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

rPport 

1968 

July 31 

31 

31 

31 

31 

NINETIETH CONGRESS 

FIRST SESSION {Co~vened January ro, 1967 

Adjourned December 15, 1967 

SECOND SESSION {Convened January r5, rg68 

EXECUTIVE CALENDAR 

Pre paFed under the direction of FRANCIS R. V ALEO, Secretary of the Senate 

By GERALD A. HACKETT, Executive Clerk 

Thursday, August 1, 1968 

NOMINATIONS 

Calendar Mess·1ge Name of nommee Office Predecessor 

No. No 

DEPARTMENT OF 

COMMERCE 

852 261 Joseph W. Bartlett, of Under Secretary of ComMassachusetts. merce. 

853 281 Frederick Simpich, of the General Counsel of the Joseph W. Bartlett. 

District of Columbia. Depn.rtment of Commerce. 

CIVIL AERONAUTICS 

BOARD 

854 97 John H. Crooker, Jr., of A member of the Civil Reappointment. 

the District of Columbia. Aeronautics Board for 

the term of 6 years expiring Dec. 31, 1974. 

INTERSTATE COMMERCE COMMISSION 

855 267 Kenneth H. Tuggle, of An Interstate Commerce Do. 

Kentucky. Commissioner for the 

term of 7 years expiring 

Dec. 31, 1975. 

856 268 Wallace R. Burke, of An Interstate Commerce William R. Tucker, 

Connecticut. Commissioner for the term expired. 

term of 7 years expiring 

Dec. 31, 1974. 

98-022--68--No. 184 
2 

NOMINATIONS PLACED ON THE SECRETARY'S DESK 

In the Environmental Science Services Administration 

The nominations beginning Robert J. Earday, i u i ,, l;etd ena.nt (junior grade), ami ending .Jaml·s P. Traver< 

to be ensign, which nomin::~tions were receivecl by 'he Senate and appeared in t he Congressional Record o:; 

July 25, 1968._ 

In the Coast Guard 

Too :rrofilniations beginning Alan F. Miller, to be lit:utPnant commander, [tnd ending W. S. McClure, to be 

licu'tenant .. which nomilintians were received by the ~e!•ate !'ll'l nrpc:tred in the Congressional Record 011 July 

24, \9}\8 

U S, GOVERNMENT PRINTING OFFICE 1968
# Jornal Oficial C 92A/27 d

| | ISSN 1725-2482 |
| --- | --- |
| Jornal Oficial
  da União Europeia | C 92A |
| | |
| Edição em língua portuguesa | Comunicações e Informações | 50.o ano27 de Abril de 2007 |

ISSN 1725-2482

Jornal Oficial

da União Europeia

C 92A

Edição em língua portuguesa

Comunicações e Informações

50.o ano27 de Abril de 2007

---

| Número de informação | Índice | Página |
| --- | --- | --- |
| | V   Avisos |
| | PROCEDIMENTOS ADMINISTRATIVOS |
| | Comissão |
| 2007/C 092A/01 | Publicação de um anúncio de vaga para um lugar de director(a) do Instituto Europeu da Igualdade entre Homens e Mulheres — (grau AD 13) — COM/2007/10049 | 1 |

Número de informação

Índice

Página

V   Avisos

PROCEDIMENTOS ADMINISTRATIVOS

Comissão

2007/C 092A/01

Publicação de um anúncio de vaga para um lugar de director(a) do Instituto Europeu da Igualdade entre Homens e Mulheres — (grau AD 13) — COM/2007/10049

1

| PT | |
| --- | --- |

PT

---

V Avisos

PROCEDIMENTOS ADMINISTRATIVOS

Comissão

| 27.4.2007 | PT | Jornal Oficial da União Europeia | CA 92/1 |
| --- | --- | --- | --- |

27.4.2007

PT

Jornal Oficial da União Europeia

CA 92/1

---

PUBLICAÇÃO DE UM ANÚNCIO DE VAGA PARA UM LUGAR DE DIRECTOR(A) DO INSTITUTO EUROPEU DA IGUALDADE ENTRE HOMENS E MULHERES

(grau AD 13)

COM/2007/10049

(2007/C 92 A/01)

O Instituto Europeu da Igualdade entre Homens e Mulheres, com sede em Vilnius, vai recrutar o(a) seu(sua) director(a).

