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

FOR THE FIFTH CIRCUIT

No. 19-51108

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

EDWIN VIRGILIO GOMEZ, also known as Gomez Edwin Vrilillio, also known 

as Edwin Vrilillio-Gmez, also known as Gomez Edwin Virgillio, also known as 

Edwin Virgillio-Gomez, also known as Edwinn Gomez, also known as Edwin 

Virgillio Gomez, also known as Edwin Gomez-Virgilio, also known as Virgilio 

Edwin Gomez, also known as Edwin V. Gomez,

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 5:18-CR-774-1

Before DAVIS, SMITH, and HIGGINSON, Circuit Judges. 

PER CURIAM:*

Edwin Virgilio Gomez appeals his conviction for illegal reentry after 

removal, in violation of 8 U.S.C. § 1326. He entered a conditional guilty plea, 

reserving the right to appeal the denial of his motions to dismiss the 

* 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

May 12, 2020

Lyle W. Cayce

Clerk

 Case: 19-51108 Document: 00515413567 Page: 1 Date Filed: 05/12/2020
No. 19-51108

2

indictment. Gomez asserts that the indictment was invalid because the 

removal order was void due to a defective notice to appear that failed to specify 

the date and time for his removal hearing. He concedes that the issue is 

foreclosed by United States v. Pedroza-Rocha, 933 F.3d 490 (5th Cir. 2019), 

petition for cert. filed (U.S. Nov. 6, 2019) (No. 19-6588), and Pierre-Paul v. Barr, 

930 F.3d 684 (5th Cir. 2019), cert. denied, 2020 WL 1978950 (U.S. Apr. 27, 

2020) (No. 19-779), but he wishes to preserve it for further review. The 

Government has filed a motion for summary affirmance, agreeing that the 

issue is foreclosed under Pedroza-Rocha and Pierre-Paul. Alternatively, the 

Government requests an extension of time to file a brief.

In Pedroza-Rocha, we concluded that the notice to appear was not 

rendered deficient because it did not specify a date or time for the removal 

hearing, that any such alleged deficiency had not deprived the immigration 

court of jurisdiction, and that the defendant could not collaterally attack his 

underlying removal order without first exhausting his administrative 

remedies. Pedroza-Rocha, 933 F.3d at 496-98. Because the Government’s 

position “is clearly right as a matter of law so that there can be no substantial 

question as to the outcome of the case,” Groendyke Transp., Inc. v. Davis, 

406 F.2d 1158, 1162 (5th Cir. 1969), 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 is AFFIRMED.

 Case: 19-51108 Document: 00515413567 Page: 2 Date Filed: 05/12/2020
# C_2011182EN.01001101.xml

| 23.6.2011 | EN | Official Journal of the European Union | C 182/11 |
| --- | --- | --- | --- |

23.6.2011

EN

Official Journal of the European Union

C 182/11

---

No State aid within the meaning of Article 61 of the EEA Agreement

2011/C 182/08

The EFTA Surveillance Authority raises no objections to the following State aid measure:

| Date of adoption of the decision | : | 16 March 2011 |
| --- | --- | --- |
| Case number | : | 69464 |
| Decision number | : | 69/11/COL |
| EFTA State | : | Iceland |
| Title (and/or name of the beneficiary) | : | Rescue aid to the Icelandic Housing Financing Fund (Íbúðalánasjódur) |
| Legal basis | : | Supplementary Budget Act 2010 |
| Objective | : | Remedy a serious disturbance in the Icelandic economy |
| Form of aid | : | Equity increase |
| Budget | : | ISK 33 billion |
| Economic sectors | : | Financial institutions |
| Other information | : | Temporary approval subject to submission of restructuring plan by 30 September 2011 |

Date of adoption of the decision

:

16 March 2011

Case number

:

69464

Decision number

:

69/11/COL

EFTA State

:

Iceland

Title (and/or name of the beneficiary)

:

Rescue aid to the Icelandic Housing Financing Fund (Íbúðalánasjódur)

Íbúðalánasjódur

Legal basis

:

Supplementary Budget Act 2010

Objective

:

Remedy a serious disturbance in the Icelandic economy

Form of aid

:

Equity increase

Budget

:

ISK 33 billion

Economic sectors

:

Financial institutions

Other information

:

Temporary approval subject to submission of restructuring plan by 30 September 2011

The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:

http://www.eftasurv.int/state-aid/state-aid-register/

---
#### § 161.53 United States Treasury General Account.

