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

No. 19

- 50094 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v. SANTOS ALONSO

- MARTINEZ , Defendant

- Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 2:18

- CR

- 93

- 1

Before CLEMENT, ELROD, and OLDHAM, Circuit Judges. PER CURIAM: * Santos Alonso

- Martinez appeals the 48

- month above

- guidelines sentence and three

- year term of supervised release imposed following his guilty plea conviction for illegal reentry into the United States. He argues that the enhancement of his sentence pursuan t to 8 U.S.C. § 1326(b)(1), which increased the maximum term of imprisonment to ten years of imprisonment, is unconstitutional because of the treatment of the provision as a sentencing

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set f orth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED August 29, 2019

Lyle W. Cayce Clerk Case: 19-50094 Document: 00515097055 Page: 1 Date Filed: 08/29/2019No. 19

- 50094

2 factor rather than as an element of a separate offense that must be pro ved to a jury beyond a reasonable doubt. He concedes that the issue whether a sentencing enhancement under § 1326(b) must be alleged in the indictment and proved to a jury is foreclosed by Almendarez

- Torres v. United States , 523 U.S. 224 (1998). However, he seeks to preserve the issue for possible Supreme Court review because, he argues, subsequent Supreme Court decisions indicate that the Court may reconsider this issue. In Almendarez

- Torres , 523 U.S. at 239

- 47, 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. 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. Pineda

- Arrellano , 492 F.3d 624, 625

- 26 (5th Cir. 2007) (considering the effect of Apprendi v. New Jersey , 530 U.S. 466 (2000)). Thus, Alonso

- Martinez’s argument is foreclosed. Accordingly, 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 judgment of th e district court is AFFIRMED. Case: 19-50094 Document: 00515097055 Page: 2 Date Filed: 08/29/2019
exv10w4






Exhibit 10.4




Amendment No. 1 to Loan Agreement




          This Amendment No. 1 to Loan Agreement, dated as of May 6, 2009 (this “Amendment”), is made
between Citigroup Global Markets Inc. (“Smith Barney” or “SB”) and the undersigned, Move, Inc.
(“Client”).




          Whereas, SB and Client have entered into that certain Loan Agreement dated as of May 8, 2008
(the “Loan Agreement”); capitalized terms used herein but not defined herein have the meaning given
to them in the Loan Agreement;




          Whereas, SB and Client desire to amend the Loan Agreement to extend the Maturity Date to
May 21, 2009;




          Now, therefore, SB and Client, for good and valuable consideration, the receipt of which is
hereby acknowledged, hereby agree as follows:





	 	1.	 	Amendment to Loan Agreement. The Loan Agreement is hereby amended as
follows:






	 	a.	 	Section 3 of the Loan Agreement is hereby amended and restated in its
entirety as follows:






“3.) Repayment. The Client agrees to pay on May 21, 2009 (“Maturity Date”)
any balance outstanding with respect to all Advances, including any accrued
interest and fees, as well as any costs of collection and reasonable attorneys’
fees and costs. The total amount owed by the Client described in the preceding
sentence is hereafter referred to in this Agreement as the “Loan Obligation”. The
Client may prepay the Loan Obligation in whole or in part without penalty at any
time prior to the Maturity Date.




	 	2.	 	No Other Amendment. Except as amended by Section 1 above, the Loan Agreement
remains in full force and effect.
	 
	 	3.	 	Governing Law. This Amendment will be governed by, and construed in
accordance with, the laws of the State of New York, without regard to the conflict of laws
rules of such State.
	 
	 	4.	 	Counterparts. This Amendment may be executed in any number of counterparts
and by different parties hereto on separate counterparts, each of which, when so executed
and delivered, shall be an original, but all such counterparts shall constitute one and
the same instrument.





     In witness whereof, the undersigned have executed this Amendment as of the date first
above-written.



	 	 	 	 	 	 	 	 	 
	MOVE, INC.	 	 	 	CITIGROUP GLOBAL MARKETS INC.
	 
