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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. United States Court of Appeals

Fifth Circuit 

## FILED June 20, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-40192 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus ERNESTO CARRANZA-MUNOZ, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 5:04-CR-1905-ALL

-------------------- Before STEWART, DENNIS, and OWEN, Circuit Judges. PER CURIAM: * Ernesto Carranza-Munoz (Carranza) pleaded guilty to being found in the United States unlawfully after deportation. See 8 U.S.C. § 1326. He was sentenced to 72 months of imprisonment and a three-year term of supervised release. Carranza argues that the district court erred in treating his Texas burglary conviction as a “crime of violence” under U.S.S.G. § 2L1.2(b)(1)(A)(ii). Because burglary of a habitation is the equivalent of “burglary of a dwelling” and is therefore anNo. 05-40192 -2- enumerated offense, Carranza’s argument is without merit. See United States v. Garcia-Mendez , 420 F.3d 454, 456 (5th Cir. 2005), cert. denied, 126 S. Ct. 1398 (2006); U.S.S.G. § 2L1.2, comment. n.1(B)(iii). Carranza argues for the first time on appeal that the district court erred when it imposed a condition of supervised release that requires him to cooperate in the collection of his DNA. Carranza’s claim is not ripe for review. See United States v. Riascos-Cuenu , 428 F.3d 1100, 1101-02 (5th Cir. 2005), petition for cert. filed (Jan. 9, 2006) (No. 05-8662). Therefore, this court lacks jurisdiction to review this claim, and this portion of the appeal is dismissed. Carranza challenges the constitutionality of 8 U.S.C. § 1326(b). Carranza’s constitutional challenge is foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998). Although Carranza contends that Almendarez-Torres was incorrectly decided and that a majority of the 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). Carranza concedes that his argument is foreclosed in light of Almendarez-Torres and circuit precedent, but he raises it here solely to preserve it for further review. JUDGMENT AFFIRMED; APPEAL DISMISSED IN PART.
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 the Treasury

###### Internal Revenue Service

# AGENCY:

Internal Revenue Service (IRS), Treasury.

# ACTION:

Notice of meeting.

# SUMMARY:

An open meeting of the Taxpayer Advocacy Panel's Special Projects Committee will be conducted. The Taxpayer Advocacy Panel is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service. This meeting will be held via teleconference.

# DATES:

The meeting will be held Wednesday, November 8, 2023.

# FOR FURTHER INFORMATION CONTACT:

Antoinette Ross at 1-888-912-1227 or 202-317-4110.

# SUPPLEMENTARY INFORMATION:

                    Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that an open meeting of the Taxpayer Advocacy Panel's Special Projects Committee will be held Wednesday, November 8, 2023, at 11 a.m. Eastern Time. The public is invited to make oral comments or submit written statements for consideration. Due to limited time and structure of meeting, notification of intent to participate must be made with Antoinette Ross. For more information please contact Antoinette Ross at 1-888-912-1227 or 202-317-4110, or write TAP Office, 1111 Constitution Ave. NW, Room 1509, Washington, DC 20224 or contact us at the website:                     *http://www.improveirs.org.*                     The agenda includes a committee discussion involving Expand VITA Programs that Service International Taxpayers; Video Conference Calls for US Taxpayers; IP Pin Letter for Overseas Taxpayers; Estate Gift Tax; Provide Clarity on Free File Pricing Under                     *IRS.gov;*                     Form 706 Estate Gift Tax Forms and Instructions; and Tax Practioners Revealing Their PII.                

Dated: October 10, 2023.

Kevin Brown,

Acting Director, Taxpayer Advocacy Panel.

[FR Doc. 2023-22724 Filed 10-13-23; 8:45 am]

BILLING CODE 4830-01-P
No. 67241.

protests 60/13823, etc. (Seattle).

#### Glencourt Importing Co. et al. *v.*United States,

Opinion by

Oliver, C.J.,

In accordance with stipulation of counsel that the merchandise and issues are similar in all material respects to those involved in *Falcon Sales Company*and *J. J. Murphy & Co.*v. *United States*(47 Cust. Ct. 129, C.D. 2292), the claim of the plaintiffs was sustained.
No. 63926.

protest 59/6939 (New York).

#### International Expediters, Inc. *v.*United States,

Opinion by

Lawrence, J.

The protest was dismissed.
Exhibit 32.1



CERTIFICATION  PURSUANT TO THE SARBANES-OXLEY ACT

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002



I, Michael Jordan Friedman, Chief Executive Officer and Chief Financial Officer of Fresh Harvest Products, Inc. (the Company), do hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:



1.  This Annual Report on Form 10-KSB of the Company for the year ended October 31, 2008 as filed with the Securities and Exchange Commission (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 operations of the Company.

