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

No. 15

- 20643 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.
ALEJANDRO REVILLA

- GUEVARA , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:15

- CR

- 194

- 1

Before HIGGINBOTHAM, JONES, and HIGGINSON, Circuit Judges. PER CURIAM: * The attorney appointed to represent Alejandro Revilla

- Guevara has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Revilla

- Guevara has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Revilla

- Guevara ’s claim of ine ffective assista nce of counsel; we therefore decline to consider the claim

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED October 1 8 , 2016

Lyle W. Cayce Clerk Case: 15-20643 Document: 00513721822 Page: 1 Date Filed: 10/18/2016No. 15

- 20643

2 without prejudice to collateral review. See United States v. Isgar , 739 F.3d 829, 841 (5th Cir. 2014 )

. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Revilla

- Guevara ’s response. We concur with counsel’ s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, the motion for leave to withdraw is GRANTED, Revilla

- Guevara’s motion for the appointment of substitute counsel is DENIED, counsel is excused from further respo nsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR

. R . 42.2. Case: 15-20643 Document: 00513721822 Page: 2 Date Filed: 10/18/2016
Argued and submitted February 25,

affirmed November 9, 1994

#### STATE OF OREGON, *Appellant, v.*GREGORY EUCLID MONTGOMERY, *Respondent.*

(92CR2600FE; CA A79608)

883 P2d 1342

Jonathan H. Fussner, Assistant Attorney General, argued the cause for appellant. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

David K. Allen, Deputy Public Defender, argued the cause for respondent. With him on the brief was Sally L. Avera, Public Defender.

Before Rossman, Presiding Judge, and De Muniz and Leeson, Judges.

PER CURIAM

*289PER CURIAM

This case presents the same issues that were presented in *State v. Sharp,*131 Or App 148, 883 P2d 916 (1994), which affirmed the trial court by an equally divided court. The same result is mandated here.

Affirmed.
#### Mitchell D. FIELDS, Appellant, v. UNITED PARCEL SERVICE, Appellee.

No. 03-2290.

United States Court of Appeals, Eighth Circuit.

Submitted Feb. 24, 2004.

Decided March 18, 2004.

Mitchell D. Fields, St. Louis, MO, for Plaintiff-Appellant.

Daniel K. O’Toole, Armstrong & Teasdale, St. Louis, MO, for Defendant-Appel-lee.

Before BYE, MCMILLIAN, and RILEY, Circuit Judges.

PER CURIAM.

Mitchell Fields (Fields) appeals the district court’s 1 adverse grant of summary judgment in Fields’s Title VII race discrimination action. On appeal, Fields submits additional evidence in opposition to summary judgment. This evidence is untimely and the submission is denied. *See Griffin v. Super Valu,*218 F.3d 869, 871 (8th Cir.2000) (noting evidence not before the district court will not be considered on appeal). Upon de novo review, we affirm for the reasons stated by the district court. *See*8th Cir. R. 47B.

1

. The Honorable Jean C. Hamilton, United States District Judge for the Eastern District of Missouri.
§ 68.106 Notification to provider of wireline telecommunications. ( a ) *General.* Customers connecting terminal equipment or protective circuitry to the public switched telephone network shall, upon request of the provider of wireline telecommunications, inform the provider of wireline telecommunications of the particular line(s) to which such connection is made, and any other information required to be placed on the terminal equipment pursuant to § 68.354 of this part by the Administrative Council for Terminal Attachments.
( b ) *Systems assembled of combinations of individually-approved terminal equipment and protective circuitry.* Customers connecting such assemblages to the public switched telephone network shall, upon the request of the provider of wireline telecommunications, provide to the provider of wireline telecommunications the following information: For each line: ( 1 ) Information required for compatible operation of the equipment with the communications facilities of the provider of wireline telecommunications;
( 2 ) The identifying information required to be placed on terminal equipment pursuant to § 68.354 for all equipment dedicated to that line; and
( 3 ) Any other information regarding equipment dedicated to that line required to be placed on the terminal equipment by the Administrative Council for Terminal Attachments.
( 4 ) A list of identifying numbers required to be placed on terminal equipment, if any, by the Administrative Council for Terminal Attachments, pursuant to § 68.354 of this part, for equipment to be used in the system.
( c ) *Systems using other than “fully protected” premises wiring.* Customers who intend to connect premises wiring other than “fully protected” premises wiring to the public switched telephone network shall, in addition to the foregoing, give notice to the provider of wireline telecommunications in accordance with § 68.215(e).
[66 FR 7582, Jan. 24, 2001]
1

The Honorable Linda R. Reade, Chief Judge, United States District Court for

the Northern District of Iowa.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 07-1306

___________

United States of America, *

*

Plaintiff-Appellee, *

* Appeal from the United States 

v. * District Court for the Northern

* District of Iowa.