O(A) director(a) será nomeado(a) pelo Conselho de Administração do Instituto com base numa lista de candidatos seleccionados e propostos pela Comissão Europeia. Será nomeado(a) como agente temporário no grau AD 13 em conformidade com a alínea a) do artigo 2.o do Regime aplicável aos outros agentes das Comunidades Europeias por um período de cinco anos renovável por um novo período que não pode exceder cinco anos. O Instituto e a Comissão aplicam uma política de igualdade de oportunidades.

Os candidatos devem ser nacionais de um Estado-Membro da União Europeia.

A descrição do lugar, o acto de candidatura e as instruções para o envio do acto de candidatura podem ser descarregados no endereço seguinte:

http://ec.europa.eu/dgs/personnel_administration/working_senior_mgt_en.htm

A data-limite para a recepção das candidaturas é 4 de Junho de 2007.

---
#### § 223.113 Modification of contracts to prevent environmental damage or to conform to forest plans.

Timber sale contract, permits, and other such instruments may be modified to prevent environmental damage or to make them consistent with amendments or revisions of land and resource management plans adopted subsequent to award or issuance of a timber sale contract, permit, or other such instrument. Compensation to the purchaser, if any, for modifications to a contract shall be made in accordance with provisions set forth in the timber sale contract. When determining compensation under a contract, timber payment rates shall be redetermined in accordance with appraisal methods in § 223.60 of this subpart.

[61 FR 64816, Dec. 9, 1996]
II 

118TH CONGRESS 

1ST SESSION S. 586 

To modify the limitation on military-to-military exchanges and contacts with 

the People’s Liberation Army to cover all logistical operations and remove 

the exception for search-and-rescue and humanitarian operations and 

exercises. 

IN THE SENATE OF THE UNITED STATES 

MARCH 1, 2023 

Mr. RUBIO (for himself, Mr. HAGERTY, Mr. LANKFORD, Mr. BRAUN, Mr. 

HAWLEY, Mr. SCOTT of Florida, and Mr. CRUZ) introduced the following 

bill; which was read twice and referred to the Committee on Foreign Relations 

A BILL 

To modify the limitation on military-to-military exchanges 

and contacts with the People’s Liberation Army to cover 

all logistical operations and remove the exception for 

search-and-rescue and humanitarian operations and exercises. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘No People’s Liberation 

5 Army in Logistical Operations and Other Pertinent HuVerDate Sep 11 2014 01:46 Mar 10, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S586.IS S586

kjohnson on DSK79L0C42PROD with BILLS
2 

•S 586 IS

1 manitarian Operations Leading to Endangered Security 

2 Act’’ or the ‘‘No PLA LOOPHOLES Act’’. 

3 SEC. 2. MODIFICATION OF LIMITATION ON MILITARY-TO4 MILITARY EXCHANGES AND CONTACTS WITH 

5 CHINESE PEOPLE’S LIBERATION ARMY. 

6 Section 1201 of the National Defense Authorization 

7 Act for Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 

8 168 note) is amended— 

9 (1) in subsection (b)(4), by striking ‘‘Advanced 

10 logistical operations’’ and inserting ‘‘Logistical oper11 ations’’; and 

12 (2) by striking subsection (c). 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
§ 1206.12 What are my responsibilities once I have received a grant? ( a ) Comply with all Federal regulations about grants administration that are contained in § 1206.72 and 2 CFR part 200.
( b ) Comply with NHPRC grant announcements and other Commission guidance.
( c ) Meet performance requirements defined in your grant application.
( d ) Report on performance requirements defined in your grant application and other performance measures specified in the grant award.
( e ) Comply with conditions set by the Commission according to § 1206.52.
[71 FR 27624, May 12, 2006, as amended at 75 FR 66317, Oct. 28, 2010; 79 FR 76080, Dec. 19, 2014]
34.170; NRS 34.330, Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 

88 P.3d 840, 841 (2004). Accordingly, we 

ORDER the petition DENIED. 2 

Saitta 

Piek9A J. 

Pickering 

cc: Hon. Michelle Leavitt, District Judge 

Clark County Public Defender 

Attorney General/Carson City 

Clark County District Attorney 

Eighth District Court Clerk 

2We also deny as moot petitioner's motion to stay the proceedings 

below while this court considers the petition. 

