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that this opinion should not be published and is not precedent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 20, 2003

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-50389

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JULIO CESAR SALAZAR-HERNANDEZ,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. EP-02-CR-1882-ALL-PM

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

Before JONES, WIENER, and BENAVIDES, Circuit Judges.

PER CURIAM:*

 Julio Cesar Salazar-Hernandez appeals the sentence imposed

following his guilty plea conviction of being found in the United

States after deportation/removal in violation of 8 U.S.C. § 1326. 

Salazar contends that 8 U.S.C. § 1326(a) and 8 U.S.C. § 1326(b)

define separate offenses. He argues that the prior conviction

that resulted in his increased sentence is an element of a

separate offense under 8 U.S.C. § 1326(b) that should have been

alleged in his indictment. Salazar maintains that he pleaded
No. 03-50389

-2-

guilty to an indictment which charged only simple reentry under

8 U.S.C. § 1326(a). He argues that his sentence exceeds the

two-year maximum term of imprisonment which may be imposed for

that offense.

In Almendarez-Torres v. United States, 523 U.S. 224, 235

(1998), the Supreme Court held that the enhanced penalties in

8 U.S.C. § 1326(b) are sentencing provisions, not elements of

separate offenses. The Court further held that the sentencing

provisions do not violate the Due Process Clause. Id. at 239-47. 

Salazar acknowledges that his argument is foreclosed by

Almendarez-Torres, but asserts that the decision has been cast

into doubt by Apprendi v. New Jersey, 530 U.S. 466, 490 (2000). 

He seeks to preserve his argument for further review. 

Apprendi did not overrule Almendarez-Torres. See Apprendi,

530 U.S. at 489-90; United States v. Dabeit, 231 F.3d 979, 984

(5th Cir. 2000). This court must follow Almendarez-Torres

“unless and until the Supreme Court itself determines to overrule

it.” Dabeit, 231 F.3d at 984 (internal quotation marks and

citation omitted). The judgment of the district court is

AFFIRMED.

The Government has moved for a summary affirmance in lieu of

filing an appellee’s brief. In its motion, the Government asks

that an appellee’s brief not be required. The motion is GRANTED. 

AFFIRMED; MOTION GRANTED.
|                                                                                   | Year Ended December 31, 2009 |
|----------------------------------------------------------------------------------------|------------------------------|
| Ratio of Earnings to Fixed Charges and Preferred Stock Dividends (Including Deposits): |
| Earnings:                                                                              |                         |
|    Income before income taxes                                           | $40,275                      |
|    Add:  Fixed charges, net                                   | 99,027                       |
| Income before income taxes and fixed charges, net                                      | 139,302                      |
| Fixed charges                                                                          |                         |
|    Interest expense                                                     | $97,685                      |
|    Estimate of interest (1/3) within rental expense                     | 787                          |
|    Interest on unrecognized tax benefits                                | 555                          |
| Total fixed charges                                                                    | 99,027                       |
| Ratio of Earnings to Fixed Charges                                                     | 1.41x                        |
|                                                                                        |                         |
| Ratio of Earnings to Fixed Charges and Preferred Stock Dividends (Excluding Deposits): |
| Earnings:                                                                              |                         |
|    Income before income taxes                                           | $40,275                      |
|    Add:  Fixed charges, net                                   | 56,235                       |
| Income before income taxes and fixed charges, net                                      | 96,510                       |
| Fixed charges                                                                          |                         |
|    Interest expense (excluding deposits)                                | 54,893                       |
|    Estimate of interest (1/3) within rental expense                     | 787                          |
|    Interest on unrecognized tax benefits                                | 555                          |
| Total fixed charges                                                                    | 56,235                       |
| Ratio of Earnings to Fixed Charges                                                     | 1.72x                        |
| Exhibit      21.1 | Subsidiaries      of the Registrant |
|-------------------|-------------------------------------|

| First      Federal Savings Bank of Iowa (Formerly known asFirst      Federal Savings Bank of Fort Dodge) | Federal |
|----------------------------------------------------------------------------------------------------------|---------|
| First      Federal Investment Services, Inc.                                                             | Iowa    |
| First      Iowa Mortgage, Inc.                                                                           | Iowa    |
| First      Iowa Title Services, Inc.                                                                     | Iowa    |
| Northridge      Apartments Limited Partnership I                                                         | Iowa    |
| NC      Properties, LLC                                                                                  | Iowa    |
| Northridge      Apartments Limited Partnership II                                                        | Iowa    |

