | Turkish lira | 4,7152 |
| AUD | Australian dollar | 1,5909 |
| CAD | Canadian dollar | 1,6056 |
| HKD | Hong Kong dollar | 9,7295 |
| NZD | New Zealand dollar | 1,7063 |
| SGD | Singapore dollar | 1,6323 |
| KRW | South Korean won | 1 327,71 |
| ZAR | South African rand | 14,7815 |
| CNY | Chinese yuan renminbi | 7,8484 |
| HRK | Croatian kuna | 7,4280 |
| IDR | Indonesian rupiah | 17 082,07 |
| MYR | Malaysian ringgit | 4,8472 |
| PHP | Philippine peso | 64,571 |
| RUB | Russian rouble | 70,6046 |
| THB | Thai baht | 38,878 |
| BRL | Brazilian real | 4,0094 |
| MXN | Mexican peso | 23,4057 |
| INR | Indian rupee | 80,5780 |

Currency

Exchange rate

USD

US dollar

1,2417

JPY

Japanese yen

131,41

DKK

Danish krone

7,4502

GBP

Pound sterling

0,89513

SEK

Swedish krona

10,2383

CHF

Swiss franc

1,1673

ISK

Iceland króna

123,70

NOK

Norwegian krone

9,6775

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,421

HUF

Hungarian forint

311,74

PLN

Polish zloty

4,1939

RON

Romanian leu

4,6605

TRY

Turkish lira

4,7152

AUD

Australian dollar

1,5909

CAD

Canadian dollar

1,6056

HKD

Hong Kong dollar

9,7295

NZD

New Zealand dollar

1,7063

SGD

Singapore dollar

1,6323

KRW

South Korean won

1 327,71

ZAR

South African rand

14,7815

CNY

Chinese yuan renminbi

7,8484

HRK

Croatian kuna

7,4280

IDR

Indonesian rupiah

17 082,07

MYR

Malaysian ringgit

4,8472

PHP

Philippine peso

64,571

RUB

Russian rouble

70,6046

THB

Thai baht

38,878

BRL

Brazilian real

4,0094

MXN

Mexican peso

23,4057

INR

Indian rupee

80,5780

---

(1)  Source: reference exchange rate published by the ECB.

1

Source

---
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from Centex
Development Company L.P.'s September 30, 1995, Form 10-Q and is qualified
in its entirety by reference to such financial statements.
</LEGEND>
<CIK> 0000818764
<NAME> CENTEX DEVELOPEMENT COMPANY L.P.
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          MAR-31-1996
<PERIOD-START>                             APR-01-1995
<PERIOD-END>                               SEP-30-1995
<CASH>                                           1,361
<SECURITIES>                                         0
<RECEIVABLES>                                    8,031
<ALLOWANCES>                                         0
<INVENTORY>                                     95,287
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 104,679
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<COMMON>                                             0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                      43,441
<TOTAL-LIABILITY-AND-EQUITY>                   104,679
<SALES>                                         10,239
<TOTAL-REVENUES>                                10,239
<CGS>                                           10,258
<TOTAL-COSTS>                                   10,258
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                   (19)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                               (19)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      (19)
<EPS-PRIMARY>                                     0.00
<EPS-DILUTED>                                     0.00
        

</TABLE>
# C_2018466EN.01001501.xml

| 28.12.2018 | EN | Official Journal of the European Union | C 466/15 |
| --- | --- | --- | --- |

28.12.2018

EN

Official Journal of the European Union

C 466/15

---

New national side of euro coins intended for circulation

(2018/C 466/06)

National side of the new commemorative 2-euro coin intended for circulation and issued by Belgium

Euro coins intended for circulation have legal tender status throughout the euro area. For informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the European Union providing for the issuance of euro coins are authorised to issue commemorative euro coins intended for circulation, provided that certain conditions are met, one of these being that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.

Issuing country
  : Belgium

Subject of commemoration
  : The 450th anniversary of the death of Pieter Bruegel the Elder

Description of the design
  : The inner part of the piece depicts the portrait of the famous Belgian artist Pieter Bruegel the Elder, together with a painting on an easel. Above this, you can find the name P. Bruegel, the years 1569, with a subtle obelisk referring to the year of death, and 2019, the year of issuance.

As the Royal Dutch Mint will strike the coins, the mintmark of Utrecht, a mercury staff is located on the left together with the Belgian mint director mintmark, the coat of arms of the municipality Herzele, the country code BE. The initials LL referring to the designer of the coin, Mr Luc Luycx, are located on the right. Finally, around the edge of the inner part small dots form a circle.

