alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5TH CIR. R. 47.5, the court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

May 4, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 04-50501 

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

KEVIN DORAL ROBINSON,

also known as KD Robinson,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. 6:03-CR-38-1

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

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before KING, DeMOSS, and CLEMENT, Circuit Judges.

PER CURIAM:*

This court affirmed the sentence of Kevin Doral Robinson. 

United States v. Robinson, 115 F. App’x 246 (5th Cir. 2004),

cert. granted, vacated and remanded, 125 S. Ct. 1946 (2005). The

Supreme Court vacated and remanded for further consideration in

light of United States v. Booker, 543 U.S. 220 (2005). We

requested and received supplemental letter briefs addressing the

impact of Booker.
No. 04-50501

-2-

Robinson argues that in light of Booker, his sentence must

be vacated because it was based on judicial fact-findings made in

violation of the Sixth Amendment. He specifically challenges the

constitutionality of the district court’s drug quantity

calculation and the enhancement to his sentence for possession of

a firearm. Robinson asserts that the record reflects that the

district court would “likely” impose a lesser sentence if his

case was remanded. 

As an initial matter, because the Government has not invoked

the waiver provisions in the plea agreement, this appeal of

Robinson’s sentence is not precluded. See United States v.

Story, 439 F.3d 226, 230-31 (5th Cir. 2006). Robinson concedes

that he did not raise a constitutional challenge to his sentence

before the district court and that review is for plain error. 

See United States v. Mares, 402 F.3d 511, 520 (5th Cir.), cert.

denied, 126 S. Ct. 43 (2005). The district court did commit

Booker error because Robinson’s sentence was enhanced based on

the district court’s findings as to the drug quantity calculation

and the firearm enhancement. See Booker, 543 U.S. at 244. 

However, Robinson fails to meet his burden of showing that the

error affected his substantial rights. See Mares, 402 F.3d at

521. There is nothing in the record indicating that the district

court would have imposed a lower sentence under an advisory

guidelines scheme. See id.

Because nothing in the Supreme Court’s Booker decision

requires us to change our prior affirmance in this case, we
No. 04-50501

-3-

reinstate our judgment affirming Robinson’s conviction and

sentence.

AFFIRMED.
**EXHIBIT 32.1**

**CERTIFICATION PURSUANT TO  18 U.S.C. SECTION 1350,  AS ADOPTEDPURSUANT TO  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

          The undersigned hereby certifies, in his capacity as Chief ExecutiveOfficer of Modtech Holdings, Inc. (the “Company”), for purposes of 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that based on his knowledge:

|   | • | the Quarterly Report of the Company on Form 10-Q for the quarter ended June 30, 2003 (the “Report”) fully complies with the requirements of Section 13(a) or Section15(d) 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.                                                                            |

Dated:   August 13, 2003

|   | /s/ EVAN M. GRUBER                          |   |
|--------|---------------------------------------------|--------|
|   |                                             |   |
|   | **Evan M. Gruber  Chief Executive Officer** |   |

This certification accompanies this Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 andshall not be deemed filed by the Company for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended.
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 95-50006

PHILIP M. ROSS, doing business as Urban Wildern, SA; ELIZABETH BURMEISTER, Individually and as Representative of Class Members; S. Paul DUBOSE, Individually and as Representative of Class Members; JOHN MARTINEZ, Individually and as Representative of Class Members; CAROLYN LEE OLSEN, Individually and as Representative of Class Members,

Plaintiffs-Appellants,

and

CLASS OF SIMILARLY SITUATED PERSONS OWNING 3,190 ACRES OF APPLEWHITE WATER SUPPLY PARCELS,

Plaintiff,

versus

CITY OF SAN ANTONIO; SAN ANTONIO WATER SYSTEM and SAN ANTONIO DEVELOPMENT AGENCY,

Defendants-Appellees.

Appeal from the United States District Court for the

Western District of Texas

(93 CV 259)

September 15, 1995* Local Rule 47.5 provides: “The publication of opinions that

have no precedential value and merely d ecide particular cases on the basis of well-settled princip les of law imposes needless
expense on the public and burdens on the legal profession.” Pursuant to that Rule, the Court has determined that this opinion should not be published.

2 Before GARWOOD, DUHÉ and PARKER, Circuit Judges. *

PER CURIAM:

Being essentially in agreement with the reasoning of the court

below, the judgment of the district court is

AFFIRMED.
#### § 453.13 The statutory provision.

