alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 17-10113

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

KEVIN RAY PRENTICE,

Defendant-Appellant

Appeals from the United States District Court

for the Northern District of Texas

USDC No. 4:16-CR-149-1

Before DAVIS, CLEMENT, and COSTA, Circuit Judges.

PER CURIAM:*

Kevin Ray Prentice pleaded guilty to possession of a firearm by a felon 

in violation of 18 U.S.C. § 922(g)(1) and—pursuant to the Armed Career 

Criminal Act (ACCA), 18 U.S.C. § 924(e)—was sentenced to 188 months of 

imprisonment and four years of supervised release. On appeal, he argues that 

the district court (1) plainly erred by treating his conviction for possession of a 

controlled substance with intent to deliver, in violation of Texas Health and 

 

* 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

May 9, 2018

Lyle W. Cayce

Clerk

 Case: 17-10113 Document: 00514465409 Page: 1 Date Filed: 05/09/2018
No. 17-10113

2

Safety Code § 481.112, as a serious drug offense under the ACCA and (2) erred 

by treating his two Texas burglary convictions, in violation of Texas Penal Code

§ 30.02, as violent felonies under the ACCA.

As Prentice correctly acknowledges, his first argument is foreclosed by 

United States v. Vickers, 540 F.3d 356 (5th Cir. 2008), but he raises it to 

preserve the issue for further review. With respect to Prentice’s second issue, 

we recently concluded in United States v. Herrold, 883 F.3d 517 (5th Cir. 2018)

(en banc), that § 30.02(a) is “indivisible for the purposes of categorical analysis” 

and that § 30.02(a)(3) is “broader than the federal generic definition of burglary 

encoded in the [ACCA].” Id. at 520-41 (quotation at 520). Consequently, a 

Texas burglary conviction under § 30.02 is not a generic “burglary” under the 

ACCA. See id. at 537. As two of Prentice’s predicate offenses were also under 

§ 30.02, we VACATE and REMAND to the district court for resentencing in 

light of Herrold.

 Case: 17-10113 Document: 00514465409 Page: 2 Date Filed: 05/09/2018
<PAGE>   1
                                                                   EXHIBIT 10.17

             SOUTHDOWN, INC. SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN

                AGREEMENT OUTLINING SUPPLEMENTAL BENEFITS UPON A
                                CHANGE IN CONTROL

         WHEREAS, pursuant to the Southdown, Inc. Supplemental Executive
Retirement Plan (the "Plan"), Southdown, Inc. (the "Company") has previously
notified _____("Executive") of the terms of Executive's participation in the
Plan; and

         WHEREAS, pursuant to Section 8.1 of the Plan, the Retirement Committee,
as defined in the Plan, has designated Executive as the recipient of a benefit
enhancement upon the occurrence of a Change in Control, as defined in the Plan.

         NOW, THEREFORE, the Company and the Executive hereby agree to amend the
terms of Executive's participation in the Plan as follows (the "Amendment"):

     1.  Upon a Change in Control, for purposes of computing Executive's lump
         sum benefit under Section 8.1 of the Plan, Executive shall be credited
         with additional Years of Service as if Executive had continued to work
         for the Company until age 65, and Executive's age for purposes of
         calculating Executive's lump sum benefit shall be deemed to be 65
         years. Executive's lump sum benefit shall be calculated without any
         reduction for early payment and shall be paid within 10 days following
         the Change in Control regardless of any retirement or other termination
         of employment of Executive.

     2.  After a Change in Control and upon the expiration of Executive's
         participation in the medical plan(s) of the Company as an active
         employee, either through actual employment or an extension of coverage
         under an employment agreement, Executive shall be entitled to medical
         benefits as a retiree under the Company's medical plan(s) on terms no
         less favorable to Executive with respect to benefits and participant
         contributions as is provided in the Company's medical plan(s) in effect
         on the date immediately prior to a Change in Control.

     3.  The effective date of this Agreement is January 31, 2000.


                                       SOUTHDOWN, INC.