The term *United States Treasury General Account* means an account maintained in the name of the United States Treasury the balance of which is subject to the right of immediate withdrawal, except in the case of the closure of the member, and in which a zero balance may be maintained. Such accounts are not savings accounts or savings deposits.
[Federal Register Volume 74, Number 193 (Wednesday, October 7, 2009)]
[Notices]
[Page 51660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24105]


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

DEPARTMENT OF THE TREASURY

Internal Revenue Service


Open Meeting of the Taxpayer Advocacy Panel Small Business/Self 
Employed Issue Committee

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of meeting.

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

SUMMARY: An open meeting of the Taxpayer Advocacy Panel Small Business/
Self Employed Issue Committee will be conducted. The Taxpayer Advocacy 
Panel is soliciting public comments, ideas, and suggestions on 
improving customer service at the Internal Revenue Service.

DATES: The meeting will be held Thursday, November 19, 2009.

FOR FURTHER INFORMATION CONTACT: Janice Spinks at 1-888-912-1227 or 
206-220-6098.

SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section 
10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) 
that an open meeting of the Taxpayer Advocacy Panel Small Business/Self 
Employed Issue Committee will be held Thursday, November 19, 2009, at 
8:30 a.m. Pacific Time via telephone conference. The public is invited 
to make oral comments or submit written statements for consideration. 
Due to limited conference lines, notification of intent to participate 
must be made with Janice Spinks. For more information please contact 
Ms. Spinks at 1-888-912-1227 or 206-220-6098, or write TAP Office, 915 
2nd Avenue, MS W-406, Seattle, WA 98174 or post comments to the Web 
site: http://www.improveirs.org.
    The agenda will include various IRS issues.

    Dated: October 1, 2009.
Shawn F. Collins,
Acting Director, Taxpayer Advocacy Panel.
[FR Doc. E9-24105 Filed 10-6-09; 8:45 am]
BILLING CODE 4830-01-P
Appendix C, Exhibit 1, page 1 of 2temperatures --> Hour 06/01/00 07/18/00 08/10/00 08/16/00 08/17/00 08/19/00 07/12/01 06/03/02 06/12/02 08/09/02 Hour average1 66 74 78 76 82 83 78 76 74 73 1 762 66 72 77 74 79 82 77 74 77 74 2 753 69 71 76 73 78 80 76 73 71 72 3 744 65 70 76 73 77 79 75 74 69 71 4 735 62 69 75 72 79 76 74 72 69 70 5 726 63 71 74 74 76 75 75 73 70 69 6 727 67 74 77 72 79 75 75 75 72 69 7 748 72 78 76 80 83 79 79 78 75 70 8 779 78 82 76 82 88 82 81 83 80 75 9 8110 82 85 79 88 91 85 83 85 83 77 10 8411 82 88 83 90 92 87 85 88 86 79 11 8612 84 89 87 91 96 89 87 88 87 81 12 8813 85 89 89 95 97 91 88 90 87 84 13 9014 86 92 92 96 96 93 87 92 87 85 14 9115 87 92 93 96 98 94 89 92 89 86 15 9216 87 96 94 97 97 94 90 92 89 86 16 9217 86 94 92 96 97 95 87 92 88 86 17 9118 85 93 91 95 96 92 86 91 87 85 18 9019 83 91 89 92 94 88 85 88 85 84 19 8820 80 88 87 89 91 87 83 86 83 82 20 8621 78 88 78 87 87 84 82 87 82 80 21 8322 76 88 75 85 87 84 81 87 78 79 22 8223 74 84 73 83 85 82 81 84 77 77 23 8024 72 83 73 81 85 81 79 79 75 75 24 78rel. humidity --> Hour 06/01/00 07/18/00 08/10/00 08/16/00 08/17/00 08/19/00 07/12/01 06/03/02 06/12/02 08/09/02 Hour average1 81 64 82 58 56 59 85 79 60 64 1 692 81 71 79 62 65 56 85 85 54 60 2 703 66 73 85 64 67 60 88 87 68 64 3 724 78 76 85 66 71 62 88 82 73 68 4 755 84 78 88 69 65 69 91 87 73 73 5 786 84 73 91 62 74 71 88 84 71 73 6 777 81 69 82 73 65 74 88 82 71 73 7 768 71 62 79 60 61 62 74 74 66 73 8 689 48 55 74 56 52 58 69 65 58 60 9 6010 41 46 69 42 47 53 63 61 51 56 10 5311 41 40 61 39 46 50 61 55 40 52 11 4912 38 39 57 37 39 43 59 54 39 49 12 4513 35 39 45 34 36 41 59 50 39 44 13 4214 32 32 47 31 36 38 59 43 39 42 14 4015 35 36 44 30 35 36 55 44 38 40 15 3916 35 29 44 29 34 32 54 47 34 40 16 3817 36 32 46 31 33 31 57 44 35 39 17 3818 39 36 49 32 29 37 59 50 40 39 18 4119 41 35 48 38 33 50 59 55 40 40 19 4420 47 40 51 41 42 51 67 63 43 46 20 4921 50 40 69 45 51 59 69 53 46 51 21 5322 56 40 79 50 53 59 77 53 54 50 22 5723 60 48 84 55 59 65 72 61 52 56 23 6124 61 51 79 58 57 67 79 74 60 60 24 65avg. pressure --> 06/01/00 07/18/00 08/10/00 08/16/00 08/17/00 08/19/00 07/12/01 06/03/02 06/12/02 08/09/02 average29.14 29.00 28.99 29.09 29.01 29.01 28.82 28.87 28.89 29.05 28.99Source: National Weather Service Local Climatological Data for Hartsfield Atlanta International AirportAppendix C, Exhibit 1, page 2 of 2temperaturehour 7 8 9 10 11 12 13 14 15 16 17 18M6 hour1 2 3 4 5 6 7 8 9 10 11 1274 77 81 84 86 88 90 91 92 92 91 9088 86 83 82 80 78 76 75 74 73 72 72M6 hour 13 14 15 16 17 18 19 20 21 22 23 24hour 19 20 21 22 23 24123456relative humidityhour 7 8 9 10 11 12 13 14 15 16 17 18M6 hour1 2 3 4 5 6 7 8 9 10 11 1276 68 60 53 49 45 42 40 39 38 38 4144 49 53 57 61 65 69 70 72 75 78 77M6 hour 13 14 15 16 17 18 19 20 21 22 23 24hour 19 20 21 22 23 24123456degrees Frel.humiditySource: National Weather Service Local Climatological Data for Hartsfield Atlanta International Airport
**EXHIBIT 23.1**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