Section 502(a) of the Act requires that the bond of each “person” handling “funds or other property” who must be bonded be fixed “at the beginning of the organization's fiscal year * * * in an amount not less than 10 percentum of the funds handled by him and his predecessor or predecessors, if any, during the preceding fiscal year, but in no case more than $500,000.” If there is no preceding fiscal year, the amount of each required bond is set at not less than $1,000 for local labor organizations and at not less than $10,000 for other labor organizations or for trusts in which a labor organization is interested.
```

[Federal Register Volume 65, Number 106 (Thursday, June 1, 2000)]
[Notices]
[Page 35121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13612]

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

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

Amendment to Pueblo of Laguna Liquor Control Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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

SUMMARY: This Notice is published in accordance with authority 
delegated by the Secretary of the Interior to the Assistant Secretary--
Indian Affairs by 209 DM 8, and in accordance with the Act of August 
15, 1953, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the Supreme 
Court in Rice v. Rehner, 463 U.S. 713 (1983). I certify that Resolution 
No. 49-99 of the Pueblo of Laguna was duly adopted by the Pueblo of 
Laguna Tribal Council on August 11, 1999. This Amendment to the Pueblo 
of Laguna Liquor Control Ordinance regulates the issuance of licenses 
for the sale of alcohol beverages in package or by the drink for 
consumption on the premises and for the sale of liquor on Sunday or any 
tribal, state or federal election day to the same extent authorized by 
the State of New Mexico.

DATES: This Amendment is effective as of June 1, 2000.

FOR FURTHER INFORMATION CONTACT: Jim D. James, Office of Tribal 
Services, 1849 C Street, NW, MS-4660-MIB, Washington, DC 20240-4001; 
telephone (202) 208-4400.

SUPPLEMENTARY INFORMATION: The amendments to the Pueblo of Laguna 
Liquor Control Ordinance, Resolution No. 49-99, shall read as follows:
    Section 5 (C): ``Authorized sales. Liquor may be sold in package or 
by the drink for consumption on the premises as determined in the sole 
discretion of the Tribal Council. The license or permit issued shall 
state whether the license or permit authorizes package sales and/or 
liquor by the drink sales and if the permit authorizes liquor by the 
drink whether or not the license is limited to a particular type or 
types of liquor,'' and;
    Section 5 (E): ``Sunday and Election Day Sales. Sale of liquor may 
be allowed on Sunday or any tribal, state or federal election day to 
the same extent authorized by the State of New Mexico. No sales should 
be allowed on any day or any time determined by the Tribal Council that 
liquor sales shall be prohibited.''

    Dated: May 23, 2000.
Kevin Gover,
Assistant Secretary--Indian Affairs.
[FR Doc. 00-13612 Filed 5-31-00; 8:45 am]
BILLING CODE 4310-02-P
```
EXHIBIT 32.2


                            Section 906 Certification
                            -------------------------

     The  following  statement  is  provided by the undersigned to accompany the
Form  10-Q  of  the MLM Index Fund pursuant to Section 906 of the Sarbanes-Oxley
Act  of  2002  (18  U.S.C.  1350).

     The  undersigned  certifies  that  the  foregoing Report on Form 10-K fully
complies  with  the requirements of Section 13(a) of the Securities Exchange Act
of  1934  (15  U.S.C.  78m)  and that the information contained in the Form 10-Q
fairly  presents,  in all material respects, the financial condition and results
of  operations  of  the  MLM  Index  Fund.


November 21, 2005

/s/ James A. Mehling
-------------------------------------------
Vice President and Chief Operating Officer
Mount Lucas Management Corporation,
the manager of the MLM Index Fund
Exhibit 23-a**Consent of Independent Registered Public Accounting Firm**     We consent to the incorporation by reference in Registration Statement File Nos. 33-40356,33-52635, 33-58409, 333-25569, 333-80945, 333-32416, 333-56806, 333-83498, 33-52637, 333-83420,33-58407, 333-61488, 333-61490, 333-83418, 333-66169, 333-80943, 333-88669, 333-37898, 333-40354,333-47656, 333-56356, 333-94977, 333-91972, 333-108245, and 333-108247 of our reports dated January12, 2006, with respect to the consolidated financial statements and schedule of ADCTelecommunications, Inc. and subsidiaries, ADC Telecommunications, Inc. management’s assessment ofthe effectiveness of internal control over financial reporting, and the effectiveness of internalcontrol over financial reporting of ADC Telecommunications, Inc., included in this Annual Report(Form 10-K) for the year ended October 31, 2005./s/ Ernst & Young LLPMinneapolis, Minnesota
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 22 - 0455 STATE OF MONTANA,

Plaintiff and Appellee, v. KEITH STACY LEONARD,

Defendant and Appellant.