The coin’s outer ring depicts the 12 stars of the European flag.

Number of coins to be issued
  : 155 000 coins

Date of issue
  : January 2019

---

(1)  See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002.

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).

---
22.101-1 General. ( a ) Agencies shall maintain sound relations with industry and labor to ensure ( 1 ) prompt receipt of information involving labor relations that may adversely affect the Government acquisition process and
( 2 ) that the Government obtains needed supplies and services without delay. All matters regarding labor relations shall be handled in accordance with agency procedures.
( b ) ( 1 ) Agencies shall remain impartial concerning any dispute between labor and contractor management and not undertake the conciliation, mediation, or arbitration of a labor dispute. To the extent practicable, agencies should ensure that the parties to the dispute use all available methods for resolving the dispute, including the services of the National Labor Relations Board, Federal Mediation and Conciliation Service, the National Mediation Board and other appropriate Federal, State, local, or private agencies.
( 2 ) For use of project labor agreements, see subpart 22.5.
( c ) Agencies should, when practicable, exchange information concerning labor matters with other affected agencies to ensure a uniform Government approach concerning a particular plant or labor-management dispute.
( d ) Agencies should take other actions concerning labor relations problems to the extent consistent with their acquisition responsibilities. For example, agencies should— ( 1 ) Notify the agency responsible for conciliation, mediation, arbitration, or other related action of the existence of any labor dispute affecting or threatening to affect agency acquisition programs;
( 2 ) Furnish to the parties to a dispute factual information pertinent to the dispute's potential or actual adverse impact on these programs, to the extent consistent with security regulations; and
( 3 ) Seek a voluntary agreement between management and labor, notwithstanding the continuance of the dispute, to permit uninterrupted acquisition of supplies and services. This shall only be done, however, if the attempt to obtain voluntary agreement does not involve the agency in the merits of the dispute and only after consultation with the agency responsible for conciliation, mediation, arbitration, or other related action.
( e ) The head of the contracting activity may designate programs or requirements for which it is necessary that contractors be required to notify the Government of actual or potential labor disputes that are delaying or threaten to delay the timely contract performance (see 22.103-5(a)).
[48 FR 42258, Sept. 19, 1983, as amended at 27415, May 16, 2001; 75 FR 19177, Apr. 13, 2010]
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 160 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
H. J. RES. 160

  Providing for congressional disapproval under chapter 8 of title 5, 
 United States Code, of the rule submitted by the Department of Health 
 and Human Services relating to ``Nondiscrimination in Health Programs 
                           and Activities''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 23, 2024

Mr. Roy (for himself, Mr. LaMalfa, Mr. Ogles, Mr. Duncan, Mr. Crenshaw, 
  Mr. Good of Virginia, Mr. Babin, Mr. Weber of Texas, Mr. Biggs, Mr. 
Jackson of Texas, Mr. Reschenthaler, Mr. Brecheen, Mr. Bishop of North 
Carolina, Mr. Self, Mrs. Miller of Illinois, Mr. Higgins of Louisiana, 
  Mr. Moran, and Mr. Moore of Alabama) submitted the following joint 
 resolution; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                            JOINT RESOLUTION

