alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

for the Fifth Circuit ____________

No. 23-50195

Summary Calendar

____________

United States of America, 

Plaintiff—Appellee,

versus

Victor Manuel Corona-Lopez, 

Defendant—Appellant.

______________________________

Appeal from the United States District Court 

for the Western District of Texas

USDC No. 3:22-CR-1671-1

______________________________

Before Smith, Higginson, and Engelhardt, Circuit Judges.

Per Curiam:*

Victor Corona-Lopez appeals his conviction and sentence for illegal 

reentry under 8 U.S.C. § 1326(a) and (b)(1). Corona-Lopez contends that 

treating a prior felony conviction that increases the statutory maximum under 

§ 1326(b) as a sentencing factor, rather than a separate element of the offense, 

is unconstitutional. He has filed an unopposed motion for summary disposition and a letter brief conceding, correctly, that this issue is foreclosed by 

_____________________

* This opinion is not designated for publication. See 5th Cir. R. 47.5.

United States Court of Appeals

Fifth Circuit

FILED

September 12, 2023

Lyle W. Cayce

Clerk

Case: 23-50195 Document: 00516891816 Page: 1 Date Filed: 09/12/2023
No. 23-50195

2

Almendarez-Torres v. United States, 523 U.S. 224 (1998). See United States v. 

Pervis, 937 F.3d 546, 553–54 (5th Cir. 2019). Corona-Lopez asserts that he 

has raised the issue only to preserve it for possible further review. 

Because summary disposition is appropriate, see Groendyke Transp., 

Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), the motion is GRANTED, 

and the judgment is AFFIRMED.

Case: 23-50195 Document: 00516891816 Page: 2 Date Filed: 09/12/2023
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You havereached the Federal Depository Library Program Electronic Collection (FDLP/EC)Archive. This archive assures ongoing access to publications in the FDLP/EC.Access to publications in the archive is available through GPO's suite ofcataloging and locator services, including the Catalog of U.S. GovernmentPublications.  Archived copies of publications are retrieved in the eventthat publications are no longer available from the original publishing agencysite. (Historical purposes)
**Title:****Foreststewardship, information exchange.**** 
SuDocNumber:A13.165/3:
ItemNumber:0084-O-02(online)
CGPsystem Number:000590057
 
 
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 **
State of Wisconsin 

OEPARTMENTOFNATURALRESOURCES 

101 S. Webster Street 

Box 7921 

Madison WI 53707-7921 

January 28, 20 I 5 

Ms Susan Hedman 

USEPA Region V 

77 West Jackson Boulevard 

Chicago IL 60604 

Scott Walker, Governor 

Cathy Stepp, Secretary 

Telephone 608-266-2621 

Toll Free 1-888-936-7463 

TIY Access via relay- 711 

Subject: June 20, 2013 Infrastructure SIP Submission Clarification 

Dear Ms. Hedman: 

This letter is clarifying our June 20, 2013 Infrastructure SIP submission for the 2008 ozone and 20 I 0 N02 and 

S02 National Ambient Air Quality Standards (NAAQS). 

Our authority under Chapters 227 and 285, Wis. Stats, to create new rules and implement existing emission limits 

and controls allow us to meet the requirements on II O(a)(2)(A). The authority for WDNR to develop rules and 

regulations is found in Sections 227.11(2)(a), 285.11(1), and 285.21( l )(a), Wis. Stats. Section 227.11(2)(a), 

Stats., expressly confers rule making authority to an agency. Section 285.11 (I) and (6) requires the WDNR 

promulgate rules and establish control strategies in order to prepare and implement the State Implementation Plan 

(SIP) for the prevention, abatement and control of air pollution in the state. Section 285.21 (I )(a) requires that the 

WDNR promulgate by rule ambient air quality standards that are similar to, but not more restrictive than the 

NAAQS. 

The current Wisconsin administrative code contains existing controls and emission limits that addresses the 

NAAQS supplied in the June 20,2013 Infrastructure SIP submission. 

• 2008 ozone NAAQS- Chapters NR 4 I 9 through NR 425, Wis. Adm. Code, control VOC as an ozone 

precursor and Chapter NR 428, Wis. Adm. Code, control NOx as an ozone precursor. 

• 20 I 0 N02 NAAQS- Chapter NR 428, Wis. Adm. Code contains the controls and emission limits for 

nitrogen dioxide control. 

