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that this opinion should not be published and is not precedent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

July 13, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-51277

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOSE CONTRERAS-PONCE, also

known as Jose Luis Luna,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. 3:05-CR-545

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

Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Jose ContrerasPonce raises arguments that are foreclosed by Almendarez-Torres

v. United States, 523 U.S. 224, 235 (1998), which held that 8

U.S.C. § 1326(b)(2) is a penalty provision and not a separate

criminal offense. The Government’s motion for summary affirmance

is GRANTED, and the judgment of the district court is AFFIRMED.
Page 1 of 2

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

CURTIS ALEXANDER MOHAMMED,

Plaintiff,

v.

CASE NO. 5:19cv399-MCR-MJF

JASON HIMEBAUGH,

Defendant.

/

O R D E R

This cause comes on for consideration of the Magistrate Judge’s Report and 

Recommendation dated January 3, 2020. ECF No. 5. Plaintiff was furnished a copy 

of the Report and Recommendation and was afforded an opportunity to file 

objections pursuant to Title 28, United States Code, Section 636(b)(1). After 

reviewing any timely objections to the Recommendation, the Court has determined 

that the Report and Recommendation should be adopted.

Accordingly, it is now ORDERED as follows:

1. The Magistrate Judge’s Report and Recommendation, ECF No. 5, is 

ADOPTED and incorporated by reference in this Order.

2. This case is DISMISSED WITHOUT PREJUDICE for Plaintiff’s failure 

to comply with court orders.
Page 2 of 2

3. The Clerk of Court is directed to enter judgment accordingly and close this 

case.

DONE AND ORDERED this 31st day of January 2020.

 s/ M. Casey Rodgers

M. CASEY RODGERS

UNITED STATES DISTRICT JUDGE
## NUMBER 13 - 2 4 - 0 0226 - CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI

– EDINBURG

IN THE INTEREST OF D.L.V.G

. , A CHILD

ON A PPEAL FROM THE 105TH DISTRICT COURT OF NUECES COUNTY, TEXAS



## MEMORANDUM OPINION
Before Chief Justice Contreras and Justices Tijerina and Peña Memorandum Opinion by Justice Peña Appellant filed a notice of appeal on May 2, 2024

. On May 6, 2024 , the C lerk of the Court notified appellant that the notice of appeal was defective and did not comply with Texas Rules of Appellate Procedure 9.1(b), 9. 5 , and 25.1

. See T EX

. R. A PP

. P. 9.1 (b) , 9.5, and 25. 1 (d)

. On May 30 , 2024, t hat notice was returned to the Court and marked “return
to sender,” “unclaimed,” and “unable to forward.” On May 23 , 2024 , t he Clerk of this Court notified appellant that a filing fee was past due

. On June 28 , 2024, that notice was returned to the Court and marked “ return to sender , ” “ unclaimed , ” and “unable to forward.”2 Finally, on June 3, 2024, the Clerk of the Court again sent appellant notice of the defective notice of appeal. On July 19, 2024, the notice was returned to the Court and marked “return to sender,” “unclaimed,” and “unable to forward.” Texas Rule of Appellate Procedure 9.1(b) requires unrepresented parties to sign any document filed and "give the party's mailing address, telephone number, fax number, if any , and email address ." See id. R

. 9.1(b). The clerk ’ s office does not have a telephone number for Appellant , and the district clerk did not have any additional contact information for the appellant

. Furthermore , Texas R ule of Appellate Procedure 42.3 permits an appellate court, on its own initiative after giving ten days ’ notice to all parties, to dismiss the appeal for want of prosecution or for failure to comply with a requirement of the appellate rules. See id. R

. 42.3(b), (c). Accordingly, w e dismiss the appeal for want of prosecution. See id. R

. 42.3. L. ARON PEÑA JR. Justice Delivered and filed on the 1st day of August , 202 4

.
#### The People of the State of New York, Respondent, v Melvin Carter, Appellant.

