alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 19-40779

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

SERGIO DANIEL SERRANO-LOPEZ,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 7:18-CR-1266-2

Before WIENER, HAYNES, and COSTA, Circuit Judges.

PER CURIAM:*

Sergio Daniel Serrano-Lopez challenges his 40-month sentence for

aiding and abetting the smuggling of defense articles from the United States. 

That sentence includes a slight downward departure based on family ties and 

responsibilities (U.S.S.G. § 5H1.6, p.s.) and offender circumstances not 

ordinarily relevant but deemed exceptional in the defendant’s case (U.S.S.G. 

5K2.0(a)(4)). On appeal, Serrano-Lopez argues that he should have received a 

* 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

June 10, 2020

Lyle W. Cayce

Clerk

 Case: 19-40779 Document: 00515448287 Page: 1 Date Filed: 06/10/2020
No. 19-40779

2

more substantial departure on the ground that the State Department has 

proposed that below .50 caliber ammunition and magazines be removed from

the United States Munitions List. 

We have jurisdiction to review a district court’s decision not to depart 

downward from the applicable guidelines range only if the district court based 

its decision on a mistaken belief that it lacked the authority to depart. See 

United States v. Sam, 467 F. 3d 857, 861 (5th Cir. 2006). Recognizing this

limited path for challenging a refusal to depart, Serrano-Lopez contends that 

the district court believed that it lacked authority to depart based on a possible 

future change in the law. But he has not demonstrated that the district court 

held such an erroneous belief. Nothing in the record indicates that the district 

court wished to grant Serrano-Lopez a downward departure pursuant to §

2M5.2 or § 5K2.0(a) based on the State Department’s proposed rule change, 

but mistakenly believed it could not. Rather, the record reflects that the 

district court did not believe a further departure was warranted under the facts 

and circumstances of the case. We therefore may not consider any argument 

challenging the district court’s decision to deny Serrano-Lopez’s request for a

downward departure. See Sam, 467 F.3d at 861.

Accordingly, the appeal is DISMISSED for lack of jurisdiction.

 Case: 19-40779 Document: 00515448287 Page: 2 Date Filed: 06/10/2020
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```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10236 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                               H. R. 10236

   To permanently extend the American Samoa economic development tax 
                                credit.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 21, 2024

Mrs. Radewagen introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
   To permanently extend the American Samoa economic development tax 
                                credit.

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

SECTION 1. AMERICAN SAMOA ECONOMIC DEVELOPMENT TAX CREDIT MADE 
              PERMANENT.