2
This table was generated on 8/25/20.

Rank ID # Committee Amount

1 C00110338 AMERICAN CRYSTAL SUGAR COMPANY POLITICAL ACTION COMMITTEE $2,703,500

2 C00326389 SNAKE RIVER SUGAR COMPANY POLITICAL ACTION COMMITTEE $449,000

3 C00349746 CALIFORNIA DAIRIES, INC. FEDERAL POLITICAL ACTION COMMITTEE $443,000

4 C00166348 SOUTHERN MINNESOTA BEET SUGAR COOPERATIVE POLITICAL ACTION COMMITTEE $404,000

5 C00164939 MINN-DAK FARMERS COOPERATIVE SUGAR PAC (MDSPAC) $331,500

6 C00009423 LAND O'LAKES, INC., PAC $279,000

7 C00254656 SUGAR CANE GROWERS COOPERATIVE OF FLORIDA (PAC) $117,000

8 C00001388 DAIRY FARMERS OF AMERICA, INC. POLITICAL ACTION COMMITTEE; AKA DFA-PAC $98,500

9 C00080135 BLUE DIAMOND GROWERS POLITICAL ACTION COMMITTEE $91,500

10 C00207308 AG PROCESSING INC POLITICAL ACTION COMMITTEE, AGPAC $78,760

11 C00146605 FARMERS' RICE COOPERATIVE FUND $77,975

12 C00220053 RICELAND FOODS, INC. PAC $42,500

13 C00099002 SUNKIST GROWERS, INC. PAC - FEDERAL $40,600

14 C00185686 SOUTH TEXAS SUGAR CANE PRODUCERS PAC RIO GRANDE VALLEY SUGAR GROWERS, INC $35,500

15 C00330696 ASSOCIATED MILK PRODUCERS INC. POLITICAL ACTION COMMITTEE $28,500

16 C00359984 SOUTHEAST MILK INC POLITICAL ACTION COMMITTEE $21,350

17 C00085019 ARIZONA DAIRYMEN POLITICAL ACTION COMMITTEE (ADPAC) $20,250

18 C00103978 INDIANA ACRE/INDIANA STATEWIDE ASSN OF RECS INC -DBA INDIANA ELECTRIC COOPS $18,500

19 C00508309 INDEPENDENT PHARMACY COOPERATIVE PAC ('IPC PAC') $17,000

20 C00360610 SECURITY SERVICE FEDERAL CREDIT UNION PAC $16,500

21 C00141242 AGRI-MARK INC POLITICAL ACTION COMMITTEE $15,000

22 C00152272 PLAINS COTTON COOPERATIVE ASSOCIATION EMPLOYEES' POLITICAL ACTION COMMITTEE $12,050

23 C00363069 MARYLAND & VIRGINIA MILK PRODUCERS COOPERATIVE ASSOCIATION INC POLITICAL ACTION COMMITT $11,500

24 C00096594 MICHIGAN MILK PRODUCERS ASSOCIATION POLITICAL ACTION COMMITTEE $11,000

25 C00022756 DARIGOLD POLITICAL ACTION COMMITTEE FKA NORTH PACIFIC DAIRY $11,000

26 C00220558 ORRICK HERRINGTON & SUTCLIFFE, LLP FEDERAL PAC $9,500

27 C00352674 GREAT RIVER ENERGY ACTION TEAM (GREAT) $8,000

28 C00326132 TRULIANT FCU PAC $7,500

29 C00220269 BASIN ELECTRIC POWER COOPERATIVE POLITICAL ACTION COMMITTEE (BASIN ELECTRIC PAC) $7,250

30 C00133561 OKLAHOMA ASSOCIATION OF ELECTRIC COOPERATIVES-ACRE $5,000

31 C00414169 BERKELEY ELECTRIC COOPERATIVE, INC. EMPLOYEE PAC $4,500

32 C00627992 CALIFORNIA ALMOND INDUSTRY PAC FEDERAL, SPONSORED BY THE ALMOND ALLIANCE OF CALIFORNIA $1,500

33 C00133215 NATIONAL GRAPE COOPERATIVE ASSOCIATION INC WELCH FOODS INC POLITICAL ACTION COMMITTEE $1,000

34 C00526194 QUAD COUNTY CORN PROCESSORS COOPERATIVE POLITICAL ACTION COMMITTEE $500

35 C00128686 RAISIN BARGAINING ASS'N FEDERAL POLITICAL ACTION COMMITTEE $500

*Only 34 PACs reported contributions to candidates.

