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should not be published and is not precedent except under the limited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. 09-50092

Summary Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

CARLOS ALBERTO HENRIQUEZ-VILLAFUERTE, also known as Oscar

Polanco-Salas, also known as Victor Manuel Ortiz

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 3:08-CR-2762-ALL

Before BENAVIDES, PRADO, and SOUTHWICK, Circuit Judges.

PER CURIAM:*

Carlos Alberto Henriquez-Villafuerte (Henriquez) was convicted of

reentering the United States illegally following deportation and has appealed his

sentence. Henriquez contends that the non-guidelines sentence imposed by the

district court was unreasonable. Because Henriquez did not object in the district

court to the reasonableness of the sentence, our review is for plain error. See

United States v. Brantley, 537 F.3d 347, 349 (5th Cir. 2008). In reviewing the

United States Court of Appeals

Fifth Circuit

F I L E D

November 30, 2009

Charles R. Fulbruge III

Clerk
No. 09-50092

2

reasonableness of the sentence we consider the totality of the circumstances and

the extent of the district court’s variance from the guidelines range. Id. We give

“considerable deference” to the district court’s determination of the appropriate

sentence based on the 18 U.S.C. § 3553(a) factors. See United States v. Williams,

517 F.3d 801, 812 (5th Cir. 2008).

Henriquez argues that it was improper for the district court to make

assumptions about the reasons for the imposition of the sentence related to a

prior illegal-reentry conviction. Henriquez speculates that the 70-month

sentence in that case may have been “improperly calculated” and that the record

did not establish that the more lenient guidelines sentence in the instant case

resulted from a change in the law, as the district court supposed. Henriquez

argues that the guidelines sentence accounted adequately for the statutory

sentencing factors.

The district court’s express reasons for imposing the 60-month term of

imprisonment in this case reflect that it considered the seriousness of the

offense, Henriquez’s lack of respect for the law, and the need to provide just

punishment for the offense and to deter and protect the public from future

criminal conduct. See § 3553(a). Henriquez has not shown that the district court

committed plain error in imposing the sentence. See Brantley, 537 F.3d at 350.

Henriquez contends also that, in light of Apprendi v. New Jersey, 530 U.S.

466 (2000), the sentencing enhancement of 8 U.S.C. § 1326(b) is

unconstitutional. Henriquez acknowledges that this issue is foreclosed by

Alemendarez-Torres v. United States, 523 U.S. 224, 235 (1998); he has raised the

issue to preserve it for further review. See United States v. Fambro, 526 F.3d

836, 851 & n.96 (5th Cir.), cert. denied, 129 S. Ct. 625 (2008); United States v.

Pineda-Arrellano, 492 F.3d 624, 626 (5th Cir. 2007). The judgment is 

AFFIRMED.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               JUN-30-1999
<EXCHANGE-RATE>                                      1
<CASH>                                          31,989
<SECURITIES>                                     4,711
<RECEIVABLES>                                    9,163
<ALLOWANCES>                                       742
<INVENTORY>                                         74
<CURRENT-ASSETS>                                 1,465
<PP&E>                                           5,123
<DEPRECIATION>                                   1,826
<TOTAL-ASSETS>                                  62,241
<CURRENT-LIABILITIES>                            9,847
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            19
<OTHER-SE>                                      51,414
<TOTAL-LIABILITY-AND-EQUITY>                    62,241
<SALES>                                          9,453
<TOTAL-REVENUES>                                14,498
<CGS>                                              725
<TOTAL-COSTS>                                    3,960
<OTHER-EXPENSES>                                14,482
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               (205)
<INCOME-PRETAX>                                (3,739)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (3,739)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (3,739)
<EPS-BASIC>                                     (0.84)
<EPS-DILUTED>                                   (0.84)


</TABLE>
Exhibit 31.2





CERTIFICATION OF CHIEF FINANCIAL OFFICER


CERTIFICATION


I, Kathy Willard, certify that:


1. I have reviewed this Amendment No. 1 to the Annual Report on Form 10-K of Live Nation Entertainment, Inc.;


2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;


3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report.








