alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# United States Court of Appeals **for the Fifth Circuit**

____________ No. 23-50635 Summary Calendar

____________ United States of America, Plaintiff—Appellee ,

versus Luis Armando Morales-Rojas, Defendant—Appellant

.

______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 2:20-CR-1544-2

______________________________ Before Jones, Southwick, and Ho, Circuit Judges

. Per Curiam: * Luis Armando Morales-Rojas pleaded guilty to conspiracy to transport illegal aliens in violation of 8 U.S.C. § 1324(a)(1)(A)(v)(I) and (B)(i), and transporting aliens within the United States for private financial gain in violation of § 1324(a)(1)(A)(ii) and (B)(i). The district court sentenced Morales-Rojas to 60 months of imprisonment.

_____________________

* This opinion is not designated for publication. See 5th Cir. R. 47.5. United States Court of Appeals Fifth Circuit 

### FILED April 19, 2024 Lyle W. Cayce Clerk Case: 23-50635 Document: 45-1 Page: 1 Date Filed: 04/19/2024No. 23-50635

2 On appeal, Morales-Rojas challeng es the application of a two-level enhancement pursuant to U.S.S.G. § 3B1. 1(c) based on the finding that he acted as an organizer of the criminal ac tivity. A district court’s finding that a defendant played an aggravating role for purposes of an adjustment under § 3B1.1(c) is a finding of fact th at we review for clear error. United States v. Ochoa-Gomez , 777 F.3d 278, 281 (5th Cir. 2015). The record shows that Morales-Rojas recruited his son-in-law to work in the smuggling operation, and he co ntrolled how much information his sonin-law had about the operation. Morale s-Rojas also rented the motel room where he and his son-in-law stayed while waiting to transport the illegal aliens, and he was the sole communicator with someone higher up in the operation. Thus, the record plausibly supports the district court’s finding that Morales-Rojas played an aggravating role in his offense by exercising control over another participant. See id. at 283; see also United States v. Giraldo , 111 F.3d 21, 24-25 (5th Cir. 1 997) (holding that a defendant’s recruitment of money suppliers of a dr ug transaction was sufficient to establish that a defendant exercised control over another participant). Accordingly, the district court did not clearly err in applying the enhancement.
AFFIRMED

. Case: 23-50635 Document: 45-1 Page: 2 Date Filed: 04/19/2024
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0001052743
<NAME> RECKSON SERVICE INDUSTRIES, INC.
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                              65
<SECURITIES>                                         0
<RECEIVABLES>                                    14951
<ALLOWANCES>                                         0
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<CURRENT-ASSETS>                                 14951
<PP&E>                                              30
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<CURRENT-LIABILITIES>                            12097
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
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<EPS-PRIMARY>                                    (.18)
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UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

ERIC TRIVEDI,

NO. CIV. S-04-1345 LKK/JFM

Plaintiff,

v. ORDER RE DISPOSAL

DOCUMENTS AFTER

FEDERATED INSURANCE COMPANY, NOTIFICATION OF SETTLEMENT

Defendant.

 /

Counsel for defendant has informed the court that the parties

have settled the above-captioned case. The court now orders that

the dispositional documents disposing of the case be filed no later

than thirty (30) days from the effective date of this order.

All hearing dates heretofore set in this matter are hereby

VACATED.

////

////

////

////

Case 2:04-cv-01345-LKK -JFM Document 20 Filed 08/29/05 Page 1 of 2
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2

FAILURE TO COMPLY WITH THIS ORDER MAY BE GROUNDS FOR THE

IMPOSITION OF SANCTIONS ON ANY AND ALL COUNSEL OR PARTIES WHO

CONTRIBUTED TO THE VIOLATION OF THIS ORDER.

IT IS SO ORDERED.

DATED: August 26, 2005.