Robert Wilson Jr., *

* [UNPUBLISHED]

Defendant-Appellant. *

___________

Submitted: November 13, 2007

Filed: November 19, 2007

___________

Before MELLOY, BEAM, and SHEPHERD, Circuit Judges.

___________

PER CURIAM.

Following a conviction for robbery affecting interstate commerce under the

Hobb’s Act, 18 U.S.C. § 1951(a), and gun charges under 18 U.S.C. §§ 922(g) and

924(c), Defendant Robert Wilson Jr. was sentenced to life imprisonment under the

three-strikes provisions of 18 U.S.C. § 3559(c). On appeal, we affirmed as to most

matters but reversed the application of § 3559(c) and remanded for resentencing.

United States v. Dobbs, 449 F.3d 904 (8th Cir. 2006). On remand, the district court1

sentenced Wilson at the bottom of an uncontested Sentencing Guidelines range of 360

months to life. In addition, the district court imposed a mandatory, consecutive 84
-2-

month sentence under § 924(c)(1)(A)(ii), bringing Wilson’s total sentence to 444

months’ imprisonment. This sentence was identical to that of his co-defendant in the

robbery who had a less extensive criminal history.

Wilson appeals, arguing only that his sentence is unreasonable under United

States v. Booker, 543 U.S. 220 (2005). We find his arguments to be without merit.

The district court adequately considered the relevant sentencing factors under 18

U.S.C. § 3553(a), and we affirm in accordance with Eighth Circuit Rule of Appellate

Procedure 47B.

______________________________
CHIEF FINANCIAL OFFICER CERTIFICATION

I, Keith Nguyen, certify that:

1.   I have reviewed this quarterly report on Form 10-QSB of Datalogic
International, Inc.;

2.   Based on my knowledge, this quarterly report does not contain any untrue
statement of a material fact or omit to state a material fact necessary to
make the statement made, in light of the circumstances under which statements
were made, not misleading with respect to the period covered by this quarterly
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 small
business issuer as of, and for, the periods presented in this report.

4.   The small business issuer's other certifying officer 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)) for the
small business issuer 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 small business issuer,
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) Evaluated the effectiveness of the small business issuer'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; and

     (c) Disclosed in this report any change in the small business issuer's
internal control over financial reporting that occurred during the small
business issuer's most recent fiscal quarter (the small business issuer's
fourth fiscal quarter in the case of an annual report) that has materially
affected, or is reasonably likely to materially affect, the small business
issuer's internal control over financial reporting; and

5.   The small business issuer's other certifying officer and I have
disclosed, based on our most recent evaluation of internal control over
financial reporting, to the small business issuer's auditors and the audit
committee of small business issuer's board of directors (or persons performing
the equivalent function):

     (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 small business issuer's ability to record,
process, summarize and report financial information; and

     (b) Any fraud, whether or not material, that involves management or other
employees who have a significant role in the small business issuer's internal
control over financial reporting.

                                 /s/  Keith Nguyen
Date: November 13, 2003         ____________________________________________
                                Chief Financial Officer
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS OF GOLDEN SKY DBS, INC. AS OF SEPTEMBER 30,
1999 AND FOR THE NINE MONTHS THEN ENDED AND IS QUALIFIED IN ITS ENTIRETY TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                           5,880
<SECURITIES>                                         0
<RECEIVABLES>                                   12,947
<ALLOWANCES>                                     (852)
<INVENTORY>                                      7,223
<CURRENT-ASSETS>                                54,526
<PP&E>                                          10,118
<DEPRECIATION>                                 (3,611)
<TOTAL-ASSETS>                                 318,061
<CURRENT-LIABILITIES>                           91,424
<BONDS>                                        303,476
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                    (83,992)
<TOTAL-LIABILITY-AND-EQUITY>                   318,061
<SALES>                                              0
<TOTAL-REVENUES>                                97,157
<CGS>                                                0
<TOTAL-COSTS>                                   61,205
<OTHER-EXPENSES>                               101,782
<LOSS-PROVISION>                                 1,209
<INTEREST-EXPENSE>                              33,241
<INCOME-PRETAX>                               (97,063)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (97,063)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                (2,935)
<CHANGES>                                            0
<NET-INCOME>                                  (99,998)
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
164P15

