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that this opinion should not be published and is not precedent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.

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 on
No. 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.
Exhibit








Exhibit 10.68

AMENDMENT NO. 1


TO


EMPLOYMENT AGREEMENT


The Employment Agreement made and entered into effective January 15, 2018 (the “Agreement”), by and between Perrigo Pharma International DAC, whose registered office is Treasury Building, Lower Grand Canal Street, Dublin 2 (the “Company”), and Uwe Röhrhoff (“Executive”), is hereby amended by this Amendment No. 1, effective as of January 26, 2018 (this “Amendment”).


WHEREAS, the Company and Executive desire to amend the Agreement in order to provide adequate time for Executive’s orderly resignation from the for-profit boards on which he sat prior to his entering into the Agreement. 


NOW, THEREFORE, for good and valuable consideration, the receipt of which is acknowledged, Executive and the Company agree as follows:


		
	1.
	The second sentence of Paragraph 2(c) of the Agreement (“Standard of Services”) is amended and restated in its entirety, as follows:




“As soon as reasonably practicable following the Effective Date, but in any event on or prior to May 31, 2018, Executive shall resign from all boards of directors of for-profit entities on which he sits.”


		
	2.
	This Amendment may be executed in counterparts and each counterpart will be deemed an original.




		
	3.
	Except as expressly provided herein, the Agreement shall remain unaltered and of full force and effect.








[Signature Page Follows]









IN WITNESS WHEREOF, this Amendment has been duly executed by the parties as of the date written above.


                            


	
		
	EXECUTIVE

	 

	/s/ Uwe Röhrhoff

	Name:
	Uwe Röhrhoff

	Title:
	President and Chief Executive Officer,

	Perrigo Pharma International DAC and Perrigo 

	Company plc










	
		
	COMPANY

	 

	/s/  Todd W. Kingma

	Name:
	Todd W. Kingma

	Title:
	Executive Vice President, General 

	Counsel, and Secretary
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3020 Introduced in Senate (IS)]

109th CONGRESS
  2d Session
                                S. 3020

  To suspend temporarily the duty on phosphor LAP lanthanum phosphate 
               phosphor, activated by cerium and terbium.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 24, 2006

Mr. Reid (for Mr. Rockefeller) introduced the following bill; which was 
          read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
  To suspend temporarily the duty on phosphor LAP lanthanum phosphate 
               phosphor, activated by cerium and terbium.

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

SECTION 1. PHOSPHOR LAP LANTHANUM PHOSPHATE PHOSPHOR, ACTIVATED BY 
              CERIUM AND TERBIUM.

    (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:

``      9902.32.08      Phosphor LAP        Free         No change        No change        On or before 12/  ''.
                         lanthanum                                                          31/2009
                         phosphate
                         phosphor,
                         activated by
                         cerium and
                         terbium,
                         inorganic
                         products of a
                         kind used as
                         luminophores (CAS
                         Nos. 13778-59-1,
                         13454-71-2 and
                         13863-48-4 or
                         95823-34-0)
                         (provided for in
                         subheading
                         3206.50.00)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
to articles entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
5605.403 Requests from Members of Congress    The release of information must be coordinated with SOF AT&L-KM/KX/KB as appropriate.              HQ, United States Special Operations Command       Special Operations Forces Acquisition, Technology, and Logistics (SOF AT&L)       SOFARS 5605       February 2007 **Parent topic:** Subpart 5605.4 - RELEASE OF INFORMATION
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3442 Introduced in Senate (IS)]

109th CONGRESS
  2d Session
                                S. 3442

To suspend temporarily the duty on 2-Propenoic acid, reaction products 
   with o-cresol-epichlorohydrin-formaldehyde polymer and 3a,4,7,7a-
                   tetrahydro-1,3-isobenzofurandione.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              June 6, 2006

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

_______________________________________________________________________

                                 A BILL

 
To suspend temporarily the duty on 2-Propenoic acid, reaction products 
   with o-cresol-epichlorohydrin-formaldehyde polymer and 3a,4,7,7a-
                   tetrahydro-1,3-isobenzofurandione.

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

SECTION 1. 2-PROPENOIC ACID, REACTION PRODUCTS WITH O-CRESOL-
              EPICHLOROHYDRIN-FORMALDEHYDE POLYMER AND 3A,4,7,7A-
              TETRAHYDRO-1,3-ISOBENZOFURANDIONE.

    (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:

      

``      9902.29.12        2-Propenoic acid,       Free      No change       No change       On or before 12/
                           reaction products                                                 31/2009          ''
                           with o-cresol-                                                                      .
                           epichlorohydrin-
                           formaldehyde polymer
                           and 3a,4,7,7a-
                           tetrahydro-1,3-
                           isobenzofurandione
                           (provided for in
                           subheading
                           3907.30.00) (CAS No.
                           186511-06-8).........