/s/Lawrence K. Karlton 

LAWRENCE K. KARLTON

SENIOR JUDGE

UNITED STATES DISTRICT COURT

Case 2:04-cv-01345-LKK -JFM Document 20 Filed 08/29/05 Page 2 of 2
| /s/ Nicholas K. Akins  | /s/ Daniel V. Lee     |
|------------------------|-----------------------|
| Nicholas K. Akins      | Daniel V. Lee         |
|                   |                  |
| /s/ Sarah L. Bodner    | /s/ Marc E. Lewis     |
| Sarah L. Bodner        | Marc E. Lewis         |
|                   |                  |
| /s/ Paul Chodak, III   | /s/ Michael G. Morris |
| Paul Chodak, III       | Michael G. Morris     |
|                   |                  |
| /s/ J. Edward Ehler    | /s/ Robert P. Powers  |
| J. Edward Ehler        | Robert P. Powers      |
|                   |                  |
| /s/ Carl L. English    | /s/ Brian X. Tierney  |
| Carl L. English        | Brian X. Tierney      |
|                   |                  |
| /s/ Allen R. Glassburn | /s/ Susan Tomasky     |
| Allen R. Glassburn     | Susan Tomasky         |
|                   |                  |
| /s/ Scott M. Krawec    |                  |
| Scott M. Krawec        |                  |
|                   |                  |
|                   |                  |
**EXHIBIT 31.1****CERTIFICATIONS**I, Curtis J. Clawson, certify that: 1. I have reviewed this quarterly report on Form 10-Q of Hayes Lemmerz International, Inc;  2. Based on my knowledge, this report does not contain any untrue statement of a materialfact or 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 theperiod covered by this report;  3. Based on my knowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport;  4. The registrant’s other certifying officer(s) and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) for the registrant 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 registrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which this report is beingprepared;  b. Designed such internal control over financial reporting, or caused suchinternal control over financial reporting to be designed under our supervision, to providereasonable assurance regarding the reliability of financial reporting and the preparationof financial statements for external purposes in accordance with generally acceptedaccounting principles;  c. Evaluated the effectiveness of the registrant’s disclosurecontrols and procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end of the periodcovered by this report based on such evaluation; and  d. Disclosed in this report any changein the registrant’s internal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarter in the caseof an annual report) that has materially affected, or is reasonably likely to materiallyaffect, the registrant’s internal control over financial reporting; and 5. The registrant’s other certifying officer(s) and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the registrant’s auditorsand the audit committee of the registrant’s board of directors (or persons performing theequivalent functions): a. All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting that are reasonably likely to adversely affectthe registrant’s ability to record, process, summarize and report financial information;and  b. Any fraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financial reporting.         */s/*CURTIS J. CLAWSON   Curtis J. Clawson        *President and Chief Executive Officer*   December 10, 2007
[Federal Register Volume 72, Number 38 (Tuesday, February 27, 2007)]
[Notices]
[Pages 8739-8740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3415]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families


Grant to the National Eligibility Workers Association: 
Professionals Associated Through Human Services (NEW:PATHS); Office of 
Family Assistance

AGENCY: Office of Family Assistance, ACF, HHS.

ACTION: Notice to Award a Grant Award.

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

    C.F.D.A Number: 93.086.
SUMMARY: Notice is hereby given that an award is being made to the 
National Eligibility Workers Association: Professionals Associated 
Through Human Services of Cavalier, North Dakota, in the amount of 
$100,000 to develop a best practices handbook for front line social 
workers. NEW:PATHS is the only national organization dedicated to 
improving the personal and professional well-being of eligibility 
professionals and they are uniquely qualified to develop a handbook of 
best practices. Its members implement Temporary Assistance to Needy 
Families regulations, network with other eligibility professionals at 
local, regional, and national conferences and possess exceptional 
insights concerning Federal programs. NEW:PATHS has the capability of 
consulting with a national audience and its members are in direct 
contact with employment agencies to move participants from welfare to 
work and increase the percentage of families and children living in 
safe environments.

[[Page 8740]]

    After the appropriate reviews, it has been determined that this 
unsolicited proposal qualifies for funding.
    The period of this funding will extend from October 1, 2006 through 
March 31, 2008.
    Contact: Paul Maiers, Office of Family Assistance, Administration 
for Children and Families, 370 L'Enfant Promenade, SW., Washington, DC 
20447, Telephone: 202-401-5438, E-mail: <a href="/cdn-cgi/l/email-protection#532332263f7d3e323a362120133230357d3b3b207d343c25"><span class="__cf_email__" data-cfemail="4b3b2a3e2765262a222e39380b2a282d65232338652c243d">[email protected]</span></a>.