/s/ Michael Jordan Friedman

_________________________________________

Michael Jordan Friedman, Chief Executive Officer





Date: signed on February 23, 2009







1
<PAGE>   1
                                                                   EXHIBIT 10.38



                      AMENDMENT EFFECTIVE JANUARY 12, 2000
                     TO THE DEFERRED RESTRICTED UNIT PLAN OF
                             U. S. TRUST CORPORATION
                      AS ADOPTED EFFECTIVE JANUARY 1, 1997

     The Deferred Restricted Unit Plan is amended effective January 12, 2000 as
follows:

     1.   Section 7 is hereby amended by adding the following sentence at the
          end of the first paragraph of the Section to read as follows:

          "Notwithstanding the foregoing, at the effective time of the merger of
          Patriot Merger Corporation ("Merger Sub") with and into the
          Corporation pursuant to an Agreement and Plan of Merger dated as of
          January 12, 2000, by and among The Charles Schwab Corporation
          ("Schwab"), Merger Sub and the Corporation (the "Merger Agreement"),
          payment with respect to each Participant's Account shall be made to
          the Participant, or if the Participant has died, to his or her
          Beneficiary, in the form of a single lump sum cash payment that would
          otherwise be required to be made hereunder upon a Change in Control,
          as determined in accordance with the procedures set forth in Section
          1.7 of the Merger Agreement."
Exhibit 32.1

CERTIFICATION PURSUANT TO SECTION

1350 OF CHAPTER 63 OF TITLE 18

OF THE UNITED STATES CODE AS

ADOPTED PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002

In connection with the filing of the Annual Report on Form 10-K of Cadence Pharmaceuticals, Inc. (Cadence)
for the year ended December 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the Report), each of the undersigned officers of Cadence, hereby certifies, pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that, to our knowledge:



| | (1) | The Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended, and
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------



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

The undersigned have executed this Certification effective as of March 4, 2011.

/s/    THEODORE R.
SCHROEDERTheodore R. Schroeder President, Chief Executive Officer and Director (Principal Executive
Officer)/s/    WILLIAM R.
LARUEWilliam R. LaRue Senior Vice President, Chief Financial Officer, Treasurer and Assistant
Secretary (Principal Financial and Accounting Officer)


The foregoing certification is being furnished solely to accompany the Report pursuant to 18 U.S.C. Section 1350, and is not
being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not to be incorporated by reference into any filing of Cadence, whether made before or after the date hereof, regardless of any general
incorporation language in such filing. A signed original of this written statement required by Section 906 has been provided to Cadence and will be retained by Cadence and furnished to the Securities and Exchange Commission or its staff upon
request.
Before the Third Division,

April 19, 1956

No. 59860.

#### Morganite, Inc. *v.*United States,

protests 182311-K, etc. (New York).

Opinion by

Johnson, J.

In accordance with stipulation of counsel that the merchandise consists of carbon powder similar in all material respects to that the *407subject of *Morganite, Inc.*v. *United States*(42 C. C. P. A. 207, C. A. D. 595), the claim of the plaintiff was sustained.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM CONSOLIDATED
BALANCE SHEET AND CONSOLIDATED STATEMENT OF OPERATIONS INCLUDED IN QUARTERLY
REPORT ON FORM 10-Q FOR THE QUARTERLY PERIOD ENDED SEPTEMBER 30, 1996 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH QUARTERLY REPORT ON FORM 10-Q FOR
THE QUARTERLY PERIOD ENDED SEPTEMBER 30, 1996.
</LEGEND>
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               SEP-30-1996
<EXCHANGE-RATE>                                      1
<CASH>                                           3,208
<SECURITIES>                                         0
<RECEIVABLES>                                    7,314
<ALLOWANCES>                                         0
<INVENTORY>                                    319,890
<CURRENT-ASSETS>                                     0
<PP&E>                                           4,162
<DEPRECIATION>                                   1,298
<TOTAL-ASSETS>                                 346,601
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           522
<OTHER-SE>                                      82,268
<TOTAL-LIABILITY-AND-EQUITY>                   346,601
<SALES>                                        222,840
<TOTAL-REVENUES>                               222,840
<CGS>                                          197,251
<TOTAL-COSTS>                                  197,251
<OTHER-EXPENSES>                                25,194
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,666
<INCOME-PRETAX>                                 (1,271)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             (1,271)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (1,271)
<EPS-PRIMARY>                                     (.02)
<EPS-DILUTED>                                     (.02)
        

</TABLE>
-                      - À propos de
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# FEMA in Action

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## FEMA's Strategic Plan in Action

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### We Are FEMA

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### Twenty Years Later: We Remember and Honor Those Who Responded to the 9/11 Attacks

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## Case Studies

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Retour en haut
<PAGE>   1
                                                                    Exhibit 24.2