----
```

[111th Congress Public Law 289]
[From the U.S. Government Printing Office]

[[Page 124 STAT. 3062]]

Public Law 111-289
111th Congress

                            Joint Resolution

 
  Appointing the day for the convening of the first session of the One 
  Hundred Twelfth Congress. <<NOTE: Nov. 30, 2010 -  [S.J. Res. 40]>> 

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That the first regular session 
of the One Hundred Twelfth Congress shall begin at noon on Wednesday, 
January 5, 2011.

    Approved November 30, 2010.

LEGISLATIVE HISTORY--S.J. Res. 40:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 156 (2010):
            Nov. 15, considered and passed Senate.
            Nov. 17, considered and passed House.

                                  <all>
```
§ 73.154 AM directional antenna partial proof of performance measurements. ( a ) A partial proof of performance consists of at least 8 field strength measurements made on each of the radials that includes a monitoring point.
( b ) The measurements are to be made within 3 to 15 kilometers from the center of the antenna array. When a monitoring point as designated on the station authorization lies on a particular radial, one of the measurements must be made at that point. One of the following methods shall be used for the partial proof: ( 1 ) Measurement points shall be selected from the points measured in latest full proof of performance provided that the points can be identified with reasonable certainty, and that land development or other factors have not significantly altered propagation characteristics since the last full proof. At each point, the licensee shall measure directional field strength for comparison to either the directional or the nondirectional field strength measured at that point in the last full proof.
( 2 ) In the event that a meaningful comparison to full proof measurements cannot be made, the licensee shall measure both directional and nondirectional field strength at eight points on each radial. The points need not be limited to those measured in the last full proof of performance.
( c ) The results of the measurements are to be analyzed as follows. Either the arithmetic average or the logarithmic average of the ratios of the field strength at each measurement point to the corresponding field strength in the most recent complete proof of performance shall be used to establish the inverse distance fields. (The logarithmic average for each radial is the antilogarithm of the mean of the logarithms of the ratios of field strength (new to old) for each measurement location along a given radial). When new nondirectional measurements are used as the reference, as described in paragraph (b)(2) of this section, either the arithmetic or logarithmic averages of directional to nondirectional field strength on each radial shall be used in conjunction with the measured nondirectional field from the last proof to establish the inverse distance field.
( d ) The result of the most recent partial proof of performance measurements and analysis is to be retained in the station records available to the FCC upon request. Maps showing new measurement points, *i.e.*, points not measured in the last full proof, shall be associated with the partial proof in the station's records, and shall be provided to the FCC upon request.
[66 FR 20756, Apr. 25, 2001, as amended at 82 FR 51165, Nov. 3, 2017]
Court of Appeals of the State of Georgia Clerk's Office, Atlanta, April 11, 2017. 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 11, 2017 The Court of Appeals hereby passes the following order A17I0180. GEORGIA HOME APPRAISERS, INC. v. TRINTEC PORTFOLIO SERVICES, LLC.
Upon consideration of the Application for Interlocutory Appeal, it is ordered that it be hereby DENIED.
LC NUMBERS: 16CV1408
No. 10-10879.

