alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals 

for the Fifth Circuit 

No. 20-50749 

Summary Calendar 

United States of America, 

Plaintiff—Appellee, 

versus

Eleno Guillen-Morales, 

Defendant—Appellant. 

Appeal from the United States District Court 

for the Western District of Texas 

USDC No. 4:20-CR-217-1 

Before Higginbotham, Jones, and Costa, Circuit Judges. 

Per Curiam:*

Eleno Guillen-Morales pleaded guilty to illegal reentry after removal, 

in violation of 8 U.S.C. § 1326. He was sentenced to a 37-month term of 

imprisonment, to be followed by a three-year term of supervised release. 

*

 Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited 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 Circuit Rule 47.5.4. 

United States Court of Appeals 

Fifth Circuit 

FILED 

April 16, 2021 

Lyle W. Cayce 

Clerk 

Case: 20-50749 Document: 00515824273 Page: 1 Date Filed: 04/16/2021
No. 20-50749 

2 

Raising one issue on appeal, Guillen-Morales argues that the 

recidivism enhancement under § 1326(b) is unconstitutional in light of 

Apprendi v. New Jersey, 530 U.S. 466 (2000), and subsequent decisions 

because it allows a sentence above the otherwise applicable statutory 

maximum based on facts that are neither alleged in the indictment or found 

by a jury beyond a reasonable doubt. Guillen-Morales concedes that this 

argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 

226-27 (1998), but seeks to preserve the issue for further review. The 

Government, agreeing that the issue is foreclosed, has filed an unopposed 

motion for summary affirmance. In the alternative, the Government requests 

an extension of time to file a brief. 

As the Government argues, and Guillen-Morales concedes, the sole 

issue raised on appeal is foreclosed by Almendarez-Torres. See United States 

v. Wallace, 759 F.3d 486, 497 (5th Cir. 2014); United States v. PinedaArrellano, 492 F.3d 624, 625-26 (5th Cir. 2007). Because the issue is 

foreclosed, summary affirmance is appropriate. See Groendyke Transp., 

Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969). 

Accordingly, the Government’s motion for summary affirmance is 

GRANTED, the Government’s alternative motion for an extension of time 

to file a brief is DENIED, and the judgment of the district court is 

AFFIRMED. 

Case: 20-50749 Document: 00515824273 Page: 2 Date Filed: 04/16/2021
EXHIBIT 4.19  ENGLISH LANGUAGE SUMMARY OF THE MATERIAL PROVISIONS OF THE COMMITMENT TO PURCHASE AND SELL SHARES OF TELE NORTE LESTE PARTICIPAÇÕES S.A. AND TELEMAR NORTE LESTE S.A, DATED AS OF JANUARY 25, 2011, AMONG BRATEL BRASIL S.A., TELEMAR PARTICIPAÇÕES S.A., TELE NORTE LESTE PARTICIPAÇÕES S.A., TELEMAR NORTE LESTE S.A. AND, AS INTERVENING PARTY, PORTUGAL TELECOM, SGPS S.A.  ·Sale of Shares and Price:Telemar Participações S.A. (TmarPart) and Tele Norte Leste Participações S.A. (TNLP) undertook under the contract (x) to increase the capital of TNLP and Telemar Norte Leste S.A. (Telemar) upon issuance of new shares, (y) to subscribe such new shares, and (z) to sell part of such newly issued shares to Bratel Brasil S.A. (Bratel).  ·The transaction was subject to a number of conditions, including, inter alia, the concurrent acquisitions and/or subscriptions of shares of Pasa Participações S.A., EDSP75 Participações S.A., TmarPart, TNLP and Telemar so as to assure that Bratel would hold a minimum direct and indirect interest in Telemar of 22.38%..  ·Indemnification:TmarPart, TNLP and Telemar agreed to indemnify Bratel for breaches of representations and warranties relating to them and to the ownership of the shares, as well as for default of any obligation undertaken by them under the contract.  Bratel agreed to indemnify TmarPart, TNLP and Telemar for breaches of representations and warranties relating to it and default of any obligation undertaken by it under the contract.  ·Representations, Warranties and Agreements:The agreement contained customary representations, warranties and agreements typical of merger and acquisition transactions.  ·Termination:The contract allowed the parties to terminate it under specified circumstances.  It also provided for automatic termination under certain extraordinary circumstances, such as bankruptcy of any of the parties.  The agreement was not terminated, and the transaction closed on March 28, 2011.  ·Governing Law and Dispute Resolution:The agreement is governed by Brazilian law.  Any dispute under the agreement is to be resolved through arbitration in Brazil.  Portugal Telecom will provide a copy of the Portuguese language agreement to the Staff of the Securities and Exchange Commission upon request.
Exhibit 32.2

