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this opinion should not be published and is not precedent except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

August 4, 2005

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-41016

 

UNITED STATES OF AMERICA

Plaintiff - Appellee

v.

ALEJANDRO GARCIA-RAMIREZ

Defendant - Appellant

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

Appeal from the United States District Court

for the Southern District of Texas

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

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before WIENER, BENAVIDES, and STEWART, Circuit Judges.

PER CURIAM:*

The Supreme Court vacated the judgment in this case and

remanded it to this Court to reconsider in light of United States

v. Booker, 543 U.S. ___, 125 S. Ct. 738 (2005). In supplemental

briefing, Garcia-Ramirez argues that resentencing is required

under Booker because the district court sentenced him under a

mandatory sentencing scheme. After review of Garcia-Ramirez’s

claim, we affirm the judgment of the district court.
No. 03-41016

-2-

Garcia-Ramirez raised this challenge to his sentence for the

first time in his petition for writ of certiorari. Because he

has not shown extraordinary circumstances to cure his failure to

raise this issue in district court and on direct appeal, we need

not consider his claim here. United States v. Ogle, ___ F.3d

___, No. 03-60833, 2005 WL 1503538, *1 (5th Cir. Jun 27, 2005)

(holding that an argument not raised in appellant’s original

brief is waived); United States v. Taylor, 409 F.3d 675, 676 (5th

Cir. 2005).

Even if we assume the existence of extraordinary

circumstances, we may review Garcia-Ramirez’s claim only for

plain error. United States v. Mares, 402 F.3d 511, 520 (5th Cir.

2005). Thus, Garcia-Ramirez must show that there is (1) error,

(2) that is plain, and (3) that affects substantial rights. Id.

In light of Booker, we agree that the use of a mandatory

sentencing scheme is clear and obvious error. However, GarciaRamirez has failed to show that the error affected his

substantial rights. He has made no showing that there is a

reasonable probability that, but for the error, the district

court would have imposed a lesser sentence. Id. at 522.

Accordingly, the judgment of the district court is AFFIRMED.
Michigan Supreme Court

Lansing, Michigan

Marilyn Kelly,

 Chief Justice

Michael F. Cavanagh

Elizabeth A. Weaver

Maura D. Corrigan

Robert P. Young, Jr.

Stephen J. Markman

Diane M. Hathaway, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

 _________________________________________ 

 Clerk

February 26, 2010 

y0222 

Order 

 

February 26, 2010 

139867 

PEOPLE OF THE STATE OF MICHIGAN, 

Plaintiff-Appellee, 

v SC: 139867 

 COA: 285639 

Macomb CC: 2007-004542-FC 

TODD ALLEN HARDIN, 

Defendant-Appellant. 

_________________________________________/ 

 On order of the Court, the application for leave to appeal the September 29, 2009 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court.
[Federal Register Volume 76, Number 160 (Thursday, August 18, 2011)]
[Notices]
[Page 51400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21077]


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

DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Importer of Controlled Substances; Notice of Registration

    By Notice dated May 13, 2011, and published in the Federal Register 
on May 27, 2011, 76 FR 30968, Almac Clinical Services Inc., (ACSI), 25 
Fretz Road, Souderton, Pennsylvania 18964, made application by renewal 
to the Drug Enforcement Administration (DEA) to be registered as an 
importer of the following basic classes of controlled substances:

------------------------------------------------------------------------
                             Drug                               Schedule
------------------------------------------------------------------------
Oxycodone (9143).............................................         II
Hydromorphone (9150).........................................         II
Tapentadol (9780)............................................         II
Fentanyl (9801)..............................................         II
------------------------------------------------------------------------

