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that this opinion should not be published and is not precedent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

February 18, 2004

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-50819

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JUAN BARAJAS-RUIZ, also known as

Ernesto Gonzalez-Alvaro, also known

as Nacasio Salinas-Hernandez,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. DR-03-CR-80-1

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

Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.

PER CURIAM:*

 Juan Barajas-Ruiz appeals the sentence imposed following his

guilty plea conviction of being found in the United States after

deportation/removal in violation of 8 U.S.C. § 1326. BarajasRuiz contends that 8 U.S.C. § 1326(a) and 8 U.S.C. § 1326(b)

define separate offenses. He argues that the prior conviction

that resulted in his increased sentence is an element of a

separate offense under 8 U.S.C. § 1326(b) that should have been
No. 03-50819

-2-

alleged in his indictment. Barajas-Ruiz maintains that he

pleaded guilty to an indictment which charged only simple reentry

under 8 U.S.C. § 1326(a). He argues that his sentence exceeds

the two-year maximum term of imprisonment which may be imposed

for that offense.

In Almendarez-Torres v. United States, 523 U.S. 224, 235

(1998), the Supreme Court held that the enhanced penalties in

8 U.S.C. § 1326(b) are sentencing provisions, not elements of

separate offenses. The Court further held that the sentencing

provisions do not violate the Due Process Clause. Id. at 239-47. 

Barajas-Ruiz acknowledges that his argument is foreclosed by

Almendarez-Torres, but asserts that the decision has been cast

into doubt by Apprendi v. New Jersey, 530 U.S. 466, 490 (2000). 

He seeks to preserve his argument for further review. 

Apprendi did not overrule Almendarez-Torres. See Apprendi,

530 U.S. at 489-90; United States v. Dabeit, 231 F.3d 979, 984

(5th Cir. 2000). This court must follow Almendarez-Torres

“unless and until the Supreme Court itself determines to overrule

it.” Dabeit, 231 F.3d at 984 (internal quotation marks and

citation omitted). The judgment of the district court is

AFFIRMED.

The Government has moved for a summary affirmance in lieu of

filing an appellee’s brief. In its motion, the Government asks

that an appellee’s brief not be required. The motion is GRANTED. 

AFFIRMED; MOTION GRANTED.
No. 54969.

#### The Dynamo Tulle Importing Co., Inc., et al. *v.*United States,

protests 156196-K, etc. (New York).

Opinion by

Ekwall,'J.

It was stipulated that the Federal Reserve bank certified dual rates of exchange for the currencies involved in the liquidation of the entries for the dates of exportation of the merchandise covered by the entries and that the circumstances relating to the liquidation of the said entries are similar in all material respects to those in Abstract 54732. In view of this stipulation and following the cited decision it was held that the currencies of the invoices covered by certain enumerated entries should have been converted in the manner directed by the judgment of this court in said Abstract 54732, in accordance with Bureau of Customs Circular Letter No. 2675, dated October 19, 1949.
EXHIBIT 32

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

In connection with the Quarterly Report of Advanced Technologies Group, Ltd.
(the "Company") on Form 10-QSB for the period ended April 30, 2005 as filed with
the Securities and Exchange Commission (the "Report"), each of the undersigned,
in the capacities and on the dates indicated below, hereby certifies pursuant to
18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that:

     1.   the Report fully complies with the requirements of Section 13(a) or
          15(d) of the Securities Exchange Act of 1934; and

     2.   the information contained in the Report fairly presents, in all
          material respects, the financial condition and result of operations of
          the Company.


Date: June 19, 2006       By: /s/ Abel Raskas
                             ---------------------------------
                             Abel Raskas
                             President



Date: June 19, 2006       By: /s/ Alex Stelmak
                             ---------------------------------
                             Alex Stelmak
                             Chief Financial Officer
EXHIBIT 32.1



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


This certification set forth below is hereby made solely for the purpose of
satisfying the requirements of Section 906 of the Sarbanes-Oxley Act of 2002 and
may not be relied upon or used for any other purposes.

In connection with the Annual Report of Nebraska Book Company, Inc. (the
"Company") on Form 10-K for the year ending March 31, 2006 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Mark W.
Oppegard, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that:

     (1)  The Report fully complies with the requirements of Section 13(a) or
          15(d) of the Securities Exchange Act of 1934; and

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

A signed original of this written statement required by Section 906 or other
document authenticating, acknowledging or otherwise adopting the signature that
appears in typed form within the electronic version of the written statement
required by Section 906 has been provided to the Company and will be retained by
the Company and furnished to the Securities and Exchange Commission or its staff
upon request.