#### State v. Charles Gilbert Gillespie

Def’s PDR Under N.C.G.S. § 7A-31 (COA14-953)

Denied
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 01-41299 

Summary Calendar

 

PHILLIP JOE BARNES,

Plaintiff-Appellant,

versus

MIKE RATCLIFF, Victoria County Sheriff; RAYMUND RUIZ, 

Captain; CHARLES HENIN; KELLY ALEXANDER; MARISA KING; 

VICTORIA COUNTY SHERIFF'S DEPARTMENT; MIKE ANDES; FREDDIE 

NEISSER; JOE GARCIA; JOHNNY VALDEZ; LUIS MARTINEZ; FRANK 

CASILLAS; JEFF THOMPSON; FRANK ZDANSKY; GERALD LAGRANGE; DAN

SMITH, 

Defendants-Appellees.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. V-99-CV-42

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

December 13, 2002

Before KING, Chief Judge, and SMITH and DENNIS, Circuit Judges.

PER CURIAM:*

Phillip Joe Barnes appeals the district court’s summary

judgment for the defendants in his civil rights suit filed

pursuant to 42 U.S.C. § 1983. Barnes raises as his sole issue on

appeal that the district court erred when it granted summary

judgment for the defendants when his motion to compel discovery
No. 01-41299

-2-

was still pending. The district court did not abuse its

discretion in denying Barnes’s request for additional discovery

given that Barnes failed to specify what additional information

he needed and that he was less than diligent in seeking

additional discovery. Chevron U.S.A., Inc. v. Traillour Oil Co.,

987 F.2d 1138, 1155-56 (5th Cir. 1993).

The judgment of the district court is AFFIRMED. Barnes’s

motions for appointment of counsel and publication of our opinion

are DENIED.
#### § 43.62 [Reserved]
I

103D CONGRESS

2D SESSION H. R. 4670

To amend title 38, United States Code, to provide an increase in the specially

adapted housing grant.

IN THE HOUSE OF REPRESENTATIVES

JUNE 28, 1994

Mr. SANGMEISTER (by request) introduced the following bill; which was

referred to the Committee on Veterans’ Affairs

A BILL

To amend title 38, United States Code, to provide an

increase in the specially adapted housing grant.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That section 2102(a) of title 38, United States Code, is

4 amended by striking out ‘‘$38,000’’ and inserting in lieu

5 thereof ‘‘$45,000’’.

Æ
yearID sourceTypeID sourceTypePopulation

2009 11 4610 2009 21 61284 2009 31 44428 2009 32 14843 2009 41 67 2009 42 38 2009 43 457 2009 51 43 2009 52 2786 2009 53 346 2009 54 641 2009 61 603 2009 62 705
Exhibit 99.1

FORWARD-LOOKING STATEMENTS

This Annual Report on Form 10-K for the year ended December 31, 2009 contains forward-looking statements,
which are statements about matters that are not historical or current facts. In addition, our management may from time to time make forward-looking statements orally to analysts, investors, the news
media and others. Forward-looking statements often include words such as "expects," "anticipates," "intends," "plans," "believes," "seeks," "estimates," "will," "would," "should," "could," "may" or
similar words. Among the forward-looking statements in this report are statements relating to:



---





---





---





Forward-looking
statements reflect our management's beliefs, expectations or predictions of future conditions, events or results based on various assumptions, information currently
available to our management and management's estimates of trends and economic factors in the markets in which we are active, as well as our business plans. They are not guarantees of future
performance. By their nature, forward-looking statements are subject to risks and uncertainties. Our actual results and financial condition may differ, possibly materially, from the anticipated
results and financial condition

---



indicated
in these forward-looking statements. There are a number of factors that could cause actual conditions, events or results to differ materially from those described in the forward-looking
statements contained in this report. A discussion of certain factors that could cause actual conditions, events or
results to differ materially from those expressed in any forward-looking statements appears in "Part I, Item 1ARisk Factors."

