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

FOR THE FIFTH CIRCUIT

No. 19-50528

Summary Calendar

Consolidated with 19-50530

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JOSE ARMANDO NUNEZ-LOPEZ,

Defendant-Appellant

Appeals from the United States District Court

for the Western District of Texas

USDC No. 4:18-CR-862-1

USDC No. 4:11-CR-376-6

Before JOLLY, JONES, and SOUTHWICK, Circuit Judges. 

PER CURIAM:*

Jose Armando Nunez-Lopez filed notices of appeal from the order 

revoking his supervised release and from a new judgment of conviction entered 

after his guilty plea to illegal reentry. He argues that the enhancement of his 

sentence pursuant to 8 U.S.C. § 1326(b)(2), which increased the statutory 

 

* 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

January 23, 2020

Lyle W. Cayce

Clerk

 Case: 19-50528 Document: 00515282865 Page: 1 Date Filed: 01/23/2020
No. 19-50528

2

maximum term of imprisonment to 20 years for his illegal reentry offense, is 

unconstitutional because of the treatment of the provision as a sentencing 

factor rather than as an element of the offense that must be alleged in the 

indictment and proved to a jury beyond a reasonable doubt. Nunez-Lopez 

concedes that this issue is foreclosed by Almendarez-Torres v. United States, 

523 U.S. 224 (1998). However, he seeks to preserve the argument for possible 

Supreme Court review because, he argues, subsequent decisions indicate that 

the Supreme Court may reconsider its holding in Almendarez-Torres.

In that opinion, the Supreme Court held that for purposes of a statutory 

sentencing enhancement, a prior conviction is not a fact that must be alleged 

in an indictment or found by a jury beyond a reasonable doubt. Id. at 239–47. 

This court has held that subsequent Supreme Court decisions did not overrule 

Almendarez-Torres. See United States v. Wallace, 759 F.3d 486, 497 (5th Cir. 

2014) (considering the effect of Alleyne v. United States, 570 U.S. 99 (2013)); 

United States v. Rojas-Luna, 522 F.3d 502, 505–06 (5th Cir. 2008) (considering 

the effect of Apprendi v. New Jersey, 530 U.S. 466 (2000)). Thus, NunezLopez’s argument is foreclosed.

The Government’s motion for summary affirmance is GRANTED. 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: 19-50528 Document: 00515282865 Page: 2 Date Filed: 01/23/2020
Exhibit 32.2

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of MagnaChip Semiconductor LLC (the Company) on Form 10-Q for the period ending April 1, 2007,
as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Robert J. Krakauer, President and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to
§906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:

(1) The Report fully complies with the 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.



|                                     
|-------------------------------------
|                                     
|/s/ Robert J. Krakauer               
|Robert J. Krakauer                   
|President and Chief Financial Officer
|May 14, 2007                         

A signed original 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.
113TH CONGRESS 

1ST SESSION H. R. 2353 

AN ACT 

To amend title 23, United States Code, with respect to 

the operation of vehicles on certain Wisconsin highways, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 2353 EH

1 SECTION 1. OPERATION OF VEHICLES ON CERTAIN WIS2 CONSIN HIGHWAYS. 

3 Section 127 of title 23, United States Code, is 

4 amended by adding at the end the following: 

5 ‘‘(j) OPERATION OF VEHICLES ON CERTAIN WIS6 CONSIN HIGHWAYS.—If any segment of the United States 

7 Route 41 corridor, as described in section 1105(c)(57) of 

8 the Intermodal Surface Transportation Efficiency Act of 

9 1991, is designated as a route on the Interstate System, 

10 a vehicle that could operate legally on that segment before 

11 the date of such designation may continue to operate on 

12 that segment, without regard to any requirement under 

13 subsection (a).’’. 

Passed the House of Representatives July 22, 2013. 

Attest: 

Clerk. 

