alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2017030EN.01001901.xml

| 30.1.2017 | EN | Official Journal of the European Union | C 30/19 |
| --- | --- | --- | --- |

30.1.2017

EN

Official Journal of the European Union

C 30/19

---

Request for a preliminary ruling from the Commissione tributaria di Secondo Grado di Bolzano (Italia) lodged on 31 October 2016 — Agenzia delle Entrate — Direzione provinciale Ufficio controlli di Bolzano v Palais Kaiserkron Srl

(Case C-549/16)

(2017/C 030/23)

Language of the case: Italian

Referring court

Referring court

Commissione tributaria di Secondo Grado di Bolzano

Parties to the main proceedings

Parties to the main proceedings

Appellant: Agenzia delle Entrate — Direzione provinciale Ufficio controlli di Bolzano

Appellant:

Respondent: Palais Kaiserkron Srl

Respondent:

Question referred

Question referred

Must Article 401 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (1) be interpreted as meaning that the value added tax and registration duty (payable on lease agreements for commercial property under Articles 40 and 5(1)(a-bis) of the first part of the schedule of charges of Presidential Decree No 131 of 26 April 1986) may be levied cumulatively, or rather as meaning that registration duty is in the nature of a turnover tax?

1

---

(1)  OJ 2006 L 347, p. 1.

1

---
Exhibit
10.12


 


CONSENT
ACTION OF THE BOARD OF DIRECTORS OF ELECTROMEDICAL TECHNOLOGIES, INC.


 


The
undersigned, Matthew N. Wolfson, being the sole director of Electromedical Technologies, Inc., a Delaware corporation, (the “Company”),
hereby unanimously consent to the following actions taken on Company on October 11, 2019.


 


RESOLVED:
To issue Iakovos Tsakalidis (“Tsakalidis”) a total of 80,282 shares of the Company’s restricted common stock
in full and complete satisfaction of any and all claims which Tsakalidis may have against the Company pursuant to that certain
Promissory Note by and between Tsakalidis and the Company dated December 31, 2015. The total amount owed to Tsakalidis was $57,000.00
and the shares are valued at $0.71 per share.


 


RESOLVED:
That the Company’s transfer agent, Pacific Stock Transfer, is hereby authorized to issue the foregoing shares to Tsakalidis
at the following address: 6940 E. DoubleTree Ranch Rd., Paradise Valley, AZ 85253.


 


There
being no further business requiring board action or consideration, on motion duly made, and carried, the meeting was adjourned.


 








 



 


Matthew
N. Wolfson


Sole
Director
**EXHIBIT 31.1**I, Morris T. Hewitt, certify that:1. I have reviewed this 10-QSB for the period ended nine months ended September 30, 2006 ofBayou City Exploration, Inc.; 2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; 3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the small business issuer as of, and for, the periods presentedin this report; 4. The small business issuer’s other certifying officer(s) and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-15(e) and 15d-15(e)) for the small business issuer and have: a) Designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material informationrelating to the small business issuer, including its consolidated subsidiaries, is madeknown to us by others within those entities, particularly during the period in which thisreport is being prepared;  b) Evaluated the effectiveness of the small business issuer’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by this report basedon such evaluation;  c) Disclosed in this report any change in the small business issuer’s internal control overfinancial reporting that occurred during the small business issuer’s most recent fiscalquarter (the small business issuer’s fourth quarter in the case of an annual report) thathas materially affected, or is reasonably likely to materially affect, the small businessissuer’s internal control over financial reporting; and5. The small business issuer’s other certifying officer(s) and I have disclosed, based on ourmost recent evaluation of internal control over financial reporting, to the small businessissuer’s auditors and the audit committee of the small business issuer’s board of directors(or persons performing the equivalent function): a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe small business issuer’s ability to record, process, summarize and report financialinformation; and  b) Any fraud, whether or not material, that involves management or other employees who havea significant role in the small business issuer’s internal controls over financialreporting.        Date: November 14, 2006 */s/   Morris T. Hewitt*   Morris T. Hewitt   Chief Executive Officer   
24
Electronically Filed Intermediate Court of Appeals CAAP-12-0000814 28-MAY-2014 08:23 AM
Court of Appeals of the State of Georgia Clerk's Office, Atlanta, March 11, 2022. I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written. , Clerk. 