Hollis-Eden Pharmaceuticals, Inc. 

San Diego,California 

 

We hereby consent to the incorporation by referencein the following registration statements: No. 333-18725 on Form S-8 to Form S-4, No. 333-18725 on Form S-3 to Form S-4, No. 333-56155 on Form S-3, No. 333-56157 on Form S-3, No. 333-69725 on Form S-3, No. 333-69727 onForm S-3, No. 333-72853 on Form S-3, No. 333-92179 on Form S-3, No. 333-92185 on Form S-8, No. 333-96181 on Form S-3, No. 333-34180 on Form S-3, No. 333-51284 on Form S-3, No. 333-51286 on Form S-8,No. 333-65712 on Form S-8, No. 333-75860 on Form S-3, No. 333-83372 on Form S-3, No. 333-101219 on Form S-8, No. 333-101221 on Form S-3, No. 333-13831 on Form S-3, No. 333-103851 on Form S-3, No. 333-105378 onForm S-3, No. 333-106835 on Form S-3, No. 333-106860 on Form S-8, No. 333-107318 on Form S-3, and No. 333-121216 on Form S-8, No. 333-126458 on Form S-3, No. 333-130670 on Form S-8, No. 333-135095 on Form S-3,No. 333-136554 on Form S-3, No. 333-136555 on Form S-8, No. 333-148088 on Form S-8, of our reports dated March 12, 2008 relating to the financial statements of Hollis-Eden Pharmaceuticals, Inc. and the effectiveness ofHollis-Eden Pharmaceuticals, Inc.’s internal controls over financial reporting which is incorporated by reference in this Annual Report on Form 10-K. 

 

/s/    BDO Seidman, LLP 

 