Judgment unanimously affirmed. Under the circumstances the issue of ineffective assistance of counsel should properly be raised in a motion to vacate the judgment pursuant to CPL 440.10 (see *People*v *Crump,*74 AD2d 719). (Appeal from judgment of Erie County Court —burglary, third degree and another charge.) Present—Hancock, Jr., J. P., Schnepp, Callahan, Doerr and Witmer, JJ.
Exhibit 10(A)



 





Exhibit No. 10(A)




THIRD AMENDMENT TO THE PROGRESSIVE CORPORATION

EXECUTIVE DEFERRED COMPENSATION PLAN

(2003 Amendment and Restatement)




               WHEREAS, The Progressive Corporation Executive Deferred Compensation Plan is currently
maintained pursuant to a 2003 Amendment and Restatement and the First and Second Amendments thereto
(“Plan”); and



               WHEREAS, it is deemed desirable to amend the Plan further;




               NOW, THEREFORE, the Plan is hereby amended in the respects hereinafter set forth:




	1.  	Effective March 17, 2005, Section 4.2 of the Plan is hereby amended and restated in its
entirety to provide as follows:





                        “4.2 Investment of Accounts.



All credits to a Deferral Account of a Participant shall be deemed to be invested in
such Investment Fund or Funds as the Participant shall elect from time to time in
accordance with Article 5. The number of shares of Stock to be credited to a
Participant’s Account by virtue of a Participant’s initial election to invest a
portion of a Deferral in the Company Stock Fund shall be determined on the date of
the Deferral in accordance with such procedures as the Committee shall establish,
based on the weighted average price paid for all shares of Stock purchased by the
Trustee and deposited in the Trust on that date pursuant to Article 6.
Notwithstanding the preceding provisions of this Section 4.2, (i) all credits to a
Deferral Account of a Participant relating to a deferred Restricted Stock Award
granted prior to March 17, 2005, shall be deemed to be invested in the Company Stock
Fund until six (6) months and one (1) day following the expiration of the
restrictions applicable to such Award, unless otherwise determined by the Committee
at or after the deferral of such Award, and, thereafter, the preceding provisions of
this Section 4.2 shall apply, and (ii) all credits to a Deferral Account of a
Participant relating to a deferred Restricted Stock Award granted on or after March
17, 2005, shall be deemed to be invested in the Company Stock Fund until the balance
of such Deferral Account has been distributed or withdrawn in accordance with
Article 3.”




	2.  	Effective March 17, 2005, the following is hereby added to the end of Section 5.4 of the
Plan:





“Notwithstanding the preceding provisions of this Section 5.4, each Deferral of a
Restricted Stock Award granted on or after March 17, 2005 shall be deemed to be
invested in the Company Stock Fund until the Deferral Account to which such Deferral
has been credited has been distributed or withdrawn in accordance with Article 3 of
this Plan.”




	3.  	Except as expressly provided in this Amendment, the terms and provisions of the Plan shall
remain entirely unchanged and continue in full force and effect.





               IN WITNESS WHEREOF, the undersigned has hereunto caused this Amendment to be executed by its
duly authorized representative effective as of the date set forth above.


	 	 	 	 	 
	 	THE PROGRESSIVE CORPORATION

 	 
	 	By:  	/s/ Charles E. Jarrett
 	 
	 	 	 	 
	 	Title: 	Vice President & Secretary
[Federal Register Volume 75, Number 226 (Wednesday, November 24, 2010)]
[Notices]
[Page 71670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29639]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE


Office of Innovation and Entrepreneurship; the National Advisory 
Council on Innovation and Entrepreneurship: Meeting of the National 
Advisory Council on Innovation and Entrepreneurship

AGENCY: Office of Innovation and Entrepreneurship, U.S. Department of 
Commerce.

ACTION: Notice of an open meeting.

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

SUMMARY: The National Advisory Committee on Innovation and 
Entrepreneurship will hold a meeting on Wednesday, December 8, 2010. 
The meeting will be conducted from 9 a.m. to 12:45 p.m. and will be 
opened to the public. The Council was chartered on November 10, 2009, 
to advise the Secretary of Commerce on matters relating to innovation 
and entrepreneurship in the United States.

DATES: December 8, 2010.
    Time: 9 a.m.-12:45 p.m. (EST).

ADDRESSES: This program will be conducted and available to the public 
via a listen in conference number, 888-942-9574, and passcode, 6315042. 
Please specify any requests for reasonable accommodation of auxiliary 
aids at least five business days in advance of the meeting. Last minute 
requests will be accepted, but may be impossible to fill.

