alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 05-4340

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

DEON CHRISTOPHER NOWELL, a/k/a Sandra D.

Crawley,

Defendant - Appellant.

Appeal from the United States District Court for the District of

South Carolina, at Charleston. David C. Norton, District Judge.

(CR-04-680)

Submitted: January 4, 2006 Decided: January 24, 2006

Before WILKINSON, SHEDD, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Melisa W. Gay, GAY & ASSOCIATES, P.C., Mt. Pleasant, South

Carolina, for Appellant. Jonathan S. Gasser, Acting United States

Attorney, Columbia, South Carolina; Brent Alan Gray, Assistant

United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY,

Charleston, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Defendant Deon Nowell pleaded guilty on October 13, 2004 to

multiple drug and gun offenses. These offenses included, inter

alia, possession of fifty or more grams of “crack” cocaine with

intent to distribute, see 21 U.S.C. § 841(a)(1) (2000), and

possession of a firearm in furtherance of a drug trafficking crime,

see 18 U.S.C. § 924(c)(1)(A)(I) (2000). Because Nowell has prior

drug convictions, the former carries a mandatory minimum sentence

of 240 months. See 21 U.S.C. § 841(b)(1)(A)(iii) (2000 & Supp. II

2002). The latter carries a mandatory minimum sentence of 60

months, to be served consecutively to the sentence for the

underlying drug crime. See 18 U.S.C. § 924(c)(1)(A)(I). 

The district court consequently imposed a 300-month sentence.

Nowell filed a motion for a downward departure pursuant to U.S.S.G.

§§ 5K2.0 and 5H1.4, which the district court denied. Nowell

appeals.

We affirm. United States v. Booker, 125 S. Ct. 738 (2005),

“did nothing to alter the rule that judges cannot depart below a

statutorily provided minimum sentence.” United States v. Robinson,

404 F.3d 850, 862 (4th Cir. 2005). Departure below a statutory

mandatory minimum is authorized only on a motion by the government

based upon a defendant’s substantial assistance. See id.; see also

18 U.S.C. § 3553(e) (Supp. II 2002). The government made no such
3

motion here, and the district court correctly recognized that it

therefore had no authority to reduce Nowell’s sentence. 

We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before us and

argument would not aid the decisional process.

AFFIRMED
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 19-50525

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

LUIS FERNANDO RAMIREZ,

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 4:18-CR-729-1

Before DAVIS, SMITH, and HIGGINSON, Circuit Judges.

PER CURIAM:*

Luis Fernando Ramirez appeals his conviction for illegal reentry into the 

United States, a violation of 8 U.S.C. § 1326. He challenges the district court’s 

denial of his motion to dismiss the indictment, which he reserved the right to 

appeal when he conditionally pleaded guilty. See FED. R. CRIM. P. 11(a)(2). 

Relying on Pereira v. Sessions, 138 S. Ct. 2105 (2018), Ramirez argues that his 

prior removal order was invalid because the notice to appear (NTA) was 

* 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

March 6, 2020

Lyle W. Cayce

Clerk

 Case: 19-50525 Document: 00515335255 Page: 1 Date Filed: 03/06/2020
No. 19-50525

2

defective for failing to include the date and time of his removal hearing. 

Ramirez therefore asserts that his prior removal could not support a conviction 

for illegal reentry under § 1326. He concedes that this challenge 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), petition for cert. filed (U.S. Dec. 16, 2019) (No. 19-779), but 

he raises the issue to preserve it for further review. The Government has filed 

an unopposed motion for summary affirmance, agreeing that the issue is 

foreclosed by Pedroza-Rocha and Pierre-Paul. In the alternative, the 

Government requests an extension of time to file a brief.

Summary affirmance is appropriate if “the position of one of the parties 

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 parties are correct that Ramirez’s arguments are 

foreclosed. See Pedroza-Rocha, 933 F.3d at 492-98. Accordingly, the 

Government’s motion for summary affirmance is GRANTED, the 

Government’s alternative motion for an extension of time to file a brief is 

DENIED, and the judgment of the district court is AFFIRMED.

 Case: 19-50525 Document: 00515335255 Page: 2 Date Filed: 03/06/2020
#### § 780.515 Processing requirements of section 13(a)(14).

When it has been determined that an employee is an “agricultural employee employed in the growing and harvesting of shade-grown tobacco,” to whom section 13(a)(14) of the Act may apply, it then becomes necessary to ascertain whether he is “engaged in the processing * * * of such tobacco, prior to the stemming process, for use as Cigar-wrapper tobacco.”
III 

110TH CONGRESS 

1ST SESSION S. RES. 159 

Commending the Association for Advanced Life Underwriting on its 50th 

anniversary. 