                                               /s/ Mark W. Oppegard
                                               --------------------------------
                                                  Mark W. Oppegard
                                                  Chief Executive Officer
                                                  June 29, 2006
---

Exhibit 99.15

Summary of Guaranty Contract of Maximum Amount ( the
Contract) Entered into by and between Mr. Li Xiangqian
(the Guarantor)and Longgang Branch, Shenzhen Development Bank (the Creditor) on December 21,
2009

Main contents:

- Guaranty Contract number: Shenfa Longgang Ebaozi
20091221001-2;
- As guarantor, Mr. Li Xiangqian undertakes to assume joint
and several liabilities for Shenzhen BAK Battery Co., Ltd (the Obligor)s
indebtedness towards Shenzhen Development Bank under the Comprehensive Credit
Facility Agreement of Maximum Amount (reference no.: Shenfa Longgang Zongzi
20091221001) from December 31, 2009 to December 14, 2010, and the maximum amount
secured is RMB200 million.
- Guaranty Responsibility: The guaranty under this
Contract shall be guaranty with joint and several liabilities. The guarantor is
obligated to pay off the debt in the event the Obligor is unable to pay off the
debt (including the creditor declares the debt becomes mature in advance to its
original expiry date due to default of the Obligor or the guarantor).
- Scope of Guaranty: The guaranty shall cover all of
the loan principal, interest, penalty interest, breach of contract compensation,
damages, undertaking fee and all the expenses such as litigation cost, lawyers
fee, notification cost and public notice cost etc. which is incurred to the
Creditor in realizing its creditors right.
- Guaranty period: The guaranty period is from the
effective date of this Contract to two years after the expiry of the term of the
Credit Facility Agreement and relevant agreement entered into under the Credit
Facility Agreement.

Headlines of the articles omitted:

- Payment on demand
- Declaration, guaranty and undertaking of the Guarantor
- Independent guaranty
- Fulfillment of the responsibility and giving up of the right
- Amendment of the Contract
- Effectiveness and Disputation settlement
- Contract period
- Supplement articles

---
STEAM ELECTRIC

CBI REPLACEMENT PAGE

EPA-HQ-OW-2009-0819

DCN: ________________________________________

THE FOLLOWING HAS BEEN REMOVED BECAUSE IT 

CONTAINS CONFIDENTIAL BUSINESS INFORMATION 

(CBI) PER 40 CFR PART 2, SUBPART B.

SE04360A134
Exhibit 4.3

              Certificate of Amendment to Articles of Incorporation
                         For Nevada Profit Corporations
          (Pursuant to NRS 78.385 and 78.390 - After Issuance of Stock)

1. Name of corporation: Intraop Medical Corporation

2. The articles have been amended as follows (provide article numbers, if
available):

Article IV is hereby amended to read as follows:

"The corporation is authorized to issue only one class of shares which shall be
designated "Common Stock," $0.001 par value per share. The total number of
shares which the corporation is authorized to issue is five hundred million
(500,000,000)."

3. The vote by which the stockholders holding shares in the corporation
entitling them to exercise at least a majority of the voting power, or such
greater proportion of the voting power as may be required in the case of a vote
by classes or series, or as may be required by the provisions of the articles of
incorporation have voted in favor of the amendment is: 58,751,299.

4. Effective date of filing (optional): _____________________

5. Officer Signature (Required): /s/ John Powers
                                 ---------------
**Exhibit 3.4**

**CERTIFICATE OF AMENDMENT**

**TO THE AMENDED AND RESTATED CERTIFICATE OF INCORPORATION**

**OF AVANEX CORPORATION**

**A DelawareCorporation**

Avanex Corporation, a corporation organized and existing under the laws of the State of Delaware (the“Corporation”), hereby certifies that: 

A: The name of this Corporation is Avanex Corporation. 

B: The date of filing of this Corporation’s original Certificate of Incorporation with the Secretary of State of Delaware was December 1, 1999.