**ORDER** Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including January 13, 2023, within which to prepare, file, and serve Appellant’s opening brief on appeal.

.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

December 6 2022

12/06/2022
Case Number: DA 22-0455
POST FOCUS EXPOSURE REPORT Page 2 of 12

CASE NUMBER:P060542POST FOCUS EXPOSURE REPORT Page 3 of 12

CASE NUMBER: P060542POST FOCUS EXPOSURE REPORT Page 8 of 12

CASE NUMBER:P060542POST FOCUS EXPOSURE REPORT Page 9 of 12

CASE NUMBER: P060542POST FOCUS EXPOSURE REPORT Page 11 of 12

CASE NUMBER:P060542POST FOCUS EXPOSURE REPORT Page 12 of 12

CASE NUMBER: P060542
§ 570.66 Occupations involved in wrecking, demolition, and shipbreaking operations (Order 15). ( a ) *Finding and declaration of fact.* All occupations in wrecking, demolition, and shipbreaking operations are particularly hazardous for the employment of minors between 16 and 18 years of age and detrimental to their health and well-being.
( b ) *Definition.* The term *wrecking, demolition, and shipbreaking operations* shall mean all work, including clean-up and salvage work, performed at the site of the total or partial razing, demolishing, or dismantling of a building, bridge, steeple, tower, chimney, other structure, ship or other vessel.
[25 FR 9850, Oct. 14, 1960. Redesignated at 28 FR 1634, Feb. 21, 1963, and amended at 28 FR 3450, Apr. 9, 1963. Redesignated and amended at 36 FR 25156, Dec. 29, 1971]
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 Homeland Security

###### U.S. Customs and Border Protection

# AGENCY:

U.S. Customs and Border Protection, Department of Homeland Security.

# ACTION:

Notice of accreditation and approval of Saybolt, LP., as an approved commercial gauger and accredited laboratory.

# SUMMARY:

                        Notice is hereby given that, pursuant to 19 CFR 151.12 and 19 CFR 151.13, Saybolt, LP., 414 Weschester, Corpus Christi, TX 78469, has been approved to gauge and test petroleum and petroleum products for customs purposes, in accordance with the provisions of 19 CFR 151.12 and 19 CFR 151.13. Anyone wishing to employ this entity to conduct laboratory analyses and gauger services should request and receive written assurances from the entity that it is accredited or approved by the U.S. Customs and Border Protection to conduct the specific test or gauger service requested. Alternatively, inquires regarding the specific test or gauger service this entity is accredited or approved to perform may be directed to the U.S. Customs and Border Protection by calling (202) 344-1060. The inquiry may also be sent to                         *cbp.labhq@dhs.gov.*                         Please reference the Web site listed below for a complete listing of CBP approved gaugers and accredited laboratories.                         *http://cbp.gov/​xp/​cgov/​import/​operationssupport/​labsscientificsvcs/​commercial gaugers/.*

# DATES:

The accreditation and approval of Saybolt, LP., Inc., Corpus Christi, TX, as commercial gauger and accredited laboratory became effective on April 6, 2011. The next triennial inspection date will be scheduled for April 2014.

# FOR FURTHER INFORMATION CONTACT:

Donald Cousins, Laboratories and Scientific Services, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue, NW., Suite 1500N, Washington, DC 20229, 202-344-1060.

Dated: August 5, 2011.

Ira S. Reese,

Executive Director, Laboratories and Scientific Services.

[FR Doc. 2011-20622 Filed 8-12-11; 8:45 am]

BILLING CODE 9111-14-P
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 Labor

###### Employment and Training Administration

          - [TA-W-37,587] 

Pursuant to section 221 of the Trade Act of 1974, an investigation was initiated on April 17, 2000, in response to a worker petition which was dated March 30, 2000 on behalf of workers at Milco Industries, New York, New York.

All workers were separated from the subject firm more than one year prior to the date of the petition. Section 223 of the Act specifies that no certification may apply to any worker whose last separation occurred more than one year before the date of the petition. Consequently, further investigation in this case would serve no purpose, and the investigation has been terminated.

Signed in Washington, DC this 9th day of May, 2000.

Grant D. Beale,

Program Manager, Division of Trade Adjustment Assistance.

