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

FOR THE FIFTH CIRCUIT

No. 16-50374

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

CLAUDIO MARQUEZ MARTINEZ, JR., 

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 4:14-CR-629-2

Before JOLLY, PRADO, and SOUTHWICK, Circuit Judges.

PER CURIAM:*

The attorney appointed to represent Claudio Marquez Martinez, Jr., has 

moved for leave to withdraw and has filed a brief in accordance with Anders v. 

California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th 

Cir. 2011). Martinez has filed a response. The record is not sufficiently 

developed to allow us to make a fair evaluation of Martinez’s claim of 

ineffective assistance of counsel; we therefore decline to consider the claim

 

* 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 21, 2017

Lyle W. Cayce

Clerk

 Case: 16-50374 Document: 00513883100 Page: 1 Date Filed: 02/21/2017
No. 16-50374

2

without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 

841 (5th Cir. 2014).

We have reviewed counsel’s brief and the relevant portions of the record 

reflected therein, as well as Martinez’s response. We concur with counsel’s 

assessment that the appeal presents no nonfrivolous issue for appellate review. 

Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused 

from further responsibilities herein, and the APPEAL IS DISMISSED. See

5TH CIR. R. 42.2.

 Case: 16-50374 Document: 00513883100 Page: 2 Date Filed: 02/21/2017
COMMITTEE S

BANKIN G a INSURANCE , CHAIRMA N TRANSPORTATION , VIC E CHAIRMA N COMMUNIT Y a ECONOMI C DEVELOPMEN T ENVIRONMENTA L RESOURCE S a ENERG Y

LABO R a INDUSTR Y VETERANS ' AFFAIR S a EMERGENC Y

PREPAREDNES S Stat e Senator 

### Do n Whit e 41s t Senatoria l Distric t

P AINFRASTRUCTUR E INVESTMEN T AUTHORIT Y (PENNVEST ) SOUTHWESTER N P AVETERANS ' CENTE R

ADVISOR Y COUNCI L SENAT E BO X 2O304 1 TH E STAT E CAPITO L HARRISBURG

. P A17120-304 1

717-787-872 4 FAX : 717-772-1B8 9 6 1 8 PHILADELPHI ASTREE T INDIANA , P A1S70 1 724-3S7-OI5 1 FAX : 724-3S7-014 8 (TOL L FREE ) 866-3S7-01S 1 

### Senat e a t Penttayluan m Jul y 21 , 201 1 Aloh aLey Associat e Directo r Smal l Community Ai r

Servic e Developmen t

Program , X-5 5 U.S
. Departmen t

o f Transportatio n 120 0 Ne w Jerse y Avenue , S E Washington , D C 2059 0 RE : Westmorelan dCounty Airport Authority' s Fundin g Reques t t O I MARKE T STREE T SUIT E 10 0 KITTANNING , P A1620 1 724-543-302 6 FAX : 724-548-485 6 395 0 WILLIA M PEN N HIGHWA Y MURRYSVILLE , P A 1566 8 724-327-242 2 FAX : 724-327-243 6

N J i-ri-'-;i- n

Dear Ms
. Ley : I amwritin g t o len dmy support t o th e Westmorelan dCounty Airport Authority' s reques t for fundin g throug hth e U.S
. Departmen t o f Transportation' s Smal l Communit y Ai r Servic e Developmen t

progra mt o expan dth e schedule dai r servic e that

ha s show n phenomena l promis e at Arnol dPalme r

Regiona l Airport
. Th e Authority ha s see n dramati c succes s wit hth e launc ho f

Spiri t Airline s servic e t o Fort Lauderdale , F

Lan dMyrtl e Beach , SC , whic hha s move dmor e tha n 30,00 0 passenger s throug h Arnol dPalme r