SUPPLEMENTARY INFORMATION: Agenda topics to be discussed include: Sub-
committee summaries and briefings by outside experts. No time will be 
available for oral comments from members of the public listening to the 
meeting. Any member of the public may submit pertinent written comments 
concerning the Council's affairs at any time before and after the 
meeting. Comments may be submitted to Paul Corson at the contact 
information indicated below.
    Copies of Board meeting minutes will be available within 90 days of 
the meeting.

FOR FURTHER INFORMATION CONTACT: Paul J. Corson, Office of Innovation 
and Entrepreneurship, Room 7019, 1401 Constitution Avenue, NW., 
Washington, DC, 20230, telephone: 202-482-2042, e-mail: 
<a href="/cdn-cgi/l/email-protection#d4a4b7bba6a7bbba94b1b0b5fab0bbb7fab3bba2"><span class="__cf_email__" data-cfemail="ee9e8d819c9d8180ae8b8a8fc08a818dc0898198">[email protected]</span></a>. Please reference, ``NACIE December 8, 2010'' in 
the subject line of your e-mail.

    Dated: November 19, 2010.
Paul J. Corson,
Acting Director, Office of Innovation and Entrepreneurship, U.S. 
Department of Commerce.
[FR Doc. 2010-29639 Filed 11-23-10; 8:45 am]
BILLING CODE 3510-03-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
#### § 319.24-5 Condition of entry.

The corn shall not be removed from the port of entry, nor shall any bag or other container thereof be broken or opened, except for the purpose of sterilization, until a written notice is given to the United States Collector of Customs, or, in the case of Guam, the Customs officer of the Government of Guam, by an inspector of the Plant Protection and Quarantine Programs, that the corn has been properly sterilized and released for entry without further restrictions so far as the jurisdiction of the Department of Agriculture extends thereto. All apparatus and methods for accomplishing such sterilization must be satisfactory to the Plant Protection and Quarantine Programs. Corn will be delivered to the permittee for sterilization, upon the filing with the appropriate customs official of a bond in the amount of $5,000, or in an amount equal to the invoice value of the corn if such value is less than $5,000, with approved sureties, and conditioned upon sterilization of the corn under the supervision and the satisfaction of an inspector of the Plant Protection and Quarantine Programs; and upon the redelivery of the corn to said customs official within 40 days from the arrival of the corn at the port of entry.
§ 319.56-1 Notice of quarantine. ( a ) Under section 412(a) of the Plant Protection Act, the Secretary of Agriculture may prohibit or restrict the importation and entry of any plant or plant product if the Secretary determines that the prohibition or restriction is necessary to prevent the introduction into the United States or the dissemination within the United States of a plant pest or noxious weed.
( b ) The Secretary has determined that it is necessary to prohibit the importation into the United States of fruits and vegetables and associated plants and portions of plants except as provided in this part.
#### § 3430.1107 Program requirements.

The term of a grant under this subpart may not exceed 5 years. No-cost extensions of time beyond the maximum award terms will not be considered or granted.
EXHIBIT 23.a.

              CONSENT OF INDEPENDENT AUDITORS


     We  hereby consent to the incorporation by reference in
the  Registration  Statements Nos. 333-76616, 333-65013  and
333-6103  each  on  Form  S-8 and to Registration  Statement
No. 333-45218 on  Form  S-3, and in  the  Annual  Report  on
Form   10-KSB  of Igene  Biotechnology, Inc.  for  the  year
ended  December 31,  2004 of our  report  dated   March  25,
2005,    relating    to    the     consolidated    financial
statements  of  Igene Biotechnology, Inc.

                                 /s/ BERENSON LLP
                                 __________________________
                                     BERENSON LLP


Baltimore, Maryland
October 03, 2005
**EXHIBIT32.2**

 

**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 theQuarterly Report on Form 10-Q of 155 East Tropicana, LLC, a Nevadalimited-liability company and 155 East Tropicana Finance Corp., a Nevadacorporation (collectively, the “Company”) for the three months ended March 31,2006, as filed with the Securities and Exchange Commission on the date hereof(the “Report”), Neil G. Kiefer, as President and Chief Executive Officer of theCompany, hereby certifies, pursuant to 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

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

 

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

 

 
| /s/  Neil G. Kiefer                                                  |   |
|----------------------------------------------------------------------|--------|
|                                                                 |
| Neil G. Kiefer,  President and Chief Executive Officer  May 15, 2006 |

 

 

The foregoing certificationsare being furnished solely pursuant to 18 U.S.C. § 1350 and are not being filedas part of the Report or as a separate disclosure document.