# Court of Appeals of the State of Georgia
ATLANTA, March 11, 2022 The Court of Appeals hereby passes the following order A22D0256. KAREN WEINSTOCK v. NOAM SMALL. Upon consideration of the Application for Discretionary Appeal, it is ordered that it be hereby DENIED.
LC NUMBERS: 2021CV354214
January 2019 to January 2020 Schedule

For Treasury-Disbursed Recurring Benefit Payments

Settlement Dates

Agency Jan’19 Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan’20

OPM Office of Personnel Management

Civil Service Retirement/Annuity

1/2** 2/1 3/1 4/1 5/1 6/3** 7/1 8/1 9/3** 10/1 11/1 12/2** 1/2**

RRB Railroad Retirement Board 

Railroad Retirement/Annuity

1/2** 2/1 3/1 4/1 5/1 6/3** 7/1 8/1 9/3** 10/1 11/1 12/2** 1/2**

VA Department of Veterans Affairs 

Compensation and Pension

12/31* 2/1 3/1 4/1 5/1 5/31* 7/1 8/1 8/30* 10/1 11/1 11/29* 12/31*

SSA Social Security Administration 

3rd of Month

1/3 2/1* 3/1* 4/3 5/3 6/3 7/3 8/2* 9/3 10/3 11/1* 12/3 1/3

SSA 

Cycle -2 2nd Wednesday

1/9 2/13 3/13 4/10 5/8 6/12 7/10 8/14 9/11 10/9 11/13 12/11 1/8

SSA

Cycle -3 3rd Wednesday

1/16 2/20 3/20 4/17 5/15 6/19 7/17 8/21 9/18 10/16 11/20 12/18 1/15

SSA

Cycle -4 4th Wednesday

1/23 2/27 3/27 4/24 5/22 6/26 7/24 8/28 9/25 10/23 11/27 12/24* 1/22

SSI 

Supplemental Security Income

12/31* 2/1 3/1 4/1 5/1 5/31* 7/1 8/1 8/30* 10/1 11/1 11/29* 12/31*

DOL-Black Lung

(Legacy Payments)

1/3 2/1* 3/1* 4/3 5/3 6/3 7/3 8/2* 9/3 10/3 11/1 12/3 1/3

DOL – Black Lung

(New Enrollees)

1/15 2/15 3/15 4/15 5/15 6/14* 7/15 8/15 9/13* 10/15 11/15 12/13* 1/15

.

* = Settlement Date Adjusted to the Preceding Business Day

** = Settlement Date Adjusted to the Following Business Day

Prepared by the U. S. Department of the Treasury/Bureau of the Fiscal Service January 2019
# C_2018134EN.01000801.xml

| 16.4.2018 | EN | Official Journal of the European Union | C 134/8 |
| --- | --- | --- | --- |

16.4.2018

EN

Official Journal of the European Union

C 134/8

---

Judgment of the Court (Sixth Chamber) of 22 February 2018 (request for a preliminary ruling from the First-tier Tribunal (Tax Chamber) — United Kingdom) — Kubota (UK) Limited, EP Barrus Limited v Commissioners for her Majesty's Revenue & Customs

(Case C-545/16) (1)

1

((Reference for a preliminary ruling - Common Customs Tariff - Tariff headings - Motor vehicles for the transport of goods - Subheadings 8704 10 10 and 8704 21 91 - Regulation (EU) 2015/221 - Validity))

(2018/C 134/10)

Language of the case: English

Referring court

Referring court

First-tier Tribunal (Tax Chamber)

Parties to the main proceedings

Parties to the main proceedings

Applicant: Kubota (UK) Limited, EP Barrus Limited

Applicant:

Defendant: Commissioners for her Majesty's Revenue & Customs

Defendant:

Operative part of the judgment

Operative part of the judgment

The examination of the questions referred has disclosed no factor capable of affecting the validity of Commission Implementing Regulation (EU) 2015/221 of 10 February 2015 concerning the classification of certain goods in the Combined Nomenclature.

---

(1)  OJ C 14, 16.1.2017.

1

---
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-7637

HENRY GORHAM,

Plaintiff - Appellant,

versus

RONALD ANGELONE, Director, Virginia Department

of Corrections; EDWARD C. MORRIS, Deputy

Director, Virginia Department of Corrections;

JOHN DOE, Director, Kentucky Department of

Corrections; JOHN DOE, Warden, Kentucky

Department of Corrections; JOE DOE, Director,

District of Columbia Department of Corrections; JOHN DOE, Warden, District of Columbia

Department of Corrections; ODIE WASHINGTON,

Director, Illinois Department of Corrections;

KEITH COOPER, Warden, Illinois Department of

Corrections; JOHN DOE(S), Various Corrections

Staff,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Robert G. Doumar, Senior District

Judge. (CA-97-919)

Submitted: February 26, 1998 Decided: March 19, 1998

Before WILKINS, NIEMEYER, and HAMILTON, Circuit Judges.
2

Dismissed by unpublished per curiam opinion.