Costa Mesa, California 

March 12, 2008
§ 1208.40 Authority and scope. ( a ) The provisions of this subpart C apply to the collection of debts owed to the Federal Government arising from transactions with FHFA. Administrative offset is authorized under the Debt Collection Improvement Act of 1996 (DCIA). This subpart C is consistent with the Federal Claims Collection Standards (FCCS) on administrative offset issued by the Department of Justice.
( b ) FHFA may collect a debt owed to the Federal Government from a person, organization, or other entity by administrative offset, pursuant to 31 U.S.C. 3716, where: ( 1 ) The debt is certain in amount;
( 2 ) Administrative offset is feasible, desirable, and not otherwise prohibited;
( 3 ) The applicable statute of limitations has not expired; and
( 4 ) Administrative offset is in the best interest of the Federal Government.
§ 1240.400 Stability capital buffer. ( a ) *Definitions.* For purposes of this subpart: ( 1 ) *Mortgage assets* means, with respect to an Enterprise, the dollar amount equal to the sum of: ( i ) The unpaid principal balance of its single-family mortgage exposures, including any single-family loans that secure MBS guaranteed by the Enterprise;
( ii ) The unpaid principal balance of its multifamily mortgage exposures, including any multifamily mortgage exposures that secure MBS guaranteed by the Enterprise;
( iii ) The carrying value of its MBS guaranteed by an Enterprise, MBS guaranteed by Ginnie Mae, PLS, and other securitization exposures (other than its retained CRT exposures); and
( iv ) The exposure amount of any other mortgage assets.
( 2 ) *Residential mortgage debt outstanding* means the dollar amount of mortgage debt outstanding secured by one- to four-family residences or multifamily residences that are located in the United States (and excluding any mortgage debt outstanding secured by commercial or farm properties).
( b ) *Amount.* An Enterprise must calculate its stability capital buffer under this section on an annual basis by December 31 of each year. The stability capital buffer of an Enterprise is equal to: ( 1 ) The ratio of: ( i ) The mortgage assets of the Enterprise as of December 31 of the previous calendar year; to
( ii ) The residential mortgage debt outstanding as of December 31 of the previous calendar year, as published by FHFA;
( 2 ) Minus 0.05;
( 3 ) Multiplied by 5;
( 4 ) Divided by 100; and
( 5 ) Multiplied by the adjusted total assets of the Enterprise, as of December 31 of the previous calendar year.
( c ) *Effective date of an adjusted stability capital buffer* — ( 1 ) *Increase in stability capital buffer.* An increase in the stability capital buffer of an Enterprise under this section will take effect (*i.e.,* be incorporated into the maximum payout ratio under table 1 to paragraph (b)(5) in § 1240.11) on January 1 of the year that is one full calendar year after the increased stability capital buffer was calculated, provided that where a stability capital buffer under paragraph (c)(2) of this section is calculated to be a decrease in the stability capital buffer from the previously calculated scheduled increase applicable on the same January 1, the decreased stability capital buffer under paragraph (c)(2) shall take effect.
( 2 ) *Decrease in stability capital buffer.* A decrease in the stability capital buffer of an Enterprise will take effect (*i.e.,* be incorporated into the maximum payout ratio under table 1 to paragraph (b)(5) in § 1240.11) on January 1 of the year immediately following the calendar year in which the decreased stability capital buffer was calculated.
[85 FR 82198, Dec. 17, 2020, as amended at 88 FR 83481, Nov. 30, 2023]
42599.

#### ATLANTA TRANSIT SYSTEM, INC. v. PARKS.

Hall, Judge.

After numerous demurrers and amendments to the plaintiff’s petition, the trial court on October 14, 1966, sustained special demurrers to the petition, as amended, and ordered “that plaintiff be and is required to re-write her petition within 15 days; otherwise the case shall stand dismissed.” No further order was issued nor.was any amendment offered within the remainder of the September-October term of the Fulton Superior Court. On November 21, 1966, the plaintiff presented two amendments to her petition which were allowed subject to demurrer. The defendant moved to dismiss the case upon the ground that appellee did not re-write her petition within the time allowed by the order of October 14, 1966. The trial court overruled defendant’s motion whereupon the defendant files this notice of appeal.

The order of October 14, 1966 is the law of the case, whether right or wrong, in the absence of any action taken within term time to vacate the same or file a timely notice of appeal, and upon the failure of the plaintiff to amend, a dismissal of the action automatically results, or a formal order of dismissal is proper. *Burruss v. Burruss,*196 Ga. 813 (27 SE2d 748); *Gamble v. Gamble,*193 Ga. 591 (19 SE2d 276); *309
      *Harris v. McDaniel,*92 Ga. App. 299 (88 SE2d 442); *Courtney v. State Farm Mut. Auto. Ins. Co.,*81 Ga. App. 616 (59 SE2d 556); *Eidson v. Cheek,*212 Ga. 201 (1) (91 SE2d 498); *City of Hapeville v. Jones,*194 Ga. 57 (20 SE2d 599).