    The company plans to import small quantities of the listed 
controlled substances in dosage form to conduct clinical trials.
    No comments or objections have been received. DEA has considered 
the factors in 21 U.S.C. 823(a) and 952(a), and determined that the 
registration of Almac Clinical Services Inc. (ACSI) to import the basic 
classes of controlled substances is consistent with the public 
interest, and with United States obligations under international 
treaties, conventions, or protocols in effect on May 1, 1971. DEA has 
investigated Almac Clinical Services Inc. (ACSI) to ensure that the 
company's registration is consistent with the public interest. The 
investigation has included inspection and testing of the company's 
physical security systems, verification of the company's compliance 
with state and local laws, and a review of the company's background and 
history. Therefore, pursuant to 21 U.S.C. 952(a) and 958(a), and in 
accordance with 21 CFR 1301.34, the above named company is granted 
registration as an importer of the basic classes of controlled 
substances listed.

     Dated: August 11, 2011.
Joseph T. Rannazzisi,
Deputy Assistant Administrator, Office of Diversion Control, Drug 
Enforcement Administration.
[FR Doc. 2011-21077 Filed 8-17-11; 8:45 am]
BILLING CODE 4410-09-P
###### Editorial Note on Part 117

#### Editorial Note:

Nomenclature changes to part 117 appear by USCG-1998-3799, 63 FR 35529, June 30, 1998.

#### § 117.33 Closure of draw for natural disasters or civil disorders.

Drawbridges need not open for the passage of vessels during periods of natural disasters or civil disorders declared by the appropriate authorities unless otherwise provided for in Subpart B or directed to do so by the District Commander.
###### Editorial Note on Part 117

#### Editorial Note:

Nomenclature changes to part 117 appear by USCG-1998-3799, 63 FR 35529, June 30, 1998.

#### § 117.939 Wando River.

The draw of the S41 bridge, mile 10.0 near Cainhoy, shall open on signal if at least 12 hours notice is given.
#### § 780.113 Seeds, spawn, etc.

Seeds and seedlings of agricultural and horticultural plants are considered “agricultural or horticultural commodities.” Thus, since mushrooms and beans are considered “agricultural or horticultural commodities,” the spawn of mushrooms and bean sprouts are also so considered and the production, cultivation, growing, and harvesting of mushroom spawn or bean sprouts is “agriculture” within the meaning of section 3(f).
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JUL-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                       1,901,000
<SECURITIES>                                         0
<RECEIVABLES>                               71,346,000
<ALLOWANCES>                                   728,000
<INVENTORY>                                 13,217,000
<CURRENT-ASSETS>                            90,133,000
<PP&E>                                      22,923,000
<DEPRECIATION>                               8,099,000
<TOTAL-ASSETS>                             219,667,000
<CURRENT-LIABILITIES>                       73,940,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      4,000
<COMMON>                                       133,000
<OTHER-SE>                                  77,324,000
<TOTAL-LIABILITY-AND-EQUITY>               219,667,000
<SALES>                                     76,450,000
<TOTAL-REVENUES>                            76,450,000
<CGS>                                       63,140,000
<TOTAL-COSTS>                               63,140,000
<OTHER-EXPENSES>                             3,160,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           1,464,000
<INCOME-PRETAX>                              8,711,000
<INCOME-TAX>                                 4,181,000
<INCOME-CONTINUING>                          4,530,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 4,530,000
<EPS-BASIC>                                     0.34
<EPS-DILUTED>                                     0.31


</TABLE>
The Honorable Richard H. Kyle, United States District Judge for the District of 1 Minnesota. United States Court of Appeals FOR THE EIGHTH CIRCUIT

_____________ No. 97-1275

_____________ Carmen C. Reul, * * Appellant, * * Appeal from the United v. * States District Court for * the District of Minnesota. Manpower International, Inc., * * [UNPUBLISHED] Appellee. *

