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this opinion should not be published and is not precedent except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

February 14, 2007

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 04-51435

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MARILYN JEAN INGRAM,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. 7:04-CR-108-3

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

Before BARKSDALE, GARZA, and CLEMENT, Circuit Judges.

PER CURIAM:*

Counsel appointed to represent Marilyn Jean Ingram has moved

for leave to withdraw and has filed a brief in accordance with

Anders v. California, 386 U.S. 738 (1967). Ingram has not filed

a response. Our independent review of counsel’s brief and the

record discloses no nonfrivolous issues for appeal. Accordingly,

counsel’s motion for leave to withdraw is GRANTED, counsel is

excused from further responsibilities herein, and the APPEAL IS

DISMISSED. See 5TH CIR. R. 42.2.
# Official Journal L 58/2019

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 58 |
| | |
| English edition | Legislation | Volume 6226 February 2019 |

ISSN 1977-0677

Official Journal

of the European Union

L 58

English edition

Legislation

Volume 6226 February 2019

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Regulation (EU) 2019/318 of 19 February 2019 amending Regulation (EU) 2017/2400 and Directive 2007/46/EC of the European Parliament and of the Council as regards the determination of the CO2 emissions and fuel consumption of heavy-duty vehicles (
  1
  ) | 1 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Regulation (EU) 2019/318 of 19 February 2019 amending Regulation (EU) 2017/2400 and Directive 2007/46/EC of the European Parliament and of the Council as regards the determination of the CO2 emissions and fuel consumption of heavy-duty vehicles (
  1
  )

2

1

1

| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

---

(1)   Text with EEA relevance.

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 236 Agreed to House (ATH)]

106th CONGRESS
  1st Session
H. CON. RES. 236

                Correcting the enrollment of H.R. 1180.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 18, 1999

  Mr. Rogers submitted the following concurrent resolution; which was 
                        considered and agreed to

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
                Correcting the enrollment of H.R. 1180.

    Resolved by the House of Representatives (the Senate concurring), 
That, in the enrollment of the bill (H.R. 1180), to amend the Social 
Security Act to expand the availability of health care coverage for 
working individuals with disabilities, to establish a Ticket to Work 
and Self-Sufficiency Program in the Social Security Administration to 
provide such individuals with meaningful opportunities to work, and for 
other purposes, the Clerk of the House of Representative shall make the 
following correction: Strike section 408 and insert the following:

``SEC. 408. CLIMATE DATABASE MODERNIZATION.

    ``Notwithstanding any other provision of law, the National Oceanic 
and Atmospheric Administration shall initiate a new competitive 
contract procurement for its multi-year program for key entry of 
valuable climate records, archive services, and database development in 
accordance with existing Federal procurement laws and regulations.''.

            Passed the House of Representatives November 18, 1999.

                                 <all>
```
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 28 Introduced in Senate (IS)]

105th CONGRESS
  1st Session
S. J. RES. 28

    Proposing an amendment to the Constitution of the United States 
   granting the President the authority to exercise an item veto of 
          individual appropriations in an appropriations bill.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 24, 1997

 Mr. Allard introduced the following joint resolution; which was read 
          twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                            JOINT RESOLUTION

 
    Proposing an amendment to the Constitution of the United States 
   granting the President the authority to exercise an item veto of 
          individual appropriations in an appropriations bill.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled (two-thirds of each House 
concurring therein), That the following article is proposed as an 
amendment to the Constitution of the United States, which shall be 
valid to all intents and purposes as part of the Constitution when 
ratified by the legislatures of three-fourths of the several States 
within 7 years after the date of its submission by the Congress:

                              ``Article--

    ``Section 1. The President shall have the power to disapprove any 
appropriation of an appropriations bill at the time the President 
approves the bill. The appropriations in the bill not disapproved shall 
become law upon approval by the President.
    ``Section 2. If the President disapproves an appropriation pursuant 
to this article, in signing the bill containing the appropriation, the 
President shall return a copy of the disapproved appropriation, with a 
statement of the reasons for the disapproval, to the House in which the 
appropriations bill originated. The House in which the appropriations 
bill originated may then reconsider the disapproved appropriation in a 
bill as provided for a bill returned by the President under section 7 
of article I. If the bill is approved as provided under section 7 of 
article I it shall become law.''.
                                 <all>
```
No. 56199.

protest 172178-K (A) (New York).