Henry Gorham, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM:

Appellant, an inmate, appeals the district court's order

denying relief on his 42 U.S.C. § 1983 (1994) complaint under 28

U.S.C.A. § 1915A (West Supp. 1997). We have reviewed the record and

the district court's opinion and find that this appeal is frivolous. Accordingly, we dismiss the appeal on the reasoning of the

district court. Gorham v. Angelone, No. CA-97-919 (E.D. Va. Oct.

24, 1997). 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.

DISMISSED
IPAC Operational Metrics for November 2019

Volume by Transaction Type

Dollar Amount % of Total Dollar Amount] Number of Transactions] _% of Total Number of Transactions|

Fiduciary (investment & Borrowing) 14,610,059,673,260 99.73%| 13,416| 12.14%

Buy/Sell 32, 660,520,013 0.22% 95,577] 86.85%|

Benefits (RITS) 7,436,085 865 0.05% 386 0.35%|

[Check Aftermath (TRACS) 82,602,950 0.00% 735| 0.6756

Zero Dollar oO 0.00% o 0.00%|

[Grand Total - November 2019 14,650,238, 882,088 100.00%6| 100.00%6|

[Grand Total - October 2019 17,088,377, 168,318 100.0056| 100.00%|
[October to November Change =2,438,138,286,230|
Percentage Change =143%|
[Grand Total - November 2018 15,398,584,323,623|
Nov 2018 to Nov 2019 Change -748,345,481, 560)

4.9%
Exhibit 15.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the incorporation
by reference in the Registration Statement (Form F-3 No. 333-162217) of América Móvil, S.A.B. de C.V., the Registration Statement (Form F-3 No. 333-162217) of Radiomóvil Dipsa, S.A. de C.V. and in the related
prospectus of our reports dated May 10, 2011, with respect to the consolidated financial statements of América Móvil, S.A.B. de C.V. and subsidiaries, and the effectiveness of internal control over financial reporting of
América Móvil, S.A.B. de C.V., included in this Annual Report (Form 20-F) for the year ended December 31, 2010.



Mancera, S.C.A member practice ofErnst & Young Global/s/ Omero Campos SeguraC.P.C. Omero Campos Segura


Mexico City,
Mexico

May 13, 2011
Case 2:02-cv-02746-JP Document 178-6 Filed 12/16/2003 Page 1 of 30
Case 2:02-cv-02746-JP Document 178-6 Filed 12/16/2003 Page 2 of 30
Case 2:02-cv-02746-JP Document 178-6 Filed 12/16/2003 Page 3 of 30
Case 2:02-cv-02746-JP Document 178-6 Filed 12/16/2003 Page 4 of 30
Case 2:02-cv-02746-JP Document 178-6 Filed 12/16/2003 Page 5 of 30
Case 2:02-cv-02746-JP Document 178-6 Filed 12/16/2003 Page 6 of 30
Case 2:02-cv-02746-JP Document 178-6 Filed 12/16/2003 Page 7 of 30
Case 2:02-cv-02746-JP Document 178-6 Filed 12/16/2003 Page 8 of 30
Case 2:02-cv-02746-JP Document 178-6 Filed 12/16/2003 Page 9 of 30
Case 2:02-cv-02746-JP Document 178-6 Filed 12/16/2003 Page 10 of 30
Case 2:02-cv-02746-JP Document 178-6 Filed 12/16/2003 Page 11 of 30
Case 2:02-cv-02746-JP Document 178-6 Filed 12/16/2003 Page 12 of 30
Case 2:02-cv-02746-JP Document 178-6 Filed 12/16/2003 Page 13 of 30
Case 2:02-cv-02746-JP Document 178-6 Filed 12/16/2003 Page 14 of 30
Case 2:02-cv-02746-JP Document 178-6 Filed 12/16/2003 Page 15 of 30
Case 2:02-cv-02746-JP Document 178-6 Filed 12/16/2003 Page 16 of 30
Case 2:02-cv-02746-JP Document 178-6 Filed 12/16/2003 Page 17 of 30
Case 2:02-cv-02746-JP Document 178-6 Filed 12/16/2003 Page 18 of 30
Case 2:02-cv-02746-JP Document 178-6 Filed 12/16/2003 Page 19 of 30
Case 2:02-cv-02746-JP Document 178-6 Filed 12/16/2003 Page 20 of 30
Case 2:02-cv-02746-JP Document 178-6 Filed 12/16/2003 Page 21 of 30
Case 2:02-cv-02746-JP Document 178-6 Filed 12/16/2003 Page 22 of 30
Case 2:02-cv-02746-JP Document 178-6 Filed 12/16/2003 Page 23 of 30
Case 2:02-cv-02746-JP Document 178-6 Filed 12/16/2003 Page 24 of 30
Case 2:02-cv-02746-JP Document 178-6 Filed 12/16/2003 Page 25 of 30
Case 2:02-cv-02746-JP Document 178-6 Filed 12/16/2003 Page 26 of 30
Case 2:02-cv-02746-JP Document 178-6 Filed 12/16/2003 Page 27 of 30
Case 2:02-cv-02746-JP Document 178-6 Filed 12/16/2003 Page 28 of 30
Case 2:02-cv-02746-JP Document 178-6 Filed 12/16/2003 Page 29 of 30
Case 2:02-cv-02746-JP Document 178-6 Filed 12/16/2003 Page 30 of 30
# AID 011
# C_2016392EN.01001202.xml