    (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>
```
#### § 945.70 Compliance.

Except as provided in this part, no handler shall ship potatoes, the shipment of which has been prohibited by the Secretary in accordance with provisions of this subpart, and no handler shall ship potatoes except in conformity to the provisions of this subpart.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 05-1542

ULISSES M. BASTOS,

Petitioner,

versus

ALBERTO R. GONZALES, 

Respondent.

On Petition for Review of an Order of the Board of Immigration

Appeals. (A28-326-230)

Submitted: January 25, 2006 Decided: February 13, 2006

Before WILLIAMS and KING, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Petition denied by unpublished per curiam opinion.

Antonio M. Zaldana, LAW OFFICE OF ANTONIO M. ZALDANA, Los Angeles,

California, for Petitioner. Peter D. Keisler, Assistant Attorney

General, Jeffrey J. Bernstein, Senior Litigation Counsel, John E.

Cunningham, III, Office of Immigration Litigation, UNITED STATES

DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Ulisses M. Bastos, a native and citizen of Brazil,

petitions for review of an order of the Board of Immigration

Appeals (“Board”) denying his motion to reopen and remand to the

immigration judge to apply for asylum based upon changed

circumstances. We have reviewed the administrative record and the

Board’s order and find that the Board did not abuse its discretion.

See INS v. Doherty, 502 U.S. 314, 323-24 (1992). Accordingly, we

deny the petition for review. We dispense with oral argument

because the facts and legal contentions are adequately presented in

the materials before the court and argument would not aid the

decisional process.

PETITION DENIED
Subpart 952.0 - General

Parent topic: PART 952 - SOLICITATION PROVISIONS AND CONTRACT CLAUSES

952.000 Scope of part.

This part implements FAR part 52 which sets forth contract clauses for use in connection with the

acquisition of personal property and nonpersonal services (including construction), and

supplements, as well as modifies, FAR part 52 by prescribing certain modifications to be made to

FAR clauses when used in Department of Energy (DOE) contracts and specifying certain Department

of Energy Acquisition Regulation clauses to be used in addition to or in place of such FAR clauses.

952.001 General policy.

It is DOE policy to use the prescribed FAR and DOE contract clauses wherever practicable.

Uniformity in the use of contract clauses helps to ensure impartial treatment of all contractors,

expedites negotiation and contract review, and facilitates contract administration.
Exhibit 32.2



CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO SECTION 1350,

AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



I, Matt J. Colbert, Chief Financial Officer of Gold Crest Mines, Inc. (the Registrant) do hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:



1.

This annual report on Form 10-KSB of the Registrant for the year ended December 31, 2007, as filed with the Securities and Exchange Commission (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 Registrant.



Date:  March 26, 2008



/s/        Matt J. Colbert_____

Matt J. Colbert

Chief Financial Officer
**Exhibit 32.1**

 

**CERTIFICATION OF CHIEF EXECUTIVE OFFICER**

**PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

Pursuant to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of Guidance Software, Inc. (the “Company”) hereby certifies that:

 

(i)                     the accompanying Annual Report on Form 10-K of the Company for the period ended December 31, 2010 (the “Report”) fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and

 

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

 

 
| Dated:   March 2, 2011 | /s/     VICTOR T. LIMONGELLI                    |
|------------------------|---------------------------------------------------------------------|
|                   | **Victor T.   Limongelli****President and Chief Executive Officer** |

 

A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 (“Section 906”), or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to Guidance Software, Inc. and will be retained by Guidance Software, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.

 

----
**Exhibit
      31.2**




**CERTIFICATION**




I,
      LM
      Singh, certify that:




1.
      I have
      reviewed this annual report on Form 10-K of TransTech Services Partners
      Inc.;




2.
      Based
      on my knowledge, this annual 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 annual report;




3.
      Based
      on my knowledge, the financial statements, and other financial information
      included in this annual 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 annual report;




4.
      The
      registrant’s other certifying officer and I are responsible for establishing and
      maintaining disclosure controls and procedures (as defined in Exchange Act
      Rules
      13a-14 and 15d-14) 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 annual report is being prepared;




b)
      Evaluated the effectiveness of the registrant’s disclosure controls and
      procedures and presented in this annual 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 annual report any change in the registrant’s internal control