#### Alreco Metal Corporation *v.*United States,

Opinion by

Lawrence, J.

Prom an examination of the papers in the case the court found nothing therein tending in any way to overcome the presumption of correctness attaching to the decision of the collector. The protest was therefore overruled.
Attachment1:ProcessMap forImplementingthePost-Employment Restriction for“Senior Examiners”

Attachment 1, 508-compliant 

script: Process Map for Implementing 

the Post-Employment Restriction for “Senior Examiners” When an examiner is leaving the Federal 

Reserve, the first step is to determine 

if the examiner is leaving for 

a depository institution or depository institution 

holding company 

they have examined in the last 12 months. If 

yes, a workpaper review must 

be conducted (regardless of whether 

they are a senior examiner). The next step is to determine if the examiner 

is currently designated a senior examiner for the purposes of section 10(k). If yes, the 

post-employment restriction begins on the 

date that the individual leaves the Federal Reserve System. Restriction lasts 

for one year from the date of departure. If no, determine if 

the individual was in a senior examiner role within the past year. If yes, and the individual had a senior examiner assignment for over two months within the past 

year, the post-employment restriction 

is active as of the date the individual 

leaves the Federal Reserve 

System and lasts for one year.

If no, the individual is not subject to a 

post-employment 

restriction.
<PAGE>   1

                                                                   EXHIBIT 10.52

                                [IDC LETTERHEAD]

                               February 15, 2000

Telocity, Inc.
10355 North De Anza Boulevard
Cupertino, California 95014

     RE:  Use of Corporate Name in Prospectus
          -----------------------------------

To whom it may concern:

     We make reference to your request for permission to include our corporate
name in Telocity's prospectus. Telocity has filed a Registration Statement with
the Securities Exchange Commission (the "SEC") to register its shares for an
initial public offering. You have sought our consent to include statistics
obtained from our company as part of your prospectus.

     We hereby consent to the use of our corporate name in Telocity's
prospectus.


                                        /s/ HILLARY DEMELLO
                                        -------------------------------------
                                        Name: Hillary DeMello
                                        Title: Corporate Communication Manger
cc: Hon. Patrick Flanagan, District Judge Frederick Louis Ward King & Russo, Ltd. Washoe District Court Clerk

SUPREME COURT OF NEVADA 2 (0) 1947A 

### e
United States Court of Appeals

for the Fifth Circuit

No. 22-50077

Summary Calendar

United States of America, 

Plaintiff—Appellee,

versus

Jose Refugio Nieto-Uribe, 

Defendant—Appellant.

Appeal from the United States District Court

for the Western District of Texas

USDC No. 4:21-CR-730-1

Before Higginbotham, Graves, and Ho, Circuit Judges.

Per Curiam:*

Jose Refugio Nieto-Uribe appeals the sentence imposed following his 

guilty plea conviction for illegal reentry. The district court sentenced him 

within the guidelines range to 57 months of imprisonment and three years of 

supervised release.

* Pursuant to 5th Circuit Rule 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 Circuit Rule 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

October 5, 2022

Lyle W. Cayce

Clerk

Case: 22-50077 Document: 00516497624 Page: 1 Date Filed: 10/05/2022
No. 22-50077

2

Because Nieto-Uribe’s challenge to the substantive reasonableness of 

the sentence was preserved, our review is for an abuse of discretion. See Gall 

v. United States, 552 U.S. 38, 51 (2007); see also Holguin-Hernandez v. United 

States, 140 S. Ct. 762, 766–67 (2020). For a within-guidelines sentence, we 

presume that it is reasonable and that the district court has considered all of 

the statutory sentencing factors. See United States v. Jenkins, 712 F.3d 209, 

214 (5th Cir. 2013); see also 18 U.S.C. § 3553(a). 