 

1

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```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2228 Introduced in Senate (IS)]

109th CONGRESS
  2d Session
                                S. 2228

 To designate the facility of the United States Postal Service located 
 at 2404 Race Street, Jonesboro, Arkansas, as the ``Hattie W. Caraway 
                             Post Office''.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 31, 2006

Mrs. Lincoln (for herself and Mr. Pryor) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL

 
 To designate the facility of the United States Postal Service located 
 at 2404 Race Street, Jonesboro, Arkansas, as the ``Hattie W. Caraway 
                             Post Office''.

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

SECTION 1. HATTIE W. CARAWAY POST OFFICE.

    (a) Designation.--The facility of the United States Postal Service 
located at 2404 Race Street, Jonesboro, Arkansas, shall be known and 
designated as the ``Hattie W. Caraway Post Office''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Hattie W. 
Caraway Post Office''.
                                 <all>
```
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM (A) THE
BALANCE SHEETS AND STATEMENTS OF OPERATIONS AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH (B) 10-KSB FOR THE TWELVE MONTHS ENDED JANUARY 31, 1998.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JAN-31-1998
<PERIOD-START>                             FEB-01-1998
<PERIOD-END>                               JAN-31-1998
<CASH>                                          75,020
<SECURITIES>                                         0
<RECEIVABLES>                                  394,862
<ALLOWANCES>                                   225,000
<INVENTORY>                                  1,110,809
<CURRENT-ASSETS>                             1,355,691
<PP&E>                                         154,378
<DEPRECIATION>                                 104,008
<TOTAL-ASSETS>                               1,409,267
<CURRENT-LIABILITIES>                        1,311,366
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                    350,000
<COMMON>                                        45,692
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 1,409,267
<SALES>                                        732,388
<TOTAL-REVENUES>                               732,388
<CGS>                                          758,631
<TOTAL-COSTS>                                  758,631
<OTHER-EXPENSES>                             2,407,507
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               5,142
<INCOME-PRETAX>                            (2,438,892)
<INCOME-TAX>                                     1,800
<INCOME-CONTINUING>                        (2,440,692)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (2,440,692)
<EPS-PRIMARY>                                   (1.34)<F1>
<EPS-DILUTED>                                   (1.34)
<FN>
<F1>The net loss per share has been restated to retroactively effect a reverse
stock split in the ratio of one share for ten shares.
</FN>
        

</TABLE>
Exhibit 32.1

             CERTIFICATION OF PRINCIPAL EXECUTIVE, ACCOUNTING AND
             FINANCIAL OFFICER PURSUANT TO 18 U.S.C. SECTION 1350


In connection with the Annual Report of Western Gaming Corporation (the
"Company") on Form 10-K for the period ended June 30, 2003, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I Frank
DeRenzo, President of the Company, hereby certify pursuant to 18 U.S.C. ss.
1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that:

    (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/Frank DeRenzo
-------------------
Frank DeRenzo
President/Director
December 8, 2003
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS OF EDISON CONTROL CORPORATION AS OF AND FOR
THE NINE MONTHS ENDED SEPTEMBER 30, 1996 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED> 
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-30-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                         962,451
<SECURITIES>                                 5,359,443
<RECEIVABLES>                                3,272,739
<ALLOWANCES>                                   301,113
<INVENTORY>                                  6,075,555
<CURRENT-ASSETS>                            17,392,759
<PP&E>                                       6,975,138
<DEPRECIATION>                                 870,499
<TOTAL-ASSETS>                              35,142,066
<CURRENT-LIABILITIES>                        4,182,600
<BONDS>                                     17,650,169
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        22,509
<OTHER-SE>                                  12,830,788
<TOTAL-LIABILITY-AND-EQUITY>                35,142,066
<SALES>                                      6,842,402
<TOTAL-REVENUES>                             6,842,402
<CGS>                                        5,109,958
<TOTAL-COSTS>                                6,923,853
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                 3,833
<INTEREST-EXPENSE>                             541,898
<INCOME-PRETAX>                              (696,722)
<INCOME-TAX>                                 (286,635)
<INCOME-CONTINUING>                          (410,087)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (410,087)
<EPS-PRIMARY>                                    (.19)
<EPS-DILUTED>                                    (.19)
        

</TABLE>