#### McCarthy *v.*Ette et al.

C. A. 9th Cir. Cer-tiorari denied.
§ 27.1254 Eligibility. ( a ) BRS licensees with primary status in the 2150-2162 MHz band as of June 23, 2006, will be eligible for relocation insofar as they have facilities that are constructed and in use as of this date.
( b ) *Future licensing and modifications.* After June 23, 2006, all major modifications to existing BRS systems in use in the 2150-2160/62 MHz band will be authorized on a secondary basis to AWS systems, unless the incumbent affirmatively justifies primary status and the incumbent BRS licensee establishes that the modification would not add to the relocation costs of AWS licensees. Major modifications include the following: ( 1 ) Additions of new transmit sites or base stations made after June 23, 2006;
( 2 ) Changes to existing facilities made after June 23, 2006, that would increase the size or coverage of the service area, or interference potential, and that would also increase the throughput of an existing system (*e.g.*, sector splits in the antenna system). Modifications to fully utilize the existing throughput of existing facilities (*e.g.*, to add customers) will not be considered major modifications even if such changes increase the size or coverage of the service area, or interference potential.
# iCollege Graduates 16 AMP Students on December 13, 2012

/ Published Nov. 13, 2012

On Dec 13, 2012, 16 students from various government agencies (Department of Defense, Department of State, Department of Energy, Federal  Bureau of Investigation, Pakistan Army) graduated with the Advanced  Management Program (AMP) certificate from the National Defense  University iCollege.  Students  also earned the Chief Information Officer (CIO) Certificate and/or the  Cyber Security 4011 Certificate.  Guest Speaker at graduation was  Elizabeth A. McGrath, Deputy Chief Management Officer, Department of  Defense.  The  class award was presented by Mr. Robert Joynson from CSC, a long-time  supporter of the iCollege.  Dr. Robert D. Childs, Chancellor of the  iCollege, presented the graduates with their certificates.  Many family  members, faculty, and staff of the college also attended and congratulated the graduates.  The next 14-week AMP begins on January 28, 2013, and the Fall class starts in September 2013.
§ 14.60 Applicability. ( a ) This subpart E shall apply to a manufacturer of a telephone used with public mobile services (as such term is defined in 47 U.S.C. 710(b)(4)(B)) that includes an Internet browser in such telephone that is offered for sale or otherwise distributed in interstate commerce, or a provider of mobile services that arranges for the inclusion of a browser in telephones to sell or otherwise distribute to customers in interstate commerce.
( b ) Only the following enumerated provisions contained in this part 14 shall apply to this subpart E. ( 1 ) The limitations contained in § 14.2 shall apply to this subpart E.
( 2 ) The definitions contained in § 14.10 shall apply to this subpart E.
( 3 ) The product design, development and evaluation provisions contained in § 14.20(b) shall apply to this subpart E.
( 4 ) The information, documentation, and training provisions contained in § 14.20(d) shall apply to this subpart E.
( 5 ) The performance objectives provisions contained in § 14.21(a), (b)(1)(i), (b)(1)(ii), (b)(1)(iii), (b)(2)(i), (b)(2)(ii), (b)(2)(iii), (b)(2)(vii), and (c) shall apply to this subpart E.
( 6 ) All of subpart D shall apply to this subpart E.
**Exhibit 32.2**

 

**CERTIFICATION PURSUANT TO SECTION 906 OF**

**THE SARBANES-OXLEY ACT OF 2002 (SUBSECTIONS (a) AND (b)**

**OF SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE)**

 

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code), I, Gregory L. Cauthen, Senior Vice President and Chief Financial Officer of Transocean Inc., a Cayman Islands company (the “Company”), hereby certify, to my knowledge, that:

 

|   | (1) | the Company’s Quarterly Report on Form 10-Q for the quarter ended June 30, 2008 (the “Report”) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and |
|--------|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

|   | (2) | information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. |
|--------|-----|--------------------------------------------------------------------------------------------------------------------------------------------------|

 

|                                               |   |        |                                                                                                                                                         |
|----------------------------------------------------|--------|-------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Dated:     August 6, 2008 |   |        | /s/ Gregory L. Cauthen                                                                                                                                       |
|                                               |   | Name:  | Gregory L. Cauthen               Senior Vice President andChief Financial Officer |

 

 

 

 

 

 

 

The foregoing certification is being furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code) and is not being filed as part of the Report or as a separate disclosure document.

