alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR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.

### IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-10774 Summary Calendar

UNITED STATES OF AMERICA Plaintiff - Appellee v. KENNETH LEE BUGG Defendant - Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:99-cr-00079
Before STEWART, OWEN and SOUTHWICK, Circuit Judges. PER CURIAM: * Kenneth Lee Bugg appeals his sentence of fourteen months’ imprisonment, followed by thirty-four months of supervised release, because the period of supervised release exceeds the maximum permissible term by one day. In its Unopposed Motion to Modi fy the Judgment and Dismiss the Appeal, the government concedes that the district court’s sentence exceeds the maximum term of supervised release permitted under 18 U.S.C. § 3583(h). The United States Court of Appeals

Fifth Circuit 

### F I L E D March 6, 2008 Charles R. Fulbruge III ClerkNo. 07-10774

2 government asks that we modify the district courtjudgment by reducing Bugg’s supervised release term by one day and then dismiss Bugg’s appeal; Bugg agrees that such a disposition would satisfactorily resolve his appeal. Despite the parties’ agreement, we are mindful that determining the proper sentence for a criminal defendant is a discretionary matter reserved to the district court. See United Statesv. Levario-Quiroz, 161 F.3d 903, 908-09 (5th Cir. 1998). Because the term of supervised release imposed in this case exceeds the statutory maximum, we VACATE Bugg’s supervised release sentence and REMAND for re-sentencing in accordance with 18 U.S.C. § 3583(h). In light ofour decision tovacate and remand, the government’s Unopposed Motion to Modify the Judgment and Dismiss the Appeal is DENIED.
§ 14.52 Clearance of imported wildlife. ( a ) Except as otherwise provided by this subpart, a Service officer must clear all wildlife imported into the United States prior to release from detention by Customs officers. A Service officer must clear all wildlife to be exported from the United States prior to the physical loading of the merchandise on a vehicle or aircraft, or the containerization or palletizing of such merchandise for export, unless a Service officer expressly authorizes otherwise. Such clearance does not constitute a certification of the legality of an importation or exportation under the laws or regulations of the United States.
( b ) An importer/exporter or his/her agent may obtain clearance by a Service officer only at designated ports (§ 14.12), at border ports (§ 14.16), at special ports (§ 14.19), or at a port where importation or exportation is authorized by a permit issued under subpart C of this part. An importer/exporter must return forthwith any wildlife released without a Service officer's clearance or clearance by Customs for the Service under authority of § 14.54 to a port where clearance may be obtained pursuant to this subpart.
( c ) To obtain clearance, the importer, exporter, or the importer's or exporter's agent will make available to a Service officer or a Customs officer acting under § 14.54: ( 1 ) All shipping documents (including bills of lading, waybills and packing lists or invoices);
( 2 ) All permits, licenses or other documents required by the laws or regulations of the United States;
( 3 ) All permits or other documents required by the laws or regulations of any foreign country;
( 4 ) The wildlife being imported or exported; and
( 5 ) Any documents and permits required by the country of export or re-export for the wildlife.
[45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980, as amended at 50 FR 52889, Dec. 26, 1985; 61 FR 31869, June 21, 1996]
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**Exhibit 23.2**

 

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTINGFIRM

 

As independent registeredpublic accountants, we hereby consent to the incorporation of our report (whichreport contains an explanatory paragraph regarding the Company’s ability to continueas a going concern) dated September 26, 2007 relating to the consolidatedfinancial statements of Precision Optics Corporation, Inc. andsubsidiaries as of and for the year ended June 30, 2007 included in this Form 10-K,into the Company’s previously filed Registration Statement Nos. 333-35884,333-87977 and 333-66297 on Form S-3, Registration Statement Nos.333-89989, 333-94125, 333-72108, 333-97525, 333-110946 and 333-128628 on Form S-8and Registration Statement Nos. 333-141358 and 333-136033 on Form SB-2.

 
| /s/ Vitale,  Caturano & Company, Ltd. |
|------------------------------------------------|
|                                           |
| VITALE,  CATURANO & COMPANY, LTD.     |
|                                           |
| September 26, 2008                        |
| Boston, Massachusetts                          |

