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opinion should not be published and is not precedent except under the limited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

March 3, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 04-41606

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

BONIFACIO FELIX-SALAS,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 5:04-CR-1357-ALL

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

Before JONES, Chief Judge, and WIENER and DeMOSS, Circuit Judges.

PER CURIAM:*

Bonifacio Felix-Salas (Felix) appeals his guilty-plea

conviction and 30-month sentence for being found in the United

States following deportation. Felix argues that 8 U.S.C. § 1326(b)

is unconstitutional because it treats prior felony and aggravated

felony convictions as sentencing factors. Felix’s constitutional

challenge is foreclosed by Almendarez-Torres v. United States,

523 U.S. 224, 235 (1998). Although Felix contends that

Almendarez-Torres was incorrectly decided and that a majority of
2

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). Felix properly

concedes that his argument is foreclosed in light of

Almendarez-Torres and circuit precedent, but he raises it here to

preserve it for further review.

Felix also contends that the district court erred in

sentencing him pursuant to the mandatory guidelines regime held

unconstitutional in United States v. Booker, 543 U.S. 220, 125

S. Ct. 738, 764-65 (2005). The sentencing transcript is devoid of

evidence that the district court would have imposed the same

sentence under an advisory regime, and, therefore, the Government

has not borne its burden of establishing beyond a reasonable doubt

that the district court’s error was harmless. See United States v.

Walters, 418 F.3d 461, 464 (5th Cir. 2005).

CONVICTION AFFIRMED; VACATED AND REMANDED FOR RESENTENCING.
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22
- 7351

LARRY D. MOSLEY , Petitioner

- Appellant ,

v. PHILLIP A. WHITE, Warden , Respondent

- Appellee

.

Appeal from the United States District Court for the Western District of Virginia , at Roanoke

. Michael F. Urbanski, Chief District Judge. ( 7:21

- cv - 00435

- MFU

- RSB )

Submitted : September 20, 2023 Decided: October 12, 2023

Before WYNN, HARRIS, and RICHARDSON , Circuit Judges.

Dismissed by un published per curiam opinion

. Larry D. Mosley , Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-7351 Doc: 16 Filed: 10/12/2023 Pg: 1 of 22 PER CURIAM: Larry D. Mosley seeks to appeal the district court’s order de nying relief on his 28 U.S.C. § 2254 petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1)(A). A certificate of appealability will not issue absent “a substantial showin g of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists c ould find the district court’s assessment of the constit utional claims debatable or wrong. See Buck v. Davis , 580 U.S. 100, 115

- 17 (2017). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable and that the petition s tates a debatable claim of the denial of a constitutional right. Gonzalez v. Thaler , 565 U.S. 134, 140

- 41 (2012) (citing Slack v. McDaniel , 529 U.S. 473, 484 (2000))

. We have independently reviewed the record and conclude that Mosley has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We grant Mosley’s motion to exceed length limitations on his informal brief. We dispense with oral argument because the facts and legal conte ntions are adequately presented in the materials before this court and argument would not aid the decisional
process. DISMISSED USCA4 Appeal: 22-7351 Doc: 16 Filed: 10/12/2023 Pg: 2 of 2
No. 67253.

protests *61/20908*and 62/3541 (New York).

#### B. Shackman & Co., Inc. *v.*United States,

Opinion by

Oliver, C.J.

In accordance with stipulation of counsel that the merchandise consists of “Old Timer’s Sets” similar in all material respects to those the subject of Abstract 66106, the claim of the plaintiff was sustained.
No. 59894.

#### Colonna and Company, Inc. *v.*United States,

protest 259192-K/14471 (New Orleans).

*424Opinion by

Johnson, J.

An examination of the record failing to disclose any evidence sufficient to overcome the presumption of correctness attaching to the collector’s action, the protest was overruled.
No. 60675.

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

protests 274523-K, etc. (New York).

Opinion by

Wilson, J.

In accordance with stipulation of counsel that the issues are the same in all material respects as those the subject of *John P. Herher & Co., Inc.*v. *United States*(30 Cust. Ct. 193, C. D. 1519), the protests were dismissed, and the matters were remanded to a single judge sitting in reappraisement for determination of the value of the merchandise in the manner provided by law (28 U. S. C. § 2636 (d)).
# Official Journal C 128/2020

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 128 |
| | |
| English edition | Information and Notices | Volume 6320 April 2020 |

ISSN 1977-091X

Official Journal

of the European Union

C 128

English edition

Information and Notices

Volume 6320 April 2020

---

| Contents | page |
| --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| 2020/C 128/01 | Commission Decision of 20 February 2020 instructing the Central Administrator of the European Union Transaction Log to enter changes to the national allocation tables of Belgium, Germany, Estonia, France, Italy, Cyprus, Hungary, Austria, Poland, Portugal, Romania, Slovakia and Sweden into the European Union Transaction Log | 1 |

