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

for the Fifth Circuit

No. 21-50420

Summary Calendar

United States of America, 

Plaintiff—Appellee,

versus

Victor Manuel Corona-Leon, 

Defendant—Appellant.

Appeal from the United States District Court

for the Western District of Texas

USDC No. 2:20-CR-849-1

Before Jolly, Willett, and Engelhardt, Circuit Judges.

Per Curiam:*

Victor Manuel Corona-Leon appeals the sentence imposed following 

his guilty plea conviction for illegal reentry following removal in violation of 

8 U.S.C. § 1326. He contends for the first time on appeal that the district 

court erred in assigning him three criminal history points for a 2014 illegal 

* 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opinion should not be published and is not precedent except under the limited 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

April 13, 2022

Lyle W. Cayce

Clerk

Case: 21-50420 Document: 00516278746 Page: 1 Date Filed: 04/13/2022
No. 21-50420

2

reentry offense because that offense was committed by his brother, Martin 

Corona-Leon, not him. The clerk of this court has granted his unopposed 

motion to supplement the record on appeal with district court records from 

the Eastern and Western Districts of Texas relating to convictions for 

“Martin Corona-Leon.”

We first note that Victor Corona-Leon’s pro se, post-judgment filing

serves as an effective notice of appeal. See Mosley v. Cozby, 813 F.2d 659, 660 

(5th Cir. 1987). We review his arguments raised for the first time on appeal 

for plain error. See Puckett v. United States, 556 U.S. 129, 135 (2009). To 

establish plain error, Victor Corona-Leon must show a forfeited error that is 

clear or obvious and affects his substantial rights. Id. If he makes that 

showing, we have discretion to correct the error if it seriously affects the 

fairness, integrity, or public reputation of judicial proceedings. Id.

The presentence report (PSR) indicated that Victor Corona-Leon was 

convicted of the 2014 illegal reentry offense under the alias “Martin CoronaLeon.” However, the PSR also showed that Victor Corona-Leon had a long 

history of using aliases, including the first name Martin. Even if we were to 

consider the supplemental records, at most they raise some doubt as to 

whether Victor Corona-Leon or his brother committed the 2014 illegal 

reentry offense, and any error by the district court in finding that the offense 

was committed by Victor Corona-Leon was not clear or obvious. See id. The 

district court’s judgment is therefore AFFIRMED.

Case: 21-50420 Document: 00516278746 Page: 2 Date Filed: 04/13/2022
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
UNAUDITED CONSOLIDATED BALANCE SHEET AT JUNE 30, 1999 AND THE RELATED
CONSOLIDATED STATEMENTS OF INCOME FOR THE UNAUDITED SIX MONTHS ENDED JUNE 30,
1999 OF THREE-FIVE SYSTEMS, INC. AND ITS SUBSIDIARIES AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS. THIS EXHIBIT SHALL NOT BE
DEEMED FILED FOR PURPOSES OF SECTION 11 OF THE SECURITIES ACT OF 1933 AND
SECTION 18 OF THE SECURITIES EXCHANGE ACT OF 1934, OR OTHERWISE SUBJECT TO THE
LIABILITY OF SUCH SECTIONS, NOR SHALL IT BE DEEMED A PART OF ANY OTHER FILING
WHICH INCORPORATES THIS REPORT BY REFERENCE, UNLESS SUCH OTHER FILING EXPRESSLY
INCORPORATES THIS EXHIBIT BY REFERENCE.
</LEGEND>
<MULTIPLIER> 1,000
<CURRENCY>   U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               JUN-30-1999
<EXCHANGE-RATE>                                      1
<CASH>                                           5,777
<SECURITIES>                                         0
<RECEIVABLES>                                   25,223
<ALLOWANCES>                                       633
<INVENTORY>                                     15,249
<CURRENT-ASSETS>                                50,217
<PP&E>                                          55,456
<DEPRECIATION>                                  19,626
<TOTAL-ASSETS>                                  89,583
<CURRENT-LIABILITIES>                           28,245
<BONDS>                                         13,095
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            80
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                    89,583
<SALES>                                         54,644
<TOTAL-REVENUES>                                54,644
<CGS>                                           45,294
<TOTAL-COSTS>                                   54,065
<OTHER-EXPENSES>                                    33
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 366
<INCOME-PRETAX>                                    180
<INCOME-TAX>                                     (218)
<INCOME-CONTINUING>                                398
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       398
<EPS-BASIC>                                       0.06
<EPS-DILUTED>                                     0.06



</TABLE>
No. 66119.