| 24.10.2016 | EN | Official Journal of the European Union | C 392/12 |
| --- | --- | --- | --- |

24.10.2016

EN

Official Journal of the European Union

C 392/12

---

Appeal brought on 12 August 2016 by Global Steel Wire, S.A. against the judgment of the General Court (Sixth Chamber) delivered on 2 June 2016 in Joined Cases T-426/10 to T-429/16 and T-438/12 to T-441/12, Moreda-Riviere Trefilerías and Others v Commission

(Case C-454/16 P)

(2016/C 392/16)

Language of the case: Spanish

Parties

Parties

Appellant: Global Steel Wire, S.A. (represented by: F. González Díaz, A. Tresandi Blanco and V. Romero Algarra, lawyers)

Appellant:

Other party to the proceedings: European Commission

Other party to the proceedings:

Form of order sought

Form of order sought

The appellant claims that the Court should:

| — | set aside the judgment of the General Court of 2 June 2016 in Cases T-438/12 to T-441/12 and, in particular, in Case T-438/12, Global Steel Wire S.A. v Commission; |
| --- | --- |

—

set aside the judgment of the General Court of 2 June 2016 in Cases T-438/12 to T-441/12 and, in particular, in Case T-438/12, Global Steel Wire S.A. v Commission;

Global Steel Wire S.A.

Commission

| — | order the Commission to pay the costs incurred in both the present proceedings and the proceedings before the General Court. |
| --- | --- |

—

order the Commission to pay the costs incurred in both the present proceedings and the proceedings before the General Court.

Grounds of appeal and main arguments

Grounds of appeal and main arguments

| 1. | The General Court erred in law in declaring inadmissible the plea in law relating to the infringement of the appellant’s rights of defence. |
| --- | --- |

1.

The General Court erred in law in declaring inadmissible the plea in law relating to the infringement of the appellant’s rights of defence.

| 2. | The General Court erred in law by applying an incorrect legal standard when evaluating the second request for inability to pay and, consequently, the admissibility of the action. |
| --- | --- |

2.

The General Court erred in law by applying an incorrect legal standard when evaluating the second request for inability to pay and, consequently, the admissibility of the action.

| 3. | The General Court erred in law in evaluating the evidence or clearly distorting the evidence, failing to carry out a full review exercising its powers of unlimited jurisdiction, infringing the right to effective judicial protection and failing to state reasons. |
| --- | --- |

3.

The General Court erred in law in evaluating the evidence or clearly distorting the evidence, failing to carry out a full review exercising its powers of unlimited jurisdiction, infringing the right to effective judicial protection and failing to state reasons.

---
<PAGE>
                                                                    EXHIBIT 32.1


                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                            W-H ENERGY SERVICES, INC.
                       PURSUANT TO 18 U.S.C. SECTION 1350


         In connection with the quarterly report on Form 10-Q for the period
ended March 31, 2004 filed with the Securities and Exchange Commission on the
date hereof (the "Report"), I, Kenneth T. White, Jr., the Chief Executive
Officer of W-H Energy Services, Inc. (the "Company"), hereby certify, 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.