	 	 	 	 	 	 	 	 
	By:

	 	/s/ Lewis R. Belote, III
	 	 	 	By:
	 	/s/ Richard A. Gemberling
	Name:

	 	 

Lewis R. Belote, III
	 	 	 	Name:
	 	 
 Richard
A. Gemberling
	Title:

	 	Chief Financial Officer
	 	 	 	Title:
	 	Managing Director
# L_2014016EN.01000701.xml

| 21.1.2014 | EN | Official Journal of the European Union | L 16/7 |
| --- | --- | --- | --- |

21.1.2014

EN

Official Journal of the European Union

L 16/7

---

COMMISSION IMPLEMENTING REGULATION (EU) No 48/2014

of 13 January 2014

entering a name in the register of protected designations of origin and protected geographical indications [Châtaigne d'Ardèche (PDO)]

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:

| (1) | Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, France’s application to register the name ‘Châtaigne d'Ardèche’ was published in the Official Journal of the European Union (2). |
| --- | --- |

(1)

Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, France’s application to register the name ‘Châtaigne d'Ardèche’ was published in the Official Journal of the European Union (2).

| (2) | As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Châtaigne d'Ardèche’ should therefore be entered in the register, |
| --- | --- |

(2)

As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Châtaigne d'Ardèche’ should therefore be entered in the register,

HAS ADOPTED THIS REGULATION:

Article 1

The name contained in the Annex to this Regulation is hereby entered in the register.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 13 January 2014.

For the Commission, On behalf of the President,

Dacian CIOLOȘ

Member of the Commission

---

(1)  
  OJ L 343, 14.12.2012, p. 1.

1

(2)  
  OJ C 235, 14.8.2013, p. 13.

2

---

ANNEX

Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.6.   Fruit, vegetables and cereals, fresh or processed

FRANCE

Châtaigne d’Ardèche (PDO)

---
**Exhibit 32.2**

 

**CERTIFICATION**

 

Pursuant to 18 U.S.C. § 1350, the undersignedofficer of Logan County BancShares, Inc. (the “Company”), hereby certifies, tosuch officer’s knowledge, that the Company’s Quarterly Report on Form 10-Q forthe quarter ended March 31, 2005 (the “Report”) fully complies with therequirements of Section 13(a) or 15(d), as applicable, of the SecuritiesExchange Act of 1934 and that the information contained in the Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Company.

 

 
| Date: May  13, 2005 | /s/ Mark  Mareske |                                              |
|---------------------|-------------------|---------------------------------------------------|
|                | Name:             | Mark Mareske                                      |
|                | Title:            | Vice President and Chief Financial  Officer  |
|                     |                   |                                                   |  |

 

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

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                         783,554
<SECURITIES>                                         0
<RECEIVABLES>                                    6,716
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                      10,439,091
<DEPRECIATION>                             (5,033,814)
<TOTAL-ASSETS>                               6,395,474
<CURRENT-LIABILITIES>                                0
<BONDS>                                      5,991,809
<COMMON>                                             0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 6,395,474
<SALES>                                      1,687,006
<TOTAL-REVENUES>                             1,710,720
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             1,356,010
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             436,708
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (81,998)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (81,998)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
# 46.308 Cost-reimbursement research and development contracts.

The *contracting officer**shall* insert the clause at 52.246-8, *Inspection* of Research and Development-Cost-Reimbursement, in *solicitations* and contracts for research and development when (a) the primary objective of the contract is the delivery of end items other than designs, drawings, or reports, and (b)a cost-reimbursement contract is contemplated; unless use of the clause is impractical and the clause prescribed in 46.309 is considered to be more appropriate. If it is contemplated that the contract will be on a no-fee basis, the *contracting officer**shall* use the clause with its AlternateI.

**Parent topic:**Subpart 46.3 - Contract Clauses
#### §§ 767.156-767.200 [Reserved]
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute of Allergy and Infectious Diseases Special Emphasis Panel. A Tolerance Approach to Xenotransplantation.                    

*Date:*                         January 20, 2011.                    

*Time:*                         12 p.m. to 3 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         National Institutes of Health, 6700B Rockledge Drive, Bethesda, MD 20817.                    

*Contact Person:*                         Quirijn Vos, PhD, Scientific Review Officer, Scientific Review Program, Division of Extramural Activities, NIH/NIAID/DHHS, 6700B Rockledge Drive, MSC 7616, Bethesda, MD 20892. 301-451-2666.                         *qvos@niaid.nih.gov.*

(Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS)

Dated: December 2, 2010.

Jennifer S. Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 2010-30811 Filed 12-7-10; 8:45 am]

BILLING CODE 4140-01-P
Order entered December 22, 2020 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-19-01262-CR 

LUIS CASTILLO-CORONADO, Appellant 

V. 