 

----
**EXHIBIT 23.1****CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**     We consent to the reference to our firm under the caption, “Selected Financial Data,” and tothe incorporation by reference in the Registration Statement (Form S-8 No. 333-10261) pertaining tothe 1991 Stock Option Plan of Rochester Medical Corporation and the Registration Statement (FormS-8 No. 333-62592) pertaining to the 2001 Stock Incentive Plan of Rochester Medical Corporation ofour report dated October 27, 2006, with respect to the financial statements of Rochester MedicalCorporation included in this Annual Report (Form 10-K) for the year ended September 30, 2006.Minneapolis, MinnesotaDecember 20, 2006/s/McGladrey & Pullen LLP
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<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains amended summary financial information extracted from the
Company's condensed consolidated balance sheet and condensed consolidated
statement of operations for the three months ended March 31, 1999.  The
condensed consolidated statement of operations for the three months ended March
31, 1999 can be found on page 2 of the Company's Form 10-Q for the three months
ended March 31, 2000 and is qualified in its entirety by reference to such
financial statements.  The summary financial information has been
amended to reflect adjustments to previously filed information as a result of
SEC comments on the Company's Form S-1 filed in connection with the Company's
initial public offering.
<RESTATED>
<CIK> 0001083753
<NAME> THERMOVIEW INDUSTRIES, INC.

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                       2,417,885
<SECURITIES>                                         0
<RECEIVABLES>                                2,859,432
<ALLOWANCES>                                         0
<INVENTORY>                                  2,317,524
<CURRENT-ASSETS>                            11,412,079
<PP&E>                                       3,868,516
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              82,569,037
<CURRENT-LIABILITIES>                       10,020,680
<BONDS>                                     21,395,518
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      3,380
<COMMON>                                         4,813
<OTHER-SE>                                  44,503,851
<TOTAL-LIABILITY-AND-EQUITY>                82,569,037
<SALES>                                              0
<TOTAL-REVENUES>                            21,749,817
<CGS>                                                0
<TOTAL-COSTS>                                9,764,255
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             411,624
<INCOME-PRETAX>                              (969,040)
<INCOME-TAX>                                 (133,000)
<INCOME-CONTINUING>                          (836,040)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (836,040)
<EPS-BASIC>                                      (.27)
<EPS-DILUTED>                                    (.27)


</TABLE>
EXHIBIT 32.1



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 Source Direct Holdings, Inc. (the Company) on Form 10-QSB for the period ended March 31, 2006, as filed with the Securities and Exchange Commission (the Report), each of the undersigned, in the capacities and on the dates indicated below, hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 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 results of operation of the Company.





Dated:  May 19, 2006

/s/ Deren Z. Smith

Name: Deren Z. Smith

Title:  Chief Executive Officer



Dated:  May 19, 2006

/s/ Kevin Arave

Name: Kevin Arave

Title:  Chief Financial Officer
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

_____________________ No. 95-21046

_____________________
SEGUROS COMERCIAL AMERICA S A DE C V, Plaintiff-Appellant,

v. AMERICAN PRESIDENT LINES LTD, Defendant-Appellee.

_________________________________________________________________

Appeal from the United States District Court for the Southern District of Texas

_________________________________________________________________ June 28, 1996 Before KING, JOLLY, and PARKER, Circuit Judges.
PER CURIAM: The district court has provided the litigants and this court with a careful opinion addressing each of the issues raised by Seguros Comercial America S.A. de C.V. (“Seguros”) in the district court. Seguros reurges those issues here by claiming that its case should have been transferred to Laredo and not dismissed for forum non conveniens. We have reviewed the briefs and the record and we think that the district court did not abuse its discretion when it dismissed the case on the basis of forum non conveniens