• 20 l 0 S02 NAAQS - Chapter NR 418, Wis. Adm. Code, contain the controls and emissions limits for 

sulfur dioxide control. 

If you should have any questions regarding this letter, please feel free to contact Ralph Patterson of my staff at 

608-267-7546. 

Sincerely, 

s� 

Director 

Bureau of Air Management 

dnr.wi.gov 

wisconsin.gov Naturally WISCONSIN �)PR/Iil'ED • ONRECYct.ED 

PAPER
January 10, 2012

JUDGMENT

The Fourteenth Court of Appeals

MALONE & BAILEY, P.C., MALONEBAILEY L.L.P., AND 

JOHN C. MALONE, Appellants

NO. 14-11-00600-CV V.

DAVID GROSSMAN AND JEFF HOUSTON, Appellees

____________________

Today the Court heard appellant's motion to dismiss the appeal from the judgment 

signed by the court below on April 11, 2011. Having considered the motion and found it 

meritorious, we order the appeal DISMISSED.

We further order that all costs incurred by reason of this appeal be paid by 

MALONE & BAILEY, P.C., MALONEBAILEY L.L.P., AND JOHN C. MALONE.

We further order this decision certified below for observance.

We further order the mandate be issued immediately.
SENATE OF THE UNITED STATES 

NINETY-SEVENTH CONGRESS 

FIRST SESSION { 

Convened January 5, 1981 

Ad;ourned December 16, 1981 

Convened January 25, 1982 

SECOND SESSION { 

EXECUTIVE CALENDAR 

Monday, February 22, 1982 

PREPARED UNDER THE DIRECTION OF WILLIAM F. HILDENBRAND, 

SECRETARY OF THE SENATE 

By Gerald A. Hackett, Executive Clerk 
:alendar 

No. 

31 

32 

33 

34 

Treaty 

Doc. No. 

Ex. R 

95-1 

Ex. W, 

96-1 

Ex. A. 

96-2 

Ex. P, 

96-2 

1 

TREATIES 

Subject 

Montreal Aviation Protocols 3 and 4. 

Treaty of Friendship With Tuvalu. 

Treaty of Friendship with the Republic of 

Kiribati. 

Treaty with the Cook Islands on Friendship 

and Delimitation of the Maritime Boundary. 

Committee 

Action 

Dec. 16, 81 Reported 

favorably, with certain 

conditions and 

recommendations to the 

resolution of 

ratification, by Mr. 

Percy, Committee on 

Foreign Relations, with a 

printed report (Ex. Rept. 

97-45). 

Feb. 11. 82 Reported 

favorably, without 

amendment to the 

resolution of 

ratification, by Mr. 

Percy, Committee on 

Foreign Relations, with a 

printed report (Ex. Rept. 

97-47). 

Feb. 11, 82 Reported 

favorably, without 

amendment to the 

resolution of 

ratification, by Mr. 

Percy, Committee on 

Foreign Relations, with a 

printed report (Ex. Rept. 

97-48). 

Feb. 11, 82 Reported 

favorably, without 

amendment to the 

resolution of 

ratification, by Mr. 

Percy, Committee on 

Foreign Relations, with a 

printed report (Ex. Rept. 

97-49). 
2 

Calendar Treaty Subject Committee 

No. Doc. No. Action 

35 97-5 Treaty with New Zealand on the Delimitation Feb. 11, 82 Reported 

of the Maritime Boundary between the favorably, without 

United States and Tokelau. amendment to the 

resolution of 

ratification, by Mr. 

Percy, Committee on 

Foreign Relations, with a 

printed report (Ex. Rept. 

97-50) 

NOMINATIONS 

Calendar Message Nominee, Office, And Predecessor Committee 

No. No. Action 

DEPARTMENT OF STATE 

* 615 824 James Daniel Theberge, of the District of Feb 9, 82 Committee on 

Columbia, to be Ambassador Extraordinary Foreign Relations. Reported 

and Plenipotentiary of the United States by Senator Percy with 

of America to Chile. printed Executive report -

Ex.Rept. 97-46. 

INTERSTATE COMMERCE COMMISSION 

* 616 686 Frederic N. Andre, of Indiana, to be a Feb 9, 82 Committee on 

Member of the Interstate Commerce Commerce. Reported by 

Commission for the term of seven years Senator Packwood without 

from January 1, 1981, vice Charles L. printed report. 

Claon. term expired. 