 
  Providing for congressional disapproval under chapter 8 of title 5, 
 United States Code, of the rule submitted by the Department of Health 
 and Human Services relating to ``Nondiscrimination in Health Programs 
                           and Activities''.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That Congress disapproves the 
rule submitted by the Department of Health and Human Services relating 
to ``Nondiscrimination in Health Programs and Activities'' (89 Fed. 
Reg. 37522 (May 6, 2024)), and such rule shall have no force or effect.
                                 <all>
```
IA 

118TH CONGRESS 

2D SESSION H. J. RES. 189 

Providing for congressional disapproval under chapter 8 of title 5, United 

States Code, of the rule submitted by the Department of Energy relating 

to ‘‘Energy Conservation Program: Energy Conservation Standards for 

Air-Cooled Commercial Package Air Conditioners and Heat Pumps’’. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 18, 2024 

Mr. PALMER submitted the following joint resolution; which was referred to 

the Committee on Energy and Commerce 

JOINT RESOLUTION 

Providing for congressional disapproval under chapter 8 of 

title 5, United States Code, of the rule submitted by 

the Department of Energy relating to ‘‘Energy Conservation Program: Energy Conservation Standards for AirCooled Commercial Package Air Conditioners and Heat 

Pumps’’. 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 That Congress disapproves the rule submitted by the De4 partment of Energy relating to ‘‘Energy Conservation 

5 Program: Energy Conservation Standards for Air-Cooled 

6 Commercial Package Air Conditioners and Heat Pumps’’ 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•HJ 189 IH 

1 (89 Fed. Reg. 44052 (May 20, 2024)), and such rule shall 

2 have no force or effect. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS
3416.505 Ordering. ( b ) (8) *Task order and delivery-order ombudsman.* The competition advocate at each contracting activity shall act as the task order and delivery-order contract ombudsman for purposes of FAR 16.505(b)(8).
EXHIBIT 32



          Certification Pursuant to 18 U.S.C. Section 1350, as Adopted
            Pursuant to Section 906 of The Sarbanes-Oxley Act of 2002
            ---------------------------------------------------------



     Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Section 1350 of
Chapter 63 of Title 18 of the United States Code), Dorrit J. Bern, Chairman of
the Board, President, and Chief Executive Officer and Eric M. Specter, Executive
Vice President and Chief Financial Officer of Charming Shoppes, Inc. (the
"Company"), each certifies with respect to the Quarterly Report of the Company
on Form 10-Q for the period ended May 1, 2004 (the "Report") that, to the best
of her/his knowledge:

(1)  The Report fully complies with requirements of Section 13(a) or 15(d) of
     the Securities Exchange Act of 1934; and

(2)  The information contained in the Report fairly presents, in all material
     respects, the financial condition and results of operations of the Company.



Dated:   May 28, 2004

                                           /S/ Dorrit J. Bern
                                           ------------------
                                           Dorrit J. Bern
                                           Chairman of the Board
                                           President and Chief Executive Officer

Dated:   May 28, 2004

                                           /S/ Eric M. Specter
                                           -------------------
                                           Eric M. Specter
                                           Executive Vice President
                                           Chief Financial Officer


The foregoing certification is being furnished solely pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002 (Section 1350 of Chapter 63 of Title 18 of the
United States Code) and is not being filed as part of the Report or as a
separate disclosure document.

[A signed original of this written statement required by Section 906 has been
provided to Charming Shoppes, Inc. and will be retained by Charming Shoppes,
Inc. and furnished to the Securities and Exchange Commission or its staff upon
request.]
Consent of Independent Auditors


We consent to the incorporation by reference in the Registration  Statements and
related Prospectuses (Forms S-3 No. 333-87512,  No. 333-73421, No. 33-40465, No.
333-36704  and Form S-4 No.  333-10771)  of Commerce  Bancorp,  Inc.  and in the
Registration  Statements (Forms S-8 No. 33-82742,  No. 33-82740,  No. 333-57497,
No.  333-37764,  and No.  333-40386)  pertaining  to the Stock  Option Plans and
Employee  Stock  Purchase  Plan of Commerce  Bancorp,  Inc. of our report  dated
February  7, 2003 with  respect  to the  consolidated  financial  statements  of
Commerce  Bancorp,  Inc. and  Subsidiaries  included in this Annual Report (Form
10-K) for the year ended December 31, 2002.



Philadelphia, Pennsylvania
March 28, 2003
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 13-1698

YOSEPH NIGATU BEZABEH,

Petitioner,

v.

ERIC H. HOLDER, JR., Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration 

Appeals.

Submitted: August 29, 2013 Decided: September 3, 2013

Before DUNCAN, AGEE, and KEENAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Yoseph Nigatu Bezabeh, Petitioner Pro Se. Channah F. Norman, 

Jason Wisecup, U. S. DEPARTMENT OF JUSTICE, Washington, DC, for 

Respondent.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Yoseph Nigatu Bezabeh petitions for review of an order 

of the Board of Immigration Appeals (“Board”) denying his motion 

to reopen. We dismiss the petition for review because it is 

untimely.

Bezabeh had thirty days from the date of the Board’s 

April 16, 2013 order from which to file a timely petition for 

review. See 8 U.S.C. § 1252(b)(1) (2006). Because the petition 

was filed on May 29, 2013, it is untimely. The thirty day time 

period is “jurisdictional in nature and must be construed with 

strict fidelity to [its] terms.” Stone v. INS, 514 U.S. 386, 

405 (1995). It is “not subject to equitable tolling.” Id.

Thus, this court does not have jurisdiction to review the 

Board’s order denying the motion to reopen. 

Accordingly, we dismiss the petition for review. We 

dispense with oral argument because the facts and legal 

contentions are adequately presented in the materials before 

this court and argument would not aid the decisional process.

DISMISSED
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