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

2020/C 128/01

Commission Decision of 20 February 2020 instructing the Central Administrator of the European Union Transaction Log to enter changes to the national allocation tables of Belgium, Germany, Estonia, France, Italy, Cyprus, Hungary, Austria, Poland, Portugal, Romania, Slovakia and Sweden into the European Union Transaction Log

1

---

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

EN
```

[Federal Register Volume 80, Number 75 (Monday, April 20, 2015)]
[Notices]
[Page 21719]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-08984]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9925-41-OEI]

Agency Information Collection Activities OMB Responses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This document announces the Office of Management and Budget 
(OMB) responses to Agency Clearance requests, in compliance with the 
Paperwork Reduction Act (44 U.S.C. 3501 et seq.). An agency may not 
conduct or sponsor, and a person is not required to respond to, a 
collection of information unless it displays a currently valid OMB 
control number. The OMB control numbers for EPA regulations are listed 
in 40 CFR part 9 and 48 CFR chapter 15.

FOR FURTHER INFORMATION CONTACT: Courtney Kerwin (202) 566-1669, or 
email at kerwin.courtney@epa.gov and please refer to the appropriate 
EPA Information Collection Request (ICR) Number.

SUPPLEMENTARY INFORMATION:

OMB Responses to Agency Clearance Requests

OMB Approvals

    EPA ICR Number 2260.05; Confidential Financial Disclosure Form for 
Special Government Employees Serving on Federal Advisory Committees at 
the U.S. Environmental Protection Agency (Renewal); 5 CFR part 2634; 
was approved with change on 2/25/2015; OMB Number 2090-0029; expires on 
2/28/2018.
    EPA ICR Number 0559.12; Application for Reference and Equivalent 
Method Determination (Renewal); 40 CFR parts 53.4, 53.14, 53.15, 
53.9(f), (h), (i), and 53.16(a)-(d), (f); was approved without change 
on 2/25/2015; OMB Number 2080-0005; expires on 2/28/2018.

Comment Filed

    EPA ICR Number 2347.01; Implementation of the 2008 National Ambient 
Air Quality Standards for Ozone: State Implementation Plan Requirements 
(Proposed Rule); 40 CFR part 51; OMB filed comment on 2/12/2015.

Courtney Kerwin,
Acting Director, Collections Strategies Division.
[FR Doc. 2015-08984 Filed 4-17-15; 8:45 am]
 BILLING CODE 6560-50-P
```
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AT KNOX VILLE

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STATE OF TENNESS EE ex rel

. PATRICI A KIMB ROUGH v.

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o f u n c l e a n h a n d s

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a p p l y i n g a n e q u i t a b l e d o c t r i n e s u c h a s u n c l e a n h a n d s t o a f f e c t M r

. H a l e s ’ c h i l d s u p p o r t

o b l i g a t i o n

. F i r s t

, M r

. H a l e s h a s a s p e c i f i c s t a t u t o r y d u t y t o p a y c h i l d s u p p o r t

, a n d h e c i t e s

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o r a p p l y i n g a n e q u i t a b l e d o c t r i n e t o o b v i a t e t h i s s t a t u t o r y d u t y

. S e c o n d

, t h e

d o c t r i n e o f u n c l e a n h a n d s o p e r a t e s b e t w e e n M s

. K i m b r o u g h a n d M r

. H a l e s

, a n d t h e

b i o l o g i c a l f

a t h e r ’ s d u t y t o p r o v i d e s u p p o r t i s t o t h e c h i l d

, n o t t o t h e m o t h e r

. S o I w o u l d f i n d

t h e d o c t r i n e o f u n c l e a n h a n d s w h o l l y i n a p p l i c a b l e

.

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, I c o n c u r s e p a r a t e l y a s t o t h i s i s s u e

. O t h e r w i s e

, I c o n c u r i n t h e m a j o r i t y

o p i n i o n

.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ H O L L Y M

. K I R B Y

, J U D G E
IA

106TH CONGRESS

1ST SESSION H. J. RES. 3

Proposing an amendment to the Constitution of the United States to permit

the Congress to limit expenditures in elections for Federal office.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 6, 1999

Mr. DINGELL 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 permit the Congress to limit expenditures in

elections for Federal office.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled

3 (two-thirds of each House concurring therein), That the fol4 lowing article is proposed as an amendment to the Con5 stitution of the United States, which shall be valid to all

6 intents and purposes as part of the Constitution when

7 ratified by the legislatures of three-fourths of the several

8 States within seven years after the date of its submission

9 for ratification:
2

•HJ 3 IH

1 ‘‘ARTICLE—

2 ‘‘The Congress shall have authority to limit expendi3 tures in elections for Federal office.’’.

