alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-51075 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus FELIPE TOVAR-RODRIGUEZ, also known as Phillip Tovar, also known as Phillip Rodriguez, also known as Humberto Romo Lopez, also known as Felipe Castillo, also known as Jose Perez-Johnson, also known as Armando Hernandez, also known as Ricardo Uribe, also known as Ricardo Garcia Hernandez, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. SA-01-CR-358-ALL

-------------------- June 19, 2002 Before HIGGINBOTHAM, DAVIS, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM: * Felipe Tovar-Rodriguez appeals the sentence imposed following his guilty plea conviction of being found in the United States after deportation in violation of 8 U.S.C. § 1326. He contends that the sentence is invalid because it exceeds the two-year maximum term of imprisonment prescribed in 8 U.S.C. § 1326(a). Tovar-Rodriguez complains that his sentence was improperly enhanced pursuant to 8 U.S.C. § 1326(b)(2) based onNo. 01-51075 -2- his prior deportation following an aggravated felony conviction. He argues that the sentencing provision violates the Due Process Clause. Alternatively, Tovar-Rodriguez contends that 8 U.S.C. § 1326(a) and 8 U.S.C. § 1326(b)(2) define separate offenses. He argues that the aggravated felony conviction that resulted in his increased sentence was an element of the offense under 8 U.S.C. § 1326(b)(2) that should have been alleged in his indictment.
In Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998), the Supreme Court held that the enhanced penalties in 8 U.S.C. § 1326(b) are sentencing provisions, not elements of separate offenses. The Court further held that the sentencing provisions do not violate the Due Process Clause. Id. at 239-47. Tovar-Rodriguez acknowledges that his arguments are foreclosed by Almendarez-Torres , but asserts that the decision has been cast into doubt by Apprendi v. New Jersey , 530 U.S. 466, 490 (2000). He seeks to preserve his arguments for further review. Apprendi did not overrule Almendarez-Torres

. See Apprendi , 530 U.S. at 489-90; United States v. Dabeit , 231 F.3d 979, 984 (5th Cir. 2000), cert. denied , 531 U.S. 1202 (2001). This court must follow Almendarez-Torres “unless and until the Supreme Court itself determines to overrule it.” Dabeit , 231 F.3d at 984 (internal quotation marks and citation omitted). The judgment of the district court is AFFIRMED. The Government has moved for a summary affirmance in lieu of filing an appellee’s brief. In its motion, the Government asks that the judgment of the district court be affirmed and that an appellee’s brief not be required. The motion is GRANTED.No. 01-51075 -3-
AFFIRMED; MOTION GRANTED.
# SUBCHAPTER H - CLAUSES AND FORMS