#### Compass Instrument *&*Optical Co., Inc., et al. *v.*United States,

protests 60/18357, etc. (New York).

*332Opinion by

Lawrence, J.

In accordance with stipulation of counsel that the merchandise consists of map measures similar in all material respects to those the subject of *Kaufman & Vinson Co.*v. *United States*(44 Cust. Ct. 238, C.D. 2180), the claim of the plaintiffs was sustained.
# Official Journal C 421/2019

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 421 |
| | |
| English edition | Information and Notices | Volume 6213 December 2019 |

ISSN 1977-091X

Official Journal

of the European Union

C 421

English edition

Information and Notices

Volume 6213 December 2019

---

| Contents | page |
| --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2019/C 421/01 | Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union — Cases where the Commission raises no objections (
  1
  ) | 1 |

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2019/C 421/01

Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union — Cases where the Commission raises no objections (
  1
  )

1

1

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance, except for products falling under Annex I of the Treaty |

---

(1)   Text with EEA relevance, except for products falling under Annex I of the Treaty

1

| EN | |
| --- | --- |

EN
# L_2022035EN.01002301.xml

| 17.2.2022 | EN | Official Journal of the European Union | L 35/23 |
| --- | --- | --- | --- |

17.2.2022

EN

Official Journal of the European Union

L 35/23

---

Corrigendum to Commission Implementing Regulation (EU) 2021/2325 of 16 December 2021 establishing, pursuant to Regulation (EU) 2018/848 of the European Parliament and of the Council, the list of third countries and the list of control authorities and control bodies that have been recognised under Article 33(2) and (3) of Council Regulation (EC) No 834/2007 for the purpose of importing organic products into the Union

(
  Official Journal of the European Union L 465 of 29 December 2021
  )

On page 37, in Annex II, in the entry for ‘BAȘAK Ekolojik Ürünler Kontrol ve Sertifikasyon Hizmetleri Tic. Ltd’, in the third row of the first column of the table in point 3:

BAȘAK Ekolojik Ürünler Kontrol ve Sertifikasyon Hizmetleri Tic. Ltd

for:

‘TU-BIO-175’,

read:

‘TR-BIO-175’.

On page 64, in Annex II, in the entry for ‘Food Safety SA’, regarding the digits in the code numbers in all rows of the first column of the table in point 3:

Food Safety SA

for:

‘197’,

read:

‘198’.

---
**EXHIBIT 32.2****Form of Certification Pursuant to Section 1350 of Chapter 63 of Title 18 of the United StatesCode**I, Sandor Grosz, the Chief Financial Officer of Technology Solutions Company, certify that: (i) The Form 10-Q for the quarter ended March 31, 2006 fully complies with the requirementsof Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and  (ii) The information contained in the Form 10-Q for the quarter ended March 31, 2006 fairlypresents, in all material respects, the financial condition and results of operations ofTechnology Solutions Company.        Date:  May 15, 2006 By:  /s/ SANDOR GROSZ    Sandor GroszChief Financial Officer       A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act hasbeen provided to Technology Solutions Company and will be retained by Technology Solutions Companyand furnished to the Securities and Exchange Commission or its staff upon request.
<PAGE>   1
                                                                      Exhibit 15









September 24, 1997




Securities and Exchange Commission
450 Fifth Street, N.W.
Washington, D.C.  20549

Ladies and Gentlemen:

We are aware that Phelps Dodge Corporation has incorporated by reference our
reports dated April 9, 1997 and July 10, 1997 (issued pursuant to the provisions
of Statement on Auditing Standards No. 71) in the Prospectus constituting part
of its Registration Statements on Form S-3 to be filed on or about September 25,
1997. We are also aware of our responsibilities under the Securities Act of
1933.

