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this opinion should not be published and is not precedent except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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 01-40158

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

SALVADOR TOBIAS-PEREZ,

Defendant-Appellant. 

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. B-00-CR-384-1

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

December 27, 2001

Before DAVIS, BENAVIDES and STEWART, Circuit Judges.

PER CURIAM:*

Salvador Tobias-Perez pleaded guilty to count 2 of an

indictment charging him for possession with intent to distribute

marijuana. Tobias has appealed his conviction and sentence. 

Tobias contends that his guilty plea should be vacated

because he was advised erroneously at the rearraignment that he

was subject to a four-year period of supervised release, when in

fact he was subject to a four-to-five-year period of supervised

release. We review this question for harmless error. See United

States v. Johnson, 1 F.3d 296, 302 (5th Cir. 1993) (en banc); see

also Fed. R. Crim. P. 11(h). To determine whether flawed advice
No. 01-40158

-2-

regarding supervised release is harmless, this court typically

compares the statutory maximum sentence to the "worst case"

scenario that a defendant could face if supervised release were

revoked on the last day of its term. See United States v.

Hekimain, 975 F.2d 1098, 1101-03 (5th Cir. 1992) (citing United

States v. Bachynsky, 934 F.2d 1349, 1359-60 (5th Cir. 1991) (en

banc)); see also United States v. Cuevas-Andrade, 232 F.3d 440,

444 (5th Cir. 2000), cert. denied, 121 S. Ct. 1748 (2001). 

Because Tobias understood that he could have received a maximum

term of imprisonment of 40 years, and because that term exceeds

both his maximum aggregate period of incarceration and his "worst

case" scenario, the district court's noncompliance with Fed. R.

Crim. P. 11 was harmless error. See Cuevas-Andrade, 232 F.3d at

444. 

Tobias contends that the district court erred in adjusting

his offense level under U.S.S.G. § 3C1.2 for reckless

endangerment. Tobias argues that there was no evidence that he

endangered other motorists in attempting to flee from Border

Patrol agents. The probation officer's finding as to reckless

endangerment was based upon an agent's statement that Tobias had

attempted to evade arrest by fleeing in his vehicle and that

there were other cars which Tobias must have passed at a high

rate of speed. Tobias offered no evidence in rebuttal. The

probation officer's factual findings bore sufficient indicia of

reliability to support their probable accuracy. See United

States v. Young, 981 F.2d 180, 185 (5th Cir. 1992). The district

court's implicit reliance on these findings in overruling Tobias'
No. 01-40158

-3-

objection to the U.S.S.G. § 3C1.2 enhancement was not clearly

erroneous. See United States v. Fitzhugh, 984 F.2d 143, 146 (5th

Cir. 1993) (standard of review). The judgment is 

AFFIRMED.
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 403 Introduced in House (IH)]

106th CONGRESS
  2d Session
H. CON. RES. 403

Recognizing, appreciating, and remembering with dignity and respect the 
  Native American men and women who have served the United States in 
                           military service.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 18, 2000

  Mr. Stupak submitted the following concurrent resolution; which was 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
Recognizing, appreciating, and remembering with dignity and respect the 
  Native American men and women who have served the United States in 
                           military service.