- PART 452 - SOLICITATION PROVISIONS AND CONTRACT CLAUSES 
- PART 453 - FORMS 

- PART 452 - SOLICITATION PROVISIONS AND CONTRACT CLAUSES    - Subpart 452.2 - Texts of Provisions and Clauses     - 452.204-70   Inquiries.
    - 452.211-70   Brand Name or Equal.
    - 452.211-71   Equal Products Offered.
    - 452.211-72   Statement of Work/Specifications.
    - 452.211-73   Attachments to Statement of Work/Specifications.
    - 452.211-74   Period of Performance.
    - 452.211-75   Effective Period of the Contract.
    - 452.214-70   Award by Lot.
    - 452.215-71   Instructions for the Preparation of Technical and Business Proposals.
    - 452.215-72   Amendments to Proposals.
    - 452.215-73   Post Award Conference.
    - 452.216-70   Award Fee.
    - 452.216-71   Base Fee and Award Fee Proposal.
    - 452.216-72   Evaluation Quantities - Indefinite-Delivery Contract.
    - 452.216-73   Minimum and Maximum Contract Amounts.
    - 452.216-74   Ceiling Price.
    - 452.216-75   Letter Contract.
    - 452.219-70   Size Standard and NAICS Code Information.
    - 452.224-70   Confidentiality of Information.
    - 452.226-70--452.226-72   [Reserved]
    - 452.228-70   Alternative Forms of Security.
    - 452.228-71   Insurance Coverage.
    - 452.232-70   Reimbursement for Bond Premiums - Fixed-Price Construction Contracts.
    - 452.236-70   Additive or Deductive Items.
    - 452.236-71   Prohibition Against the Use of Lead-Based Paint.
    - 452.236-72   Use of Premises.
    - 452.236-73   Archaeological or Historic Sites.
    - 452.236-74   Control of Erosion, Sedimentation, and Pollution.
    - 452.236-75   Maximum Workweek - Construction Schedule.
    - 452.236-76   Samples and Certificates.
    - 452.236-77   Emergency Response.
    - 452.236-78   Fire Suppression and Liability.
    - 452.236-79   Opted Timber Sale Road Requirements.
    - 452.236-80   Firms Ineligible for Award - Construction.
    - 452.237-70   Loss, Damage, Destruction or Repair.
    - 452.237-71   Pre-Bid/Pre-Proposal Conference.
    - 452.237-73   Equipment Inspection Visit.
    - 452.237-74   Key Personnel.
    - 452.237-75   Restrictions Against Disclosure.
    - 452.237-76   Progress Reporting.
    - 452.237-78   Contracts with Consulting Firms for Services.
    - 452.246-70   Inspection and Acceptance.
    - 452.247-70   Delivery Location.
    - 452.247-71   Marking Deliverables.
    - 452.247-72   Packing for Domestic Shipment.
    - 452.247-73   Packing for Overseas Shipment.
- PART 453 - FORMS    - 453.000   Scope of part.
  - Subpart 453.1 - General     - 453.103   Exceptions.
    - 453.108   Recommendations concerning forms.
  - Subpart 453.2 - Prescription of Forms     - 453.200   Scope of subpart.
    - 453.213   Simplified Acquisition and other simplified purchase procedures (AD-838).
    - 453.270   Request for contract action (AD-700).
  - Subpart 453.3 - Illustrations of Forms     - 453.300   Scope of subpart.
    - 453.303   Agency forms.
    - 453.303-700   Procurement Request (AD-700).
    - 453.303-838   Purchase Order (AD-838).
§ 985.5 Production area. *Production area* means all the area within the States of Washington, Idaho, Oregon, and that portion of Nevada north of the 37th parallel and that portion of Utah west of the 111th meridian. The area shall be divided into the following districts: ( a ) District 1. State of Washington
( b ) District 2. The State of Idaho and that portion of the States of Nevada and Utah included in the production area.
( c ) District 3. The State of Oregon.
[61 FR 32924, June 26, 1996]
#### In the Matter of John H. Terry, Appellant, v. John P. Lomenzo, as Secretary of State of the State of New York, and Clarence Kadys, Respondents.

Order unanimously affirmed, without costs. (Order entered June 16, 1970.) (Appeal from order of Onondaga Special Term dismissing petition under Election Law, art. 14.) Present—Goldman, P. J., Marsh, Witmer, Gabrielli and Moule, JJ.
SUBPART 5.3 –– SYNOPSIS OF CONTRACT

AWARDS

Parent topic: PART 5 –– PUBLICIZING CONTRACT ACTIONS

205.303 Announcement of contract awards.

(a)(i) For contract actions awarded by a DISA contracting officer, regardless of the mission partner,

the contracting officer shall prepare a Public Announcement when the face value of a contractual

action exceeds $7.5M.

(S-90) Required format for a “Public Announcement” is in the DARS PGI 205.303(a)(i)(S-90).

(S-91) Procedures for preparation and routing the Public Announcement is in the DARS PGI

205.303(a)(i)(S-91).
Exhibit 32.2

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

AS ADDED BY

SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report on Form 10-Q of First Community Financial
Corporation, (the Company) for the period ended June 30, 2009, as filed with the Securities and Exchange Commission (the Report), I, Richard R. Leitzel, 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:

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

2. To my knowledge, the information contained in
the Report fairly presents, in all material respects, the financial condition and results of the operations of the Company as of and for the period covered by the Report.



|                      |  |  |  |     |  |                                            
|--------------------- |  |  |  | --- |  | -------------------------------------------
|Date: August 14, 2009 |  |  |  | By: |  | /s/ Richard R. Leitzel                     
|                      |  |  |  |     |  | Richard R. Leitzel, Chief Financial Officer
|                      |  |  |  |     |  | (Principal Financial Officer)              