Date:June 28, 2019By:/s/ Kathy WillardKathy WillardChief Financial Officer
No. 51223.

#### Protests 946009-G, etc., of Atlantic Rug Co., Inc., et al. (New York).

*160Opinion by

Kincheloe, J.

It was stipulated that the merchandise is the same in all material respects as that passed upon in *Stephen Rug Mills*v. *United States*(32 C. C. P. A. 110, C. A. D. 293), and by the court’s decision on remand in Abstract 50056. In accordance therewith the protests were sustained as claimed.
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 45 Introduced in House (IH)]

106th CONGRESS
  1st Session
H. J. RES. 45

  Proposing an amendment to the Constitution of the United States to 
                    abolish the Federal income tax.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 14, 1999

   Mr. Sam Johnson of Texas (for himself, Mr. Thomas, Mr. Paul, Mr. 
 Largent, Mr. Cox, Mr. Bartlett of Maryland, Mr. Barton of Texas, Mrs. 
 Myrick, Mr. Hostettler, Mr. Doolittle, Mr. Tauzin, Mr. Campbell, Mr. 
  Tancredo, Mr. Ballenger, Mr. Gibbons, Mr. Hefley, Mr. Hayworth, Mr. 
Schaffer, Mr. Pitts, Mr. Cooksey, Mrs. Chenoweth, Mr. Barr of Georgia, 
   Mr. Bilirakis, Mr. Miller of Florida, Mr. Camp, Mr. Sessions, Mr. 
 Chambliss, Mr. Herger, Mr. Linder, Mr. Stump, Mr. Everett, Mr. DeLay, 
Mr. Bonilla, and Mr. Skeen) introduced the following joint resolution; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                            JOINT RESOLUTION

 
  Proposing an amendment to the Constitution of the United States to 
                    abolish the Federal income tax.

    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 seven years after the date of its submission for ratification:

                              ``Article --

    ``Section 1. Three years after the ratification of this article of 
amendment, the sixteenth article of amendment to the Constitution of 
the United States is repealed, and the Congress shall have no power to 
lay and collect taxes on incomes, except in time of war declared by the 
Congress.''
    ``Section 2. Not later than 180 days after the ratification of the 
article of amendment proposed by this joint resolution, the Secretary 
of the Treasury shall report to the Committee on Ways and Means of the 
House of Representatives and the Committee on Finance of the Senate 
recommendations for any legislation that may be necessary to implement 
that article.''.
                                 <all>
```
**EXHIBIT
      32.1**








**AMERICAN
      TECHNOLOGIES GROUP, INC.**





**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 of American Technologies Group, Inc. (the
      Company) on Form 10-QSB for the period ended January 31, 2006 as filed with
      the
      Securities and Exchange Commission on the date hereof (the Report), I, Thomas
      E.
      Durkin, III, President of the Company, certify, pursuant to 18 U.S.C. ss.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.








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





Date:
              *August
                10, 2007*By:
              /s/ *Thomas
                E. Durkin, III**Thomas
                  E. Durkin, III**PRESIDENT*
Exhibit 32.2

CERTIFICATION FURNISHED 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 report of SWS Group, Inc. (the Company) on Form 10-Q/A for the period ended March 25, 2011 as filed with the Securities and Exchange Commission on the date hereof
(the Report), I, Stacy M. Hodges, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to my knowledge 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: September 2, 2011 |  |  |  | /S/ Stacy M. Hodges    
|                        |  |  |  | Stacy M. Hodges        
|                        |  |  |  | Chief Financial Officer

The foregoing certification is being furnished as an exhibit to the Form 10-Q/A pursuant to Item 601(b)(32) of
Regulation S-K and Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code) and, accordingly, is not being filed as part of the Form 10-Q/A for purposes
of Section 18 of the Securities Exchange Act of 1934, as amended, and is not incorporated by reference into any filing of the Company, whether made before or after the date hereof, regardless of any general incorporation language in such
filing.
Case No. 8,930.

#### McVAUGHTER v. CASSILY.

[4 McLean, 351.]1

Circuit Court, D. Indiana.

May Term, 1848.

Removal of Causes — Petition—Uncertainty— “Cikcuit on District Court. ”

A petition to remove a case from a state court to the circuit or district court of the United States, which was granted, creates no uncertainty, as the removal can only he to the circuit court.

At law.

Mr. Sullivan, for plaintiff.

Mr. Marshal, for defendant.

OPINION OP

THE COURT.

This case is brought from the state court, under the act of congress [3 Stat. 234], by the defendant. A motion is now made to dismiss the case, on the ground that the order for the removal was in the alternative, either to the district or circuit court. The petition to remove the cause to the next circuit or district court of the United States in Indiana was granted by the state court. The district court has no jurisdiction in such a case, consequently it is void; the order for the removal was irregular. There is some irregularity in the application, and in the order of the state court, but as there can be no uncertainty or surprise by the other party, the motion is overruled. As the district court has no jurisdiction, the removal could only be to the circuit court.
Agreement to Furnish Copies of Instruments



 


EXHIBIT 4.3


Agreement to Furnish Copies of Instruments

With Respect to Long Term Debt



          The Company has entered into certain agreements with respect to long-term
indebtedness which do not exceed ten percent of the total assets of the Company
and its subsidiaries on a consolidated basis. The Company hereby agrees to
furnish a copy of such agreements to the Commission upon request of the
Commission.




	 	 	 	 	 
	 	 	OAKWOOD HOMES CORPORATION
	 	 	 	 	 
	 	 	
By:
	 	/s/ Douglas R. Muir
	 	 	 	 	

	 	 	 	 	Douglas R. Muir
	 	 	 	 	Executive Vice President and
	 	 	 	 	Chief Financial Officer
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 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, David Young, Chief Financial 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/ DAVID YOUNG David Young Chief Financial Officer


---



QuickLinks
xml version="1.0" encoding="UTF-8"?


L\_2022201EN.01007401.xml


| | | | |
| --- | --- | --- | --- |
| 1.8.2022 | EN | Official Journal of the European Union | L 201/74 |

---

Corrigendum to Commission Implementing Decision (EU) 2022/1096 of 30 June 2022 establishing the equivalence, for the purpose of facilitating the right of free movement within the Union, of COVID-19 certificates issued by the Republic of Korea to the certificates issued in accordance with Regulation (EU) 2021/953 of the European Parliament and of the Council

(
[Official Journal of the European Union L 176 of 1 July 2022](http://publications.europa.eu/resource/oj/JOL_2022_176_R_TOC)
)

On page 65, in recital 4:

for:

| | |
| --- | --- |
| ‘(4) | The Republic of Korea also informed the Commission that, there are currently no travel restrictions related to COVID-19 for entry and stay into the Republic of Korea. Should there be a need to re-introduce travel requirements, the Republic of Korea confirms that it would accept vaccination and test certificates issued by the Member States and EEA countries in accordance with Regulation (EU) 2021/953. Concerning the vaccination certificates, the Republic of Korea informed the Commission that certificates indicating vaccines with EU-wide authorisation will only be accepted if the vaccine has completed the WHO Emergency Use Listing procedure. Concerning the recognition of the recovery certificates in particular, in case of need to re-introduce travel restrictions, the Republic of Korea confirms that it would not recognise them.’; |