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

constituted committee of the Senate.
Hillsborough,

No. 4972.

#### Arthur E. Porter, *Adm’r v.*Frank R. Dziura.

Argued February 6, 1962.

Decided March 22, 1962.

*Chretien & Chretien (Mr. Charles E. Chretien*orally), for the plaintiff.

*Broderick, Manning & Sullivan (Mr. James A. Manning*orally), for the defendant.

*90Wheeler, J.

It is true as argued by the defendant that the plaintiff’s declaration involves “many different aspects” of the alleged relationship between the parties. Contrary to the usual argument advanced in such cases it is urged that it says too much rather than too little.

Pleadings should be stated with sufficient conciseness and clarity so that the “case may be rightly understood.” RSA 514:8. “The defendant is entitled to be informed of the theory on which the plaintiffs are proceeding and the redress they claim as a result of defendant’s actions.” *Morency*v. *Plourde,*96 N. H. 344, 346. The plaintiff’s declaration fails to meet this standard. Certain of his “Claims” state no separate cause of action and the declaration is so prolix that it does not inform the defendant of the theory on which the plaintiff is proceeding. *Morency*v. *Plourde, supra.*

While the defendant was not entitled to have the action abated, the plaintiff should be required to amend to state more precisely the grounds upon which he seeks to recover.

*Remanded.*

All concurred.
#### § 1153.111 Notice.

The agency shall make available to employees, applicants, participants, beneficiaries, and other interested persons such information regarding the provisions of this part and its applicability to the programs or activities conducted by the agency, and make such information available to them in such manner as the head of the agency finds necessary to apprise such persons of the protections against discrimination assured them by section 504 and this regulation.
SENATE OF THE UNITED STATES 

ONE HUNDRED SECOND CONGRESS 

Convened January 3, 1991 FIRST SESSION f 

SECOND SESSION f 

EXECUTIVE CALENDAR 

Monday, June 24, 1991 

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 favorably 

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

to International Carriage by Air, as Foreign Relations, w1th 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). 

NOMINATIONS 

Calendar Message Nominee, Office, And Predecessor Reported 

No. No. Bv 

DEPARTMENT OF STATE 

* 80 139 David Floyd Lambertson, of Kansas, a Career May 7, 91 Mr. Pell, 

Member of the Semor Foreign Service, Committee on Foreign 

Class of Minister-counselor, to be Relations, without printed 

Ambassador Extraordinary and report. 

Plenipotentiary of the United States of 

America to the Kingdom of Thailand. 

DEPARTMENT OF DEFENSE 

* 190 316 Nancy Patricia Dorn, of Texas, to be an Jun 19, 91 Mr. Warner, 

Assistant Secretary of the Army, vice Committee on Armed 

Robert W. Page, Sr., resigned. Services, without printed 

report. 

[NEW REPORTS) 
2 

Calendar Message Nominee, Office, And Predecessor Reported 

* 

No. No. Bv 

DEPARTMENT OF THE TREASURY 

205 335 Mary Catherine Sophos, of California, to be Jun 21, 91 Mr. Bentsen, 

a Deputy Under Secretary of the Treasury, Committee on Finance, 

vice Brvce L. Harlow resi1med. without Printed reoort. .. *S1gn1f1es nominee's commitment to respond to requests to appear and testify before any duly 

constituted committee of the Senate.
Will M. Ollison

Senior Scientific Advisor

Regulatory and Scientific Affairs

1220 L Street, NW Washington, DC 20005-4070

USA Telephone 202-682-8262

Fax 202-682-8270 Email ollisonw@api.org www.api.org June 10, 2011

Karl Simon

Director USEPA/OAR/OTAQ/CISD 1200 Pennsylvania Ave., N.W. Washington, D.C. 20460

RE: CAA Section 211(b) Fuels and Fuel Add itives Health Effects Testing Regulation: Submission for 211(b) (Docket No. A-90-07)

Dear Mr. Simon:

Enclosed is a compiled version of the Marc h 25, 2009 final Exposure Study Report, Section 211(B) Tier 2 High End Exposure Study of Conv entional and Oxygenated Gasoline, approved by EPA May 10, 2010 and posted May 24, 2010 to the EPA website http://www.regulations.gov/#!searchRe sults;rpp=10;po=60;s=EPA-HQ-OAR-2003-0065

.