33
IN THE UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF ALABAMA

SOUTHERN DIVISION

MONTY W. ERVIN and )

PATRICIA D. ERVIN, )

)

Petitioner, )

)

v. ) 1:06-MC-3331-MEF

)

UNITED STATES OF AMERICA, )

and COMMISSIONER OF INTERNAL )

REVENUE SERVICE, )

)

Respondents )

SHOW-CAUSE ORDER

Pursuant to the Order referring this case to the undersigned (Doc. 4, Aug. 24, 2006), for

action or recommendation on all pretrial matters, it is

ORDERED that Respondents – the United States and the Commissioner of Internal Revenue

Service – respond by September 15, 2006, to show any cause why this Petition by taxpayers Monty

W. Ervin and Patricia D. Ervin to Quash 2039 Summon(s), which has been docketed as a Motion to

Quash IRS Summonses (Doc. 1, July 26, 2006) should not be granted. 

Done this 5 day of September, 2006. th

/s/ Delores R. Boyd

DELORES R. BOYD

UNITED STATES MAGISTRATE JUDGE

Case 1:06-mc-03331-MEF-TFM Document 5 Filed 09/05/2006 Page 1 of 1
5229.302 Application of State and local taxes

to the Government.

(b) Ordering officers and disbursing officers may issue the Forms, as may other officials designated

by the contracting officer.

Parent topic: Subpart 5229.3 - STATE AND LOCAL TAXES
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3356 Introduced in Senate (IS)]

109th CONGRESS
  2d Session
                                S. 3356

     To suspend temporarily the duty on 3-Amino-4-Methylbenzamide.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              June 5, 2006

  Mr. Kennedy introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
     To suspend temporarily the duty on 3-Amino-4-Methylbenzamide.

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

SECTION 1. 3-AMINO-4-METHYLBENZAMIDE.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

      

``      9902.31.24        3-Amino-4-              Free      No change       No change       On or before 12/
                           Methylbenzamide (CAS                                              31/2009          ''
                           No. 19406-86-1)                                                                     .
                           (provided for in
                           subheading
                           2924.29.76)..........

    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
### IN THE

TENTH COURT OF APPEALS

No. 10

- 14

- 00 149

- CV

IN RE RICHARD WALLRATH

Original Proceeding

MEMORANDUM OPINION 1

We will grant mandamus relief if there has been an abuse of discretion and the

relator has no adequate remedy at law, such as an appeal. Walker v. Packer, 827 S.W. 2 d

833

, 8 3 9 (Tex. 1992) (orig. proceeding); In re Price, 998 S.W.2d 897, 897 (Tex. App.

— Waco

1999, orig. proceeding); see also In re Johnson, 238 S.W.3d 846, 847 (Tex. App.

— El Paso

2007, orig. proceeding). The relator h as the burden of showing that he has no adequate

remedy available at law. Johnson, 238 S.W.3d at 847 (citing In re Prudential Ins. Co. of

Am., 148 S.W.3d 124, 135

- 36 (Tex. 2004) (orig. proceeding)).

1 The background of this proceeding is well known to the part ies; thus, we do not recite it here in detail.

Because the dispositive issue is settled in law, we issue this memorandum opinion. T EX

. R. A PP

. P. 47.2(a),

47.4.In re Wallrath Page 2

Because we conclude that relator has an adequate remedy at law in the form of

seeking a temporary injunction in the trial court, 2 we deny his petition for writ of

mandamus. 3 O ur stay of the trial court’s April 10, 2014 “Order on Defendants’ Motion

to Dissolve Rule 11 Agreement” is vacated. 4

REX D. DAVIS

Just ice

Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins

(Chief Justice Gray concurs with a note)*

Petition denied

Opi nion delivered and filed August 21, 201 4

[CV06]

*( Chief Justice Gray concurs in the denial of the petition for writ of mandamus

but does not join the Court’s opinion. )

2 The record shows that, in conjunction with the subject Rule 11 agreement, both sides agreed and

understood that relator would seek a hearing on his application for a tempor ary injunction.