_____________ Submitted: November 17, 1997 Filed: November 26, 1997

_____________ Before BOWMAN, LAY, and MURPHY, Circuit Judges.

_____________ PER CURIAM. Carmen C. Reul appeals from a summary judgment entered by the District Co urt 1 in favor of Manpower International, Inc., a temporary employment agency and th e defendant in Reul's action under the Americans with Disabilities A ct and the Minnesota Human Right s Act. Having reviewed the case, we are satisfied the District Court properly concluded that Reul failed to come forward with sufficient evidence to create a question of fact as to whether Manpower's le gitimate, non-discriminatory reasons for-2-

not placing her in any positions were a pretext for unlawful discrimination. Summary judgment thus was correctly entered. The judgment of the District Court is affirmed. See 8th Cir. R. 47B. A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
EXHIBIT 32(b)  CERTIFICATION OF THE PRINCIPAL FINANCIAL OFFICER PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002  In connection with the annual report of The LGL Group, Inc., (the Company) on Form 10-K for the year ended December 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Harold D. Castle, Principal Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:  1. The report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and  2. The information contained in the report fairly presents, in all material respects, the financial condition and results of operations of the Company.  March 26, 2009/s/  Harold D. CastleName:Harold D. CastleTitle:Chief Financial Officer
(Principal Financial Officer)
MICHAEL A. TORREY

,

Petitioner,

v.

STATE OF FLORIDA

,

Respondent.

___________________________/ IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FIL ED

CASE NO. 1D 14

- 5900

Opinion filed January 30, 2015.

Petition for Writ of Mandamus

-- Original Jurisdiction

.

Michael A. Torrey, pro se , Petitioner.

Pamela Jo Bondi, Attorney General, Tallahassee , for Respondent.

PER CURIAM.

The petition for writ of mandamus is denied as premature.

PADOVANO, CLARK, and MARSTILLER, JJ.

, CONCUR.
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          AUG-31-1996
<PERIOD-START>                             SEP-01-1995
<PERIOD-END>                               AUG-31-1996
<CASH>                                         567,000
<SECURITIES>                                         0
<RECEIVABLES>                                1,678,000
<ALLOWANCES>                                    51,000
<INVENTORY>                                  2,186,000
<CURRENT-ASSETS>                             5,036,000
<PP&E>                                       6,060,000
<DEPRECIATION>                               2,082,000
<TOTAL-ASSETS>                              11,825,000
<CURRENT-LIABILITIES>                        2,061,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     6,157,000
<OTHER-SE>                                   2,487,000
<TOTAL-LIABILITY-AND-EQUITY>                11,825,000
<SALES>                                     12,742,000
<TOTAL-REVENUES>                            12,742,000
<CGS>                                        6,847,000
<TOTAL-COSTS>                                6,847,000
<OTHER-EXPENSES>                             4,551,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              1,344,000
<INCOME-TAX>                                   541,000
<INCOME-CONTINUING>                            803,000
<DISCONTINUED>                               (235,000)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   568,000
<EPS-PRIMARY>                                      .35
<EPS-DILUTED>                                      .35
        

</TABLE>
EXHIBIT 32(a)

Certification of Chief Executive Officer

Pursuant to Section 1350 of Title 18 of the United States Code
as adopted

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

Pursuant to Section 1350 of Title 18 of the United States Code as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the
undersigned, John Aglialoro, the Chairman and Chief Executive Officer of Cybex International, Inc. (the Company), hereby certifies that:

The Companys annual report on Form 10-K for the year ended December 31, 2007 (the Report) fully complies with the requirements of Section 13(a) 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: March 12, 2008 |  |  |  | /s/    JOHN AGLIALORO               
|                      |  |  |  | John Aglialoro                      
|                      |  |  |  | Chairman and Chief Executive Officer

A SIGNED ORIGINAL OF THIS WRITTEN STATEMENT REQUIRED BY SECTION 906 HAS BEEN PROVIDED TO CYBEX INTERNATIONAL, INC.
AND WILL BE RETAINED BY CYBEX INTERNATIONAL, INC. AND WILL BE FURNISHED TO THE SECURITIES AND EXCHANGE COMMISSION OR ITS STAFF UPON REQUEST.
#### § 780.916 “Place of * * * first marketing.”