Yours very truly,



/s/Price Waterhouse LLP
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

**895 KAH 15-00416**  PRESENT: CENTRA, J.P., PERADOTTO, DEJOSEPH, NEMOYER, AND CURRAN, JJ.

THE PEOPLE OF THE STATE OF NEW YORK EX REL. RICHIE STOKES, PETITIONER-APPELLANT,

V MEMORANDUM AND ORDER

NEW YORK STATE DIVISION OF PAROLE AND MS. DOLCE, SUPERINTENDENT, ORLEANS CORRECTIONAL FACILITY, RESPONDENTS-RESPONDENTS.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ALAN WILLIAMS OF COUNSEL), FOR PETITIONER-APPELLANT.
ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (KATE H. NEPVEU OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.

Appeal from a judgment (denominated order) of the Supreme Court, Orleans County (James P. Punch, A.J.), entered November 19, 2014 in a habeas corpus proceeding. The judgment dismissed the petition.
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Memorandum: Petitioner appeals from a judgment dismissing his petition for a writ of habeas corpus. The appeal has been rendered moot by petitioner’s release from custody upon reaching his maximum expiration date ( see People ex rel. Smith v Cully , 112 AD3d 1316, 1317, lv denied 22 NY3d 864; People ex rel. Reynolds v Artus , 103 AD3d 1208, 1208-1209; People ex rel. Baron v New York State Dept. of Corr. , 94 AD3d 1410, 1410, lv denied 19 NY3d 807), and the exception to the mootness doctrine does not apply ( see Reynolds , 103 AD3d at 1209; Baron , 94 AD3d at 1410; see generally Matter of Hearst Corp. v Clyne , 50 NY2d 707, 714-715). While this Court has the power to convert the habeas corpus proceeding into a CPLR article 78 proceeding, we decline to do so under the circumstances of this case ( see People ex rel. Walker v Dolce , 125 AD3d 1305, 1305, lv denied 25 NY3d 910; People ex rel. Green v Smith , 119 AD3d 1451, 1452).

Entered: November 10, 2016 Frances E. Cafarell Clerk of the Court
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-6283

STEPHEN D. PAYNE,

Plaintiff - Appellant,

versus

DEPARTMENT OF CORRECTIONS; INDIAN CREEK CORRECTIONAL CENTER; CORRECTIONAL OFFICER MEYERS;

NURSE GLOWAKI, L.P.N.; K. V. MCWATERS, Head

Nurse,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca B. Smith, District Judge.

(CA-96-967-2)

Submitted: May 29, 1997 Decided: June 10, 1997

Before NIEMEYER, LUTTIG, and MOTZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Stephen D. Payne, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals the district court's order dismissing his

42 U.S.C. § 1983 (1994) complaint. Acting pursuant to 42 U.S.C.

§ 1997e (1994), the district court ordered Appellant to exhaust

administrative remedies, to advise the court within the time allotted by statute of the result of the administrative proceedings,

and warned Appellant that failure to comply with the order would

result in dismissal of the action. Appellant failed to comply with

this order, and the district court dismissed the case without

prejudice upon expiration of the allowed period.

The district court could properly require exhaustion of administrative remedies under 42 U.S.C. § 1997e. Its dismissal of the

action, without prejudice, when Appellant failed to comply with its

order was not an abuse of discretion. We therefore affirm the judgment below. We dispense with oral argument because the facts and

legal contentions are adequately presented in the materials before

the court and argument would not aid the decisional process.

AFFIRMED
No. 51814.

#### Merrill, Clark & Meinig et al. *v.*United States,

protests 927806-G, etc. (New York).

Opinion by

Kincheloe, J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
No. 68561.

protests 63/9606, etc. (San Francisco).

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

Opinion by

Oliver, C. J.

In accordance with stipulation of counsel that the merchandise consists of novelty figures, not chiefly used for the amusement of children, composed in chief value of metal, and having as an essential feature an electrical element or device, the claim of the plaintiff was sustained.
Exhibit 32.2













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 Quarterly Report on Form 10-Q of Par Pharmaceutical Companies, Inc. (the Company) for the quarterly period ended March 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Michael A. Tropiano, Chief 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, to my knowledge:



(1)

The Report fully complies with the requirements of Section 13(a) 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 result of operations of the Company.