[FR Doc. 00-13473  Filed 5-30-00; 8:45 am]

BILLING CODE 4510-30-M
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 the Interior

###### Bureau of Land Management

          - [LLID9570000.LL14200000.BJ0000]

# AGENCY:

Bureau of Land Management, Interior.

# ACTION:

Notice of filing of plats of surveys.

# SUMMARY:

The Bureau of Land Management (BLM) has officially accepted the plat of survey of the lands described below in the BLM Idaho State Office, Boise, Idaho, effective 9 a.m., on the date specified.

# FOR FURTHER INFORMATION CONTACT:

Bureau of Land Management, 1387 South Vinnell Way, Boise, Idaho 83709-1657.

# SUPPLEMENTARY INFORMATION:

The BLM will file the plat of survey of the lands described below in the BLM Idaho State Office, Boise, Idaho, on September 14, 2011. This survey was executed at the request of the U.S. Fish and Wildlife Service to meet certain administrative and management purposes.

The lands surveyed are:

The plat constituting the entire survey record of the survey of certain islands in the Snake River, Tps 1 and 2 N., R. 3 West, T. 2 N., R. 4 W., T. 3 N., R. 4 W., T. 3 N., R. 5 W., and T. 4 N., R. 5 W., Boise Meridian, Idaho, was accepted July 29, 2011.

                    The Bureau of Land Management (BLM) will file the plat of survey of the lands described below in the BLM Idaho State Office, Boise, Idaho, 30 days from the date of publication in the                     **Federal Register**                    . This survey was executed at the request of the U.S. Fish and Wildlife Service to meet certain administrative and management purposes.                

Dated: August 2, 2011.

Stanley G. French,

Chief Cadastral Surveyor for Idaho.

[FR Doc. 2011-20668 Filed 8-12-11; 8:45 am]

BILLING CODE 4310-GG-P
§ 36.415 Access to course offerings. ( a ) A recipient shall not provide any course or otherwise carry out any of its education program or activity separately on the basis of sex, or require or refuse participation therein by any of its students on such basis, including health, physical education, industrial, business, vocational, technical, home economics, music, and adult education courses.
( b ) ( 1 ) With respect to classes and activities in physical education at the elementary school level, the recipient shall comply fully with this section as expeditiously as possible but in no event later than one year from September 29, 2000. With respect to physical education classes and activities at the secondary and post-secondary levels, the recipient shall comply fully with this section as expeditiously as possible but in no event later than three years from September 29, 2000.
( 2 ) This section does not prohibit grouping of students in physical education classes and activities by ability as assessed by objective standards of individual performance developed and applied without regard to sex.
( 3 ) This section does not prohibit separation of students by sex within physical education classes or activities during participation in wrestling, boxing, rugby, ice hockey, football, basketball, and other sports the purpose or major activity of which involves bodily contact.
( 4 ) Where use of a single standard of measuring skill or progress in a physical education class has an adverse effect on members of one sex, the recipient shall use appropriate standards that do not have such effect.
( 5 ) Portions of classes in elementary and secondary schools, or portions of education programs or activities, that deal exclusively with human sexuality may be conducted in separate sessions for boys and girls.
( 6 ) Recipients may make requirements based on vocal range or quality that may result in a chorus or choruses of one or predominantly one sex.
#### § 784.15 “State.”

As used in the Act, “State” means “any State of the United States or the District of Columbia or any Territory or possession of the United States” (Act, section 3(c)). The application of this definition in determining questions of “coverage under the Act's definition of “commerce” and “produced” (see §§ 784.12, 784.13) is discussed in part 776 of this chapter, dealing with general coverage.
EXHIBIT 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                       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 accompanying Annual Report on Form 10-KSB of
Marshall Holdings International, Inc. for the fiscal year ending December 31,
2006, I, Richard A. Bailey, Chief Executive Officer of Marshall Holdings
International, Inc., hereby certify pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best
of my knowledge and belief, that:

     1.     Such Annual Report on Form 10-KSB for the fiscal year ending
December 31, 2006, 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 such Annual Report on Form 10-KSB for
the fiscal year ending December 31, 2006, fairly presents, in all material
respects, the financial condition and results of operations of Marshall Holdings
International, Inc.

     Dated: April 16, 2007.

                              /s/  Richard A. Bailey
                              --------------------------------------------------
                              Richard A. Bailey, Chief Executive Officer of
                              Marshall Holdings International, Inc.