113TH CONGRESS 

1ST SESSION H. R. 2353 

AN ACT 

To amend title 23, United States Code, with reconsin highways, and for other purposes. spect to the operation of vehicles on certain Wis-
### Contacts. Withwhom outside the FAAhasthis proposal been discussed? Organization Person Contacted Date Response :\:.Iliun:!1 Bu~iness Ain'rnt'J A"SlICl;lIiQIl Eli ('olli 8/4/09 

## - Rt'giulI.i1 Airlillt, Assuriatiun Dave Lotlerer 8/4/09 

# - Airrr:lft Owner!. & !,Hols AssQrlaliul1 RQbC'rtl:Iackman 8/4/09 

## - AT.-\ Craig F3biall 8/4109 

## - J\TA ;\:1 LUPl';', 8/4/09 

## -
###### Editorial Note on Part 2

#### Editorial Notes:

1. Nomenclature changes to part 2 appear at 83 FR 22178, May 14, 2018.

2. Nomenclature changes to part 2 appear at 83 FR 61310, Nov. 29, 2018

3. Nomenclature changes to part 2 appear at 85 FR 65504, Oct. 15, 2020.

4. Nomenclature changes to part 2 appear at 87 FR 44266, July 26, 2022.

###### Editorial Note on Subpart C of Part 2

#### Editorial Note:

Nomenclature changes to subpart C of part 2 appear at 60 FR 66713, Dec. 26, 1995.

#### § 2.14 Deputy Secretary.

The following delegation of authority is made by the Secretary of Agriculture to the Deputy Secretary: Perform all of the duties and exercise all of the powers and functions which are now or which may hereafter be, vested in the Secretary of Agriculture. This delegation is subject to the limitation in § 2.10.

[60 FR 56393, Nov. 8, 1995. Redesignated at 87 FR 44266, July 26, 2022]
ALASKA SEAFOOD CBI REPLACEMENT PAGE 

EPA-HQ-OW-2013-0652

DCN: 00312CBI

THE FOLLOWING HAS BEEN REMOVED BECAUSE IT 

CONTAINS CONFIDENTIAL BUSINESS INFORMATION 

(CBI) PER 40 CFR PART 2, SUBPART B.
#### § 29.6011 Damage.

The effect of mold, must, rot, black rot or other fungus or bacterial diseases which attack tobacco in its cured state. Tobacco having the odor of mold, must or rot is considered damaged. (See Rule 17.)
##### 



EXHIBIT 13.1 SECTION 1350 CERTIFICATION PURSUANT TO SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002* In connection with the annual report of International Gemini Technology Inc. (the Company) on
Form 20-F for the period ending December 31, 2005 as filed with the Securities and Exchange
Commission on the date hereof (the Report), I, Edward Dolejsi, President and CEO of the Company,
certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to section 906 of the
Sarbanes-Oxley Act of 2002, that: (1) the Report containing the financial statements of the Company fully complies with the
requirements of section 13(a) or 15(d), as applicable, 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. Date: June 29, 2005 /s/ Edward DolejsiEdward DolejsiPresident and CEO   *
§ 247.2 The purpose and scope of CSFP. ( a ) *How does CSFP help participants?* Through CSFP, the Department provides nutritious commodities to help State and local agencies meet the nutritional needs of low-income elderly persons. CSFP also helps State and local agencies meet the nutritional needs of women, infants, and children who were certified and receiving CSFP benefits as of February 6, 2014. Food packages include such nutritious foods as canned fruits and vegetables, canned meat, poultry and other protein items, and grain products such as pasta, as well as other foods. Participants are offered the opportunity to receive nutrition education.
( b ) *How many persons may be served in CSFP?* State agencies may serve eligible persons up to the caseload limit assigned to them by FNS. Caseload is the number of persons that may be served on an average monthly basis over the course of the caseload cycle, which extends from January 1 through the following December 31.
[70 FR 47063, Aug. 11, 2005, as amended at 79 FR 38750, July 9, 2014; 85 FR 68721, Oct. 30, 2020]
I 