. Seguros raises one additional argument on appeal.2

Specifically, it argues that: Under Texas law, once a foreign cor poration has standing to sue, the doctrine of forum non conveniens does not apply. Since a federal court exercising diversity jurisdiction must loo k to state law to determine standing to sue, the doctrine of f orum no n conveniens similarly has no application in a Texa s federal court to a Texas authorized foreign corporate plaintiff. Seguros recognizes that the federal law on forum non conveniens governs in diversity cases, but it argues that this case should present an “exception to the general rule.” We have considered this argument for crafting an exception, but we find it unpersuasive. The district court concluded that an adequate and alternative forum is available and that the ends of justice would be best served in this alternative forum. Citing to a letter that discusses a type of statute of limitations problem, allegedly nonwaivable, Seguros claims that the district court abused its discretion by not retaining jurisdiction in the event a Mexican court refuses to hear the case. The district court crafted a judgment that addressed any statute of limitations problem as best it could, and we find no abuse of discretion in the manner any such problem is dealt with. Seguros also states that the stipulations incorporated by reference in the dismissal order are unacceptable to Mexican courts unless they are certified by the clerk of the district court. The request that the stipulations be formally3

incorporated into a conditional dismissal order is a reasonable one. Therefore, we direct the parties to the suit to arrive at an amended form of judgment to be submitted to the district court for entry within one week after the issuance of our mandate. We VACATE the district court’s judgment and REMAND with instructions to enter an amended judgment, to be prepared by the parties, formally incorporating the stipulations. Costs shall be borne by Seguros.

VACATED and REMANDED.
Comment Info: =================

General Comment:FAA-2011-0573; Dir ID 2011-NM-082-AD

X-Ref AD 2007-06-18
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                                                                                                                                                                                                                                                                                                                                                                                                                CatalogMatches: 1Offline form Recent Popular Online Print OtherCOPS-W0923Working with Interpreters: Considerations for Law Enforcement InvestigatorsLabor trafficking is a crime that involves compelling or coercing a person to provide labor or services and affects persons of all ages, races, genders, and nationalities. Labor traffickers often prey on those with vulnerable life circumstances and economic hardships. Labor trafficking victims can be found in legal and illegal labor industries, as well as hidden behind closed doors and in plain view. This toolkit provides resources for law enforcement, businesses, communities, and other stakeholders to identify, respond to, and address labor trafficking and to support its victims and survivors. This resource was developed as part of the Partnerships to Address Labor Trafficking project. For more information and additional resources, visit https://cops.usdoj.gov/labor_trafficking.By Office of Community Oriented Policing Services (COPS Office), Institute for Intergovernmental Research (IIR)Categories: Nonviolent CrimeLanguage: EnglishPublic linkhttps://portal.cops.usdoj.gov/resourcecenter?item=cops-w0923Click here to see the entire catalog.Cart:Download PDFWeb • Jan 2021Search catalogreset title abstract authors contentContaining text: exact phraseNot containing text: exact phraseLanguage:anyEnglishSpanishHmongVietnameseCategory:anyAlternatives to IncarcerationCommunity PartnershipsData and AnalysisEthics and IntegrityFoundations of Community PolicingHiring, Recruitment, and RetentionHomeland SecurityNew Immigrant CommunitiesNonviolent CrimeOtherPolice OperationsPOP Center ResourceSchool and Campus SafetyTechnologyTribalViolent CrimeYouth SafetyPublished after:Published before:Page1

                    

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Rendered on Mon Mar 4 2024 at 00:44 (UTC-5) in 0.20 secEnterprise Framework 3.21.7.7 • Store Controls 3.3.1.7Survey 500303407 Section 60000560 Rules Hints Inactive
[Federal Register Volume 71, Number 180 (Monday, September 18, 2006)]
[Notices]
[Page 54674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7733]