IN THE SENATE OF THE UNITED STATES 

APRIL 18, 2007 

Mr. LOTT (for himself and Mr. CONRAD) submitted the following resolution; 

which was considered and agreed to 

RESOLUTION 

Commending the Association for Advanced Life Underwriting 

on its 50th anniversary. 

Whereas, for 50 years, Association for Advanced Life Underwriting members have been increasingly strong advocates 

for advanced life insurance planning and its benefits to 

millions of Americans; 

Whereas, the Association for Advanced Life Underwriting has 

helped educate Congress and the country about the trillions of dollars of protection, savings, and capital and 

millions of jobs provided by life insurance products; 

Whereas, Association for Advanced Life Underwriting members have helped Americans with long-term estate, business, pension, and deferred compensation planning; 


jlentini on PROD1PC65 with BILLS
2 

•SRES 159 ATS 

Whereas, Association for Advanced Life Underwriting members have been very active participants in our democracy, 

particularly at the Federal or congressional level, providing their real life, market-based expertise on issues involving life insurance; 

Whereas, the Association for Advanced Life Underwriting has 

provided technical assistance on a variety of life insurance-related matters to the Department of the Treasury, 

the Internal Revenue Service, the Office of the Comptroller of the Currency, the Department of Labor, and 

the Financial Accounting Standards Board; 

Whereas, the Association for Advanced Life Underwriting has 

advocated in both the Federal and State legislatures for 

reforms needed to assure that life insurance is used appropriately for the benefit of clients and the general public; 

Whereas, the Association for Advanced Life Underwriting has 

worked to unify the life insurance industry to better advocate in the interests of the American public; and 

Whereas, the Association for Advanced Life Underwriting has 

worked to reflect the high level of commitment, principles, and expertise of its members and leaders: Now, 

therefore, be it 

1 Resolved, That— 

2 (1) the Association for Advanced Life Under3 writing is congratulated on its 50th anniversary; and 

4 (2) the Association for Advanced Life Under5 writing is wished continued success during its next 

6 50 years. 

Æ 


jlentini on PROD1PC65 with BILLS
#### § 785.36 Home to work in emergency situations.

There may be instances when travel from home to work is overtime. For example, if an employee who has gone home after completing his day's work is subsequently called out at night to travel a substantial distance to perform an emergency job for one of his employer's customers all time spent on such travel is working time. The Divisions are taking no position on whether travel to the job and back home by an employee who receives an emergency call outside of his regular hours to report back to his regular place of business to do a job is working time.
Exhibit 99.1



              Certifications in Accordance with Section 906 of the
                           Sarbanes-Oxley Act of 2002






                            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 Quarterly Report of GSL Holdings, Inc. (the "Company") on
Form 10-QSB for the period  ending June 30, 2002,  as filed with the  Securities
and Exchange Commission on the date hereof (the "Report"),  I, Luis Chang, Chief
Executive  Officer of the Company,  certify,  pursuant to 18 U.S.C. ss. 1350, as
adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that, to the best
of my knowledge and belief:

  (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 result of operations of the Company.


    /s/ Luis Chang
------------------------
Luis Chang
Chief Executive Officer

Date August 13, 2002
     -------------------















                                       18

<PAGE>



                            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 Quarterly Report of GSL Holdings, Inc. (the "Company") on
Form 10-QSB for the period  ending June 30, 2002,  as filed with the  Securities
and  Exchange  Commission  on the date  hereof  (the  "Report"),  I,  Henry Fan,
Principal Financial Officer of the Company,  certify,  pursuant to 18 U.S.C. ss.
1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that, to
the best of my knowledge and belief:

  (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 result of operations of the Company.


      /s/ Henry Fan
---------------------------
Henry Fan
Principal Financial Officer

Date August 13, 2002
     -----------------------


























                                       19
Exhibit 4.122


 


Power of Attorney


 


	Principal:	Junhong Chen
	ID No.:	350203197504274032
	Address:	Room 17, No.442 Siming South Road, Siming District, Xiamen, Fujian Province.
	 	 