3 We express no opinion on whether the trial court abused its discretion.

4 We grant relator’s and real parties’ respective motions for leave.
II 

109TH CONGRESS 

2D SESSION S. 2945 

To extend temporarily the suspension of duty on Thiamethoxam technical. 

IN THE SENATE OF THE UNITED STATES 

MAY 23, 2006 

Mr. CARPER introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To extend temporarily the suspension of duty on 

Thiamethoxam technical. 

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

3 SECTION 1. THIAMETHOXAM TECHNICAL. 

4 (a) IN GENERAL.—Heading 9902.03.11 of the Har5 monized Tariff Schedule of the United States (relating to 

6 Thiamethoxam Technical) is amended— 

7 (1) by striking the article description and in8 serting the following: 

9 ‘‘3-[(2-Chloro-5-thiazolyl)methyl]tetrahydro-5-meth10 yl-N-nitro-1,3,5-oxadiazin-4-imine) (Thiamethoxam) (CAS 


cchase on PROD1PC60 with BILLS
2 

•S 2945 IS 

1 No. 153719–23–4) (provided for in subheading 

2 2934.10.90)’’. 

3 (2) by striking ‘‘2.54%’’ and inserting ‘‘Free’’; 

4 and 

5 (3) by striking ‘‘12/31/2005’’ and inserting 

6 ‘‘12/31/2009’’. 

7 (b) EFFECTIVE DATE.—The amendments made by 

8 subsection (a) apply to goods entered, or withdrawn from 

9 warehouse for consumption, on or after the 15th day after 

10 the date of the enactment of this Act. 

Æ 


cchase on PROD1PC60 with BILLS
§ 760.207 Notice of loss and application period. ( a ) In addition to submitting an application for payment at the appropriate time, the participant that suffered eligible livestock, honeybee, or farm-raised fish losses that create or could create a claim for benefits must: ( 1 ) For losses during calendar year 2008 and in calendar year 2009 prior to September 11, 2009, provide a notice of loss to FSA no later than December 10, 2009;
( 2 ) For losses on or after September 11, 2009, the participant must provide a notice of loss to FSA within the earlier of: ( i ) 30 calendar days of when the loss is apparent to the participant or
( ii ) 30 calendar days after the end of the calendar year in which the loss occurred.
( 3 ) The participant must submit the notice of loss required in paragraphs (a)(1) and (a)(2) of this section to the administrative FSA county office
( b ) In addition to the notices of loss required in paragraph (a) of this section, a participant must also submit a completed application for payment no later than: ( 1 ) 30 calendar days after the end of the calendar year in which the loss occurred or
( 2 ) December 10, 2009 for losses that occurred during 2008.
Exhibit
      13.1





**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 annual report on Form 20-F of Rodman International
      Enterprise II, Ltd. (the "Company") as filed with the Securities and Exchange
      Commission on the date hereof (the "Report"), I, Arnold P. Kling, certify,
      pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 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/
                Arnold P. KlingArnold
                P. Kling
              Principal
                Executive Officer
              June
                6, 2008
Case 2:06-cv-00720-WHA-SRW Document 7 Filed 09/07/2006 Page 1 of 3
Case 2:06-cv-00720-WHA-SRW Document 7 Filed 09/07/2006 Page 2 of 3
Case 2:06-cv-00720-WHA-SRW Document 7 Filed 09/07/2006 Page 3 of 3
#### § 955.83 Agents.

The Secretary may, by designation in writing, name any person, including any officer or employee of the Government, or name any agency in the United States Department of Agriculture, to act as the Secretary's agent or representative in connection with any of the provisions of this part.
UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

EASTERN DIVISION

B.B., a minor, by and )

Through his mother and next friend, )

OWENA KNOWLES, )

)

Plaintiff, ) CASE NO.:

) 3:06-CV-00715-MHT

v. )

)

PAWN CITY, INC.; NORINCO )

a/k/a CHINA NORTH INDUSTRIES )

CORPORATION, et al., )

)

Defendants. )

RENEWED MOTION TO DISMISS

COMES NOW defendant, Qiqihar Hawk Industries Co., Ltd., and in response to the 

filing of plaintiff’s Second Amended Complaint hereby renews its motion pursuant to 

Rule 12(b)(2) of the Federal Rules of Civil Procedure to dismiss Qiqihar Hawk for lack 

of jurisdiction over the person. Qiqihar Hawk hereby adopts and incorporates by this 

reference its previously filed motion to dismiss as if fully set forth herein.