C: Pursuant to Section 242 of the Delaware General Corporation Law, this Certificate of Amendment hereby amends the provisions of theCorporation’s Amended and Restated Certificate of Incorporation by deleting the first paragraph of Article Fourth and substituting therefor a new first paragraph to read in its entirety as follows: 

FOURTH: This Corporation is authorized to issue two classes of shares to be designated, respectively, Common Stock and Preferred Stock.The total number of shares of Common Stock that this Corporation is authorized to issue is 30,000,000 with a par value of $0.001 per share, and the total number of shares of Preferred Stock that this Corporation is authorized to issue is 2,000,000,with a par value of $0.001 per share. Effective as of 5:00 p.m., Eastern time, on the date this Certificate of Amendment to the Amended and Restated Certificate of Incorporation is filed with the Secretary of State of the State of Delaware, eachfifteen (15) shares of the Corporation’s Common Stock, par value $0.001 per share, issued and outstanding shall, automatically and without any action on the part of the respective holders thereof, be combined and converted into one(1) share of Common Stock, par value $0.001 per share, of the Corporation. No fractional shares shall be issued and, in lieu thereof, any holder of less than one (1) share of Common Stock shall be entitled to receive cash for suchholder’s fractional share based upon the closing sales price of the Corporation’s Common Stock as reported on the Nasdaq Global Market, as of the date this Certificate of Amendment is filed with the Secretary of State of the State ofDelaware. 

D: This Certificate of Amendment to the Amended and Restated Certificate of Incorporation has been duly adopted by thestockholders of the Corporation in accordance with the provisions of Section 242 of the Delaware General Corporation Law. 

IN WITNESS WHEREOF, Avanex Corporation has causedthis Certificate of Amendment to the Amended and Restated Certificate of Incorporation to be signed by Giovanni Barbarossa, its Interim Chief Executive Officer, this 12th day of August, 2008. 

 
AVANEX CORPORATION/s/ Giovanni Barbarossa
Giovanni Barbarossa

Interim Chief Executive Officer

 

-2-
# C_2013032EN.01000801.xml

| 2.2.2013 | EN | Official Journal of the European Union | C 32/8 |
| --- | --- | --- | --- |

2.2.2013

EN

Official Journal of the European Union

C 32/8

---

Action brought on 27 November 2012 — European Commission v Republic of Cyprus

(Case C-545/12)

2013/C 32/11

Language of the case: Greek

Parties

Parties

Applicant: European Commission (represented by: P. Hetsch, J. Hottiaux and Μ. Constantinidis, Agents)

Applicant:

Defendant: Republic of Cyprus

Defendant:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | Declare that by not adopting all the laws, regulations and administrative provisions necessary to comply with Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences (recast) (OJ 2006 L 403 p. 18) and, in any event, by not communicating to the Commission the text of those provisions, the Republic of Cyprus failed to fulfil its obligations under Article 16 of that directive; |
| --- | --- |

—

Declare that by not adopting all the laws, regulations and administrative provisions necessary to comply with Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences (recast) (OJ 2006 L 403 p. 18) and, in any event, by not communicating to the Commission the text of those provisions, the Republic of Cyprus failed to fulfil its obligations under Article 16 of that directive;

| — | impose on the Republic of Cyprus, pursuant to Article 260(3) TFEU, payment of a daily penalty payment amounting to EUR 6 504,96 from the date of publication of the judgment of the Court; |
| --- | --- |

—

impose on the Republic of Cyprus, pursuant to Article 260(3) TFEU, payment of a daily penalty payment amounting to EUR 6 504,96 from the date of publication of the judgment of the Court;

| — | order the Republic of Cyprus to pay the costs. |
| --- | --- |

—

order the Republic of Cyprus to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Article 16(1) of Directive 2006/126/EC obliges the Member States to adopt and publish, no later than 19 January 2011, the laws, regulations and administrative provisions necessary to comply with the new provisions which the directive concerned introduces and specifies.

The Republic of Cyprus has not fully transposed into domestic law the provisions of the directive. In particular, the Commission has ascertained that, at the date of lodging of the action, the Republic of Cyprus had not transposed into its domestic law Articles 1(1), 3, 7(1), 7(3), 7(5), 10 and 15 or Annex Ι, point 2, Annex ΙΙ, point 5.2 or Annexes IV, V and VI of the directive.

Consequently, the Commission considers that the Republic of Cyprus failed to fulfil its obligations under Article 260(3) TFEU.

---
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Home                 > Browse by Title > Collective Bargaining Clauses: Dismissal Pay

              																	Weiss, Dena G.					 and 	United States. Bureau of Labor Statistics. 						*Collective Bargaining Clauses: Dismissal Pay : Bulletin of the United States Bureau of Labor Statistics, No. 1216*,												Washington: 								Department of Labor, Bureau of Labor Statistics, 										August 1957,									https://fraser.stlouisfed.org/title/4572,			accessed on September 25, 2024.						    