    Dated: February 17, 2007.
Sidonie Squier,
Director, Office of Family Assistance.
 [FR Doc. E7-3415 Filed 2-26-07; 8:45 am]
BILLING CODE 4184-01-P


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Exhibit No. 23

               CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS

       We consent to the  incorporation  by reference  in this Annual  Report on
Form 10-K of Journal  Communications  Inc. of our report dated January 29, 1999,
included in the 1998 Annual  Report to  Shareholders  of Journal  Communications
Inc.

       Our audits also  included  the  financial  statement  schedule of Journal
Communications Inc. listed in item 14(a). This schedule is the responsibility of
the company's  management.  Our responsibility is to express an opinion based on
our audits. In our opinion,  the financial statement schedule referred to above,
when considered in relation to the basic financial  statements taken as a whole,
presents fairly in all material respects the information set forth therein.

       We also consent to the  incorporation  by  reference in the  Registration
Statements of Forms S-8 (File Nos. 2-79770,  33-13771 and 333-15669)  pertaining
to Journal  Communications Inc. Employees' Individual Retirement Agreement;  the
Journal Employees' Stock Trust, and the Journal  Communications  Inc. Employees'
Stock Trust  filing of  November 5, 1996,  with  respect to  1,500,000  units of
beneficial  interest in said trust,  of our report  dated  January 29, 1999 with
respect  to the  consolidated  financial  statements  and  schedule  of  Journal
Communications  Inc. included and incorporated by reference in the Annual Report
(Form 10-K) for the year ended December 31, 1998.






Milwaukee, Wisconsin                                          ERNST & YOUNG LLP
March 26, 1999
No. 60063.

#### Electrolux Corp. *v.*United States,

protest 282852-K (New York).

Opinion by

Lawrence, J.

In accordance with stipulation of counsel that the merchandise consists of finished necessary parts, composed wholly or in chief value of base metal, of electric floor polishers; that said polishers are articles which have as an essential feature an electrical element or device; and that the issues are the same in all material respects as those involved in *United States*v. J. *E. Bernard & Company, Inc.*(42 C. C. P. A. 141, C. A. D. 586), except that the merchandise therein consisted of parts of electric ironers, the claim of the plaintiff was sustained.
Exhibit 32.1
**STATEMENT**
     Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. 1350,the undersigned officer of Mercury Air Group, Inc. (the “Company”) herebycertifies that to the knowledge of the undersigned:
          (1) The Company’s Annual Report on Form 10-K for the fiscal year endedJune 30, 2004 fully complies with the requirements of sections 13(a) or15(d), as applicable, of the Securities Exchange Act of 1934, and
          (2) The information contained in the report fairly presents, in allmaterial respects, the financial condition and results of operations of theCompany.    /s/ Joseph Czyzyk  Joseph Czyzyk *Chief Executive Officer and Director*
September 28, 2004
JAMES CAUL,

Plaintiff,

v.

UNITED STATES CAPITOL POLICE

BOARD,

Defendant.

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

Civil Action 09-01250 (HHK)

MEMORANDUM OPINION

Plaintiff James Caul brings this action against the United States Capitol Police Board

(“Police Board” or “Board”) alleging age discrimination in violation of the Age Discrimination in

Employment Act (“ADEA”), 29 U.S.C. § 621 et seq., and the United States Constitution. Caul’s

complaint arises from the merger of the Library of Congress Police Force (“Library Police”) and

the United States Capitol Police (“Capitol Police”). Caul was an officer of the Library Police at

the time Congress authorized this merger and is ineligible to become a member, rather than a

civilian employee, of the Capitol Police because of his age. Before the Court is the Police

Board’s motion to dismiss or, in the alternative, for summary judgment [#9].

The Board filed this motion on January 26, 2010. Local Civil Rule 7(b) provides that a

party opposing a motion “shall serve and file a memorandum of points and authorities in

opposition to the motion” within fourteen days of the date of service of the motion. LCvR 7(b).

Further, “[i]f such a memorandum is not filed within the prescribed time, the Court may treat the

motion as conceded.” Id. More than fourteen days have passed since January 26, 2010, and

Caul has filed no memorandum in opposition to the Board’s motion nor has he requested an
extension of the deadline for such filing. Accordingly, the Court treats the motion as conceded

and concludes that judgment shall be entered in favor of the Police Board.