                                       By:
                                           ------------------------------------


                                       EXECUTIVE
                                                 ------------------------------
Exhibit 32

| 1.   | The      Company’s Quarterly Report on Form 10-Q for the period ended June 27,      2008, to which this Certification is attached as Exhibit 32 (the “Periodic      Report”), fully complies with the requirements of section 13(a) or section      15(d) of the Securities Exchange Act of 1934,  and |
|----------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 2.   | The      information contained in the Periodic Report fairly presents, in all      material respects, the financial condition and results of operations of      the Company. |
|----------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                       |   |                           |
|----------------------------|--------|--------------------------------|
|                       |   |                           |   |
| Dated:      August 6, 2008 | By:    | /s/ Martin      M. Koffel |   |
|                       |   | Martin      M. Koffel          |   |
|                       |   | Chief      Executive Officer   |   |
|                       |   |                           |   |

| Dated:      August 6, 2008 | By:    | /s/ H.      Thomas Hicks |   |
|----------------------------|--------|-------------------------------|--------|
|                       |   | H.      Thomas Hicks          |   |
|                       |   | Chief      Financial Officer  |   |
|                       |   |                          |   |

----
No. 43074.

#### Protest 7840-K of Quong Yee Wo (New York).

Opinion by

Keefe, J.

On the authority of Abstract 40933 the claim for free entry as joss stick under paragraph 1703 was sustained.
DFPIOFTRM 

DOCKETS 

-• -'A ' 1 A 11- U l 

OST-2010-0046 

USDOT Secretary 

Dear Sir: 

Let us live and breathe in mountain time not smother in central time. 

Keep mountain time for Mercer county. 

Rural Resident 

Mercer County
Exhibit 35.10



|     |  |                                                                                                             
|---- |  | ------------------------------------------------------------------------------------------------------------
|LOGO |  | Commercial Mortgage Servicing D1050-084, 8th Floor 401 South Tryon Street
Charlotte, NC 28202 1-800-326-1334

ANNUAL STATEMENT OF COMPLIANCE

Reference is hereby made to that certain Pooling and Servicing Agreement dated as of December 1, 2015, by and among WELLS FARGO
COMMERCIAL MORTGAGE SECURITIES, INC., as Depositor, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Master Servicer, C-III ASSET MANAGEMENT LLC, as Special Servicer, WELLS FARGO BANK, NATIONAL ASSOCIATION, as
Certificate Administrator, WILMINGTON TRUST, NATIONAL ASSOCIATION, as Trustee and PENTALPHA SURVEILLANCE LLC, as Operating Advisor and Asset Representations Reviewer with respect to Commercial Mortgage Pass-Through Certificates Series 2015-P2 (the Agreement). Capitalized terms used herein not otherwise defined shall have the meanings assigned in the Agreement.

Pursuant to Section 11.12 of this Agreement, I, Daniel Bober, Executive Vice President of Commercial Mortgage Services do hereby certify
that:



| | 1. | A review of the activities of the Master Servicer during the period from January 1, 2017 through December 31, 2017 (the Reporting Period) , and of its performance per the Agreement during such
period has been made under my supervision, and
| | -- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 2. | To the best of my knowledge, based on such review, the Master Servicer, has fulfilled all of its obligations under this Agreement in all material respects throughout the Reporting Period.
| | -- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

IN WITNESS WHEREOF, the undersigned has executed this Certificate as of the 28th day of February 2018.



|                        
|------------------------
|LOGO                    
|Daniel Bober            
|Executive Vice President
|Wells Fargo Bank        



|                       |  |     
|---------------------- |  | ----
|Wells Fargo Bank, N.A. |  | LOGO
[Federal Register Volume 72, Number 87 (Monday, May 7, 2007)]
[Notices]
[Page 25831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8687]


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

DEPARTMENT OF STATE

[Public Notice 5760]


U.S. National Commission for UNESCO; Notice of Annual Meeting

SUMMARY: The Annual Meeting of the U.S. National Commission for the 
United Nations Educational, Scientific, and Cultural Organization 
(UNESCO) will take place on Monday, May 21, 2007 and Tuesday, May 22, 
2007, at the Marriott Georgetown University Conference Hotel, 
Washington, DC (3800 Reservoir Road, NW.). The theme of this year's 
Annual Meeting is ``UNESCO as a Capacity Builder: Pursuing its mandate 
through Education, the Sciences, Culture, and Communications.'' On 
Monday, May 21 from 9 a.m. to 12 p.m. and from 2:15 p.m. to 5 p.m. and 
on Tuesday, May 22 from 9 a.m. to 12 p.m., the Commission will hold a 
series of informational plenary sessions and subject-specific committee 
breakout sessions, which will be open to the public. On Tuesday, May 
22, 2007, the Commission will meet from 1:45 p.m. until 4 p.m. to 
discuss recommendations on the meeting's theme and other UNESCO-related 
issues. Members of the public who wish to attend any of these meetings 
should contact the U.S. National Commission for UNESCO no later than 
Wednesday, May 16th for further information about admission, as seating 
is limited. Those who wish to make oral comments during the public 
comment section held during the concluding session Tuesday afternoon 
should request to be scheduled by Wednesday, May 16th. Each individual 
will be limited to five minutes, with the total oral comment period not 
exceeding thirty minutes. Written comments should be submitted by 
Monday, May 14th to allow time for distribution to the Commission 
members prior to the meeting. The National Commission may be contacted 
via e-mail at <a href="/cdn-cgi/l/email-protection#eda9aeb8a3a8beaea2ad9e998c9988c38a829b"><span class="__cf_email__" data-cfemail="4d090e1803081e0e020d3e392c3928632a223b">[email protected]</span></a>, or via phone at (202) 663-0026. Its 
Web site can be accessed at: http://www.state.gov/p/io/unesco/.