This certification accompanies the Report and shall not be deemed filed with the Securities and Exchange Commission and shall not be incorporated by reference into any filing of the Company under the Securities Act of 1933 or Securities Exchange Act of 1934 (whether made before or after the date of the Report), irrespective of any general incorporation language contained in such filing.







|                                                                        
|------------------------------------------------------------------------
|/s/ Michael A. Tropiano                                                 
|Michael A. Tropiano Executive Vice President and Chief Financial Officer

May 5, 2011
**EXHIBIT 23.1**

**Consent of Independent Registered Public Accounting Firm**

We consent tothe incorporation by reference in the Registration Statements on Forms S-3 (Nos. 333-132330, 333-141964 and 333-171628) and Forms S-8 (Nos. 333-137782, 333-144061, 333-160256 and 333-171627) of Chelsea Therapeutics International, Ltd. and Subsidiaryand in the related Prospectuses of our reports dated March 2, 2011, with respect to the consolidated financial statements of Chelsea Therapeutics International, Ltd. and Subsidiary, and the effectiveness of internal control over financialreporting of Chelsea Therapeutics International, Ltd. and Subsidiary, included in this Annual Report (Form 10-K) for the year ended December 31, 2010. 

/s/    Ernst & Young LLP 

Charlotte, North Carolina 

March 2, 2011
No. 59332.

protests 250174-K and 250175-K (New York).

#### W. J. Byrnes & Co. of N. Y., Inc. *v.*United States,

Opinion by

Johnson, J.

An examination of the record failing to disclose evidence sufficient to overcome the presumption of correctness attaching to the collector’s action, the protests were overruled.
----

----

| (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. |
|-----|------------------------------------------------------------------------------------------------------------------------------------------------------|

| March 14, 2011 | /s/ David J. Bryant                                  |
|----------------|------------------------------------------------------|
|           | David J. Bryant                                      |
|           | Chief Financial Officer and Chief Accounting Officer |
|           |                                                 |

----

----
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 quarterly report on Form 10-Q of Sepracor Inc. (the "Company") for the period ended March 31, 2004 as
filed with the Securities and Exchange Commission on the date hereof (the "Report"), the undersigned, Timothy J. Barberich, Chief Executive Officer of the Company, hereby certifies, pursuant to 18
U.S.C. Section 1350, that:

Date:
May 6, 2004

| |  | /s/TIMOTHY J. BARBERICHTimothy J. Barberich Chief Executive
Officer
| |  | -------------------------------------------------------------------

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

---



QuickLinks
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE TREADCO,
INC. QUARTERLY REPORT ON FORM 10-Q FOR THE QUARTER ENDED JUNE 30, 1997 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0000876948
<NAME> TREADCO, INC.
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                               22,563,370
<ALLOWANCES>                                 1,178,566
<INVENTORY>                                 29,371,080
<CURRENT-ASSETS>                            60,694,473
<PP&E>                                      48,511,375
<DEPRECIATION>                              16,112,603
<TOTAL-ASSETS>                             107,180,649
<CURRENT-LIABILITIES>                       27,943,472
<BONDS>                                     19,373,316
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        50,723
<OTHER-SE>                                  59,548,639
<TOTAL-LIABILITY-AND-EQUITY>               107,180,649
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<TOTAL-COSTS>                               76,777,717
<OTHER-EXPENSES>                               628,723
<LOSS-PROVISION>                             1,236,253
<INTEREST-EXPENSE>                             645,592
<INCOME-PRETAX>                            (3,059,079)
<INCOME-TAX>                               (1,116,607)
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<NET-INCOME>                                 1,942,472
<EPS-PRIMARY>                                   (0.38)
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</TABLE>
**EXHIBIT 23.1**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRMWe consent to the incorporation by reference in Registration Statement No. 333-127396 on Form S-11of our report dated March 30, 2006, relating to the consolidated balance sheet of Cogdell SpencerInc. and subsidiaries as of December 31, 2005 and the combined balance sheet of Cogdell SpencerInc. Predecessor, as defined in note 1 to the consolidated and combined financial statements, as ofDecember 31, 2004, and the related consolidated statements of operations, stockholders’ equity, andcash flows of Cogdell Spencer Inc. and subsidiaries for the period from November 1, 2005(commencement of operations) through December 31, 2005, the related combined statements ofoperations, owners’ deficit and cash flows of Cogdell Spencer Inc. Predecessor for the period fromJanuary 1, 2005 through October 31, 2005 and for the years ended December 31, 2004 and 2003, andfinancial statement schedule, appearing in this Annual Report on Form 10-K of Cogdell Spencer Inc.for the year ended December 31, 2005./s/ Deloitte & Touche LLPCharlotte, North Carolina