Æ
IA

106TH CONGRESS

1ST SESSION H. J. RES. 17

Proposing an amendment to the Constitution of the United States to repeal

the twenty-second article of amendment, thereby removing the limitation

on the number of terms an individual may serve as President.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 6, 1999

Mr. SERRANO (for himself and Mr. SHAYS) 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 repeal the twenty-second article of amendment,

thereby removing the limitation on the number of terms

an individual may serve as President.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled

3 (two-thirds of each House concurring therein), That the fol4 lowing article is proposed as an amendment to the Con5 stitution of the United States, which shall be valid to all

6 intents and purposes as part of the Constitution when

7 ratified by the legislatures of three-fourths of the several
2

HJ 17 IH

1 States within seven years after the date of its submission

2 for ratification:

3 ‘‘ARTICLE—

4 ‘‘The twenty-second article of amendment to the Con5 stitution of the United States is hereby repealed.’’.

Æ
No. 55771.

protest 168847-K (New York).

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

Opinion by

Cole, J.

The protest was dismissed.
**EXHIBIT 23.1**

**Consent of Independent Registered Public Accounting Firm**

We consent to the incorporation byreference in the Registration Statement on Form S-8 (File No. 333-140673) previously filed by Cougar Biotechnology, Inc. of our report, dated March 14, 2007, on our audits of the financial statements of Cougar Biotechnology, Inc. as ofDecember 31, 2006 and 2005, and for the years then ended and for the period from May 14, 2003 (date of inception) to December 31, 2006, which report appears in this Annual Report on Form 10-KSB for the year ended December 31,2006. 

/s/    J.H. Cohn LLP 

San Diego,California 

April 2, 2007
<PAGE>
                                                                    EXHIBIT 99.1

                               SHOPKO STORES, INC.


                   CERTIFICATION OF PERIODIC FINANCIAL REPORT
                       PURSUANT TO 18 U.S.C. SECTION 1350


         Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, the undersigned officer of ShopKo Stores,
Inc. (the "Company") certifies that the Quarterly Report on Form 10-Q of the
Company for the quarter ended August 3, 2002 fully complies with the
requirements of Section 13(a) or 15(d), as applicable, of the Securities
Exchange Act of 1934 and the information contained in the Report fairly
presents, in all material respects, the financial condition and results of
operations of the Company.



Dated:  September 17, 2002
                                      SHOPKO STORES, INC.


                                                   /s/ Jeffrey C. Girard
                                      ---------------------------------------
                                                   Jeffrey C. Girard
                                                   Vice Chairman, Finance and
                                                   Administration, Interim Chief
                                                   Executive Officer



         This certification is made solely for purpose of 18 U.S.C. Section
1350, subject to the knowledge standard contained therein, and not for any other
purpose.








                                       26
DISMISS; and Opinion Filed February 20, 2018.

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-17-01360-CV

DONALD G. HENSLEE, Appellant

V.

REGIONS BANK, Appellee

On Appeal from the 191st Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-14-11148

MEMORANDUM OPINION

Before Justices Lang, Fillmore, and Schenck

Opinion by Justice Fillmore

Before the Court is appellant’s unopposed motion for dismissal. Appellant informs the 

Court that he no longer wishes to pursue this appeal. Accordingly, we grant appellant’s motion 

and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1).

171360F.P05

/Robert M. Fillmore/

ROBERT M. FILLMORE

JUSTICE
–2–

Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

DONALD G. HENSLEE, Appellant

No. 05-17-01360-CV V.

REGIONS BANK, Appellee

On Appeal from the 191st Judicial District 

Court, Dallas County, Texas

Trial Court Cause No. DC-14-11148.

Opinion delivered by Justice Fillmore. 

Justices Lang and Schenck participating.

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

Subject to any agreement between the parties, it is ORDERED that appellee REGIONS 

BANK recover its costs of this appeal from appellant DONALD G. HENSLEE.

Judgment entered this 20th day of February, 2018.
##### 



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; and2.
    
    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
Before Chief Judge Rao,

October 11, 1967

No. R67/110.

No. R67/111.

No. *R67/112.*

No. R67/113.

#### Lolly Togs, Limited *v.*United States, reappraisements R65/9610, etc. (New York). Lollytogs, Ltd. *v.*United States, reappraisement R65/18195 (Portland, Oreg.). Lollytogs, Ltd. *v.*United States, reappraisement R66/20812 (New Orleans). Lollytogs, Ltd. *v.*United States, reappraisement R66/28346 (New York).