    Dated: May 1, 2007.
Susanna Connaughton,
U.S. National Commission for UNESCO, Department of State.
 [FR Doc. E7-8687 Filed 5-4-07; 8:45 am]
BILLING CODE 4710-19-P


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</html>
#### Leonardo C. MARIANO, Petitioner, v. U.S. DEPARTMENT OF LABOR; U.S. Navy Exchange Service,* Respondents.

No. 04-70198.

United States Court of Appeals, Ninth Circuit.

Submitted May 9, 2005.**

Decided May 16, 2005.

Leonardo C. Mariano, Everett, WA, pro se.

Mark A. Reinhalter, Attorney, US Department of Labor Office of the Solicitor, Janet R. Dunlop, Esq., U.S. DOL Administrative Review Board, Washington, DC, for Respondents.

Before: PREGERSON, CANBY, and THOMAS, Circuit Judges.

*

 The United States Navy Exchange Service’s motion to file a responsive brief and to be added as a real party in interest is granted. Petitioner’s motion to hold Respondent in default for failure to submit a brief is denied.

**

The panel unanimously finds this case suit*7able for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

*7MEMORANDUM ***

Leonardo C. Mariano petitions pro se for review of the Department of Labor Benefits Review Board (“Board”) decision affirming the decision of an administrative law judge (“ALJ”) denying permanent total disability benefits under the Longshore and Harbor Workers’ Compensation Act, 38 U.S.C. §§ 901-950. Our jurisdiction is governed by 33 U.S.C. § 921(c). We review for errors of law and adherence to the substantial evidence standard, *Brady-Hamilton Stevedore Co. v. Director, OWCP,*58 F.3d 419, 421 (9th Cir.1995), and deny the petition for review.

The ALJ’s adverse credibility determinations were supported by substantial evidence due to Mariano’s inconsistent testimony and demeanor. *See Goldsmith v. Director, OWCP,*838 F.2d 1079, 1081 (9th Cir.1988). The ALJ’s rejection of Mariano’s medical reports was also supported by substantial evidence as the reports were based on Mariano’s version of the facts. *See Fair v. Bowen,*885 F.2d 597, 605 (9th Cir.1989). Accordingly, the Board properly concluded that there was substantial evidence to support the ALJ’s conclusion that Mariano did not establish a prima facie case that his injury arose out of his employment with the U.S. Navy Exchange Service. *See Goldsmith,*838 F.2d at 1081.

Petitioner’s remaining contentions lack merit.

PETITION FOR REVIEW DENIED.

***

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JUL-31-1998
<PERIOD-START>                             AUG-01-1997
<PERIOD-END>                               APR-30-1998
<CASH>                                       (315,484)
<SECURITIES>                                   837,099
<RECEIVABLES>                                1,628,857
<ALLOWANCES>                                         0
<INVENTORY>                                  3,554,376
<CURRENT-ASSETS>                             5,704,848
<PP&E>                                       3,583,180
<DEPRECIATION>                             (2,166,712)
<TOTAL-ASSETS>                               7,121,316
<CURRENT-LIABILITIES>                        2,275,009
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       816,000
<OTHER-SE>                                   4,030,307
<TOTAL-LIABILITY-AND-EQUITY>                 7,121,316
<SALES>                                      4,150,491
<TOTAL-REVENUES>                             4,160,452
<CGS>                                        3,435,526
<TOTAL-COSTS>                                3,969,683
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                190,769
<INCOME-TAX>                                    74,400
<INCOME-CONTINUING>                            116,369
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   116,369
<EPS-PRIMARY>                                      .14
<EPS-DILUTED>                                        0
        

</TABLE>
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 295 Introduced in House (IH)]

110th CONGRESS
  2d Session
H. CON. RES. 295

  Expressing the deepest appreciation of Congress to the families of 
               members of the United States Armed Forces.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 13, 2008

Mr. Bilirakis submitted the following concurrent resolution; which was 
              referred to the Committee on Armed Services

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
  Expressing the deepest appreciation of Congress to the families of 
               members of the United States Armed Forces.