The record reflects that the district court considered Nieto-Uribe’s 

contentions in support of a sentence below the guidelines range but rejected 

them. Ultimately, Nieto-Uribe simply disagrees with the sentence chosen by 

the district court and so fails to overcome the presumption that the district 

court imposed a reasonable sentence. See United States v. Ruiz, 621 F.3d 390, 

398 (5th Cir. 2010); see also United States v. Juarez-Duarte, 513 F.3d 204, 212 

(5th Cir. 2008). 

As Nieto-Uribe concedes, his challenge to the 8 U.S.C. § 1326(b) 

recidivism enhancement is foreclosed by Almendarez-Torres v. United States, 

523 U.S. 224 (1998). See United States v. Pervis, 937 F.3d 546, 553-54 (5th 

Cir. 2019). 

The district court’s judgment is AFFIRMED.

Case: 22-50077 Document: 00516497624 Page: 2 Date Filed: 10/05/2022
### WHIiams , Rene e (OST ) 

# hOeic& r)y)r/^T-ff?^'y-rf /

Subject : FW : Servic e t o Chisan a

From : Arthu rHaflige r[mailto:hafar@gmx.ch ] Sent : Thursday , Apri l 08 , 201 0 7:4 1 A M To : Little , Cynthi a M (DOT ) Subject : Servic e t o Chisan a Dea rMrs . Liddl e - - ; Ther e ar e rumor s tha t th e mai l servic e t o Chisan a i s revealed . A s a propert yowne ri n Chisan a I a m ver ymuch concerne d abou t this . Th e mai l plan e i s fo rmos t o fu s th e onl ywa yt o ge tther e physicall yan d t o hav e thing s sen tther e an d i fi twil l b e cu tof f th e lifelin e t o Chisan a woul d b e cu t of fas well . W e ar e wel l awar e tha t i t i s a costl yoperatio n an d i n m yopinio n ther e i s roo m fo rsaving s i n lookin g a tth e Pa xan d Freigh t number s wee k

b ywee k an d the n adjus t th e frequencie s accordingly . I don' tthin k tha tther e i s a twic e a wee k fligh t necessar

yi n Novembe ro n Tuesda yan d Thursda yan d als o i n othe rMonth s o ffe wactivit ybu ti n othe rMont h i tis . I hop e th e plan s o fcuttin g of fthi s servic e i s reconsidered . Your s sincerel y Arthu rHaflige r

Eschenrin g 1 2 630 0 Zu g Switzerlan d O i l 414 1 76 0 638 2
No. 68552.

protests 61/24385, 62/2357, and 62/2738 (New York).

#### Lafayette Brass Mfg. Co., Inc. *v.*United States,

Opinion by

Lawrence, J.

In accordance with stipulation of counsel that the merchandise consists of rotary lawn sprinklers or metal parts thereof similar in all material respects to those the subject of *The Durst Mfg. Co., Inc. v. United States*(50 CCPA 56, C.A.D. 820), the claim of the plaintiff was sustained.
<PAGE>   1
                                                                      EXHIBIT 15

PRICEWATERHOUSECOOPERS

                                                      PricewaterhouseCoopers LLP
                                                      1850 North Central Avenue
                                                      Suite 700
                                                      Phoenix, AZ  85004-4563
                                                      Telephone (602) 379-5500
                                                      Facsimile (602) 379-5639

                        Report of Independent Accountants

October 19, 1998

To the Board of Directors and Shareholders of
Central Newspapers, Inc.

We have reviewed the accompanying consolidated statement of financial position
of Central Newspapers, Inc. and its subsidiaries as of September 27, 1998, and
the consolidated statements of income, shareholders' equity and the cash flows
for the three-month and nine-month periods ended September 27, 1998 and
September 28, 1997. These financial statements are the responsibility of the
Company's management.

We conducted our review in accordance with standards established by the American
Institute of Certified Public Accountants. A review of interim financial
information consists principally of applying analytical procedures to financial
data and making inquiries of persons responsible for financial and accounting
matters. It is substantially less in scope than an audit conducted in accordance
with generally accepted auditing standards, the objective of which is the
expression of an opinion regarding the financial statements taken as a whole.
Accordingly, we do not express such an opinion.