Top 50 Cooperative PACs by Contributions to Candidates and Other Committees

January 1, 2019 - June 30, 2020

PAC Table 10c
§ 1170.46 Financial and employment assistance to students. ( a ) *Provision of financial assistance.* ( 1 ) In providing financial assistance to qualified handicapped persons, a recipient to which this subpart applies may not ( i ) On the basis of handicap, provide less assistance than is provided to nonhandicapped persons, limit eligibility for assistance, or otherwise discriminate or
( ii ) Assist any entity or person that provides assistance to any of the recipient's students in a manner that discriminates against qualified handicapped persons on the basis of handicap.
( 2 ) A recipient may administer or assist in the administration of scholarships, fellowships, or other forms of financial assistance established under wills, trusts, bequests, or similar legal instruments that require awards to be made on the basis of factors that discriminate or have the effect of discriminating on the basis of handicap only if the overall effect of the award of scholarships, fellowships, and other forms of financial assistance is not discriminatory on the basis of handicap.
( b ) *Assistance in making available outside employment.* A recipient that assists any agency, organization, or person in providing employment opportunities to any of its students shall assure itself that such employment opportunities, as a whole, are made available in a manner that would not violate subpart C if they were provided by the recipient.
( c ) *Employment of students by recipients.* A recipient that employs any of its students may not do so in a manner that violates subpart C.
#### § 1326.109 Record for decision.

The transcript of testimony, exhibits, and all papers and requests filed in the proceedings, except the correspondence section of the docket, including rulings and any recommended or initial decision, constitute the exclusive record for decision.

Post-Hearing Procedures, Decisions
SENATE OF THE UNITED STATES 

ONE HUNDRED FIRST CONGRESS 

Convened January 3, 1989 

FIRST SESSION { 

SECOND SESSION { 

EXECUTIVE CALENDAR 

Friday, February 3, 1989 

PREPARED UNDER THE DIRECTION OF WALTER J.STEWART, 

SECRETARY OF THE SENATE 

By Gerald A. Hackett, Executive Clerk 
1 
2 

NOMINATIONS PLACED ON THE SECRETARY'S DESK IN THE COAST GUARD 

Coast Guard nominations beginning Henry E. Plimack, and ending Malcolm B. Playfair, which 

nominations were received by the Senate and appeared in the Congressional Record of January 3, 

1989. 

Coast Guard nominations beginning Stephen D. Hathaway, and ending Robert C. Hayden, which 

nominations were received by the Senate and appeared in the Congressional Record of January 3, 

1989. 

Coast Guard nominations beginning Phillip D. Miller, and ending Steven R. Godfrey, which 

nominations were received by the Senate and appeared in the Congressional Record of January 3, 

1989. 

Coast Guard nominations beginning Wendy Abrisz, and ending Lawrence J. Zacher, which 

nominations were received by the Senate and appeared in the Congressional Record of January 3 

1989. •
SENATE OF THE UNITED STATES 

ONE HUNDRED THIRD CONGRESS 

Convened January 5, 1993 

FIRST SESSION { 

SECOND SESSION { 

EXECUTIVE CALENDAR 

Friday, September 10, 1993 

PREPARED UNDER THE DIRECTION OF WALTER J. STEWART, 

SECRETARY OF THE SENATE 

By Gerald A. Hackett, Executive Clerk 
Unanimous Consent Agreements 

Ordered, That the Majority Leader, after consultation with the Minority Leader, may 

proceed at any time to the nomination of Walter Dellinger to be an Assistant Attorney 

General (Ex. Cal. No. 288); and 

Ordered, That upon confirmation of the nominee, the motion to reconsider be tabled 

and the President notified of the action of the Senate. 

(Friday, July 30, 1993) 
Calendar I 

No. Treaty I 

Doc. No. 

1 

TREATIES 

Subject Reported 

By 
Calendar Message 

No. No. 

288 306 

• 313 480 

• 317 362 

• 321 363 

• 326 191 

2 

NOMINATIONS 

Nominee, Office, And Predecessor 

DEPARTMENT OF JUSTICE 

Walter Dellinger, of North Carolina, to be 

an Assistant Attorney General, vice 

Timothy E. Flanigan, resigned. 

DEPARTMENT OF THE INTERIOR 

Mollie H. Beattie, of Vermont, to be 

Director of the United States Fish and 

Wildlife Service, vice John F. Turner, 

resigned. 

DEPARTMENT OF TRANSPORTATION 

Albert J. Herberger, of New York, to be 

Administrator of the Maritime 

Administration, vice Warren G. Leback, 

resigned. 