*Felton, C. J., and Eberhardt, J., concur.*

Submitted February 6, 1967 —

Decided February 10, 1967

Rehearing denied February 27, 1967 —

*Hansell, Post, Brandon & Dorsey, Gary W. Hatch,*for appellant.

*Grace W. Thomas,*for appellee.

The trial court erred in overruling defendant’s motion to dismiss.

*Judgment reversed.*
§ 14.618 Collection action. ( a ) In a case where the Regional Counsel determines that damage to or loss of Government property under the jurisdiction of the Department of Veterans Affairs resulted from the negligence or other legal wrong of a person other than an employee of the United States, while acting within the scope of his or her employment, the Regional Counsel will request payment in full of the amount of damage from the person liable therefor or such person's insurer.
( b ) The Regional Counsel may collect, compromise, suspend, or terminate collection action on any such claim as is authorized under § 2.6(e)(4)(ii) of this chapter, in conformity with the standards in § 1.900 series of this chapter. Any such claim that has not been collected in full and which has not been compromised, suspended or terminated and does not exceed $100,000, will be referred by the Regional Counsel to the appropriate U.S. attorney along with the information required by §§ 1.951 through 1.953 of this chapter. Any claim in excess of $100,000 for which payment in full has not been made, will be transmitted along with the report required by § 14.601(a)(2)(i), a report on credit data (§ 1.952 of this chapter), and any other pertinent information, to the General Counsel for appropriate action.
( c ) The General Counsel or those designated in § 2.6(e)(4) of this chapter will take action to collect in full on such claims and to compromise, suspend, or terminate any such claims not exceeding $100,000 in conformity with § 1.900 series of this chapter. Any such claims not compromised, or on which collection actions is not suspended or terminated and does not exceed $100,000, will be referred to the appropriate U.S. Attorney. Any such claims in excess of $100,000, which have not been collected in full, will be referred by the General Counsel to the Department of Justice for appropriate action.
( d ) The provisions of paragraphs (a) through (c) of this section are not applicable to the collection of claims involving damage to General Services Administration Motor Pool System vehicles issued for Department of Veterans Affairs use. Whenever there is any indication that a party other than the operator of a motor pool system vehicle is at fault in an accident, all documents and data pertaining to the accident and its investigation will be submitted to the General Services Administration Regional Counsel of the region that issued the vehicle who has jurisdiction over such matters. Whenever a motor pool system vehicle is involved in an accident, resulting in damage to the property of, or injury to the person of a third party, and the third party asserts a claim against the Department of Veterans Affairs based upon the alleged negligence of the vehicle operator, the claim will be considered under § 14.600 *et seq.*
[38 FR 5474, Mar. 1, 1973, as amended at 42 FR 41418, Aug. 17, 1977; 61 FR 27784, June 3, 1996]
<PAGE>   1

                                                                  Exhibit 23.1


                   EXHIBIT 23.1 TO ANNUAL REPORT ON FORM 10-K
                   FOR THE FISCAL YEAR ENDED DECEMBER 30, 2000
                         BY D.I.Y. HOME WAREHOUSE, INC.



                       CONSENT OF INDEPENDENT ACCOUNTANTS



We hereby consent to the incorporation by reference in the Registration
Statement on Form S-8 (File No. 33-87020) of D.I.Y. Home Warehouse, Inc. of our
report dated March 23, 2001, relating to the financial statements, which
appears in the Annual Report to Shareholders, which is incorporated in this
Annual Report on Form 10-K.


/s/ PricewaterhouseCoopers, LLP


Cleveland, Ohio
March 23, 2001
**Exhibit 12.1** 
**Section 302 - Certification of the Chief Executive Officer**

I, Tiberio Dall'Olio, certify that:

1. I have reviewed this annual report on Form 20-F of Madeco;

2. Based on my knowledge, this 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 report;

3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the company as of, and for, the periods presented in this report;

4. The company's other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a- 15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the company 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 Company, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;b) designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles;c) evaluated the effectiveness of the company's disclosure controls and procedures and presented in this 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; andd) disclosed in this report any change in the company's internal control over financial reporting that occurred during the period covered by the annual report that has materially affected, or is reasonably likely to materially affect, the company's internal control over financial reporting; and

5. The company's other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the company's auditors and the audit committee of company'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 company's ability to record, process, summarize and report financial information; andb) any fraud, whether or not material, that involves management or other employees who have a significant role in the company's internal control over financial reporting.

 

Date: June 30, 2008

/s/ Tiberio Dall'OlioTiberio Dall'OlioChief Executive Officer