read:

| | |
| --- | --- |
| ‘(4) | The Republic of Korea also informed the Commission that it would accept vaccination and test certificates issued by the Member States and countries of the European Economic Area in accordance with Regulation (EU) 2021/953 under the same conditions as its own certificates. However, the Republic of Korea informed the Commission that, due to the epidemiological situation, it currently required tests for all incoming travellers. Concerning the vaccination certificates, the Republic of Korea informed the Commission that certificates indicating vaccines with Union-wide authorisation would only be accepted if the vaccine has completed the WHO Emergency Use Listing procedure. Finally, the Republic of Korea informed the Commission that it did not accept certificates of recovery.’. |

---
<PAGE>

                                                                    Exhibit 32.2

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER
                                   PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Chris E. Perkins, the Executive Vice President and Chief Financial Officer of
Per-Se Technologies, Inc. (the "Company"), in compliance with 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
hereby certify that the Company's Quarterly Report on Form 10-Q for the period
ended June 30, 2004, filed with the Securities and Exchange Commission: (i)
fully complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934; and (ii) the information contained in such Quarterly
Report fairly presents, in all material respects, the financial condition and
results of operations of the Company.

                                          By: /s/ Chris E. Perkins
                                              __________________________________
                                              Chris E. Perkins
                                              Executive Vice President
                                              and Chief Financial Officer

Date: August 9, 2004

A signed original of this written statement required by Section 906 has been
provided to Per-Se Technologies, Inc. and will be retained by Per-Se
Technologies, Inc. and furnished to the Securities and Exchange Commission or
its staff upon request.
Pennsylvania Department of Environmental Protection 

""= -_us = ==-.." ""== ===-..==,.. ......==. ,."..-== 

Rachel Carson State Office Bnilding 

P.O. Box 2063 

Harrisburg, PA 17105-2063 

December 10, 2009 

Secretary 	 717-787-2814 

Mr. Shawn M. Garvin 

Regional Administrator 

U.S. Enviromnental Protection Agency, Region III 


1650 Arch Street (Mail Code: 3RAOO) 


Philadelphia, PA 19103-2029 


Dear Mr. Garvin: 

A State Implementation Plan (SIP) revision was submitted to the U.S. Enviromnental 

Protection Agency (EPA) on August 29,2007, for the five-county Pennsylvania portion of the 

Philadelphia-Wilmington-Atlantic City Eight-hour Ozone Nonattaimnent Area (Philadelphia 

Nonattaimnent Area). Errors were identified in the August 2007 submission for stationary point 

sources, due to facilities being counted multiple times as a result of facility name changes. An 

error was also found in the calculation of 2008 projected emissions from area sources. These 

errors impacted the calculations for the Reasonable Further Progress (RFP) Demonstration in the 

August 2007 SIP revision. Therefore, I have enclosed for your full approval under Section 110 

ofthe Clean Air Act a SIP revision pertaining to the correction of the calculations for the RFP 

Demonstration. 

The Commonwealth's public participation process for this SIP revision has been completed. 

During the public comment period, a public hearing was scheduled to be held, ifrequested, 

Thursday, October 29,2009, in Norristown. No request for a public hearing was received, so the 

public hearing was canceled. The written comment period closed on October 30, 2009. No 

written comments were received, so a CommentiResponse document was not developed. The 

following documents are enclosed for your review and approval: 

1. 	 SIP revision reflecting changes made to the RFP Demonstration included in the SIP 

revision submitted to EPA August 29, 2007. 

2. 	 Certification of public participation activities. 

Should you have any questions concerning the requested SIP revision, please contact 

Joyce E. Epps, Director, Bureau of Air Quality, bye-mail atjeepps@state.pa.us or by telephone 

at 717-787-9702. 

~lY'~ 

JOhn~ger Secretary 

Enclosure 

An Equal Opportunity Employer 	 www.dep.state.pa.us Printed on Recycled Paper @
##### 



Exhibit 99.3
 Report of Independent Registered Public Accounting Firm on Compliance
 
 Report of
Management on Compliance Report of Management on Compliance
   /s/ Ernst & Young LLP Des Moines,
IowaMarch 13, 2006




---



##### 



Report of Management on Compliance
  /s/ Ellen Z. Lamale




---



##### 



Exhibit A
Specified Standards
 I. Funding Agreement Payments
  1.
    
    calculated according to the terms of the Funding Agreement; and
 2.
    
    promptly paid, within two business days of the due date, to the Indenture
Trustee at the direction of the appropriate Principal Life Income Fundings Trust.
 II. Guarantee Payments in Support of the Payment of Amounts Due on the Funding Agreement
  1.
    
    calculated according to the terms of the Funding Agreement; and
 2.
    
    promptly paid, within two business days of the due date, to the Indenture
Trustee at the direction of the appropriate Principal Life Income Fundings Trust.
 III. Payments Under Indenture