    (a) In General.--Section 119(d) of division A of the Tax Relief and 
Health Care Act of 2006 (26 U.S.C. 30A note) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``first 16'', and
                    (B) by striking ``and before January 1, 2022'', and
            (2) in paragraph (2)--
                    (A) by striking ``first 10'', and
                    (B) by striking ``and before January 1, 2022''.
    (b) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2021.
                                 <all>
```
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## Breadcrumb

            -           Resource: Elementary and Secondary Education Act of 1965, as Amended by the ESSA--Accountability and State Plans      

# Resource: Elementary and Secondary Education Act of 1965, as Amended by the ESSA--Accountability and State Plans

These regulations (PDF, 383 pages) will guide the development of the accountability, data reporting, and state plan provisions of the Every Student Succeeds Act (ESSA). The regulations will focus on supporting states in using flexibility to provide a high-quality, well-rounded education and ensure equity remains at the core of implementation. 

http://ed.gov/policy/elsec/leg/essa/essaaccountstplans1129.pdf?utm_source=Youth.gov&utm_campaign=Reports-and-Resources&utm_medium=federal-links&utm_content=Reports-and-Resources
FILED

July 10, 1997

Cecil Crowson, Jr.

Appellate Court Clerk

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT JACKSON

APRIL SESSION, 1997

RICKY TUCKER, )

) No. 02C01-9606-CR-00196

Appellant )

) SHELBY COUNTY

vs. )

) Hon. W. FRED AXLEY, Judge

STATE OF TENNESSEE, )

) (Post-Conviction)

Appellee )

For the Appellant: For the Appellee:

RICKY TUCKER, Pro Se CHARLES W. BURSON

Register Number 99302 Attorney General and Reporter

Rt. 1, Box 330

Tiptonville, TN 38079-9775 CLINTON J. MORGAN

Assistant Attorney General

Criminal Justice Division

450 James Robertson Parkway

Nashville, TN 37243-0493

WILLIAM GIBBONS

District Attorney General

ALANDA HORNE

Asst. District Attorney General

Criminal Justice Complex

Suite 301

201 Poplar Street

Memphis, TN 38103

OPINION FILED: 

AFFIRMED

David G. Hayes

Judge
2

OPINION 

The appellant, Ricky Tucker, appeals the Shelby County Criminal Court’s

denial of his petition for post-conviction relief. The appellant asserts that the trial

court’s jury instruction on reasonable doubt was unconstitutional. 

After a review of the record, we affirm the trial court’s judgment.

The appellant contends that the reasonable doubt instruction provided by

the trial court is constitutionally invalid due to the use of the term “moral

certainty” combined with the “mind rest easy” language. He argues that these

phrases together could have allowed a reasonable juror to find him guilty based

on a lower standard of proof than that required for guilt beyond a reasonable

doubt. Although the Tennessee Supreme Court has recently held such jury

charges to be constitutional, the appellant argues that those decisions do not

apply to his case because the court did not specifically address the “mind rest

easy” phrase. See State v. Nichols, 877 S.W.2d 722, 734 (Tenn. 1994) and

Pettyjohn v. State, 885 S.W.2d 364, 365 (Tenn. Crim. App. 1994). This

argument, however, is erroneous. In Nichols, the Tennessee Supreme Court

held constitutionally valid an instruction which allowed “moral certainty” to be

considered in conjunction with an instruction that “[r]easonable doubt is that

doubt engendered by an investigation of all the proof in the case and an inability,

after such investigation, to let the mind rest easily upon the certainty of your

verdict,” Id. (emphasis added). The appellate courts of this state have

repeatedly found this jury instruction constitutionally valid. See State v. Sexton,

917 S.W.2d 263, 265-266 (Tenn. Crim. App. 1995) and Covington v. State, No.

01C01-9606-CC-00250 (Tenn. Crim. App. at Nashville, Sept. 30, 1996). This

claim is without merit. 
3

Therefore, we affirm the trial court’s decision.

____________________________________

DAVID G. HAYES, Judge

CONCUR:

_____________________________

JOSEPH M. TIPTON, Judge

_____________________________

WILLIAM M. BARKER, Judge
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## Breadcrumb

            -           EEOC Joins Federal Partners in Creating New Guide on Hiring People with Disabilities      

# EEOC Joins Federal Partners in Creating New Guide on Hiring People with Disabilities

EEOC and multiple federal partners have released Recruiting, Hiring, Retaining, and Promoting People with Disabilities (PDF, 26 pages), a new guide for employers that compiles key federal and federally funded resources related to the employment of people with disabilities. 

http://www.whitehouse.gov/sites/default/files/docs/employing_people_with_disabilities_toolkit_february_3_2015_v4.pdf?utm_source=FindYouthInfo.gov&utm_medium=Federal-Links&utm_campaign=Reports-and-Resources
§ 1147.1 Definitions. *AMS* means the Agricultural Marketing Service of the United States Department of Agriculture.
*Eligible dairy organization* means a dairy farmer, either individually or as part of a cooperative, or a dairy processor that: ( 1 ) Accounts to a Federal Milk Marketing Order; and
( 2 ) Incurs a qualified expense described in § 1147.1.
*Eligible dairy product* means a dairy product primarily made from milk, including fluid milk, produced and processed in the United States and meeting the specifications referenced in § 1147.3.
*Eligible distributor* means a public or private non-profit feeding organization distributing or coordinating distribution of donated eligible dairy products to recipient individuals and families.
*Eligible partnership* means a partnership between an eligible dairy organization and an eligible distributor.