	Agent:	Leilei Wang
	ID No.:	110102197304020437
	Address:	No.1001, Building 1, Xiao Yang Yi Bin Hutong, Dongcheng District, Beijing


 


The Principal, Junhong Chen, a citizen of the
People’s Republic of China, hereby authorizes Mr. Wang Leilei to exercise all voting powers as a shareholder of Xiamen
Xinreli Technology Co., Ltd. (“Xinreli”) during the term of this Power of Attorney, including not limited
to acting as the authorized representative to nominate and elect senior management officers such as directors, general manager
at shareholders’ meetings of Xinreli.


 


Unless consented by the board of directors
of KongZhong Information Technologies (Beijing) Co., Ltd. (“KongZhong Beijing”), the aforesaid authorization
is irrevocable. The Principal also agrees that KongZhong Beijing is entitled to appoint a new agent to replace the original agent,
and will execute relevant documents and take all necessary actions to complete the new appointment.


 


The Agent, with the authorization of the Principal,
shall exercise shareholders’ voting powers of Xinreli with due diligence and care, and will act in accordance with directions
of the board of directors of KongZhong Beijing.


 


This Power of Attorney will come into effect
on the date of execution and will expire upon dissolution of KongZhong Beijing.


 





	/s/ Junhong Chen 	(Signature) 
	Junhong Chen
	Date: December 1, 2014
(80 South. 145)

#### HARRELL v. HOOKS.

(1 Div. 268.)

(Court of Appeals of Alabama.

Nov. 12, 1918.)

Appeal and Error &wkey;>1081 (1) — Prejudicial Error — Court Rules.

Appellant must make it appear that an error was prejudicial, under the Supreme Court rule 45 (175 Ala. xxi, 61 South, ix); injury no longer being presumed.

Appeal from Circuit Court, Washington County; Ben D. Turner, Judge.

Action between C. Eugene Harrell and Mrs. Ella E. Hooks, as executrix. Judgment in favor of the latter, and the former appeals.

Affirmed.

Granade & Granade, of Ghatom, for appel-' lant.

W. D. Dunn, of Grove Hill, and Armbrecht, McMillan *&*Oaffey, and Gordon & Edington, all of Mobile, for appellee.

BRIOKEN, J.

On a previous day at the last term of this court, in response to a motion of appellee, the bill of exceptions in this case was stricken. All errors assigned, having reference to matters to be shown by the bill of exceptions, are concluded.

Several errors are assigned on the record, as to rulings on demurrers to pleas; but in view of the fact that there is no bill of exceptions, and assuming, without so deciding, that the court did err in the particulars named, it is not made to appear that the error was prejudicial to appellant. This is necessary under Supreme Court rule 45 (175" Ala. xxi, 61 South, ix).

Injury is no longer presumed. Wilson v. Owens Horse & Mule Co., 14 Ala. App. 467, 70 South. 956.

Affirmed.
[Federal Register Volume 76, Number 158 (Tuesday, August 16, 2011)]
[Notices]
[Page 50715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20771]


========================================================================
Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

========================================================================


Federal Register / Vol. 76, No. 158 / Tuesday, August 16, 2011 / 
Notices

[[Page 50715]]



 DEPARTMENT OF STATE

Agency for International Development


Briefing on Partner Vetting System Pilot Program

AGENCY: U.S. Department of State and U.S. Agency for International 
Development.

ACTION: Notice of briefing.

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

SUMMARY: Notice is hereby given of a briefing on the Partner Vetting 
System (PVS) pilot program. The objective of the briefing is to provide 
information about the PVS pilot program. Members of the public may 
attend in person or join via teleconference.
    Officials from the U.S. Department of State (State) and U.S. Agency 
for International Development (USAID) will brief on the PVS pilot 
program. The briefing will be followed by an open forum for discussion 
where public participation is encouraged. The agenda is subject to 
change.

DATES: The briefing will take place on Thursday September 8, 2011, from 
2:30 p.m.-3:30 p.m. E.D.T.
    Registration: Although the briefing is free and open to the public, 
registration is required for attendance. Please e-mail <a href="/cdn-cgi/l/email-protection#0d585e4c4449525f5e5b5d394d787e6c6469236a627b"><span class="__cf_email__" data-cfemail="530600121a170c0100050367132620323a377d343c25">[email protected]</span></a> to register and receive location or call-in 
information. Please specify whether you wish to attend in person or 
call in. As space is limited, members of the public interested in 
attending in person will be accommodated in order of registrations 
received.