In accordance with stipulation of counsel that the merchandise and issues involved herein are the same in all material respects as those in *Lollytogs, Ltd.*v. *United States*(55 Cust. Ct. 608, Reap. Dec. 11073), the court found and held that export value, as that value is defined in section 402(b), Tariff Act of 1930, as amended by the Customs Simpli*925fication Act of 1956, is the proper basis for the determination of the value of the merchandise (children’s wearing apparel) and that such value is the appraised unit values, net packed, less the commission of Swedish Trading Co., Ltd., of Hong Kong as indicated on the invoices.
<PAGE>
                                 PRESS RELEASE
                                 -------------


FOR IMMEDIATE RELEASE                Contact:  Elliott H. Vernon
                                               President, Chairman of the Board
                                               and Chief Executive Officer
                                               (732) 224-9292

               HEALTHCARE IMAGING SERVICES, INC. ANNOUNCED TODAY
               -------------------------------------------------
              THE APPOINTMENT OF ROBERT D. BACA, CPA AS PRESIDENT
              ---------------------------------------------------
                AND CHIEF OPERATING OFFICER OF THE NEWLY FORMED
                -----------------------------------------------
                     PHYSICIAN PRACTICE MANAGEMENT DIVISION
                     --------------------------------------


     Middletown, New Jersey - April 24, 1998 - HealthCare Imaging Services,
Inc. announced today the appointment of Robert D. Baca, CPA as President and
Chief Operating Officer of the newly formed Physician Practice Management
Division. Mr. Baca will be responsible for the day to day operations of this
division. Mr. Baca has over ten years experience in the field of physician
practice management. His experience includes the establishment of one of the
first Independent Physician Associations in the Philadelphia, Pennsylvania
market. He was previously Senior Vice President of Corporate Development for
Medical Resources, Inc., a publicly-traded imaging company with over 100
imaging centers throughout the United States. Prior to joining Medical
Resources, Mr. Baca was the CEO and CFO of Capstone Management, Inc., a
diagnostic imaging company with 12 imaging centers located in 7 states, which
was acquired by Medical Resources in May 1997.

     Mr. Baca received his Masters degree in Taxation from Villanova Law School
in 1985 and received a B.S. in Accounting from the University of Delaware in
1978. Commenting on the appointment of Mr. Baca, Elliott H. Vernon, Chairman of
the Board, President and Chief Executive Officer of the Company stated: "Mr.
Baca's extensive managerial experience in the area of physician practice
management will enhance the Company's ability to successfully develop its
physician practice management operations and will position the Company to
efficiently respond to the challenges in this growing field".

     HealthCare Imaging Services, Inc. is a healthcare management and services
company, currently specializing in magnetic resonance imaging, that provides
state-of-the-art healthcare equipment, facilities and services to physicians,
hospitals and other healthcare providers. As previously announced, the Company
is expanding its strategic direction into the area of physician practice
management and is currently pursuing several opportunities in this area. The
Company (through its operating subsidiaries) currently operates seven imaging
facilities located in Brooklyn and New York City, New York; Edgewater, Ocean
Township, Wayne and Secaucus, New Jersey and Philadelphia, Pennsylvania.
# L_2022277DE.01032701.xml

| 27.10.2022 | DE | Amtsblatt der Europäischen Union | L 277/327 |
| --- | --- | --- | --- |

27.10.2022

DE

Amtsblatt der Europäischen Union

L 277/327

---

Berichtigung der Delegierten Verordnung (EU) 2022/825 der Kommission vom 17. März 2022 zur Änderung von Anhang II der Delegierten Verordnung (EU) Nr. 1062/2014 über das Arbeitsprogramm zur systematischen Prüfung aller in Biozidprodukten enthaltenen alten Wirkstoffe gemäß der Verordnung (EU) Nr. 528/2012 des Europäischen Parlaments und des Rates

(
  Amtsblatt der Europäischen Union L 147 vom 30. Mai 2022
  )

Seite 13, Anhang zur Ersetzung des Anhangs II der Delegierten Verordnung (EU) Nr. 1062/2014, Tabelle Eintrag Nr. 1045 Spalte 2:

Anstatt:

„
  Zitroneneukalyptusöl, hydriert, cyclisiert
  “

muss es heißen:

„
  Zitroneneukalyptusöl, hydratisiert, cyclisiert
  “.

Seite 13, Anhang zur Ersetzung des Anhangs II der Delegierten Verordnung (EU) Nr. 1062/2014, Tabelle Eintrag Nr. 1046 Spalte 2:

Anstatt:

„
  Cymbopogon winterianus-Öl, fraktioniert, hydriert, cyclisiert“

muss es heißen:

„
  Cymbopogon winterianus-Öl, fraktioniert, hydratisiert, cyclisiert“.

---