Airport i n les s tha n 5 months
. Th e airlin e i s no w considerin g additional destination s t o augmen t

thi s thrivin g operation , an dask s onl y for assistanc e i n marketin g th e ne w routes
. Thes e effort s ar e heavil y dependen t upo n marketin g effort s tha t th e airlin e ha s prove n successful
. Gran t

fundin g throug hth e SCAS D programi s critica l t o supportin g thes e effort s t o expan dservic e an dbolste r apriceles s economi c asse t t o th e communitie s th e airport serves . You r favorabl e revie w o f

thi s applicatio n woul db e greatl y appreciated
. Shoul dyo u hav e an y questions , pleas e d o no t hesitat e t o contac t

m e o r my Westmorelan dCount y offic e at you r convenience
. Sincerely ,

Do n White Senator , 41 " Distric t
**Exhibit 32.1**

 

**CERTIFICATION**

 

Each of theundersigned hereby certifies, for the purposes of section 1350 of chapter63 of title 18 of the United States Code, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, in his capacity as an officer of Bidz.com, Inc.(“Bidz.com”), that, to his knowledge, the Quarterly Report of Bidz.com on Form 10-Qfor the period ended June 30, 2008 fully complies with the requirements ofSection 13(a) of the Securities Exchange Act of 1934 and that theinformation contained in such report fairly presents, in all material respects,the financial condition and results of operation of Bidz.com.

 

 
| Date:  | August 5, 2008 | By                      | /s/ David Zinberg |
|--------|---------------------|-------------------------|-------------------|
|   |                | David Zinberg           |
|   |                | Chief Executive Officer |
|   |                |                    |
| Date:  | August 5, 2008 | By                      | /s/ Lawrence Kong |
|   |                | Lawrence Kong           |
|   |                | Chief Financial Officer |

 

----
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

UNITED STATES OF AMERICA

vs. CASE NO.: 4:03-CR-045-SPM

TORIANO ROBERTS,

Defendant.

_______________________________/

ORDER ADOPTING MAGISTRATE’S REPORT AND RECOMMENDATION

AND GRANTING MOTION TO VACATE SENTENCE

THIS CAUSE comes before the Court upon the Magistrate Judge’s Report

and Recommendation (doc. 69). The parties have been furnished a copy of the

report and recommendation and they have been afforded an opportunity to file

objections pursuant to 28 U.S.C. § 636(b)(1). No objections have been filed.

Having considered the report and recommendation, this Court finds that the

report and recommendation should be adopted. Accordingly, it is hereby

ORDERED as follows:

1. The magistrate judge’s report and recommendation (doc. 69) is

ADOPTED and incorporated by reference in this order.

2. The motion of Defendant Toriano Roberts to vacate, set aside, or

correct sentencing pursuant to 28 U.S.C. § 2255 (doc. 63) is granted.

3. Defendant will be resentenced as if he had entered a plea of guilty to

Count 1 of the indictment and had not gone to trial.

4. Counsel shall be appointed to represent Defendant for resentencing.

Case 4:03-cr-00045-MW-CAS Document 73 Filed 01/24/08 Page 1 of 2
2

This appointment will be made by separate order.

5. Resentencing shall take place on Tuesday, February 19, 2008 at the

United States courthouse in Tallahassee, Florida.

DONE AND ORDERED this twenty-fourth day of January, 2008.

 s/ Stephan P. Mickle 

Stephan P. Mickle

United States District Judge

Case 4:03-cr-00045-MW-CAS Document 73 Filed 01/24/08 Page 2 of 2
#### § 29.3128 Rule 25.

Tobacco in strip form which otherwise meets the specifications of a grade shall be treated as a subgrade by placing the special factor “S” preceding the grademark.

[49 FR 16758, Apr. 20, 1984]
#### § 29.6026 Maturity.