113TH CONGRESS 

1ST SESSION H. R. 2157 

To authorize the ground burial at Arlington National Cemetery of members 

of the United States Army who served honorably in the Tomb of the 

Unknown Soldier platoon, Third Infantry Regiment (Old Guard), United 

States Army. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 23, 2013 

Mr. FITZPATRICK (for himself and Mr. VISCLOSKY) introduced the following 

bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Veterans’ Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To authorize the ground burial at Arlington National Cemetery of members of the United States Army who served 

honorably in the Tomb of the Unknown Soldier platoon, 

Third Infantry Regiment (Old Guard), United States 

Army. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


smartinez on DSK6TPTVN1PROD with BILLS
2 

•HR 2157 IH

1 SECTION 1. BURIAL OF DECEASED FORMER MEMBERS OF 

2 THE TOMB GUARD PLATOON AT ARLINGTON 

3 NATIONAL CEMETERY. 

4 Section 4722(a) of title 10, United States Code, is 

5 amended by adding at the end the following new para6 graph: 

7 ‘‘(3)(A) Subject to section 985(b) of this title, an in8 dividual who served as a Tomb Guard described in sub9 paragraph (B) is eligible for interment of casketed re10 mains or cremated remains at Arlington National Ceme11 tery. 

12 ‘‘(B) Subparagraph (A) applies with respect to an in13 dividual who— 

14 ‘‘(i) served honorably in the Army; 

15 ‘‘(ii) served at the Tomb of the Unknown Sol16 dier as a Tomb Guard; and 

17 ‘‘(iii) was awarded the Tomb Guard Identifica18 tion Badge or a certificate of participation if service 

19 occurred prior to the introduction of the badge. 

20 ‘‘(C) Subparagraph (A) shall not apply to an indi21 vidual otherwise described in subparagraph (B) whose 

22 Tomb Guard Identification Badge or certificate was re23 voked before the burial of the individual. 


smartinez on DSK6TPTVN1PROD with BILLS
3 

•HR 2157 IH

1 ‘‘(D) The Society of the Honor Guard, Tomb of the 

2 Unknown Soldier, shall be responsible for verifying the eli3 gibility requirements specified in subparagraph (B).’’. 

Æ 


smartinez on DSK6TPTVN1PROD with BILLS
#### § 29.3049 Pink or pinkish.

A color term applied to pink or pinkish tobacco. Any leaf which has a pink or pinkish color affecting 20 percent or more of its leaf surface is considered as mixed color. (See Rule 16.)

[24 FR 8771, Oct. 29, 1959. Redesignated at 47 FR 51722, Nov. 17, 1982, and at 49 FR 16758, Apr. 20, 1984]
98- 651.

#### State v. Bellman.

Hamilton App. No. C-970169. This cause is pending before the court as an appeal from the Court of Appeals for Hamilton County.

IT IS ORDERED by the court, *sua sponte,*that the parties are to brief the issues raised in Propositions of Law Nos. I and II.

IT IS FURTHER ORDERED by the court, *sua sponte,*that appellant’s brief shall be due forty days from the date of this entry, and the parties shall otherwise proceed in accordance with S.CtPrac.R. VI.
CERTIFICATION

                       PURSUANT TO SECTION 302(A) OF THE

                          SARBANES-OXLEY ACT OF 2002

I,     Bruce Hollingshead, certify that:

1.   I   have  reviewed  this  quarterly  report  on  Form  10-QSB  of  Cascade
Technologies Corp.

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

3.   Based  on  my  knowledge, the financial statements,  and  other  financial
information included  in  this  report, fairly present in all material respects
the financial condition, results of operations and cash flows of the registrant
as of, and for, the periods presented in this report;

4.   I am responsible for establishing  and maintaining disclosure controls and
procedures (as defined in Exchange Act Rules  13a-15(e)  and 15d-15(e)) for the
registrant and have:

             (a)  designed such disclosure controls and procedures,  or  caused
such disclosure controls  and  procedures to be designed under our supervision,
to ensure that material information  relating  to the registrant, including its
consolidated subsidiaries, is made known to us by others within those entities,
particularly during the period in which this report is being prepared;

             (b)  evaluated  the effectiveness of the  registrant's  disclosure
controls and procedures and presented  in this report our conclusions about the
effectiveness of the disclosure controls  and  procedures, as of the end of the
period covered by this report based on such evaluation; and

             (c)  disclosed  in  this  report any change  in  the  registrant's
internal control over financial reporting that occurred during the registrant's
most recent fiscal quarter (the registrant's  fourth fiscal quarter in the case
of an annual report) that has materially affected,  or  is reasonably likely to
materially affect, the registrant's internal control over  financial reporting;
and