1

An appropriate order accompanies this opinion.

Henry H. Kennedy, Jr.

United States District Judge

The Court notes that it appears that judgment in favor of the Police Board would

1

be appropriate on the merits even had Caul opposed the motion. This case is extremely similar to

two others in which this Court today grants dispositive motions for reasons also applicable here.

See Rovillard v. U.S. Capitol Police Bd., Civil Action No. 09-682; Perry v. U.S. Capitol Police

Bd., Civil Action No. 09-683.

2
OFFICE OF THE Al-I-ORNEY GENERAL OF TEXAS 

AUSTIN 

Xonorable A. E. Hfokereon 

County Auditor 

Montgomery county 

Conroe, Tar88 

/- l i’ 

Your letter of hUgU8t l’a, i343, request- the 

opinion of this 

iS 88 fOllOWSt 

c&e~+m stated therein 

paared OVBI? one of 

our light bridges\.)? aa’ou) 9in.g dlstrtot, broke 

thrwigh~,the brUge muI ia~~arklng the County to 

r&mburae for day68 $QI’A~ to hi8 truok. ..-. )

/ ‘. ?iould~~Ont~o&& County be re8pOIl8iblO for 

jd&ge8 oC,thix kind, end could thir party bring 

S.+t\+tl C8S~W%'fUSe pam'd'llt Of thl8 Ol~%fn.~ 

\ 'x / 

~,,, OpinS6& 100. O-2779 OS thi8 department held th.at 

Liberty Coupty, vaa not liable for 8 truok wreak under the 

facts relatAd.~/Ve enclose herewith 8 oopg OS eaid opinion 

for your infom8tlon. 

. 

Opinion No. O-4754 of thi8 department held that 

Hill County ~‘8s not liable fOP damage to an 8UtolnObile or 

oompenaation for injuries to the parties therein under the 

f8Ct8 related. We a180 SllOlO80 8 COPY Of that OpiXliOlh 

-- - - -. _ __ _ _ --. . ,- 
;lonorablo A. Er HIoker8on, Page 2 

We quote frcu Texar Jurirprudenoo, Vol. XI, pago 

6fl 88 fO11OW8I 

‘It ha8 ltXl$bt3Mlth@ hYin2OX88 thllttl 

County 18 not llablo in damage8 fOP injUrio8 

8U8taiXled fmZI OOZl8eqU~Oe Of tQl'tiOU8 Or, X48&11- 

g.nt sot8 Of it8 88Ollt8 Or-@@OJOe8, tie88 

lbblllty theaWon be oreated by etatute, 

expre88 tema or by neoo88ay impllor ooume, the oounty,.l8 not lable 

for thi aOt8 Of it8 OrriOeFI VhOn 8UOh aOt8 

’ an not perfomed la oonneotlon vlth their 

, offioiel dutle8.' 

(Also 8ee the authoritier 8U8tatiing this propo8itiOn cited 

on page 628, ~0x88 Jurisprudenoe, Vol. XI) 

fn VieV Of the fOlvgOing WlthOI'itie8 it 18 th. 

opinion of thl8 department that Wontg*ery County t not 

liable for the dfm8ger done to the truok in Question. With 

referenos to that port&on or y0u2 question esking In erreot 

vhether or not the party ovniIqj the teak oould bring 8Uit 

In the event the OOUDty rOf'U8ed payment Or the o1ai.m you 

8I?0 resDeotiallY advired that it is OUF OpiniOIl that V8 

knOV Of-n0 8tdilt88 or authority whioh vould Drohibit the 

party from brlaglag 

oEtya;;uld not be 

. 