A “place of * * * first marketing” is the second of the two types of places to which the freshly harvested fruits or vegetables may be transported from the farm under the exemption provided by section 13(b)(16). Typically, a place of first marketing is a farmer's market of the kind to which “delivery to market” is made within the meaning of section 3(f) of the Act when a farmer delivers such commodities there as an incident to or in conjunction with his own farming operations. Under section 13(b)(16), of course, there is no requirement that the transportation be performed by or for a farmer or as an incident to or in conjunction with any farming operations. A place of first marketing may be described in general terms as a place at which the freshly harvested fruits or vegetables brought from the farm are first delivered for marketing, such as a packing plant or an establishment of a wholesaler or other distributor, cooperative marketing agency, or processor to which the fruits or vegetables are first brought from the farm and delivered for sale. A place of first marketing may also be a place of first processing (see *Mitchell* v. *Budd,* 350 U.S. 473) but it need not be. The “first place of packing” to which the just-harvested fruits or vegetables are transported from the farm is intended to be included. (See 107 Cong. Rec. (daily ed.) p. 4523.) Transportation to places which are not first processing or first marketing places is not exempt.
#### § 110.37 Sesuit Harbor, Dennis, Mass.

All the waters of Sesuit Harbor southerly of a line extending between the outer end of the jetties on each side of the entrance to the Harbor.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by USCG-2019-0952, 88 FR 16187, Mar. 16, 2023]
Editorial Note on Part 117
Editorial Note: Nomenclature changes to part 117 appear by USCG-1998-3799, 63 FR 35529, June 30, 1998.

§ 117.1037 Cowlitz River. ( a ) The draw of the Burlington Northern Santa Fe railroad bridge, mile 1.5, shall operate as follows: ( 1 ) The draw shall open on signal if at least 24 hours notice is given.
( 2 ) In the event of an emergency declared by the Cowlitz County Department of Emergency Services, the bridge shall be capable of opening upon two hours notice. Notification of emergencies and requests for openings during emergencies are initiated through the Cowlitz County Department of Emergency Services.
( 3 ) The operating machinery of the draw shall be maintained in a serviceable condition and the draw shall be opened and closed at intervals frequent enough to make certain that the machinery is in proper order for satisfactory operation.
( 4 ) During periods of fog or similar periods of reduced visibility, the drawtender, after acknowledging the signal to open, shall toll a bell continuously during the approach and passage of the vessel.
( b ) The draw of the Allen Street Bridge, mile 5.5, need not open for the passage of vessels.
[CGD13 91-01, 56 FR 23518, May 22, 1991]
###### Editorial Note on Part 117

#### Editorial Note:

Nomenclature changes to part 117 appear by USCG-1998-3799, 63 FR 35529, June 30, 1998.

#### § 117.873 Coos River.

The draw of the Oregon State secondary highway bridge, mile 2.2 near Eastside, shall open on signal if at least 12 hours notice is given.
#### § 95.46 Procurement records.

Procurement records and files for purchases in excess of the simplified acquisition threshold shall include the following at a minimum: (a) basis for contractor selection, (b) justification for lack of competition when competitive bids or offers are not obtained, and (c) basis for award cost or price.

[59 FR 38271, July 27, 1994, as amended at 72 FR 37104, July 9, 2007]
Submitted on record and briefs February 18,

conviction affirmed; remanded for resentencing March 17, 1993

#### STATE OF OREGON, *Respondent, v.*RONALD GENE HUSTEAD, JR., *Appellant.*

(W902599; CA A70506)

848 P2d 147

Sally L. Avera, Public Defender, and Dan Maloney, Deputy Public Defender, Salem, filed the brief for appellant.

Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, Jonathan H. Fussner, Assistant Attorney General, and Robert R. Graves, Certified Law Student, Salem, filed the brief for respondent.

Before Richardson, Chief Judge, and Rossman and De Muniz, Judges.