THE STATE OF TEXAS, Appellee 

On Appeal from the 265th Judicial District Court 

Dallas County, Texas 

Trial Court Cause No. F17-71315-R 

ORDER 

Based on the Court’s opinion of this date, we ORDER the Dallas County 

District Clerk to delete the $250 DNA fee assessed in appellant’s “Cost Bill.” See 

In re Daniel, 396 S.W.3d 545, 549 (Tex. Crim. App. 2013) (ordering county 

district clerk to delete inappropriate assessment of costs). 

/s/ DAVID EVANS 

 JUSTICE
Exhibit 32.1
    1.
    
    The Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934, as amended; and2.
    
    The information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Registrant.
 /s/ Jane H. Hollingsworth
    
    /s/ Keith A. GoldanJane H. Hollingsworth
    
    Keith A GoldanChief Executive Officer
    
    Vice President and Chief Financial OfficerDate: March 18, 2011
    
    Date: March 18, 2011
<page>
                                                           Exhibit 32.1

                         NORDSTROM CREDIT, INC.

                            13531 EAST CALEY

                       CENTENNIAL, COLORADO 80111

                    CERTIFICATION OF CHIEF EXECUTIVE
              OFFICER REGARDING PERIODIC REPORT CONTAINING
                          FINANCIAL STATEMENTS

I, Kevin T. Knight, the President of Nordstrom Credit, Inc. (the
"Company") in compliance with 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, hereby
certify that the Company's Quarterly Report on Form 10-Q for the period
ended October 31, 2003 (the "Report") filed with the Securities and
Exchange Commission:

     - fully complies with the requirements of Section 13(a) of the
       Securities Exchange Act of 1934; and

     - the information contained in the Report fairly presents, in all
       material respects, the financial condition and results of
       operations of the Company.



                                                /s/ Kevin T. Knight
                                                ----------------------
                                                Kevin T. Knight
                                                President
                                                December 8, 2003

A signed original of this written statement required by Section 906 has
been provided to Nordstrom Credit, Inc. and will be retained by
Nordstrom Credit, Inc. and furnished to the Securities and Exchange
Commission or its staff upon request.
# C_2014135EN.01000201.xml

| 5.5.2014 | EN | Official Journal of the European Union | C 135/2 |
| --- | --- | --- | --- |

5.5.2014

EN

Official Journal of the European Union

C 135/2

---

DECISION OF THE COURT OF JUSTICE

of 25 March 2014

concerning the official holidays and the judicial vacations

2014/C 135/02

THE COURT

having regard to Article 24(2), (4) and (6) of the Rules of Procedure,

considering that it is appropriate, by application of that provision, to establish a list of official holidays and set the dates of the judicial vacations,

ADOPTS THE PRESENT DECISION:

Article 1

The list of official holidays within the meaning of Article 24(4) and (6) of the Rules of Procedure is established as follows:

| — | New Year’s Day, |
| --- | --- |

—

New Year’s Day,

| — | Easter Monday, |
| --- | --- |

—

Easter Monday,

| — | 1 May, |
| --- | --- |

—

1 May,

| — | Ascension, |
| --- | --- |

—

Ascension,

| — | Whit Monday, |
| --- | --- |

—

Whit Monday,

| — | 23 June, |
| --- | --- |

—

23 June,

| — | 15 August, |
| --- | --- |

—

15 August,

| — | 1 November, |
| --- | --- |

—

1 November,

| — | 25 December, |
| --- | --- |

—

25 December,

| — | 26 December. |
| --- | --- |

—

26 December.

Article 2

For the period from 1 November 2014 to 31 October 2015, the dates of the judicial vacations, within the meaning of Article 24(2) and (6) of the Rules of Procedure, shall be as follows:

| — | Christmas 2014: from Monday, 15 December 2014 to Sunday, 4 January 2015 inclusive, |
| --- | --- |

—

Christmas 2014: from Monday, 15 December 2014 to Sunday, 4 January 2015 inclusive,

| — | Easter 2015: from Monday, 30 March 2015 to Sunday, 12 April 2015 inclusive, |
| --- | --- |

—

Easter 2015: from Monday, 30 March 2015 to Sunday, 12 April 2015 inclusive,

| — | Summer 2015: from Friday, 17 July 2015 to Sunday, 30 August 2015 inclusive. |
| --- | --- |

—

Summer 2015: from Friday, 17 July 2015 to Sunday, 30 August 2015 inclusive.

Article 3

This decision shall enter into force on the date of its publication in the Official Journal of the European Union.

Official Journal of the European Union

Luxembourg, 25 March 2014.