Readers
are cautioned not to place undue reliance on forward-looking statements in this report or that we make from time to time, and to consider carefully the factors discussed in
"Part I, Item 1ARisk Factors" in evaluating these forward-looking statements. These forward-looking statements are representative only as of the date they are made, and we
undertake no obligation to update any forward-looking statement as a result of new information, future events or otherwise.

---



QuickLinks
§ 32.2682 Leasehold improvements. ( a ) This account shall include the original cost of leasehold improvements made to telecommunications plant held under a finance or operating lease, which are subject to amortization treatment. This account shall also include those improvements which will revert to the lessor.
( b ) Improvements to leased telecommunications plant which are of a relatively minor cost or short life or for which the period of the lease is one year or less shall be charged to the account chargeable with the cost of repairs to such plant.
( c ) Amounts contained in this account shall be amortized over the term of the related lease.
[51 FR 43499, Dec. 2, 1986, as amended at 67 FR 5687, Feb. 6, 2002; 69 FR 53649, Sept. 2, 2004; 82 FR 20841, May 4, 2017; 84 FR 4730, Feb. 19, 2019]
#### § 69.101 General.

Except as provided in § 69.1 and subpart C of this part, charges for each access element shall be computed and assessed as provided in this subpart.

[55 FR 42386, Oct. 19, 1990]
Ex. 99.2

                                  HIV-VAC, INC.
                            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 amended  Quarterly  Report of HIV-VAC,  Inc. (the
"Company") on Form  10-QSB/A for the period  ending  December 31, 2002, as filed
with the Securities and Exchange  Commission on the date hereof (the  "Report"),
I,  Sally Del  Principe,  the Chief  Financial  Officer of the  Company,  hereby
certify,  pursuant to 18 U.S.C.  ss. 1350, as adopted pursuant to ss. 906 of the
Sarbanes-Oxley Act of 2002, that:

(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/ Sally Del Principe
                                                     ----------------------

                                                     Sally Del Principe

                                                     Chief Financial Officer
March 11, 2003











                                       20
§ 14.1 Applicability. Except as provided in §§ 14.2, 14.3, 14.4 and 14.5 of this chapter, the rules in this part apply to: ( a ) Any manufacturer of equipment used for advanced communications services, including end user equipment, network equipment, and software, that such manufacturer offers for sale or otherwise distributes in interstate commerce;
( b ) Any provider of advanced communications services that such provider offers in or affecting interstate commerce.
```

[Federal Register: February 18, 2010 (Volume 75, Number 32)]
[Notices]               
[Page 7232-7233]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18fe10-14]                         

=======================================================================
-----------------------------------------------------------------------

COMMISSION ON CIVIL RIGHTS

 
Sunshine Act Notice

AGENCY: United States Commission on Civil Rights.

ACTION: Notice of meeting.

DATE AND TIME: Friday, February 26, 2010; 11 a.m. EST.

[[Page 7233]]


PLACE: Via Teleconference, Public Dial in: 1-800-597-7623, Conference 
ID  57721922.

MEETING OPEN TO PUBLIC: 

Meeting Agenda

    This meeting is open to the public, except where noted otherwise.

I. Approval of Agenda
II. Program Planning
     Approval of Findings and Recommendations for The Impact of 
Illegal Immigration on the Wages and Employment Opportunities of Black 
Workers Report
     Update on Status of 2010 Enforcement Report--Some of the 
discussion of this agenda item may be held in closed session.
     Update on Status of Title IX Project--Some of the 
discussion of this agenda item may be held in closed session.
III. State Advisory Committee Issues
     Pennsylvania SAC
     Nevada SAC
     Missouri SAC
IV. Adjourn

Contact Person for Further Information: Lenore Ostrowsky, Acting Chief, 
Public Affairs Unit, (202) 376-8591. TDD: (202) 376-8116.
    Persons with a disability requiring special services, such as an 
interpreter for the hearing impaired, should contact Pamela Dunston at 
least seven days prior to the meeting at 202-376-8105. TDD: (202) 376-
8116.

    Dated: February 16, 2010.
David Blackwood,
General Counsel.
[FR Doc. 2010-3302 Filed 2-16-10; 4:15 pm]
BILLING CODE 6335-01-P
```
No. 11-5439.

#### Gahano *v.*United Steelworkers International Union Local 8-0369 (USW) et al. (two judgments).

C. A. 9th Cir. Certiorari denied.