CERTIFICATION PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002*

In connection with the Annual Report of TranSwitch Corporation (the Company) on Form 10-K for the year ended December 31, 2006 as
filed with the Securities and Exchange Commission on the date hereof (the Report), I, Theodore Chung, Vice President, Interim Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted
pursuant to §906 of the Sarbanes-Oxley Act of 2002, that:



| | 1. | The Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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.
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------



By:

/s/ Theodore ChungTheodore ChungVice President, Interim Chief Financial OfficerMarch 6, 2007




---

|* | A signed original of this written statement required by Section 906 has been provided to TranSwitch Corporation and will be retained by TranSwitch Corporation and furnished to
the Securities and Exchange Commission or its staff upon request.
|- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[Federal Register Volume 62, Number 185 (Wednesday, September 24, 1997)]
[Notices]
[Page 50048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25274]


=======================================================================
-----------------------------------------------------------------------

SMALL BUSINESS ADMINISTRATION


Mid-Atlantic States Regional Fairness Board; Public Hearing

    The Mid-Atlantic States Regional Fairness Board will hold a public 
meeting on Thursday, September 25, 1997, at the CitiCorp Center, 135 E. 
35th Street, 14th Floor, Room J, New York, NY, to inform the small 
business community of the existence of a regulatory enforcement 
oversight process and of SBA's desire to collect information regarding 
businesses' experience with regulatory enforcement actions, and to 
discuss such matters as may be presented by members, staff of the U.S. 
Small Business Administration, or others present.
    For further information, please contact Gary P. Peele at (312) 353-
0880.

    Dated: September 12, 1997.
Debra Silimeo,
Deputy Associate Administrator, Office of Communications and Public 
Liaison.
[FR Doc. 97-25274 Filed 9-23-97; 8:45 am]
BILLING CODE 8025-01-P-M
----

| 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. |
|----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | Signed: | /s/ Kelvin Claney                          |   |
|--------|---------|--------------------------------------------|--------|
|   |    | President      and Chief Executive Officer |   |
|   |    |                                       |   |
|   | Signed: | /s/ Richard Ransom                         |   |
|   |    | Chief      Financial Officer               |   |

----
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# Commercial Timbers of West Africa

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# Commercial Timbers of West Africa

Ayensu, Edward S.Bentum, Albert

DOI:					https://doi.org/10.5479/si.0081024X.14

Date:					1974

### Citation:					

*Commercial Timbers of West Africa**Smithsonian Contributions to Botany*https://doi.org/10.5479/si.0081024X.14

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IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

BENJAMIN WAYNE MERRING, :

:

Petitioner :

: CIVIL NO. 4:09-CV-2070

:

v. : Hon. John E. Jones III

 :

:

JANINE DONATE, et al., :

:

Respondents :

MEMORANDUM

 March 25, 2010

THE BACKGROUND OF THIS MEMORANDUM IS AS FOLLOWS:

Petitioner Benjamin Wayne Merring (“Petitioner” or “Merring”), an inmate

presently confined at the Lackawanna County Prison in Scranton, Pennsylvania,

commenced this pro se action by filing a Petition for Writ of Habeas Corpus

(“Petition”). (Doc. 1.) 