 

A signed original of this written statement required by Section 906 has been provided to Transocean Inc. and will be retained by Transocean Inc. and furnished to the Securities and Exchange Commission or its staff upon request.

 

 

----
No. 11-9401.

#### Jordan *v.*Department of Justice et al.

C. A. 10th Cir. Certiorari denied.
[Federal Register Volume 71, Number 156 (Monday, August 14, 2006)]
[Notices]
[Page 46494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-6876]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Biomedical Imaging and Bioengineering; 
Notice of Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of a meeting of 
the National Advisory Committee for Biomedical Imaging and 
Bioengineering.
    The meeting will be open to the public as indicated below, with 
attendance limited to space available. Individuals who plan to attend 
and need special assistance, such as sign language interpretation or 
other reasonable accommodations, should notify the Contact Person 
listed blow in advance of the meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in section 552b(c)(6), Title 5 U.S.C., as amended. 
The grant applications and the discussions could disclose confidential 
trade secrets or commercial property such as patentable material, and 
personal information concerning individuals associated with the grant 
applications, the disclosure of which would constitute a clearly 
unwarranted invasion of personal privacy.

    Name of Committee: National Advisory Council or Biomedical 
Imaging and Bioengineering.
    Date: September 15, 2006.
    Time: 8 a.m. to 5 p.m.
    Agenda: Grant applications.
    Place: Residence Inn Bethesda, 7335 Wisconsin Avenue, Bethesda, 
MD 20814.
    Contact Person: Anthony Demsey, PhD, Director, Office of 
Extramural Policy, National Institute of Biomedical Imaging and 
Bioengineering, 6701 Democracy Blvd, Room 241, Bethesda, MD 20892.

    Information is also available on the Institute's/Center's home 
page: http://www.nibib1.nih.gov/about/NACBIB/NACBIB.htm, where an 
agenda and any additional information for the meeting will be posted 
when available.

    Dated: August 7, 2006.
Anna Snouffer,
Acting Director, Office of Federal Advisory Committee Policy.
[FR Doc. 06-6876 Filed 8-11-06; 8:45 am]
BILLING CODE 4140-01-M
# Cyber Beacon 2018

/ Published Sept. 18, 2018
19th September 2018, 
Read the Cyber Beacon V Proceedings here.

Speakers included General Paul Nakasone (Commander of US Cyber Command and Director of the National Security Agency), Admiral (Ret.) Bill Studeman (former Deputy Director of the Central Intelligence Agency and Director of the National Security Agency), Rear Admiral Dave Dermanelian (Commander of Coast Guard Cyber Command), Major General (Ret.) Joseph Brendler Jr. (former US Cyber Command Chief of Staff), Patrick Duggan (National Security Council Director for Cybersecurity), Jason Healey (noted scholar of cyber conflict), Rear Admiral (Ret.) Jan Hamby (Chancellor Emerita of NDU CIC), Zach Lemnios (IBM Vice President of Physical Sciences & Government Programs), Thomas Wingfield, Esquire (cyber law expert and acting Chancellor of the NDU CIC), Dr. Haroon Ullah (Chief Strategy Officer at the US Agency for Global Media), Colonel Mike McGinley (DIU Boston Lead), JD Maddox (Senior Technology Advisor at Department of State's Global Engagement Center), LtCol Mark Reith (Director of the Center for Cyber Research at the Air Force Institute of Technology), Beau Woods (Deputy Director of the Cyber Statecraft Initiative at the Atlantic Council), Siobhan MacDermott (Global Cyber Public Policy at Bank of America), Colonel Max Thibodeaux (Joint Information Operations Warfare Center), Dr. Cynthia Irvine (first Chair of the Cyber Academic Group at the Naval Postgraduate School), John Petrik (Editor of the Cyber Wire), Lieutenant Colonel Kurt Sanger (US Cyber Command Office of the Staff Judge Advocate), Dr. Pano Yannakogeorgos (founding Dean of the Air Cyber College), Colonel (Ret.) Jerry Lynes (Deputy Director of Joint Education and Doctrine at the Joint Staff J7), Brigadier General (Ret.) Jack Pellicci (Chairman of the NDU Foundation), and Paul de Souza (Founder of the Cyber Security Forum Initiative). Attendees included Rear Admiral (Ret.) Normal Hayes (former EUCOM J2), Brigadier General (Ret.) Greg Touhill (first Federal Chief Information Security Officer), and Adam Nucci (DISL and Deputy Director for Cyber on the Army Staff).
P.1 