Based on our review, we are not aware of any material modifications that should
be made to the consolidated financial statements referred to above for them to
be in conformity with generally accepted accounting principles.

We previously audited in accordance with generally accepted auditing standards,
the consolidated statement of financial position as of December 28, 1997, and
the related consolidated statements of income, shareholders' equity and of cash
flows for the year then ended (not presented herein), and in our report dated
February 2, 1998 we expressed an unqualified opinion on those consolidated
financial statements. In our opinion, the information set forth in the
accompanying consolidated statement of financial position as of December 28,
1997, is fairly stated in all material respects in relation to the consolidated
statement of financial position from which it has been derived.
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

AZAD MAHMUDOV,

Appellant,

v.

STEVE MARTIN, as Successor Trustee of the 1943 MONROE STREET 

#206 A REALTY TRUST,

Appellee.

No. 4D22-1483

[November 23, 2022]

Appeal of a non-final order from the Circuit Court for the Seventeenth 

Judicial Circuit, Broward County; Sandra Perlman, Judge; L.T. Case No.

CACE19-022175.

Carlton Bober and Bernadette Guerra of Vernis & Bowling of Broward, 

P.A., Hollywood, for appellant.

No appearance for appellee.

PER CURIAM.

Affirmed.

FORST, KUNTZ and ARTAU, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
---

Exhibit 99.14


CONSENT OF TIMOTHY A. ROSS Reference is made to the technical report entitled Technical Report Updatedated March 2, 2010, which the undersigned has prepared for Baja Mining Corp. (the Technical Report). I hereby consent to the inclusion of references to my name and references to, and information derived from, the Technical Report, in this Annual Report on Form 40-F of Baja Mining Corp., and the documents incorporated therein by reference, which is being filed with the United States Securities and Exchange Commission, and in the Registration Statement on Form F-10 (333-165352) of Baja Mining Corp. Dated this 31st day of March, 2011. /s/Timothy RossName: Timothy Ross


---
No. 56184.

protest 173931-K (New York).

#### Henry Schwab Lapidary, Inc. v. United States,

Opinion by

Olives, C. J.

In accordance with stipulation of counsel that the merchandise consists of synthetic stones the same in all material respects as those the subject of *S. Nathan & Co., Inc.*v. *United States*(37 C. C. P. A. 99, C. A. D. 426), the claim at 10 percent under paragraph 1528 was sustained.
| date    | Corporate Equity | Real Estate | Debt Securities | Other |
|---------|------------------|-------------|-----------------|-------|
| 2015:Q1 | 0.47             | 0.44        | 0.07            | 0.71  |
| 2015:Q2 | 0.07             | 0.52        | -0.24           | 0.42  |
| 2015:Q3 | -2               | 0.45        | 0.24            | 0.32  |
| 2015:Q4 | 1.01             | 0.32        | -0.08           | 0.24  |
| 2016:Q1 | 0.23             | 0.25        | 0.25            | 0.43  |
| 2016:Q2 | 0.55             | 0.65        | 0.24            | 0.3   |
| 2016:Q3 | 0.72             | 0.61        | -0.05           | 0.37  |
| 2016:Q4 | 0.4              | 0.42        | -0.49           | 0.14  |
| 2017:Q1 | 1.44             | 0.38        | -0.01           | 0.57  |
| 2017:Q2 | 0.79             | 0.74        | 0.19            | 0.45  |
| 2017:Q3 | 0.96             | 0.48        | 0.17            | 0.09  |
| 2017:Q4 | 1.57             | 0.46        | -0.05           | 0.52  |
| 2018:Q1 | -0.23            | 0.67        | 0.24            | 0.36  |
| 2018:Q2 | 0.5              | 0.43        | 0.18            | 0.21  |
| 2018:Q3 | 1.37             | 0.38        | 0.29            | 0     |
| 2018:Q4 | -4.5             | 0.25        | 0.09            | 0.34  |
| 2019:Q1 | 4.22             | 0.63        | 0.12            | 1.23  |
| 2019:Q2 | 0.91             | 0.53        | 0.49            | 0.32  |
| 2019:Q3 | -0.19            | 0.28        | 0.39            | 0.22  |
| 2019:Q4 | 2.46             | 0.33        | 0               | 0.63  |
| 2020:Q1 | -7.85            | 0.71        | -0.31           | 1.41  |
| 2020:Q2 | 5.79             | 0.68        | -0.01           | 1.41  |
| 2020:Q3 | 2.89             | 0.86        | 0.04            | 0.66  |
| 2020:Q4 | 5.71             | 1.08        | 0.3             | 1.2   |
| 2021:Q1 | 2.8              | 1.36        | -0.6            | 1.47  |
| 2021:Q2 | 3.37             | 2.34        | 0.26            | 0.72  |
| 2021:Q3 | 0.08             | 2           | 0.01            | 1.3   |
| 2021:Q4 | 1.97             | 0.9         | -0.06           | 1.04  |
| 2022:Q1 | -2.08            | 3.6         | -0.33           | 0.51  |
| 2022:Q2 | -7.79            | 2.32        | -0.29           | -0.07 |
| 2022:Q3 | -1.75            | -1.25       | 0.25            | -0.74 |
| 2022:Q4 | 2.25             | -0.97       | 0.69            | -1.13 |
| 2023:Q1 | 2.38             | -0.11       | 0.57            | 0.14  |
| 2023:Q2 | 2.63             | 2.58        | 0.45            | 0     |
| 2023:Q3 | -1.69            | 0.47        | -0.07           | -0.02 |
November 10, 2020