Respectfully submitted,

/s/Todd M. Higey

Todd M. Higey

Ala. Bar No. HIG019

Attorney for Qiqihar Hawk 

Industries Co. Ltd.

ADAMS AND REESE LLP

2100 3rd Avenue North, Suite 1100

Birmingham, Alabama 35203-3367

Telephone: (205) 250-5000

Fax: (205) 250-5034

E-mail: todd.higey@arlaw.com

Case 3:06-cv-00715-MHT-TFM Document 48 Filed 08/01/2007 Page 1 of 2
2

CERTIFICATE OF SERVICE

I hereby certify that on August 1, 2007, I electronically filed the foregoing with 

the Clerk of the Court using the CM/ECF system which will send notification of such 

filing to the persons listed below:

David J. Hodge, Esq.

PITTMAN, DUTTON, KIRBY & HELLUMS, P.C.

2001 Park Place North

1100 Park Place Tower

Birmingham, Alabama 35203

James C. Barton, Jr., Esq.

Alan D. Mathis, Esq.

JOHNSTON, BARTON, PROCTOR & POWELL, LLP

2900 AmSouth/Harbert Plaza

1901 Sixth Avenue North

Birmingham, Alabama 35203

Nick Wooten, Esq.

WOOTEN LAW FIRM, P.C.

P.O. Drawer 290

Lafayette, Alabama 36862

John D. Gleissner, Esq.

ROGERS & ASSOCIATES

3000 Riverchase Galleria

Suite 650

Birmingham, Alabama 35244

/s/Todd M. Higey

Of Counsel

Case 3:06-cv-00715-MHT-TFM Document 48 Filed 08/01/2007 Page 2 of 2
Case 3:06-cv-00687-WHA-DRB Document 26 Filed 12/11/2006 Page 1 of 3
Case 3:06-cv-00687-WHA-DRB Document 26 Filed 12/11/2006 Page 2 of 3
Case 3:06-cv-00687-WHA-DRB Document 26 Filed 12/11/2006 Page 3 of 3
**AD Economic Evaluation**

Docket No . FAA - 2012 - 0945 Directorate ID : 2010 - SW - 110 - AD Helicopter Model: Sikorsky Model S - 70, S - 70A, S - 70C, S - 70C (M), and S - 70C (M1) Helicopters Number of Helicopters (U.S. Operators): 9 Helicopters in the US Registry . Reason : The proposed actions are intended to establish new fatigue life limits for certain GE engine gas generator turbine (GGT) rotor parts to prevent fatigue failure of a GGT rotor part, engine failure, and subsequent loss of co ntrol of the helicopter. Costs : Parts per Helicopter $ 360,000 to replace the GGT rotor parts Labor per Helicopter (X x $ 8 5 /work- hour for the inspection) - A minimal amount of time to calculate the new retirement life.

- A minimal amount for work hours and labor costs because these parts are replaced as part of the periodic maintenance on the helicopter. Other (Explain) Total Cost per Helicopter $360,000 Total US Fleet Cost $3,240,000 Executive Order 12866 : Could the AD be considered a “signific ant regulatory action?” Yes ( ) No (  ) DOT Regulatory

Policies and Procedures : Is the AD significant? Yes ( ) Explain Below No (  ) Regulatory

Flexibility

Act : Will the AD have a significant economic impact on a substantial number of small entitie s? Yes ( ) No (  ) Project Engineer : Michael Davison
---

EXHIBIT 32.1





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 Annual Report of LEAF Equipment Leasing Income Fund III, L.P. (the “Company”) on Form 10-K for the year ended December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Crit S. DeMent, Chief Executive Officer of the General Partner 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 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.





Date:  March 31, 2011
/s/ Crit S. DeMentName: Crit S. DeMentTitle: Chief Executive Officer of the General Partner