                            SPECIAL POWER OF ATTORNEY

         KNOW ALL MEN BY THESE PRESENTS, that the undersigned constitutes and
appoints Scott A. Schuff and Kenneth F. Zylstra, and each of them, his true and
lawful attorney-in-fact and agent with full power of substitution and
resubstitution, for him and in his name, place, and stead, in any and all
capacities, to sign the Annual Report on Form 10-K for the fiscal year ended
December 31, 1998, for filing with the Securities and Exchange Commission by
Schuff Steel Company a Delaware corporation, together with any and all
amendments to such Form 10-K, and to file the same with all exhibits thereto,
and all documents in connection therewith, with the Securities and Exchange
Commission, granting to such attorneys-in-fact and agents, and each of them,
full power and authority to do and perform each and every act and thing
requisite and necessary to be done in and about the premises, as fully and to
all intents and purposes as he might or could do in person, hereby ratifying and
confirming all that such attorneys-in-fact and agents, or each of them, may
lawfully do or cause to be done by virtue hereof.

          DATED: February 12, 1999



                                             /s/ Dennis DeConcini
                                             ____________________
                                             DENNIS DeCONCINI
<PAGE>   2
STATE OF ARIZONA     )
                     )
County of Maricopa   )


         On this 12th day of February, 1999, before me, the undersigned Notary
Public, personally appeared Dennis DeConcini, known to me to be the person whose
name is subscribed to the within instrument and acknowledged that he executed
the same for the purposes therein contained.

         IN WITNESS WHEREOF, I hereunto set my hand and official seal.


                                             /s/ Melanie J. Camden
                                             ______________________
                                             Notary Public

My commission expires:

June 30, 1999
No. P68/66.

protests 67/36146, 67/36172, and 67/36180 (Los Angeles).

#### The H. J. Ashe Co., Inc. *v.*United States,

Ford, J.

In accordance with stipulation of counsel that the merchandise covered by the foregoing protests consists of batteries, classified as entireties with flashlights, similar in all material respects to those the subject of *Torch Mfg. Co., Inc.*v. *United States*(57 Cust. Ct. 521, C.D. 2863), wherein the court held that the flashlights and batteries were separate entities rather than an entirety and were separately dutiable, the claim of the plaintiff was sustained.
No. 67665.

#### Leading Forwarders, Inc., et al. *v.*United States,

protests 323399-K, etc. (New York).

Opinion by

Ford, J.

In accordance with stipulation of counsel that the items marked “A” consist of nylon pile fabrics similar in use to silk pile fabric, the claim at 25 percent under the provision in paragraph 1206, as modified by the General Agreement on Tariffs and Trade (T.D. 51802), for silk pile fabrics, by similitude under paragraph 1559, or as amended, was sustained. The items marked “B,” stipulated to consist of nylon knit fabric similar in use to silk knit fabric, were held dutiable at 27% percent under the provision in paragraph 1208, as modified by the Torquay Protocol to the General Agreement on Tariffs and Trade (T.D. 52739), for silk knit fabrics, in the piece, by similitude. *United States*v. *Steinberg Bros.*(47 CCPA 47, C.A.D. 727), followed.
# Official Journal L 339/2020

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 339 |
| | |
| English edition | Legislation | Volume 6315 October 2020 |

ISSN 1977-0677

Official Journal

of the European Union

L 339

English edition

Legislation

Volume 6315 October 2020

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | DECISIONS |
| | * | Commission Decision (EU) 2020/1472 of 20 March 2020 on the State aid SA.39078 – 2019/C (ex 2014/N) which Denmark implemented for Femern A/S
  (notified under document C(2020) 1683)

   (
  1
  ) | 1 |

Contents

II   Non-legislative acts

page

DECISIONS

*

Commission Decision (EU) 2020/1472 of 20 March 2020 on the State aid SA.39078 – 2019/C (ex 2014/N) which Denmark implemented for Femern A/S
  (notified under document C(2020) 1683)

   (
  1
  )

(notified under document C(2020) 1683)

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.
* Pursuant to Local 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 Local Rule

47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

No. 96-20127 

Summary Calendar

__________________

HENRY LEWIS, JR.,

 Plaintiff-Appellant,

versus

TIMOTHY CARTER; A.L.

LOSACK,

 Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

USDC No. CA-H-94-3952

- - - - - - - - - -

May 17, 1996

Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:*

Henry Lewis, Jr., argues that the district court abused its

discretion in dismissing his complaint as frivolous because the

notice he received advising him that he was to appear at a

disciplinary hearing contained an ambiguous charge. Lewis also

argues that he was erroneously found guilty of the disciplinary

charge. Lewis further argues that he was not tried before an

impartial disciplinary tribunal.
No. 96-20127

-2-

We have reviewed the record, the opinion of the district

court, and the brief, and find that the dismissal of the

complaint as frivolous was not reversible error. See Stewart v.

Thigpen, 730 F.2d 1002, 1005 (5th Cir. 1984). 

AFFIRMED.
EPA Registration 1677-226 

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