OAR Box 1875 

Prepped by Ollie Stewart 

Document Number: 

24) ll-E-42 

Docket Number: 

A-90-19 

Printed 12/1/200811:12:45 AM Sheet 24 of 86 
P.2 

A-90-19 

ll-E-42 

DATE: May 4, 1992 

SUBJECT: Hazardous Organic NESHAP (HON) Meeting with State 

Representatives 

The following EPA personnel participated in a teleconference on 

the HON with members of the National Governors Association's Air 

Implementation Task Force: Jan Meyer, Standards Development 

Branch; and Jeff Clark, Office of the Director, Office of Air 

Quality Planning and Standards. Attached is an agenda for the 

teleconference. A list of members of the Air Implementation Task 

Force is also attached. 

Attachments: 

fr- TiUJr

^

!

ii 

W DEC I 8 1992 

\j\^'- • i 

mgmll.memos.det 
P.3 

[RNORS 

;I/OION 

John Ashcrntt 

Governor ot Missouri 

Chairman 

Roy Romer 

Governor of Colorado 

Vice Chairman 

Ravmond C. Scheppach 

Executive Director 

Hall ofth c States 

444 North Capitol Street 

Washington. 15 C. :utio|.|<" 

Telephone < Jt.'Ji is,;4.> inn 

+ + * + 

CONFERENCE CALL AGENDA 

State Environmental Commissioners' 

Air Implementation Task Force 

CALL WITH EPA 

Monday, May 4, 1992, 2:00 p.m. EST 

Conference Line: 202/260-6972 

• Rule for Enhanced Inspection and Maintenance: acceptable performance 

standard language. 

• Early Toxic Reductions: state concerns about delegation. 

• Hazardous Organic NESHAP (HON): state concerns about emissions averaging. 
P.4 

P.3 

Sfcufca CowmiBBloners on the Air Implementation Taek Force 

Ken Alkema, Executive Direator, Utah Department of Environmental Quality 

James Boyd (for Jan Sharpless), Executive Director, California Air Resources 

Board 

Mark Coleman, Deputy Commissioner, Oklahoma State Department of Health 

Dan Greenbaum, Commissioner Massachusetts Department of Environmental 

Protection 

Tom Looby, Director, Office of Environment, Colorado Department of Health 

Bharat Mathur (for Mary Gade), Manager, Air Pollution Control Division, 

Illinois Environmental Protection, Agency 

Bob Perciasepe, Secretary, Maryland Department of the Environment 

Lewis Shaw, Deputy Commissioner, Environmental Quality Control, South Carolina 

Department of Health and Environmental Control 

Scott Weiner, Commissioner, New Jersey Department of Environment and Energy 

STAPPA Participant on Air Implementation T*«k Parco'e BOM Work Group 

Tad Aburn, Program Administrator, Air Management Administration, Maryland 

Department of the Environment 

Karen Olson, Section Chief. FTATS, Texas Air Control Board 

Bill 0'Sullivan, Administrator, Office of Energy, New Jersey Department of 

Environmental Protection and Energy 

Donald Theiler, Director, Air -Management Bureau, Wisconsin Department of 

Natural Resource
No. 11-8789.

#### Howard *v.*Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division.

C. A. 5th Cir. Certiorari denied.