5.   I have disclosed, based on our most recent evaluation of  internal control
over financial reporting, to the registrant's auditors and the audit  committee
of  registrant's  board  of  directors  (or  persons  performing the equivalent
functions):

             (a) all significant deficiencies and material  weaknesses  in  the
design or operation  of  internal  control  over  financial reporting which are
reasonably  likely  to  adversely affect the registrant's  ability  to  record,
process, summarize and report financial information; and

            (b) any fraud, whether or not material, that involves management or
other employees who have  a  significant  role  in  the  registrant's  internal
control over financial reporting.

Date: July 17, 2006           /s/ Bruce Hollingshead
                 	      ----------------------
                 	      Name:  Bruce Hollingshead
                 	      Title: President (Principal Executive Officer)
§ 247.12 Rights and responsibilities. ( a ) *What information regarding an individual's rights in CSFP must the local agency provide to the applicant?* The local agency is responsible for informing the applicant, orally or in writing, of the following: ( 1 ) The local agency will provide notification of a decision to deny or terminate CSFP benefits, and of an individual's right to appeal this decision by requesting a fair hearing, in accordance with § 247.33(a);
( 2 ) The local agency will make nutrition education available to all participants and will encourage them to participate; and
( 3 ) The local agency will provide information on other nutrition, health, or assistance programs, and make referrals as appropriate.
( b ) *What information regarding an individual's responsibilities in CSFP must the local agency provide to the applicant?* In addition to the written statement required by § 247.8(b), the local agency is responsible for informing the applicant, orally or in writing, of the following: ( 1 ) Improper use or receipt of CSFP benefits as a result of dual participation or other program violations may lead to a claim against the individual to recover the value of the benefits, and may lead to disqualification from CSFP; and
( 2 ) Participants must report changes in household income or composition within 10 days after the change becomes known to the household.
[70 FR 47063, Aug. 11, 2005, as amended at 79 FR 38751, July 9, 2014; 85 FR 68721, Oct. 30, 2020]
<PAGE>

                                                                   EXHIBIT 10.22
                                  AMENDMENT TO
                         EXECUTIVE EMPLOYMENT AGREEMENT

      WHEREAS, Robert A. Lear ("Executive") is party to an executive employment
agreement (the "Agreement") with Penn Independent Corporation (the "Company"),
made as of October 18, 2004; and

      WHEREAS, the Company and Executive desire that certain changes be made to
the Agreement so as to clarify the intent of Executive and the Company with
respect to the identity of the parties to the Agreement.

      NOW THEREFORE, the Agreement shall be revised as follows, effective as of
October 18, 2004:

      1.    The first sentence of Section 1 of the Agreement shall be revised in
its entirety to read as follows:

      "The word "Company" as used in this Agreement shall refer to and include
      Penn Independent Corporation and its "Subsidiaries," as such term is
      defined in the Stock Purchase Agreement dated as of October 14, 2004, by
      and among UNGL, United National Insurance Company, the Company, certain
      shareholders of the Company, and Irvin Saltzman."

      2.    In all other respects the Agreement shall remain the same.

      IN WITNESS WHEREOF, the parties have caused this Amendment to be executed
on this 24th day of January, 2005.

EXECUTIVE                                   PENN INDEPENDENT CORPORATION.

/s/ Robert A. Lear                          By: /s/ Irvin Saltzman
---------------------------                     -------------------------------

Robert A. Lear                              Name: Irvin Saltzman, Chairman
Document No. 

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

UNITED STATES OF AMERICA

VS CASE NO. 3:94cr3122 LAC

ANTHONY CURTIS

REFERRAL AND ORDER

Referred to Judge Lacey Collier on MARCH 25, 2008 

Motion/Pleadings: MOTION FOR REDUCTION OF SENTENCE PURSUANT TO TITLE 18

U.S.C. § 3582(c)(2) and MEMO IN SUPPORT 

Filed by DEFENDANT PRO SE on3/21/08 & 3/26/08 Doc.# 167 & 168

RESPONSES:

on Doc.#

on Doc.#

Stipulated Joint Pldg.