Paul W. Scott, Esq.

Senior Counsel

The Vanguard Group, Inc.

100 Vanguard Boulevard 

Malvern, Pennsylvania 19355

Dear Mr. Scott:

Acting under authority delegated by the Board,1 I have determined not to 

disapprove the notice filed under the Change in Bank Control Act (“CIBC Act”) 

(12 U.S.C. § 1817(j)) by The Vanguard Group, Inc. (“VGI”), Malvern, 

Pennsylvania, on behalf of itself, its subsidiaries and affiliates, and the investment 

companies registered under the Investment Company Act of 1940, other pooled 

investment vehicles, and institutional accounts that are sponsored, managed, or 

advised by VGI (collectively, “Notificants”) to acquire aggregate control of 

15 percent or more of Citizens Financial Group, Inc. (“Citizens”), parent of 

Citizens Bank, National Association, both of Providence, Rhode Island. In taking 

this action, I have considered the notice in light of the relevant statutory factors 

under the CIBC Act.

This determination is based on the specific facts and representations 

provided to the Board by Notificants. Any material change in those facts and 

representations could result in a different conclusion and should be immediately 

reported to staff at the Federal Reserve Bank of Boston (“Reserve Bank”). This 

action is specifically conditioned on compliance with all the commitments made to 

the Board related to this notice.

2

 For purposes of this action, the commitments are 

 1

 12 CFR 265.5(c)(2).

2

 See Letter from Mark Van Der Weide to Anne Robinson (November 26, 2019), 

available at 

https://www.federalreserve.gov/supervisionreg/legalinterpretations/bhcchangeinco

ntrol20191126a.pdf.
2

deemed to be conditions imposed in writing by the Board in connection with the 

findings and decision herein and, as such, may be enforced in proceedings under 

applicable law. 

The CIBC Act requires that each insured bank or bank holding company 

promptly report to the appropriate federal banking agency any change or 

replacement of its chief executive officer or any of its directors that occurs within 

the 12 months following any change in control and that it provide a statement of 

the past and current business and professional affiliations of the new chief 

executive officer or directors. We would appreciate Notificants’ cooperation in 

ensuring that, if any such changes occur, the required information be submitted to 

the Reserve Bank.

Very truly yours,

(Signed) Ann E. Misback

Ann E. Misback

Secretary of the Board

cc: Federal Reserve Bank of Boston