The compiled version integrates into one doc ument the exposure study report, a separate supplemental report expanding the presentation of acetaldehyde data, the appendices, and the errata that were posted separately May 24, 2010. This version is provided as a courtesy in response to a request from Joe S opata (USEPA/OAR/OTAQ/CISD/FPSG).

In undertaking this compilation additional minor typographical corrections and editorial changes were made to facilitate incorporation of these separately posted parts. These additional changes

are listed in an enclosure to this letter for your information.

Sincerely,

Will M. Ollison

Enclosures (2)

cc: Joe Sopata
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

# ACTION:

Announcement of Meeting. 

# SUMMARY:

This notice announces the eleventh meeting of the American Health Information Community Chronic Care Workgroup in accordance with the Federal Advisory Committee Act (Pub. L. No. 92-463, 5 U.S.C., App.).

# DATES:

November 8, 2006, from 1 p.m. to 4 p.m.

# ADDRESSES:

Mary C. Switzer Building (330 C Street, SW., Washington, DC 20201, Conference Room 4090 (please bring photo ID for entry to a Federal building).

# FOR FURTHER INFORMATION CONTACT:

*http://www.hhs.gov/​healthit/​ahic/​cc_​main.html.*

# SUPPLEMENTARY INFORMATION:

The Workgroup will discuss the demonstration project and secure messaging.

                    The meeting will be available via Web cast at                     *http:///www.hhs.gov/​healthit/​ahic/​cc_​instruct.hml.*

Dated: October 11, 2006.

Judith Sparrow,

Director,  American Health Information Community, Office of Programs and Coordination, Office of the National Coordinator for Health Information Technology.

[FR Doc. 06-8737 Filed 10-17-06; 8:45am]

BILLING CODE 4150-24-M
#### § 1915.1017 Vinyl chloride.

Note:

The requirements applicable to shipyard employment under this section are identical to those set forth at [§ 1910.1017 of this chapter](/on/2024-09-23/title-29/section-1910.1017).

[[61 FR 31430](https://www.federalregister.gov/citation/61-FR-31430), June 20, 1996]
Rockingham,

No. 5178.

#### Marion A. MacGregor *& a. v.*John O. Morton, *Comm'r.*

Argued September 4, 1963.

Decided November 5, 1963.

*148
      *Arthur E. Porter*(by brief and orally), for the plaintiffs.

*William, Maynard,*Attorney General, and *Ronald H. Bean,*Assistant Attorney General *{Mr. Bean*orally), for the defendant.

Blandin, J.

The record before us appears to present the single issue, as stated in the brief of the plaintiffs, Marion A. and Gladys E. MacGregor: “Should a temporary injunction be ordered requiring Commissioner Morton to give the [plaintiffs] access to their home until there has been an adjudication on the merits.” In considering this question, it seems unnecessary to detail the voluminous facts alleged in the plaintiffs’ original petition, their motion to amend and those agreed upon by the parties. The determination of all disputed facts upon which a final decision depends must eventually be made by the Trial Court. *Richardson*v. *Beattie,*98 N. H. 71, 76.

The plaintiffs’ original petition, together with their motion to amend claim, in substance that their premises are “landlocked,” that the Commissioner has arbitrarily, capriciously, unreasonably, without exercising any discretion and in bad faith, denied them all access to Route 102. They state that his action is also *149discriminatory, since other abutters on this route have been given access. In short, they charge that he has abused the discretionary powers granted him under RSA 236:3, so that they are entitled to equitable relief. *Fortin*v. *Morton,*101 N. H. 477.

It is well established that abutters on a limited access road, as here involved, have no rights of access such as they have to conventional highways. *Morton*v. *State,*104 N. H. 134. The Commissioner’s powers, under the discretion granted him by RSA 236:3, to limit or deny access in the interest of public safety and in furtherance of the objectives of the limited access facility, are broad and too well established to require extended discussion. *Wiseman*v. Merrill, 99 N. H. 256; *Kostrelos*v. *Merrill,*101 N. H. 317. Unless the defendant failed to exercise discretion or abused his power in refusing the plaintiffs access, his decision will not be disturbed. *Fortin*v. *Morton,*101 N. H. 477.

In the present case, the Trial Court, by denying the plaintiffs’ motion for a temporary injunction, after hearing, found that they had failed to establish grounds for the relief sought. The entire record before us does not establish any error in the order of the Court.