Whereas it is necessary to recognize, appreciate, assist, and remember the 
        Native American men and women who have served the United States in 
        military service;
Whereas Native American men and women have served the United States armed forces 
        in every military campaign since the American Revolutionary War;
Whereas some tribes, notably the Ottawa Nation, sent a special company of 
        warriors to serve in the Civil War with the Michigan Sharpshooters and 
        the Ottawa Warriors of Company K were highly decorated for their brave 
        actions in that military action;
Whereas some tribes, notably the Ottawa Nation, sent their finest warriors to 
        serve in the Spanish American War and one of their warriors 
        distinguished himself in the calvary with Teddy Roosevelt on San Juan 
        Hill;
Whereas some tribes, notably Ottawa, Chippewa, and Potawatomi answered the 
        warrior call from within and served in great numbers in World War I even 
        though they were not accepted as citizens of this country at that time;
Whereas the Navajo Code Talkers as well as other tribes, including the Ottawa 
        and Chippewa, used their sacred languages to assist our country in World 
        War II;
Whereas these sacred languages were also used to assist the United States 
        efforts in the Korean war and the Vietnam conflict during which Native 
        American veterans distinguished themselves with their bravery;
Whereas Native American veterans served in operations Desert Storm and Desert 
        Shield; and
Whereas Native Americans have served in the United States military in numbers 
        that far exceed their representation in the United States population: 
        Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That the Congress recognizes, appreciates, and remembers with dignity 
and respect the service to the United States of Native American 
veterans.
                                 <all>
```
III

106TH CONGRESS

2D SESSION H. CON. RES. 446

IN THE SENATE OF THE UNITED STATES

DECEMBER 15 (legislative day, SEPTEMBER 22), 2000

Received

CONCURRENT RESOLUTION

Providing for the sine die adjournment of the second session

of the One Hundred Sixth Congress.

1 Resolved by the House of Representatives (the Senate

2 concurring), That when the House adjourns on the legisla3 tive day of Friday, December 15, 2000, Saturday, Decem4 ber 16, 2000, or Sunday, December 17, 2000, on a motion

5 offered pursuant to this concurrent resolution by its
2

HCON 446 RDS

1 Majority Leader or his designee, it shall stand adjourned

2 sine die, or until noon on the second day after Members

3 are notified to reassemble pursuant to section 2 of this

4 concurrent resolution; and that when the Senate adjourns

5 on Friday, December 15, 2000, Saturday, December 16,

6 2000, or Sunday, December 17, 2000, on a motion offered

7 pursuant to this concurrent resolution by its Majority

8 Leader or his designee, it shall stand adjourned sine die,

9 or until noon on the second day after Members are notified

10 to reassemble pursuant to section 2 of this concurrent res11 olution.

12 SEC. 2. The Speaker of the House and the Majority

13 Leader of the Senate, acting jointly after consultation with

14 the Minority Leader of the House and the Minority Lead15 er of the Senate, shall notify the Members of the House

16 and Senate, respectively, to reassemble whenever, in their

17 opinion, the public interest shall warrant it.

Passed the House of Representatives December 15,

2000.

Attest: JEFF TRANDAHL,

Clerk.
No. 61649.

#### Modernaire Furniture, Inc., et al. *v.*United States,

protests 280750-K, etc. (New York).

Opinion by

Mollison, J.

In accordance with stipulation of counsel that the merchandise consists of headboards similar in. all material respects to those the subject of Abstract 61224, the items entered, or withdrawn from warehouse, for consumption prior to June 30, 1956, were held dutiable at *12}(*percent under paragraph 412, as modified by th'e General Agreement on Tariffs and Trade (T. D. 51802), and the items entered, or withdrawn from warehouse, for consumption on and after said date were held dutiable at 11)4 percent under said paragraph, as modified by the Sixth Protocol to the General Agreement on Tariffs and Trade (T. D. 54108).
Before the First Division,

October 21, 1955

No. 59367.

protest 229405-K (New York).

#### M. Pressner & Co. *v.*United States,

Opinion by

Oliver, C. J.

In accordance with stipulation of counsel that the merchandise consists of glass bead Christmas tree ornaments similar in all material respects to those the subject of *Walco Bead Co., Inc.*v. *United States*(29 Cust. Ct. 62, C. D. 1445), the claim of the plaintiff was sustained.
)

EGYPTMR )

))

for an Exemption pursuant to 49 U.S.C. § 40109

(U.S.-Egypt Code-Share) )

)

Docket DOT-OST-2008-0383

APPLICATION OF EGYPTAIR

FOR RENEWAL OF EXEMPTION AUTHORITY

Communications concerning this document may be served upon:

Dated: April 4, 2012

Christopher Carlsen

CLYDE & CO. US LLP

405 Lexington AvenueNew York, NY 10174

Phone: 212-710-3930

Email: Christopher.Carlsen@clydeco.us

Counsel for EgyptAir

NOTICE: Answers to this Application are due on or before April 11, 2011. Copies of

such answers should be served upon the undersigned and all persons on the

attached service list.
)

EGYPTAIR )

) Docket DOT-OST-2008-0383

)

for an Exemption pursuant to 49 U.S.C. § 40109

(U.S-Egypt Code-Share)

DATED: April 4, 2012

APPLICATION OF EGYPTAIR

FOR RENEWAL OF EXEMPTION AUTHORITY