A. CALOT ESCOBAR

Registrar

V. SKOURIS

President

---
Case 2:06-cv-00626-WHA-DRB Document 7 Filed 08/14/2006 Page 1 of 4
Case 2:06-cv-00626-WHA-DRB Document 7 Filed 08/14/2006 Page 2 of 4
Case 2:06-cv-00626-WHA-DRB Document 7 Filed 08/14/2006 Page 3 of 4
Case 2:06-cv-00626-WHA-DRB Document 7 Filed 08/14/2006 Page 4 of 4
Case 3:06-cv-00631-MHT-VPM Document 5 Filed 09/15/2006 Page 1 of 4
Case 3:06-cv-00631-MHT-VPM Document 5 Filed 09/15/2006 Page 2 of 4
Case 3:06-cv-00631-MHT-VPM Document 5 Filed 09/15/2006 Page 3 of 4
Case 3:06-cv-00631-MHT-VPM Document 5 Filed 09/15/2006 Page 4 of 4
§ 718.303 Reliance on incorrect actions or information. ( a ) Notwithstanding any other law, if an action or inaction by a participant is based upon good faith reliance on the action or advice of an authorized representative of an FSA county or State committee, and that action or inaction results in the participant's noncompliance with the requirements of a covered program that is to the detriment of the participant, then that action or inaction still may be approved by the Deputy Administrator as meeting the requirements of the covered program, and benefits may be extended or payments made in as specified in § 718.305.
( b ) This section applies only to a participant who: ( 1 ) Relied in good faith upon the action of, or information provided by, an FSA county or State committee or an authorized representative of such committee regarding a covered program;
( 2 ) Acted, or failed to act, as a result of the FSA action or information; and
( 3 ) Was determined to be not in compliance with the requirements of that covered program.
( c ) This section does not apply to cases where the participant had sufficient reason to know that the action or information upon which they relied was improper or erroneous or where the participant acted in reliance on their own misunderstanding or misinterpretation of program provisions, notices or information.
[80 FR 41998, July 16, 2015]
Exhibit 10.41





Exhibit 10.41




CONFIRMATION OF NOTICE OF TERMINATION

OF

CONSULTING AGREEMENT 

WITH HAROLD D. CARTER




Brigham Oil & Gas, L.P. (the “Company”) and Harold D. Carter (“Consultant”), by their signatures
below, do hereby acknowledge and confirm that Consultant terminated that certain Consulting
Agreement dated May 1, 1997, as amended from time to time, by and between the Company and
Consultant (the “Consulting Agreement”) effective as of January 1, 2009 and, as a result, the
Consulting Agreement is of no further force or effect as of said date.



	 	 	 
	COMPANY:	 	CONSULTANT:
	 	 	 
	BRIGHAM OIL & GAS, L.P.

By:  Brigham, Inc.

Its: Managing General Partner
	 	 
	 	 	 
	By: /s/ David T. Brigham

	 	By: /s/ Harold D. Carter
	 

	 	 
	David T. Brigham

	 	Harold D. Carter
	Executive Vice President
(April 7, 1970)

#### The People of the State of New York, Respondent, v. Jimmy Smith, True Name James Smith, Appellant.

Judgment unanimously affirmed. The appeal is based on contentions outside the record. As such, it would properly be the subject of an application for a writ of error *eoram nobis.*We have so considered it and find no ground for relief. Concur —- Capozzoli, J. P., McGivern, Markewich, Nunez and Steuer, JJ.
EXHIBIT 23


            CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
            --------------------------------------------------------



The Board of Directors
Quipp, Inc.:
We consent to the incorporation by reference in the registration statements on
Form S-8 (Registration Nos. 333-06355 and 333-75085) of Quipp, Inc. and
subsidiary of our report dated March 28, 2005, with respect to the consolidated
balance sheets of Quipp, Inc. and subsidiary as of December 31, 2004 and 2003,
and the related consolidated statements of operations, shareholders' equity, and
cash flows for each of the years in the three-year period ended December 31,
2004, which appears in the Form 10K of Quipp, Inc. dated March 29, 2005.






KPMG LLP

Ft. Lauderdale, Florida
March 28, 2005
-----------------
#### § 70.55 Check grading officially identified product.

Officially identified poultry or rabbit products may be subject to final check grading prior to their shipment. Such product found not to be in compliance with the assigned official grade shall be placed under a retention tag until it is regraded to comply with the grade assigned or until the official identification is removed.