*Exception overruled.*

All concurred.
[Federal Register Volume 71, Number 196 (Wednesday, October 11, 2006)]
[Notices]
[Pages 59798-59799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8585]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Cancer Institute; 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 522b(c)(6), Title 5 
U.S.C.,

[[Page 59799]]

as amended. The contract proposals and the discussions could disclose 
confidential trade secrets or commercial property such as patentable 
material, and personal information concerning individuals associated 
with the contract proposals, the disclosure of which would constitute a 
clearly unwarranted invasion of personal privacy.

    Name of Committee: National Cancer Institute Special Emphasis 
Panel, SBIR Topic 211 and Topic 212 (Phase II).
    Date: November 7, 2006.
    Time: 1 p.m. to 4 p.m.
    Agenda: To review and evaluate contract proposals.
    Place: National Institutes of Health, 6116 Executive Boulevard, 
Rockville, MD 20852. (Telephone Conference Call).
    Contact Person: Kirt Vener, PhD. Branch Chief, Special Review 
and Logistics Branch, Division of Extramural Activities, National 
Cancer Institute, NIH, 6116 Executive Boulevard, Room 8061, 
Rockville, MD 20852. (301) 496-7174. <a href="/cdn-cgi/l/email-protection#6117040f04130a210c00080d4f0f08094f060e17"><span class="__cf_email__" data-cfemail="6016050e05120b200d01090c4e0e09084e070f16">[email protected]</span></a>.

Catalogue of Federal Domestic Assistance Program Nos. 93.392, Cancer 
Construction; 93.393, Cancer Cause and Prevention Research; 93.394, 
Cancer Detection and Diagnosis Research; 93.395, Cancer Treatment 
Research; 93.396, Cancer Biology Research; 93.397, Cancer Centers 
Support; 93.398, Cancer Research Manpower; 93.399, Cancer Control, 
National Institutes of Health, HHS)

    Dated: October 1, 2006.
Anna Snouffer,
Acting Director, Office of Federal Advisory Committee Policy.
[FR Doc. 06-8585 Filed 10-10-06; 8:45 am]
BILLING CODE 4140-01-M


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</html>
#### Alfred Hallowell, appellant, v. Thomas L. Sloan, appellee.

Filed January 7, 1914.

No. 17,360.

1. Judgment: Vacation: Time for. Filing Petition. Section 318 of the code, which permits the commencement of á suit to vacate a judgment previously rendered, provides that “no such petition shall be filed more than one year after the final judgment was rendered.” Where the final judgment was rendered on the 8th day of April, 1907, and 'the petition for a new trial was not filed until the 3d' day of November, 1909, it is *held*that the petition was filed too late to confer jurisdiction or authority upon the district court to entertain the suit, and that a general demurrer to the petition was rightly sustained.

2. -: -: -. The taking of an appeal from the original judgment to the supreme court will not have the effect of extending the time within which a petition for a new trial may be filed. See *Heilman v. Adler <6 Sons Clothing Co.,*60 Neb. 580.

Appeal from the district court for Thurston county: Guv T. Graves, Judge.

*Affirmed.*

*Hiram Ghase,*for appellant.

*Herman Freese*and *Thomas L.*Sloan, *contra.*

Reese, O. J.

This is an action brought to vacate a judgment and for a new trial in an action by defendant against plaintiff *2then pending in the district court for Thurston county, and in which the judgment was rendered on the 8th day of April, 1907. The petition in this case was filed on the 3d day of November, 1909. The action is based upon the provisions of section 318 of the code, which provides that “no such petition shall be filed more than one year after the final judgment was rendered.” From the 8th day of April, 1907, to the 3d day of November, 1909, was more than one year. Therefore there was no jurisdiction or authority for the filing of the petition or for any action to be taken by the district court.

An appeal was taken from the entry of the original judgment by the. district court *(Sloan v. Hallowell,*83 Neb. 762), and a final order of affirmance was rendered March 20, 1909. From that date to the filing of the petition in this case was less than one year, but in *Hellman v. Adler & Sons Clothing Co.,*60 Neb. 580, it was held that the “final judgment” referred to in section 318 of the code is the judgment rendered by the district court, and that an appeal to the supreme court does not extend the time within which the petition might be filed.

The judgment of the district court sustaining a general demurrer to the • petition and dismissing the suit is therefore

Affirmed.

Letton, J.,

concurring.

I concur for the reason that there are no facts set forth in the petition which malee the case one for the intervention of a court of equity.

Barnes, Fawcett and Hamer, JJ., not sitting.