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# C_2012366EN.01004102.xml

| 24.11.2012 | EN | Official Journal of the European Union | C 366/41 |
| --- | --- | --- | --- |

24.11.2012

EN

Official Journal of the European Union

C 366/41

---

Action brought on 28 September 2012 — ZZ v EIB

(Case F-107/12)

2012/C 366/83

Language of the case: French

Parties

Parties

Applicant: ZZ (represented by: L. Levi, lawyer)

Applicant:

Defendant: European Investment Bank

Defendant:

Subject-matter and description of the proceedings

Subject-matter and description of the proceedings

Annulment of the of the EIB’s implied decision not to recalculate the applicant’s years of pensionable service

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | annul the implied decision rejecting the applicant’s request of 10 July 2011 for the European Investment Bank to recalculate his years of pensionable service and order the defendant to pay the sum resulting from the recalculation; |
| --- | --- |

—

annul the implied decision rejecting the applicant’s request of 10 July 2011 for the European Investment Bank to recalculate his years of pensionable service and order the defendant to pay the sum resulting from the recalculation;

| — | order the European Investment Bank to allow the applicant to benefit from a recalculation of his years of pensionable service to take account of the additional 6 years and one month of contributions; |
| --- | --- |

—

order the European Investment Bank to allow the applicant to benefit from a recalculation of his years of pensionable service to take account of the additional 6 years and one month of contributions;

| — | order the European Investment Bank to pay the sum determined ex aequo et bono and in the provisional amount of EUR 5000 for the non-material harm suffered; |
| --- | --- |

—

order the European Investment Bank to pay the sum determined ex aequo et bono and in the provisional amount of EUR 5000 for the non-material harm suffered;

ex aequo et bono

| — | order the European Investment Bank to pay the costs. |
| --- | --- |

—

order the European Investment Bank to pay the costs.

---
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# Desert Depot: Equipping and Supplying the Fight

By  Tech. Sgt. Darnell T. Cannady380th AEW/PA

                AL DHAFRA AIR BASE, United Arab Emirates  –              *Editor's note: The original story can be viewed on the 380th Air Expeditionary Wing website.*

**                    SHARE                

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380th Expeditionary Logistics Readiness SquadronAl Dhafra Air Basewarehouseinventoryhazardous materialsparts
No. 96-7863.

#### McKoy *v.*Morris, Warden.

C. A. 3d Cir. Certiorari denied.
Retirement FunctionRETIREMENT FUNCTION OF CENTRAL A/C AND HEAT PUMPSFraction ofOriginal Shipment ofEach Age GroupYear after purchase1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30Avg LifeFraction Retired0.002 0.002 0.002 0.002 0.002 0.002 0.001 0.012 0.019 0.026 0.033 0.039 0.043 0.046 0.049 0.051 0.053 0.056 0.060 0.067 0.078 0.093 0.116 0.146 0.000 0.000 0.000 0.000 0.000 0.000 18.41Fraction Surviving1.000 0.998 0.996 0.994 0.992 0.990 0.988 0.987 0.976 0.956 0.930 0.897 0.858 0.815 0.769 0.720 0.669 0.616 0.560 0.500 0.433 0.355 0.262 0.146 0.000 0.000 0.000 0.000 0.000 0.000Break Down Function0.002 0.002 0.002 0.002 0.002 0.002 0.001 0.012 0.020 0.028 0.035 0.043 0.050 0.057 0.064 0.071 0.079 0.091 0.107 0.134 0.179 0.263 0.442 1.000 1.000 1.000 1.000 1.000 1.000 1.000Fraction with Problem0.023 0.024 0.025 0.026 0.027 0.029 0.031 0.033 0.035 0.038 0.033 0.039 0.044 0.048 0.105 0.155 0.221 0.067 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000Fraction Problem Free0.977 0.953 0.928 0.902 0.875 0.846 0.816 0.783 0.748 0.710 0.677 0.638 0.595 0.547 0.442 0.288 0.067 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000Problem Function0.023 0.025 0.026 0.028 0.030 0.033 0.036 0.040 0.045 0.051 0.046 0.057 0.068 0.081 0.191 0.350 0.766 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.00013.525Fraction of Original Shipment Retiring0.000.020.040.060.080.100.120.140.160 5 10 15 20 25 30Age of AC Product