Unopposed Consented

WILLIAM M. McCOOL, CLERK OF COURT

s/Mary Maloy

LC (1 OR 2) Deputy Clerk: Mary Maloy

ORDER

Upon consideration of the foregoing, it is ORDERED this 11

th day of

April, 2008, that:

(a) The relief requested is DENIED.

(b) At sentencing, the defendant was held accountable for 6 kilograms of cocaine

base which resulted in a base offense level of 38. Pursuant to Amendment 706 to

the Sentencing Guidelines, the Drug Quantity Table at §2D1.1 assigns a base

offense level of 38 for 4.5 kilograms or more of cocaine base. Since the

defendant’s base offense level is unchanged, he is ineligible for a reduction in

his sentence of imprisonment pursuant to Amendment 706. 

 s/L.A. Collier

LACEY A. COLLIER

Senior United States District Judge Entered On Docket: By: 

Rules 58 & 79(a) FRCP or 32(d)(1) & 55 FRCRP

Copies sent to:

Case 3:94-cr-03122-LC-MD Document 169 Filed 04/11/08 Page 1 of 1
#### § 28.1 Meaning of words.

Words used in this part in the singular form shall be deemed to import the plural, and vice versa, as the case may demand.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 97-7632
GENE W. GAYLOR, Petitioner - Appellant, versus COMMONWEALTH OF VIRGINIA, Respondent - Appellee. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, District Judge. (CA-97-478-R) Submitted: March 12, 1998 Decided: March 25, 1998 Before LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges. Dismissed by unpublished per curiam opinion.Gene W. Gaylor, Appellant Pro Se. Thomas Drummond Bagwell, Assistant Attorney General, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant appeals from the district court's order dismissing for lack of jurisdiction his petition for a writ of error coram nobis filed under 28 U.S.C. § 1651 (1994), and his successive habeas corpus petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1997). We have reviewed the record and the district court'sopinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. See Gaylor v. Virginia , No. CA-97-478-R (W.D. Va. Oct. 17, 1997). We dispense with oral argument becausethe facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

vs. CASE NO. 4:02-CR-045-SPM

KENO THOMPSON,

Defendant.

_____________________________/

ORDER REDUCING SENTENCE PURSUANT TO RULE 35

THIS CAUSE comes before the Court upon the “In Camera Motion

Concerning Substantial Assistance” (doc. 242) filed by the Government on

September 30, 2005, which advises that Defendant’s cooperation, provided after 

sentencing, led to the indictment, prosecution, and conviction of Richard Hall. 

Thompson testified at Hall’s trial, and the Government suggests that Defendant

was an important witness who provided truthful and complete testimony in the

case. 

The Court finds that a reduction is proper to reward Defendant’s

substantial assistance in the prosecution of others. Accordingly, it is

ORDERED AND ADJUDGED as follows:

1. Defendant’s sentence of confinement is reduced from 75 months

Case 4:02-cr-00045-SPM-AK Document 267 Filed 03/29/06 Page 1 of 2
Page 2 of 2

imprisonment to 55 months imprisonment. 

3. In all other respects, the original sentence imposed in the Judgment

and Commitment Order of August 9, 2004 (doc. 153) shall remain

unchanged.

4. The request for a hearing (doc. 243) is denied as moot.

DONE AND ORDERED this twenty-ninth day of March, 2006.

 s/ Stephan P. Mickle 

Stephan P. Mickle

United States District Judge

/pao

Case 4:02-cr-00045-SPM-AK Document 267 Filed 03/29/06 Page 2 of 2
###### Editorial Note on Part 1962

#### Editorial Note:

Nomenclature changes to part 1962 appear at 80 FR 9902, Feb. 24, 2015.

#### § 1962.26 Correcting errors in security instruments.

The County Supervisor may use Form RD 462-12, to correct minor errors in a financing statement when the errors are not serious (i.e., a slightly misspelled name). OGC will be asked to determine whether or not such errors are in fact minor. The County Supervisor may also use Form RD 462-12 to add chattel property to the financing statement (i.e., a new type or item of chattel or crops on land not previously described).