DEPARTMENT OF COMMERCE 

Everett M. Ehrlich, of Pennsylvania, to be 

Under Secretary of Commerce for Economic 

Affairs, vice Jose Antonio Villamil, 

resigned. 

DEPARTMENT OF STATE 

Alvin P. Adams, Jr., of Virginia, a Career 

Member of the Senior Foreign Service, 

Class of Minister-Counselor, to be 

Ambassador Extraordinary and 

Plenipotentiary of the United States of 

America to the Reoublic of Peru. 

Reported 

Bv 

Jul 22, 93 Mr. Biden. 

Committee on the Judiciary, 

without printed report 

Jul 30, 93 Mr. Baucus, 

Committee on Environment 

and Public Works, without 

printed report 

Aug 3, 93 Mr. Hollings, 

Committee on Commerce, 

Science, and 

Transportation, without 

printed report 

Do. 

Aug 5, 93 Mr. Pell, 

Committee on Foreign 

Relations, without printed 

report. 

•S1gni_f ies nomtnet(s commitment to respond to requests to appear and testify before any duly constituted committee of the Senate.
SENATE OF THE UNITED STATES 

ONE HUNDRED SECOND CONGRESS 

FIRST SESSION { 

Convened January 3, 1991 

Adjourned January 3, 1992 

Convened January 3, 1992 

SECOND SESSION 1 

EXECUTIVE CALENDAR 

Tuesday, January 21, 1992 

PREPARED UNDER THE DIRECTION OF WALTER J. STEWART, 

SECRETARY OF THE SENATE 

By Gerald A. Hackett. Executive Clerk 
1 

TREATIES 

Calendar Treaty Subject Reported 

No. Doc. No. Bv 

1 EX. B., Two Related Protocols to the Convention for Feb 5 91 Reported f u'.orably 

95-1 the Unification of Certain Rules Relating by Mr. Pell, Committee on 

to International Carriage by Air, as Foreign Relations, with a 

Amended (Montreal Aviation Protocols No. 3 resolution of advice and 

and 4}. consent to ratification 

with provisos. (Printed 

report--Ex. Rept 102-1 

together with minority 

views). 
2 

NOMINATIONS 

Calendar Message Nominee, Off ice, And Predecessor Reported 

• 

• 

No. No. Bv 

DEPARTMENT OF HEALTH AND HUMAN 

SERVICES 

433 760-1 Arnold R. Tompkins, of Maryland, to be an Nov 20, 91 Mr. Bentsen, 

Assistant Secretary of Health and Human Committee on Finance, 

Services. without printed report. 

474 760-2 Arnold R. Tompkins, of Maryland, to be Nov 20, 91 Mr. Bentsen, 

Chief Financial Officer, Department of Committee on Finance, 

Health and Human Services. without printed report 

Committee on Governmental 

Affairs discharged Nov 25 

91. .. •S1gn1f1es nommee's commitment ~o respond to requests to appear :wd testify before any duly 

constituted committee of 'the Stifiate.
SENATE OF THE UNITED STATES 

ONE HUNDRED FIRST CONGRESS 

FIRST SESSION { 

Convened January 3, 1989 

Adjourned November 22, 1989 

Convened January 23, 1990 

SECOND SESSION { 

EXECUTIVE CALENDAR 

Thursday, March 29, 1990 

PREPARED UNDER THE DIRECTION OF WALTER J.STEWART, 

SECRETARY OF THE SENATE 

By Gerald A. Hackett, Executive Clerk 
Calendar 

No. 

* 386 

* 389 

* 601 

* 673 

* 674 

Message 

No. 

576 

771 

1029 

864 

894 

1 

NOMINATIONS 

Nominee, Office, And Predecessor 

NATIONAL LABOR RELATIONS BOARD 

Clifford R. Oviatt, Jr., of Virginia, to be 

a Member of the National Labor Relations 

Board for the remainder of the term 

expiring August 27, 1993, vice Wilford W. 

Johansen, resigned. 

Dennis M. Devaney, of Maryland, to be a 

Member of the National Labor Relations 

Board for the term of five years expiring 

December 16, 1994. (Reappointment) 

DEPARTMENT OF ENERGY 

John Wesley Bartlett, of Massachusetts, to 

be Director of the Office of Civilian 

Radioactive Waste Management, vice Ben C. 