the suit, hkev8P, a8 abok 8t8ted the 

llsbl8 for 8UOh daUIage8 OOOuFr~ to 

AU: if 

Ellol.
**Exhibit
      32.1**





**ESSEX
      PORTFOLIO, L.P.**


**Certification
      of Chief Executive Officer**


**Pursuant
      to 18 U.S.C. Section 1350 as adopted**


**Pursuant
      to Section 906 of the Sarbanes-Oxley Act of 2002**








Pursuant
      to Section 906 of the Sarbanes-Oxley Act of 2002 (Subsections (a) and (b) of
      Section 1350, chapter 63 of title 18, United States Code), I, Keith R. Guericke,
      hereby certify, to the best of my knowledge, that the Quarterly Report on Form
      10-Q for the period ended March 31, 2007 (the “Form 10-Q”) of Essex Portfolio,
      L.P. fully complies with the requirements of Section 13(a) or 15(d), as
      applicable, of the Securities Exchange Act of 1934, as amended, and information
      contained in the Form 10-Q fairly presents, in all material respects, the
      financial condition and results of operations of Essex Portfolio, L.P. at the
      dates of and for the periods presented.













Date:
      May
      9, 2007     /s/
      Keith R. Guericke


Keith
      R.
      Guericke


Chief
      Executive
      Officer and President,


Director
      and Vice
      Chairman of the Board,


Essex
      Property Trust,
      Inc., general partner


of
      Essex Portfolio,
      L.P.
DISMISS; and Opinion Filed December 12 , 2013. 

# S

In The



## Court of Appeals

Fifth District of Texas at Dallas

No. 05

- 13

- 01007

- CV

IN RE J.C. PENNEY CO MPANY INC., ET AL , Relator

Original Proceeding from the 193rd Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC

- 12

- 00735



### MEMORANDUM OPINION

Before Justices O'Neill, Lang

- Miers, and Evans

Opinion by Justice Evans

Before the Court is the joint motion of the parties to di smiss the above

- captioned

mandamus proceeding pursuant to which the parties advise the court that they have entered a

settlement agreement and have dismissed the action from which this mandamus proceeding

arose. The Court GRANTS the motion to dismiss . Ac cordingly, we DISMISS relator’s petition

for writ of mandamus as moot

. Tex. R. App. P. 42.1 (a)(2).

131007F.P05 /David W. Evans/

DAVID EVANS

JUSTICE
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LYNN HUBBARD, III, SBN 69773

SCOTTLYNN J HUBBARD IV, SBN 212970

LAW OFFICES OF LYNN HUBBARD, III

12 WILLIAMSBURG LANE

CHICO, CA 95926

Telephone: (530) 895-3252

Fax: (530) 894-8244

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

SHERIE WHITE,

Plaintiff,

 v.

EVERGREEN ORCHARD, LLC, et al.,

Defendants.

 /

Case No. CIV.S.04-1359 MCE CMK

ORDER FOR DISMISSAL

IT IS HEREBY ORDERED that the complaint of plaintiff, USDC Case No.

CIV.S.04-1359 MCE CMK, is hereby dismissed with prejudice.

Dated: May 17, 2005

__________________________________

MORRISON C. ENGLAND, JR

UNITED STATES DISTRICT JUDGE

Case 2:04-cv-01359-MCE -CMK Document 14 Filed 05/18/05 Page 1 of 1
<ASX version="3.0">	<ENTRY>		<REF HREF="mms://multimedia.mcpa.virginia.edu/911/hearing10/2004041302_high.asf" />	</ENTRY></ASX>
### 11 Record of Discussion

Docket No. FAA

- Directorate Identifier: 

### 2013

- NM

- 080

- AD

With whom outside the FAA has this action been discussed (i.e., Design Approval Holder,

manufacturer, ATA, NBAA, RAA, AOPA, ALPA, GAMA, etc)?

ORGANIZATION PERSON CONTACTED DATE TOPICS DISCUSSED



### Boeing Numerous On

- going Concur.



### NTSB Numerous On

- going Concur.



### JTSB Numerous On

- going Concur.



### JCAB Numerous On

- going Concur.



### Thales Numerous On

- going Concur.

Other/Additional Information:
Exhibit 4.3


 


Consent of Independent Registered
Public Accounting Firm


We consent to the
reference made to our firm under the caption “Independent Registered Public Accounting Firm” in Part B of the Prospectus
and to the use of our report dated October 13, 2016, in this Registration Statement (Form S-6 No. 333-212824) of Smart Trust 271,
comprising Smart Trust, Defensive 50 Equities Trust, Series 9.


 


/s/ Grant
Thornton LLP


 


Chicago, Illinois


October 13, 2016