Pursuant to 49 U.S.C. § 40109, EgyptAir hereby applies for renewal of its

exemption authority granted by the Department in the Notice of Action Taken dated

April 7,2009, and renewed for the period from April 7, 2011 -April 7,2012 by Notice of

Action Taken dated April 7, 2011, in the above-referenced docket. This authority permits

EgyptAir to provide scheduled foreign air transportation of persons, property and mail

between points in Egypt, on the one hand, and Chicago, IL, Los Angeles, CA, San

Francisco, CA, and Washington, DC, on the other hand, via the United Kingdom and

New York City, under its code-arrangement with United Air Lines, Inc. (“United”) and is

scheduled to expire on April 8, 2011. By this timely filed application, EgyptAir requests

that the Department renew its exemption authority for a minimum period of two years,

subject to the Department’s usual conditions. EgyptAir invokes and relies upon the

applicable provisions of the Administrative Procedures Act (5 U.S.C. § 558 (c)), as

implemented by Part 377 of the Department’ s Special Regulations, to continue in effect
EgyptAir’s exemption would ensure the continuation of competitive online service for

consumers of U.S.-Egypt air services.

WHEREFORE, EgyptAir respectfully requests the Department to renew its

exemption authority described above for a minimum period of two years and grain such

other and further relief as the Department deems appropriate.

Retted,

Christopher Carlsen

CLYDE & CO. US LLP

405 Lexington Avenue

New York, NY 10174

Phone: 212-710-3930

Email: Christopher.carlsen@clydeco.usCounsel for EgyptAir
urskr@state.gov hn.a1lenc?faa.gov

carlnelson@aa.com kevin.montgomery@polarafrcargo.com

charters @evergreenairlines.com mlbenge@zsrlaw.comanita.mosner@hklaw.com nssparks @fedex.com

dan.weiss @united.com rpommer@atlasair.com

howard kass @usairways.com sascha.vanderbellen@delta.com

Dated: April 4, 2012
<TABLE> <S> <C>

<ARTICLE> 9
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
REGISTRANTS CONSOLIDATED FINANCIAL STATEMENTS FOR THE SIX MONTHS ENDED
JUNE 30, 1997, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS
</LEGEND>
<CIK> 0000877987
<NAME> FIRST COMMUNITY BANCSHARES, INC.
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                         954,430
<INT-BEARING-DEPOSITS>                       5,991,715
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                  1,887,331
<INVESTMENTS-CARRYING>                         2,442,908
<INVESTMENTS-MARKET>                           2,416,000
<LOANS>                                     73,119,241
<ALLOWANCE>                                    718,454
<TOTAL-ASSETS>                              87,391,147
<DEPOSITS>                                  78,469,166
<SHORT-TERM>                                         1,378,830
<LIABILITIES-OTHER>                            419,078
<LONG-TERM>                                  0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     6,181,486
<OTHER-SE>                                     920,984
<TOTAL-LIABILITIES-AND-EQUITY>              87,391,147
<INTEREST-LOAN>                              3,181,392
<INTEREST-INVEST>                              296,208
<INTEREST-OTHER>                               0
<INTEREST-TOTAL>                             3,447,600
<INTEREST-DEPOSIT>                           1,724,352
<INTEREST-EXPENSE>                           1,796,395
<INTEREST-INCOME-NET>                        1,681,205
<LOAN-LOSSES>                                  111,000
<SECURITIES-GAINS>                               0
<EXPENSE-OTHER>                              1,225,607
<INCOME-PRETAX>                                484,477
<INCOME-PRE-EXTRAORDINARY>                     484,477
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   322,506
<EPS-PRIMARY>                                     0.34
<EPS-DILUTED>                                     0.34
<YIELD-ACTUAL>                                    4.29
<LOANS-NON>                                    175,000
<LOANS-PAST>                                   0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                811,916
<ALLOWANCE-OPEN>                               644,000
<CHARGE-OFFS>                                       45,000
<RECOVERIES>                                         8,000
<ALLOWANCE-CLOSE>                              718,000
<ALLOWANCE-DOMESTIC>                           718,000
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
No. 64657.

#### Western Dairy Products, Inc., et al. *v.*United States,

protests 325909-K, etc. (Honolulu).

Opinion by

Donlon, J.

The protests were dismissed.
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 Annual Report of SemiLEDs Corporation (the "Registrant") on Form 10-K for the year ended
August 31, 2011, as filed with the Securities and Exchange Commission as of the date hereof (the "Report"), I, Trung Tri Doan, Chairman and Chief Executive Officer of the Registrant, hereby
certify pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002 that:



Dated: November 22, 2011

/s/ TRUNG TRI DOAN Trung Tri Doan Chairman and Chief Executive Officer


---



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DETENTION ORDER 15.13

18 U.S.C. § 3142(i) Rev. 1/91

PAGE 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA,

Plaintiff,

v. 

RAYMOND HOENE,

Defendant.

____________________________________

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Case No. CR06-0165-RSM-JPD

DETENTION ORDER 

Offenses charged:

Felon in Possession of a Firearm in violation of 18 U.S.C. § 922(g)(1).