[[Page 54674]]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Mental Health; Notice of Closed 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 the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 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 Institute of Mental Health Special 
Emphasis Panel; Research and Clinical Neuroscience Training.
    Date: September 27, 2006.
    Time: 4 p.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, Neuroscience Center, 6001 
Executive Boulevard, Rockville, MD 20852 (Telephone Conference 
Call).
    Contact Person: Yong Yao, PhD, Scientific Review Administrator, 
Division of Extramural Activities, National Institute of Mental 
Health, NIH, Neuroscience Center, 6001 Executive Blvd., Room 6149, 
MSC 9606, Bethesda, MD 20892-9606; 301-443-6102; <a href="/cdn-cgi/l/email-protection#9ae3e3fbf5daf7fbf3f6b4f4f3f2b4fdf5ec"><span class="__cf_email__" data-cfemail="0b72726a644b666a626725656263256c647d">[email protected]</span></a>.
    This notice is being published less than 15 days prior to the 
meeting due to the timing limitations imposed by the review and 
funding cycle.
(Catalogue of Federal Domestic Assistance Program Nos. 93.242, 
Mental Health Research Grants; 93.281, Scientist Development Award, 
Scientist Development Award for Clinicians, and Research Scientist 
Award; 93.282, Mental Health National Research Service Awards for 
Research Training, National Institutes of Health, HHS)


    Dated: September 11, 2006.
Anna Snouffer,
Acting Director, Office of Federal Advisory Committee Policy.
[FR Doc. 06-7733 Filed 9-15-06; 8:45 am]
BILLING CODE 4140-01-M


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</html>
#### § 260.49 Inspectors.

Inspections will ordinarily be performed by employees under the Secretary who are employed as Federal Government employees for that purpose. However, any person employed under any joint Federal-State inspection service arrangement may be licensed, if otherwise qualified, by the Secretary to make inspections in accordance with this part on such processed products as may be specified in his license. Such license shall be issued only in a case where the Secretary is satisfied that the particular person is qualified to perform adequately the inspection service for which such person is to be licensed. Each such license shall bear the printed signature of the Secretary and shall be countersigned by an authorized employee of the Department. An inspector shall perform his duties pursuant to the regulations in this part as directed by the Director.
FI L ED U.S. COURT OF APPEAL S EL EVENTH CI RCUI T MAR 10, 2010 J OHN L EY CL ERK [P UB L I SH]

IN THE UN ITED STATES COURT OF APPEALS

FOR THE ELE VENTH CIRCUIT

No. 0 8- 12 19 9 (D.C. Doc ke t No . 06 -0 08 60 -CV-C G-M)

DAVID W . CORBITT, ALEXAND ER J. RAYA, JR ., Pl ai nt iff -Ap pe ll an ts ,

ve rs us
HOME DEPOT U.S.A ., INC.,
Defen da nt -Ap pe ll ee.

----- ----- ----- ----- ----- -- On Ap pe al fro m

th e Uni te d S ta te s Di st ric t Co ur t fo r th e So ut he rn Dis tri ct of Al ab am a

----- ----- ----- ----- ----- - (Op in io n Dec em

be r 4, 2 00 9, 5 89 F.3d 11 36 , 11 Cir . 20 09 ) th (Ma rch 10 , 20 10 )

Befo re DUBINA, Ch ie f Ju dg e, TJOFLAT, EDMONDSON, BIRC H , B LACK, CARNES, BARKETT, HUL L, MARCUS, WILSON, PRYOR, an d M ARTIN, Cir cu it Ju dg es

.

B Y T H E C O U R T :

A m em be r of th is Co ur t i n a ct iv e se rv ic e h av in g re qu es te d a po ll on whet he r th is

cas e sh ou ld be reh eard by the Co ur t s it ti ng en ba nc , and a m ajor it y of t he jud ge s i n t hi s C ou rt
in act iv e se rv ic e h av in g v ot ed in fav or of g ran ti ng a reh eari ng en ba nc ,

IT IS ORDERED th at th e ab ov e cau se sh al l be reh eard by th is co ur t en ba nc

. The

pr ev io us pa ne l's op in io n i s h ereb y VACATED.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM TWENTY-EIGHT
WEEKS ENDED JULY 16, 2000 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   OTHER
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-03-2000
<PERIOD-END>                               JUL-16-2000
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<SECURITIES>                                         0
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<SALES>                                        140,362
<TOTAL-REVENUES>                               140,362
<CGS>                                           82,586
<TOTAL-COSTS>                                   50,832
<OTHER-EXPENSES>                                 (332)
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<INCOME-PRETAX>                                   (72)
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<DISCONTINUED>                                       0
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</TABLE>