                                                   /s/ Kenneth T. White, Jr.
                                                   -----------------------------
                                                   Name: Kenneth T. White, Jr.
                                                   Date: May 7, 2004


This certification is furnished solely to comply with the requirements of Rule
13a-14(b) under the Securities Exchange Act of 1934 and 18 U.S.C. section 1350,
is subject to the knowledge standard contained therein and shall not be deemed
to be a part of the Report or "filed" for any purpose whatsoever.
# C_2017121EN.01000901.xml

| 18.4.2017 | EN | Official Journal of the European Union | C 121/9 |
| --- | --- | --- | --- |

18.4.2017

EN

Official Journal of the European Union

C 121/9

---

Appeal brought on 18 November 2016 by Skylotec GmbH against the judgment of the General Court (Second Chamber) of 13 September 2016 in Case T-146/15, hyphen GmbH v European Union Intellectual Property Office (EUIPO)

hyphen GmbH

European Union Intellectual Property Office (EUIPO)

(Case C-587/16 P)

(2017/C 121/12)

Language of the case: German

Parties

Parties

Appellant: Skylotec GmbH (represented by: M. De Zorti, Rechtsanwalt)

Appellant:

Other parties to the proceedings: European Union Intellectual Property Office (EUIPO), hyphen GmbH

Other parties to the proceedings:

By order of 28 February 2017, the Court of Justice of the European Union (Eighth Chamber) dismissed the appeal and ordered the appellant to bear its own costs.

---
Exhibit 8.1
                                                                     -----------

                            Significant Subsidiaries




Gemplus S.A., a French corporation
Gemplus GmbH, a German corporation
Gemplus Limited, a British corporation
Gemplus Microelectronics S.A., a French corporation
Gemplus Technologies Asia Limited, a Singapore corporation
Gemplus Microelectronics Asia Limited, a Singapore corporation
Tianjin Gemplus Smart Card Company Limited, a Chinese corporation
Gemplus Tianjin New Technologies Company Limited, a Chinese corporation
Gemplus Corporation, a Delaware corporation
Gemplus Card International de Mexico S.A. de C.V., a Mexican corporation
Gemplus Finance S.A., a Luxembourg corporation
Zenzus Holdings Limited, a Gibraltar corporation
Comment Info: =================

General Comment:See attached
##### 



Exhibit 32.0

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF
2002


The certification set forth below is being
submitted in connection with the Quarterly Report of CSK Auto
Corporation on Form 10-Q for the period ending May 2,
2004 (the Report) for the purpose of complying with
Rule 13a-14(b) or Rule 15d -14(b) of the Securities
Exchange Act of 1934 (the Exchange Act) and
Section 1350 of Chapter 63 of Title 18 of the
United States Code.

Maynard L. Jenkins, the Chief Executive Officer
and Don W. Watson, the Chief Financial Officer of CSK Auto
Corporation, each certifies that to the best of their knowledge:



| |                                                                                                                                                                         
| | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| | (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 result of operations of CSK Auto Corporation.



| |     |                       
| | --- | ----------------------
| | By: | /s/ MAYNARD L. JENKINS

| |                        
| | -----------------------
| |                        
| | Maynard L. Jenkins     
| | Chief Executive Officer

June 10, 2004



| |     |                  
| | --- | -----------------
| | By: | /s/ DON W. WATSON

| |                        
| | -----------------------
| |                        
| | Don W. Watson          
| | Chief Financial Officer

June 10, 2004
# March 2015

# April 2015

# May 2015

# June 2015

# July 2015

# August 2015
* 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

April 12, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-40651

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOSE ASCENSION RENDON-GARCIA,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 5:04-CR-2002-ALL

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

Before JONES, Chief Judge, and JOLLY and DAVIS, Circuit Judges.

PER CURIAM:*

Jose Ascension Rendon-Garcia appeals his guilty-plea

conviction and sentence for illegal reentry into the United

States after a previous deportation. He argues that the “felony”

and “aggravated felony” provisions of 8 U.S.C. § 1326(b)(1) and

(b)(2) are unconstitutional in light of Apprendi v. New Jersey,

530 U.S. 466 (2000). 

Rendon-Garcia’s constitutional challenge is foreclosed by

Almendarez-Torres v. United States, 523 U.S. 224, 235 (1998). 
No. 05-40651

-2-

Although Rendon-Garcia contends that Almendarez-Torres was

incorrectly decided and that a majority of the Supreme Court

would overrule Almendarez-Torres in light of Apprendi, we have

repeatedly rejected such arguments on the basis that AlmendarezTorres remains binding. See United States v. Garza-Lopez, 410

F.3d 268, 276 (5th Cir.), cert. denied, 126 S. Ct. 298 (2005). 

Rendon-Garcia 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.

AFFIRMED.