The degree of ripeness. (See chart.)
§ 1724.1 Introduction. ( a ) The policies, procedures and requirements in this part implement certain provisions of the standard form of loan documents between the Rural Utilities Service (RUS) and its electric borrowers.
( b ) All borrowers, regardless of the source of financing, shall comply with RUS' requirements with respect to design, construction standards, and the use of RUS accepted material on their electric systems.
( c ) Borrowers are required to use RUS contract forms only if the facilities are financed by RUS. Borrowers have three options: ( 1 ) Submit the actual contract used for review and approval;
( 2 ) Submit a certification that the required contract was used for the electric project or;
( 3 ) Submit a certification that the contract was not used but the essential and identical provisions specifically listed in the certification were used in the contract for constructing the electric facilities.
[63 FR 35314, June 29, 1998, as amended at 84 FR 32617, July 9, 2019]
§ 205.401 Application for certification. A person seeking certification of a production or handling operation under this subpart must submit an application for certification to a certifying agent. The application must include the following information: ( a ) An organic production or handling system plan, as required in § 205.201;
( b ) The name of the person completing the application; the applicant's business name, address, and telephone number; and, when the applicant is a corporation, the name, address, and telephone number of the person authorized to act on the applicant's behalf;
( c ) The name(s) of any organic certifying agent(s) to which application has previously been made; the year(s) of application; the outcome of the application(s) submission, including, when available, a copy of any notification of noncompliance or denial of certification issued to the applicant for certification; and a description of the actions taken by the applicant to correct the noncompliances noted in the notification of noncompliance, including evidence of such correction; and
( d ) Other information necessary to determine compliance with the Act and the regulations in this part.
[65 FR 80637, Dec. 21, 2000, as amended at 88 FR 3623, Jan. 19, 2023]
§ 301.76-4 Labeling requirements for regulated nursery stock produced within an area quarantined for citrus greening. ( a ) Effective September 15, 2010, except as provided in paragraphs (b) and (c) of this section, all regulated nursery stock offered for commercial sale within an area quarantined for citrus greening must have an APHIS-approved plastic or metal tag on which a statement alerting consumers to Federal prohibitions regarding the interstate movement of the article is prominently and legibly displayed. Alternatively, if the article is destined for commercial sale in a box or container, the statement may be printed on the box or container, or printed on a label permanently affixed to the box or container, provided that, in either case, the statement is prominently and legibly displayed. The operator of the site of propagation of the nursery stock and the person offering the plants for commercial sale are jointly responsible for all such labeling.
( b ) Nursery stock produced within a quarantined area for planting in a commercial citrus grove within that same area and moved directly to that grove, without movement outside of the quarantined area, may be moved without being labeled in accordance with paragraph (a) of this section.
( c ) Nursery stock that will be moved interstate in accordance with § 301.76-7 may be moved without being labeled in accordance with paragraph (a) of this section.
(Approved by the Office of Management and Budget under control number 0579-0363) [75 FR 34332, June 17, 2010, as amended at 76 FR 23457, Apr. 27, 2011]
**Exhibit32.1**

**Certificationof CEO Pursuant to18 U.S.C. Section 1350,as Adopted Pursuant toSection 906 of the Sarbanes-Oxley Act of 2002**

In connection with the Quarterly Report on Form 10-Qof KapStone Paper and Packaging Corporation for the quarter ended March 31,2007 as filed with the Securities and Exchange Commission (the “Report”), I,Roger Stone, Chairman and Chief Executive Officer of KapStone Paper andPackaging Corporation, hereby certify pursuant to 18 U.S.C. Section 1350,as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,that:

(1)                                  TheReport fully complies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

(2)                                  Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of KapStone Paper andPackaging Corporation.

Dated: May 9, 2007
|        | By:    | /s/ Roger Stone                       |
|--------|--------|---------------------------------------|
|   |   | Roger Stone                           |
|   |   | Chairman and  Chief Executive Officer |

 

----
§ 2003.5 Headquarters organization. ( a ) The Rural Development Headquarters is comprised of: ( 1 ) The Office of the Under Secretary;
( 2 ) Two Deputy Under Secretaries; and,
( 3 ) Three Administrators and their staffs.
( b ) The Rural Development Headquarters is located at 1400 Independence Avenue, SW., Washington, DC. 20250-0700
97- 1880.

#### Worthington City School Dist. Bd. of Edn. v. Franklin Cty. Bd. of Revision.

Board of Tax Appeals, No. 96-D-1218. On motion for admission *pro hac vice*of Dean H. Bilton and John M. Brannigan. Motion granted.

Resnick and Lundberg Stratton, JJ., not participating.