Rusche, resigned. 

[NEW REPORTS] 

DEPARTMENT OF STATE 

Robert Gregory Joseph, of Virginia, for the 

rank of Ambassador during his tenure of 

service as United States Commissioner on 

the U.S.-USSR Standing Consultative 

Commission. 

John J. Maresca, of Connecticut, a Career 

Member of the Senior Foreign Service, 

Class of Minister-Counselor, for the rank 

of Ambassador during his tenure of service 

as Head of the United States Delegation to 

the Conference on Confidence and Security 

Building Measures (CSBM). 

Reported 

Bv 

Oct 4, 89 Mr. Kennedy, 

Committee on Labor and 

Human Resources, without 

printed report. 

Do. 

Feb 21, 90 Mr. Johnston, 

Committee on Energy and 

Natural Resources, without 

printed report. 

Mar 28, 90 Mr. Pell, 

Committee on Foreign 

Relations, without printed 

report. 

Do. 
2 

Calendar Message Nominee, Office, And Predecessor Reported 

No. No. Bv 

DEPARTMENT OF STATE -- Con. 

* 675 920 Everett Ellis Briggs, of New Hampshire, a Mar 28, 90 Mr. Pell, 

Career Member of the Senior Foreign Committee on Foreign 

Service, Class of Career Minister, to be Relations, without printed 

Ambassador Extraordinary and report. 

Plenipotentiary of the United States of 

America to the Republic of Portugal. 

* 676 922 Edward Morgan Rowell, of California, a Do. 

Career Member of the Senior Foreign 

Service, Class of Minister-Counselor, to 

be Ambassador Extraordinary and 

Plenipotentiary of the United States of 

America to Luxembourg. 

AFRICAN DEVELOPMENT FOUNDATION 

* 677 1075 Herman Jay Cohen, an Assistant Secretary of Do. 

State, to be a Member of the Board of 

Directors of the African Development 

Foundation for the remainder of the term 

expiring September 22, 1991, vice Chester 

A. Crocker. 

*Signifies nominee's commitment to respond to requests to appear and testify before any duly 

constituted committee of the Senate.
*

 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

February 23, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 04-41386

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOSE LIBORIO CISNEROS-JIMENEZ,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 5:04-CR-509-ALL

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

Before BARKSDALE, STEWART and CLEMENT, Circuit Judges.

PER CURIAM:*

JoseLiborioCisneros-Jimenez appeals his guilty-plea convictionand sentence for being found

in the United States, without permission, following deportation. See 8 U.S.C. § 1326(a), (b). He

contends that the sentencing provisions in 8 U.S.C. § 1326(b) are unconstitutional because they do

not require the fact of a prior felony or aggravated felony conviction to be treated as an element of

the offense and proved beyond a reasonable doubt. Cisneros-Jimenez’s constitutional challenge is
-2-

foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235 (1998). Although CisnerosJimenez contendsthat Almendarez-Torres wasincorrectlydecided and that a majorityofthe Supreme

Court would overrule Almendarez-Torres in light of Apprendi v. New Jersey, 530 U.S. 466 (2000),

we have repeatedly rejected such arguments on the basis that Almendarez-Torres remains binding.

See United States v. Garza-Lopez, 410 F.3d 268, 276 (5th Cir.), cert. denied, 126 S. Ct. 298 (2005).

Cisneros-Jimenez properly concedes that his argument is foreclosed in light of Almendarez-Torres

and circuit precedent, but he raises it here to preserve it for further review. Accordingly, CisnerosJimenez’s conviction is AFFIRMED. 

Cisneros-Jimenez also argues that the district court committed reversible error when it

sentenced him pursuant to the mandatory United States Sentencing Guidelines scheme held

unconstitutional in United States v. Booker, 543 U.S. 220 (2005). By sentencing Cisneros-Jimenez

under a mandatory guidelinesregime, the district court committed what this court refersto as Fanfan

error. See United States v. Walters, 418 F.3d 461, 463 (5th Cir. 2005). The Government concedes

that Cisneros-Jimenez preserved his Fanfan claimfor appellate review, that the district court’s actions

are reviewed for harmless error, and that it cannot show that the error was harmless. See id. at

463-64. The sentencing transcript supports the Government’s concession. We therefore we

VACATE Cisneros-Jimenez’s sentence and REMAND the case for resentencing.

CONVICTION AFFIRMED; SENTENCE VACATED; CASE REMANDED.