PER CURIAM

*733PER CURIAM

Defendant appeals his conviction for driving under the influence of intoxicants. ORS 813.010. He contends that the court erred in denying his motion to suppress the results of a blood alcohol test performed at the hospital where he was taken for treatment after an automobile accident. He also challenges a probation condition.

We affirm the conviction without further discussion, but remand for resentencing. The state concedes that the court did not follow ORS 137.540 in ordering defendant to submit to random body substance testing and search of his person, residence, vehicles and property as a condition of probation. We accept that concession.

Conviction affirmed; remanded for resentencing.
DISMISS; and Opinion Filed April 7, 2014.

S

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-12-01366-CV

HELEN CLARK, Appellant

V.

THE BANK OF NEW YORK MELLON, FKA THE BANK OF NEW YORK AS 

TRUSTEE FOR THE CERTIFICATE HOLDERS OF THE CWABS INC. ASSETBACKED CERTIFICATES SERIES 2004-15, Appellee

On Appeal from the County Court at Law No. 2

Dallas County, Texas

Trial Court Cause No. CC-12-04514-B

MEMORANDUM OPINION

Before Justices FitzGerald, Fillmore, and Evans 

Opinion by Justice Fillmore

Appellant’s brief in this case is overdue. By postcards dated November 1, 2013 and 

December 1, 2013, we notified appellant the time for filing her brief had expired. By order dated 

December 5, 2013, we granted appellant’s second motion for extension of time to file her brief 

and ordered the brief filed by January 6, 2014. We cautioned appellant that no further extension 

of time would be granted absent extraordinary circumstances. By postcard dated January 21, 

2014, we again notified appellant the time for filing her brief had expired. We directed appellant 

to file both her brief and an extension motion within ten days. We cautioned appellant that 

failure to file her brief and an extension motion would result in the dismissal of this appeal 

without further notice. To date, appellant has not filed her brief, an extension motion, or 

otherwise corresponded with the Court regarding the status of her brief. 
–2–

Accordingly, we dismiss this appeal. See TEX. R. APP. P. 38.8(a)(1); 42.3(b)(c).

121366F.P05

/Robert M. Fillmore/

ROBERT M. FILLMORE

JUSTICE
–3–

Court of Appeals

S

Fifth District of Texas at Dallas

JUDGMENT

HELEN CLARK, Appellant

No. 05-12-01366-CV V.

THE BANK OF NEW YORK MELLON 

FKA THE BANK OF NEW YORK AS 

TRUSTEE FOR THE 

CERTIFICATEHOLDERS OF THE 

CWABS INC. ASSET-BACKED 

CERTIFICATES SERIES 2004-15, 

Appellee

On Appeal from the County Court at Law 

No. 2, Dallas County, Texas

Trial Court Cause No. CC-12-04514-B.

Opinion delivered by Justice Fillmore. 

Justices FitzGerald and Evans participating.

In accordance with this Court’s opinion of this date, this appeal is DISMISSED.

It is ORDERED that appellee THE BANK OF NEW YORK MELLON FKA THE 

BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE 

CWABS INC. ASSET-BACKED CERTIFICATES SERIES 2004-15 , recover its costs of this 

appeal from appellant HELEN CLARK.

Judgment entered this 7th day of April, 2014.

/Robert M. Fillmore/

ROBERT M. FILLMORE

JUSTICE
Court of Appeals of the State of Georgia Clerk's Office, Atlanta, April 03, 2024. I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written. , Clerk. 

# Court of Appeals of the State of Georgia
ATLANTA, April 03, 2024 The Court of Appeals hereby passes the following order A24D0282. JENNIE L. DOYLE v. ADON D. HAAS.
Upon consideration of the Application for Discretionary Appeal, it is ordered that it be hereby GRANTED. The Appellant may file a Notice of Appeal within 10 days of the date of this order. The Clerk of Superior Court is directed to include a copy of this order in the record transmitted to the Court of Appeals.
LC NUMBERS: 22A01781