Date of Detention Hearing: May 24, 2006.

The Court, having conducted a detention hearing pursuant to 18 U.S.C. § 3142(f), and

based upon the factual findings and statement of reasons for detention hereafter set forth,

finds the following:

FINDINGS OF FACT AND STATEMENT OF REASONS FOR DETENTION

(1) Defendant has a background of previous failures to appear.

(2) Defendant’s history reveals probation revocations indicating an inability or

unwillingness to comply with the terms of his supervision.

(3) Defendant is associated with one alias name and four social security numbers.

(4) Defendant has been convicted of the offense of Eluding a Police Officer.

(5) Defendant has prior and on-going substance-abuse issues.

Case 2:06-cr-00165-RSM Document 10 Filed 05/24/06 Page 1 of 2
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DETENTION ORDER 15.13

18 U.S.C. § 3142(i) Rev. 1/91

PAGE 2

(6) There appear to be no conditions or combination of conditions other than

detention that will reasonably address the risk of flight and danger to other persons or the

community.

IT IS THEREFORE ORDERED:

(1) Defendant shall be detained pending trial and committed to the custody of the

Attorney General for confinement in a correction facility separate, to the

extent practicable, from persons awaiting or serving sentences or being held in

custody pending appeal;

(2) Defendant shall be afforded reasonable opportunity for private consultation

with counsel;

(3) On order of a court of the United States or on request of an attorney for the

government, the person in charge of the corrections facility in which

defendant is confined shall deliver the defendant to a United States Marshal

for the purpose of an appearance in connection with a court proceeding; and

(4) The Clerk shall direct copies of this Order to counsel for the United States, to

counsel for the defendant, to the United States Marshal, and to the United

States Pretrial Services Officer.

DATED this 24th day of May, 2006.

AJAMES P. DONOHUE

United States Magistrate Judge 

Case 2:06-cr-00165-RSM Document 10 Filed 05/24/06 Page 2 of 2
No. 55028.

#### McKesson & Robbins, Inc., and W. A. Taylor & Co. *v.*United States,

protests 162672-K and 163575-K (New York).

Opinion by

Johnson, J.

At the trial it was stipulated that the merchandise, issues, and facts are similar in all material respects to those involved in *United States*v. *Browne Vintners Co., Inc.*(34 C. C. P. A. 112, C. A. D. 351) and that the quantities reported by the inspector as manifested, not found, were not in fact received by the importers. In accordance with stipulation of counsel and following the decision cited it was held that duty and internal revenue tax are not assessable upon such portions of the merchandise as were reported by the inspector as manifested, not found. The protests were sustained to this extent.
III

106TH CONGRESS

2D SESSION H. CON. RES. 428

IN THE SENATE OF THE UNITED STATES

OCTOBER 13 (legislative day, SEPTEMBER 22), 2000

Received

CONCURRENT RESOLUTION

Providing for corrections in the enrollment of the bill (H.R.

5164) amending title 49, United States Code, to require

reports concerning defects in motor vehicles or tires or

other motor vehicle equipment in foreign countries, and

for other purposes.

1 Resolved by the House of Representatives (the Senate

2 concurring), That in the enrollment of the bill, H.R. 5164,

3 entitled ‘‘An Act to amend title 49, United States Code,

4 to require reports concerning defects in motor vehicles or

5 tires or other motor vehicle equipment in foreign coun-
2

HCON 428 RDS

1 tries, and for other purposes’’, the Clerk of the House of

2 Representatives shall make the following corrections in

3 section 6:

4 (1) insert before ‘‘Section 30120(c)’’ the fol5 lowing: ‘‘(a) REMEDY PROGRAM.—’’; and

6 (2) insert at the end of section 6 the following:

7 ‘‘(b) REIMBURSEMENT PRIOR TO RECALL.—Section

8 30120(d) of title 49, United States Code, is amended by

9 inserting at the end thereof the following: ‘‘A manufactur10 er’s remedy program shall include a plan for reimbursing

11 an owner or purchaser who incurred the cost of the rem12 edy within a reasonable time in advance of the manufac13 turer’s notification under subsection (b) or (c) of section

14 30118. The Secretary may prescribe regulations estab15 lishing what constitutes a reasonable time for purposes of

16 the preceding sentence and other reasonable conditions for

17 the reimbursement plan.’’.

Passed the House of Representatives October 12,

2000.

Attest: JEFF TRANDAHL,

Clerk.
Exhibit No. 32.1

Form 10-KSB
Zandaria Ventures, Inc.
File No. 333-127389


          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 Annual Report of Zandaria Ventures,  Inc. (the "Company")
on Form 10-KSB for the year ended  March 31,  2008 as filed with the  Securities
and Exchange Commission on the date hereof (the "Report"), I, Jason Smart, Chief
Executive and Financial  Officer of the Company,  certify  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 operations of the
Company.


Date: July 11, 2008      By: /s/ JASON SMART
                             ---------------------------------
                             Jason Smart
                             Chief Executive Officer
                             Chief Financial Officer




---------------
A signed  original of this  written  statement  required by Section 906 has been
provided to Zandaria  Ventures,  Inc. and will be retained by Zandaria Ventures,
Inc. and furnished to the Securities  and Exchange  Commission or its staff upon
request.