    Dated: August 9, 2011.
Lisa M. Farrell,
Management Analyst, U.S. Department of State, Bureau of Administration, 
Office of Logistics Management, Office of Risk Analysis and Management.
    Dated: August 8, 2011.
David Barth,
Deputy Chief of Staff, U.S. Agency for International Development, 
Bureau of Legislative and Public Affairs.
[FR Doc. 2011-20771 Filed 8-15-11; 8:45 am]
BILLING CODE P


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</html>
EXHIBIT 32.2



Certification of Chief Financial 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 Mercury General Corporation (the Company) hereby certifies, to such officers knowledge, that:



(i) the accompanying Annual Report on Form 10-K of the Company for the
period ended December 31, 2007 (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) the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the Company.



|                        |  |  |  |                                                            
|----------------------- |  |  |  | -----------------------------------------------------------
|                        |  | 
|Date: February 25, 2008 |  |  |  | /s/    THEODORE STALICK                                    
|                        |  |  |  | Theodore Stalick, Vice President andChief Financial Officer



The foregoing certifications are being furnished
solely to accompany the Report pursuant to 18 U.S.C. §1350, and are not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and are not to be incorporated by reference into any filing of the Company,
whether made before or after the date hereof, regardless of any general incorporation language in such filing.
<PAGE>
 
                                                                    Exhibit 23.1

The Board of Directors
Mercury General Corporation



     We consent to incorporation by reference in the registration statement No.
33-4461 on Form S-8 of Mercury General Corporation of our reports dated March
22, 1996, relating to the consolidated balance sheets of Mercury General
Corporation and subsidiaries as of December 31, 1995 and 1994, and the related
consolidated statements of income, shareholders' equity, and cash flows and
related schedules for each of the years in the three-year period ended December
31, 1995, which reports appear in the December 31, 1995 annual report on Form
10-K of Mercury General Corporation.



                            KPMG PEAT MARWICK LLP



Los Angeles, California
March 22, 1996
### Geology of damsites on Flathead River, mouth to Flathead Lake, Lake and Sanders Counties, Montana

By: Kenneth S. Soward

                            https://doi.org/10.3133/wsp1550

#### Links

-                                                                                                                             Document:                                                                                                                                                                                                                                                  **Report**                                                                                                     (pdf)                                                                                                                                     
- Plates:                               - **Plate 1**                            (pdf)
  - **Plate 2**                            (pdf)
  - **Plate 3**                            (pdf)
  - **Plate 4**                            (pdf) 
- NGMDB Index Pages:                               - **Buffalo damsite #1**                            (html)
  - **Buffalo damsite #2**                            (html)
  - **Damsite 4**                            (html)
  - **Knowles damsite**                            (html)
  - **Oxbow damsite**                            (html)
  - **Perma damsite**                            (html)
  - **Sloan Bridge damsite**                            (html) 
- Download citation as:  RIS                         |                         Dublin                            Core

#### Abstract

No abstract available.

#### Study Area

Part or all of this report is presented in Portable Document Format                        (PDF). For best results viewing and printing PDF documents, it is recommended that you download                        the documents to your computer and open them with Adobe Reader. PDF documents opened from your                        browser may not display or print as intended. Download the latest version of Adobe Reader, free of charge. More information                        about viewing, downloading, and printing report files can be found at the common download problems FAQ.
**Exhibit
      32.1**




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-Q 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
      1, 2006




/s/
      Timothy J. Rudderow


Timothy
      J. Rudderow


President


Mount
      Lucas Management Corporation,


Manager
      of the MLM Index Fund
**Exhibit 12.2**

**Madison Gas and Electric Company**

**Ratio of Earnings to Fixed Charges**

**Twelve Months Ended December 31, 2003*****(In thousands)***
 
**Earnings** Income before interest expense        $42,088ATC equity earnings (3,687)Income before interest expense,        net of ATC equity earnings 38,401Add:  Income tax items 19,094 Income tax on other income 463 Income distribution from equity        investee 2,640 AFUDC - borrowed funds 230 Interest on rentals* 967 Amortization of debt discount        484*Total Earnings Before Interest        and Taxes*$62,278 **Fixed Charges** Interest on long-term debt $11,558Amortization of debt discount        484Other interest 201Interest on rentals* 967*Total Fixed Charges*$13,210 **Ratio of Earnings to        Fixed Charges**4.71x
#### § 780.908 Relation of employee's work to specified transportation.

In order for the exemption to apply to an employee, he must be engaged “in the transportation and preparation for transportation” of the just-harvested fruits or vegetables from the farm to the specified places within the same State. Engagement in other activities is not exempt work. The employee must be actually engaged in the described operations. The exemption is not available for other employees of the employer, such as office, clerical, and maintenance workers.