      over financial reporting that occurred during the registrant’s most recent
      fiscal quarter that has materially affected, or is reasonably likely to
      materially affect, the registrant’s internal control over financial reporting;
      and




5.
      The
      registrant’s other certifying officer and I have disclosed, based on our most
      recent evaluation, 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:
      April 3, 2008




/s/
      LM
      Singh





LM
      Singh,


Chief
      Financial Officer, Executive Vice President,


Treasurer,
      Secretary and Director
#### In the Matter of Lawrence Lounge Inc., Respondent, v. State Liquor Authority, Appellant.

Motion by respondent to vacate the automatic stay resulting from the appeal taken by appellant and for other relief. Motion dismissed as moot. The appeal is decided herewith. Rabin, Acting P. J., Hopkins, Martuscello, Latham and Benjamin, JJ., concur.
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 State

          - [Public Notice 7263]

Acting under the authority of and in accordance with section 1(b) of Executive Order 13224 of September 23, 2001, as amended by Executive Order 13268 of July 2, 2002, and Executive Order 13284 of January 23, 2003, I hereby determine that the individual known as Fahd Mohammed Ahmed al-Quso, also known as Fahd al-Quso, also known as Abu Huthaifah, also known as Abu Huthaifah al-Yemeni, also known as Abu Huthaifah al-Adani, also known as Abu al-Bara', also known as Abu Hathayfah al-Adani, also known as Fahd Mohammed Ahmed al-Awlaqi, also known as Huthaifah al-Yemeni, also known as Abu Huthaifah al-Abu al-Bara', also known as Fahd Muhammad Ahmad al-Kusso, committed, or poses a significant risk of committing, acts of terrorism that threaten the security of U.S. nationals or the national security, foreign policy, or economy of the United States.

                    Consistent with the determination in section 10 of Executive Order 13224 that “prior notice to persons determined to be subject to the Order who might have                           ( print page 76772)                        a constitutional presence in the United States would render ineffectual the blocking and other measures authorized in the Order because of the ability to transfer funds instantaneously,” I determine that no prior notice needs to be provided to any person subject to this determination who might have a constitutional presence in the United States, because to do so would render ineffectual the measures authorized in the Order.                

                    This notice shall be published in the                     **Federal Register.**

                        Dated:                         *October 18, 2010.*

Hillary Rodham Clinton,

Secretary of State.

[FR Doc. 2010-31001 Filed 12-8-10; 8:45 am]

BILLING CODE 4710-10-P
#### § 923.23 Selection.

From the nominations made pursuant to § 923.22, or from other qualified persons, the Secretary shall select the ten grower members of the committee, the five handler members of the committee, and an alternate for each member.
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

WILLIAM D. BOWDEN, )

)

Plaintiff, )

)

v. ) Civil Action No.: 2:06-cv-665

)

MISSION PETROLEUM CARRIERS, )

ANTONIO MARTINEZ NAVARRO )

)

Defendants. )

MOTION TO CORRECT STYLE

Comes now the Defendant, Mission Petroleum Carriers, Inc., and pursuant to the

Federal Rules of Civil Procedure moves to correct the style of this case as filed in the Notice of

Removal to the following: 

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

WILLIAM D. BOWDEN, )

)

Plaintiff, )

)

v. ) Civil Action No.: 2:06-cv-665

)

MISSION PETROLEUM CARRIERS, )

ANTONIO MARTINEZ NAVARRO )

)

Defendants. )

WHEREFORE, Defendant respectfully requests that this case style be corrected to that

which is noted above. 

Respectfully submitted,

Case 2:06-cv-00665-WHA-WC Document 2 Filed 07/26/2006 Page 1 of 2
__/s/ Caroline T. Pryor___________

VINCENT A. NOLETTO, JR. (NOL008)

CAROLINE T. PRYOR (PRY005)

Attorneys for Defendant

OF COUNSEL:

CARR ALLISON

P.O. Box 1126

Daphne, AL 36526

251-626-9340

ctp@carrallison.com

CERTIFICATE OF SERVICE

I do hereby certify that I have on this 26th day of June, 2006, 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 following and that I hereby certify that I have mailed by placing a copy of same

in the United States Mail, first-class postage prepaid and properly addressed those non

CM/ECF participants:

James Bodin

McPhillips, Shinbaum & Gill, L.L.P.

Post Office Box 64

Montgomery, Alabama 36101-0064

Antonio Martinez Navarro

2052 Des Jardines

Houston, Texas 77023

/s/ Caroline T. Pryor_______________

OF COUNSEL

Case 2:06-cv-00665-WHA-WC Document 2 Filed 07/26/2006 Page 2 of 2
###### Editorial Note on Part 982

#### Editorial Note:

Nomenclature changes to part 982 appear at 61 FR 17559, Apr. 22, 1996.

#### § 982.17 Marketing year.

*Marketing year* means the 12 months from July 1 to the following June 30, both inclusive, or such other period of time as may be recommended by the Board and established by the Secretary.

[51 FR 29546, Aug. 19, 1986]
Case 2:06-cv-00672-WKW-WC Document 17 Filed 04/09/2007 Page 1 of 2
Case 2:06-cv-00672-WKW-WC Document 17 Filed 04/09/2007 Page 2 of 2