*Program* means the Dairy Donation Program established in this part.
*Qualified expense* means the cost incurred to purchase fresh fluid milk product or bulk dairy commodity product for processing into eligible dairy products.
*Secretary* means the Secretary of the United States Department of Agriculture or a representative authorized to act in the Secretary's stead.
§ 1033.12 Producer. ( a ) Except as provided in paragraph (b) of this section, *producer* means any person who produces milk approved by a duly constituted regulatory agency for fluid consumption as Grade A milk and whose milk is: ( 1 ) Received at a pool plant directly from the producer or diverted by the plant operator in accordance with § 1033.13; or
( 2 ) Received by a handler described in § 1033.9(c).
( b ) Producer shall not include: ( 1 ) A producer-handler as defined in any Federal order;
( 2 ) A dairy farmer whose milk is received at an exempt plant, excluding producer milk diverted to the exempt plant pursuant to § 1033.13(d);
( 3 ) A dairy farmer whose milk is received by diversion at a pool plant from a handler regulated under another Federal order if the other Federal order designates the dairy farmer as a producer under that order and that milk is allocated by request to a utilization other than Class I; and
( 4 ) A dairy farmer whose milk is reported as diverted to a plant fully regulated under another Federal order with respect to that portion of the milk so diverted that is assigned to Class I under the provisions of such other order.
****

** **

**Exhibit 12.2**

**Certificationof Chief Financial Officer**

I, Håkan Zadler,certify that:

1.                  Ihave reviewed this annual report on Form 20-F of Tele2 AB;

2.                  Basedon my knowledge, this annual report does not contain any untrue statement of amaterial fact or omit to state material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this annual report;

3.                  Basedon my knowledge, the financial statements, and other financial informationincluded in this annual report, fairly present in all material respects thefinancial condition, results of operations and cash flows of the company as of,and for, the periods presented in this annual report;

4.                  Thecompany’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the company and we have:

a)                Designedsuch disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the company, including its consolidated subsidiaries,is made known to us by others within those entities, particularly during theperiod in which this annual report is being prepared;

b)               Evaluatedthe effectiveness of the company’s disclosure controls and procedures andpresented in this annual report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

c)                Disclosedin this report any changes in the company’s internal control over financialreporting that occurred during the period covered by this report that hasmaterially affected, or is reasonably likely to materially affect, the company’sinternal control over financial reporting; and

5.                  Thecompany’s other certifying officer and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the company’sauditors and the audit committee of the company’s board of directors (orpersons performing the equivalent functions):

a)                Allsignificant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely toadversely affect the company’s ability to record, process, summarize and reportfinancial information; and

b)               Anyfraud, whether or not material, that involves management or other employees whohave a significant role in the company’s internal control over financialreporting.
| Date: June 14, 2006 |                           |                  |
|--------------------------|--------------------------------|-----------------------|
|                     | By:                            | /s/ Håkan Zadler |
|                     | Name: Håkan Zadler        |
|                     | Title: Chief Financial Officer |

 

----
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## Breadcrumb

            -           National Guard Youth Challenge Program      

# National Guard Youth Challenge Program

The mission of the National Guard Youth ChalleNGe Program is to intervene in and reclaim the lives of at-risk youth to produce program graduates with the values, skills, education and self-discipline necessary to succeed as adults.

https://www.jointservicessupport.org/NGYCP/
**Exhibit 23.3**

**CONSENT OF INDEPENDENT PETROLEUM ENGINEERS**

We hereby consent to the use of our report,dated February 15, 2010, relating to the proved oil and gas reserves of ATP Oil & Gas Corporation as of December 31, 2009, to the information derived from such report and to the reference to this firm as an expert in the annualreport on Form 10-K. We also consent to the incorporation by reference of such reports in the Registration Statements of ATP on Form S-3 (333-162574) and Form S-8 (333-60762). 

Collarini Associates 

/s/ Mitch Reece, P.E. 

President 

December 10, 2010
**Exhibit 15.1**

** **

We hereby consent to the incorporation by reference in the Registration Statement on Form F-3 (No. 333-168486) of Grupo Aeroportuario del Sureste, S. A. B. de C. V. of our report dated March 30, 2012 relating to the financial statements and the effectiveness of internal control over financial reporting, which appears in this Form 20-F.

 

 
| /s/   PricewaterhouseCoopers, S.C. |   |
|------------------------------------|--------|
| PricewaterhouseCoopers,   S.C.     |   |
| Mexico,   City                     |   |
| March 30,   2012              |   |

 

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#### § 1001.14 Other source milk.

See § 1000.14.