On motion to vacate entry consolidating cases for oral argument. Motion denied.

Douglas, J., would convert motion to vacate entry consolidating eases into motion to sever cases.

Resnick and Lundberg Stratton, JJ., not participating.
#### Esther James, Respondent, v. Adam C. Powell, Jr., Appellant.

Order dated November 17, 1966 unanimously modified on the law by striking therefrom and vacating the adjudication of criminal contempt based on the order of October 27,1965 (Brest, J.) and by substituting for the determination of criminal contempt, founded on the order of March 27, 1964 (Backer, J.), a holding of civil contempt and imposing a fine therefor of $250. As so modified the order is affirmed, without costs or disbursements. A Justice of co-ordinate jurisdiction had previously denied a motion to punish the defendant as and for a contempt of court in failing to appear for an examination pursuant to the order of October 27, 1965, believing that the relief granted to the plaintiff of striking the answer and ordering an inquest was *“*sufficient punishment for the failure to appear for the examination.” (Orders dated December 10, 1965, Street, J.) The latter orders were conclusive, were neither reargued nor appealed by the plaintiff and any subsequent motion relating thereto should have been heard or transferred to the Justice who made them. (CPLR 2221; *Kamp*v. *Kamp,*59 N. Y. 212, 217; *Mount Sinai Hosp.*v. Davis, 8 A D 2d 361; 2 Weinstein-Korn-Miller, N. Y. Civ. Prac., par. 2221.01.) The court did not acquire jurisdiction to punish the defendant for a criminal contempt by reason of his failure to comply with the order of March 27, 1964 that he appear for an examination in supplementary proceedings on May 1, 1964. Neither that order, which grew out of a prior order that the defendant could purge himself of a civil contempt by appearing for examination or by paying the entire judgment, nor the order to show cause bringing on the proceeding appealed from to punish the defendant for criminal contempt, was ever personally served upon the defendant. Jurisdiction obtained nevertheless to punish defendant for civil .contempt and we find that the conduct of the defendant was such as to impede the rights and remedies of the plaintiff judgment creditor. The fine of $250 imposed shall stand, to be paid to the plaintiff. (See *Billingsley*v. *Better Business Bureau of N. Y. City,*232 App. Div. 227; *Matter of Tri-State Investors Corp.*v. *Kitching,*231 App. Div. 143, 147, affd. 257 N. Y. 573.) Settle order on notice. Concur — Stevens, P. J., Eager, Steuer, Capozzoli and Tilzer, JJ. [52 Misc 2d 1048; 52 Misc 2d 1054.]
<PAGE>
                                                                   Exhibit 10.52

                                FOURTH AMENDMENT
                                     TO THE
                      FISHER SCIENTIFIC INTERNATIONAL INC.
                         SAVINGS AND PROFIT SHARING PLAN

      WHEREAS, Fisher Scientific International Inc. desires to amend the Fisher
Scientific International Inc. Savings and Profit Sharing Plan (the "Plan") to
include FSI Receivables Corporation and Medical Analysis Systems, Inc. as
participating companies in the Plan; and

      WHEREAS, Section 11.1 of the Plan grants the Administrative and Investment
Committee (the "Committee") the authority to make amendments to the Plan which
will not involve an estimated annual cost under the Plan in excess of $500,000;

      NOW,THEREFORE, it hereby is:

      RESOLVED THAT the Plan be hereby amended as follows:

1. Schedule I of the Plan is amended effective January 1, 2003, to include in
the list of Participating Companies the following:

      "FSI Receivables Corporation, effective January 1, 2003"

2. Schedule I of the Plan is amended effective January 1, 2003, to include in
the list of Participating Companies the following:

      "Medical Analysis Systems, Inc., effective January 1, 2003"

      IN WITNESS WHEREOF, the Fisher Scientific International Inc. Savings and
Profit Sharing Plan is amended the 20 day of December, 2002.