Whereas more than 2,000,000 Americans are demonstrating their devotion to the 
        United States and freedom by serving in the United States Armed Forces;
Whereas there are a multitude of family members, including mothers, fathers, 
        siblings, spouses, and children, supporting each member of the Armed 
        Forces;
Whereas, even in peacetime, the family of a member of the Armed Forces makes 
        concessions given the inherent dangers of military service and the 
        frequent relocations resulting in disruption of everyday routine;
Whereas, during wartime, family members endure increased sacrifices, forgo time 
        with their loved one, and face increased worry and uncertainty when 
        their loved one serves extended tours overseas or engages in enhanced 
        training activities;
Whereas an increasing number of family members have taken on volunteer 
        responsibilities in organizations associated with the Armed Forces;
Whereas the family of a member of the Armed Forces wounded in action willingly 
        accepts the additional role of caregiver, even when it requires 
        postponement of personal goals;
Whereas the families of members of the Armed Forces serve as a pillar of 
        strength and encouragement for those serving the interests of the United 
        States at home and abroad; and
Whereas the families of members of the Armed Forces play a critical role in 
        providing emotional support and readjustment assistance as members 
        transition from military life to civilian life: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That Congress expresses its deepest appreciation to the families, both 
immediate and extended, of members of the United States Armed Forces 
for the unwavering support, both physical and emotional, that family 
members give their loved ones while they answer the call to serve their 
country and keep the United States safe.
                                 <all>
```
Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part
                      the document amends, proposes to amend, or is directly
                      related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in
                      the Unified Agenda of Federal Regulatory and Deregulatory
                      Actions See the
                    Document Drafting Handbook
                    for more details.
 Department of Justice Drug Enforcement Administration
 
 
 Pursuant to § 1301.33(a) of Title 21 of the Code of Federal Regulations (CFR), this is notice that on August 21, 2006, Cedarburg Pharmaceuticals, Inc., 870 Badger Circle, Grafton, Wisconsin 53024, made application by renewal to the Drug Enforcement Administration (DEA) to be registered as a bulk manufacturer of the basic classes of controlled substances listed in schedule I and II: Drug
ScheduleTetrahydrocannabinols (7370)
IDihydromorphine (9145)
IDihydrocodeine (9120)
IIOxycodone (9143)
IIHydromorphone (9150)
IIHydrocodone (9193)
IISufentanil (9740)
IIFentanyl (9801)
IIRemifentanil (9739)
II
 The company plans to manufacture the listed controlled substances in bulk for distribution to its customers. Any other such applicant and any person who is presently registered with DEA to manufacture such substances may file comments or objections to the issuance of the proposed registration pursuant to 21 CFR 1301.33(a). Any such written comments or objections being sent via regular mail should be addressed, in quintuplicate, to the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration, Washington, DC 20537, Attention: DEA Federal Register Representative/ODL; or any being sent via express mail should be sent to DEA Headquarters, Attention: DEA Federal Register Representative/ODL, 2401 Jefferson-Davis Highway, Alexandria, Virginia 22301; and must be filed no later than March 26, 2007. Dated: January 16, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration.


[FR Doc. E7-850 Filed 1-22-07; 8:45 am] BILLING CODE 4410-09-P
**CERTIFICATION      PURSUANT TO**

**SECTION      906 OF THE SARBANES-OXLEY ACT OF 2002**

**(18      U.S.C. 1350)**

|  | 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/ Dr.                D. J. Freed                                                                            |
|        |   |   | Dr.                D. J. Freed                                                                                     |
|   |   |   | President                  andChief                  Executive Officer and DirectorMarch                  10, 2006 |
1... See Tex. R. App. P. 47.4.

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-09-148-CV

IN RE ROBERT E. RAGLAND RELATOR

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

ORIGINAL PROCEEDING

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

MEMORANDUM OPINION1

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

The court has considered relator’s petition for writ of mandamus and is

of the opinion that relief should be denied. Accordingly, relator’s petition for

writ of mandamus is denied.

PER CURIAM

PANEL: DAUPHINOT, J.; CAYCE, C.J.; and MEIER, J.

DELIVERED: June 10, 2009
No. 53234.

#### Biddle Purchasing Co. et al. *v.*United States,

protests 7194-4-K, etc. (New York).

Opinion by

Ekwall, J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.