                                        ADMINISTRATIVE AND INVESTMENT COMMITTEE

                                        /s/ Paul M. Meister
                                        ------------------------------------
                                        Paul M. Meister

                                        /s/ Todd M. DuChene
                                        ------------------------------------
                                        Todd M. DuChene
2

reunified with Phyllis A.B. and has terminated their wardship. Under these unique circumstances, we decline to reach the merits of this appeal. Accordingly, we grant respondents' motion, and we

ORDER this appeal DISMISSED.

J. Hardesty 

# "c24...X Parraguirre

cc: Hon. Robert Teuton, District Judge, Family Court Division Clark County District Attorney/Juvenile Division Children's Attorney Project Marquis Aurbach Coffing Kim L.W. Melinda Simpkins, Special Public Defender Roger B.K. Eighth District Court Clerk

SUPREME COURT

OF NEVADA
(0) 1947A
[Federal Register Volume 75, Number 219 (Monday, November 15, 2010)]
[Notices]
[Page 69734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28618]


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

DEPARTMENT OF TRANSPORTATION

Office of the Secretary


Application of Island Airlines, LLC for Commuter Air Carrier 
Authorization

AGENCY: Department of Transportation.

ACTION: Notice of Order to Show Cause (Order 2010-11-4), Docket DOT-
OST-2010-0156.

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

SUMMARY: The Department of Transportation is directing all interested 
persons to show cause why it should not issue an order finding Island 
Airlines, LLC, fit, willing, and able, and awarding it Commuter Air 
Carrier Authorization.

DATES: Persons wishing to file objections should do so no later than 
November 19, 2010.

ADDRESSES: Objections and answers to objections should be filed in 
Docket DOT-OST-2010-0156 and addressed to Docket Operations, (M-30, 
Room W12-140), U.S. Department of Transportation, 1200 New Jersey 
Avenue, SE., Washington, DC 20590, and should be served upon the 
parties listed in Attachment A to the order.

FOR FURTHER INFORMATION CONTACT: Catherine O'Toole, Air Carrier Fitness 
Division (X-56, Room W86-489), U.S. Department of Transportation, 1200 
New Jersey Avenue, SE., Washington, DC 20590, (202) 366-9721.

    Dated: November 5, 2010.
Susan L. Kurland,
Assistant Secretary for Aviation and International Affairs.
[FR Doc. 2010-28618 Filed 11-12-10; 8:45 am]
BILLING CODE P
[Federal Register Volume 75, Number 223 (Friday, November 19, 2010)]
[Notices]
[Pages 70932-70933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29280]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0001]


Joint Meeting of the Anesthetic and Life Support Drugs Advisory 
Committee and the Drug Safety and Risk Management Advisory Committee; 
Cancellation

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Joint Meeting of the Anesthetic and Life Support Drugs 
Advisory Committee and the Drug Safety and Risk Management Advisory 
Committee scheduled for December 2, 2010, is cancelled. This meeting 
was announced in the Federal Register of November 1, 2010 (75 FR 
67093). This meeting has been cancelled because the Agency believes the 
information received from previous advisory committee meetings is 
adequate to allow the Agency to address the specific concerns in the 
application that were delineated in the Federal Register notice of 
November 1, 2010.

FOR FURTHER INFORMATION CONTACT: Kalyani Bhatt, Center for Drug 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 31, rm. 2417,

[[Page 70933]]

Silver Spring, MD 20993-0002, 301-796-9001, FAX: 301-847-8533, e-mail: 
<a href="/cdn-cgi/l/email-protection#a8c3c9c4d1c9c6c186cac0c9dcdce8ceccc986c0c0db86cfc7de"><span class="__cf_email__" data-cfemail="d5beb4b9acb4bbbcfbb7bdb4a1a195b3b1b4fbbdbda6fbb2baa3">[email protected]</span></a>, or FDA Advisory Committee Information Line, 
1-800-741-8138 (301-443-0572 in the Washington, DC area), codes 
3014512529 or 3014512535. Please call the Information Line for up-to-
date information on this meeting.

    Dated: November 15, 2010.
Joanne Less,
Acting Associate Commissioner for Special Medical Programs.
[FR Doc. 2010-29280 Filed 11-18-10; 8:45 am]
BILLING CODE 4160-01-P


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