 Although Merring did not characterize his Petition as having been filed under 

the provisions of 28 U.S.C. § 2254, because he is in custody pursuant to the judgment

of a State court, in our December 16, 2009 Order, we determined that his Petition is

cognizable under 28 U.S.C. § 2254, and construed it as such. (Doc. 4.) In that same

Order, in accordance with United States v. Miller, 197 F.3d 644 (3d Cir. 1999), and

Case 4:09-cv-02070-JEJ-SF Document 11 Filed 03/25/10 Page 1 of 2
Mason v. Meyers, 208 F.3d 414 (3d Cir. 2000), we issued a formal notice to Merring

that he either could have his Petition ruled on as filed, or withdraw his Petition and

file one all-inclusive § 2254 petition within the one-year statutory period prescribed

by the Antiterrorism and Effective Death Penalty Act (“AEDPA”). (Id.) 

After requesting an extension of time to file his Notice of Election, which was

granted, on March 24, 2010, Merring filed a Notice of Election. (Doc. 10.) Although

Merring did not utilize the form Notice of Election that was attached to this Court’s

December 16, 2009 Order, he provided a handwritten Notice in which he states that he

chooses to withdraw his Petition as filed so that he may file one, all-inclusive petition. 

(See id.) Our December 16 Order stated that “[i]f Petitioner decides to file an allinclusive § 2254 petition raising all grounds for relief, Petitioner’s Notice of Election

form must also be accompanied by his new § 2254 petition. If the new 

§ 2254 petition does not accompany the Notice of Election, the Court will dismiss this

case without prejudice.” (See Doc. 4 ¶ 3.) Because a new § 2254 petition did not

accompany Merring’s Notice of Election, his Application for leave to proceed in

forma pauperis (Doc. 2) will be granted for the sole purpose of filing the Petition, and

the Petition (Doc. 1) will be dismissed without prejudice. An appropriate Order will

enter.

2

Case 4:09-cv-02070-JEJ-SF Document 11 Filed 03/25/10 Page 2 of 2
#### In re Jessie Lee MAINOR, alias v. STATE. Ex parte State of Alabama ex rel. Attorney General.

SC 2598.

Supreme Court of Alabama.

July 29, 1977.

*1092William J. Baxley, Atty. Gen. and Joseph G. L. Marston, III, Asst. Atty. Gen., for the State.

Bob E. Allen, Montgomery, for respondent.

SHORES, Justice.

In denying this writ, we do not wish to be considered as agreeing fully with the statement of the Court of Criminal Appeals which classified the references to the earlier shooting as immaterial. The state’s evidence to the effect that defendant had shot into the house earlier appears to have been improper rebuttal. Had this evidence been offered in the state’s case in brief, however, it may have been relevant and material either on the issue of identity or to negate accident. If the case is retried, we do not apprehend that the prosecution will confuse the applicable rules of substantive evidence with those governing impeachment by proof of a prior self-contradictory statement.

WRIT DENIED.

TORBERT, C. J., and MADDOX, FAULKNER and BEATTY, JJ., concur.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF THERAPEUTIC ANTIBODIES INC. FOR THE PERIOD ENDED
DECEMBER 31, 1997, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                       4,915,077
<SECURITIES>                                 1,997,240
<RECEIVABLES>                                  594,267
<ALLOWANCES>                                         0
<INVENTORY>                                    489,138
<CURRENT-ASSETS>                             8,585,280
<PP&E>                                      16,343,421
<DEPRECIATION>                               4,886,731
<TOTAL-ASSETS>                              20,800,065
<CURRENT-LIABILITIES>                        4,149,148
<BONDS>                                      6,059,072
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        23,253
<OTHER-SE>                                   9,735,092
<TOTAL-LIABILITY-AND-EQUITY>                20,800,065
<SALES>                                        392,888
<TOTAL-REVENUES>                             2,677,931
<CGS>                                          110,740
<TOTAL-COSTS>                                  725,338
<OTHER-EXPENSES>                            18,800,311
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           1,001,959
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                         16,847,718
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                16,847,718
<EPS-PRIMARY>                                      .74
<EPS-DILUTED>                                      .74


</TABLE>
#### STATE of Louisiana v. Jerry RACCA.

No. 62406.

Supreme Court of Louisiana.

June 9, 1978.

In re: Jerry Racca applying for writs of certiorari, prohibition, mandamus for a stay order. Parish of Jefferson Davis.

Denied. Applicant has an adequate remedy by appeal in the event of conviction.
**EXHIBIT 32.1**

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to 18U.S.C. Section 1350 (as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002), I, the undersigned Chief Executive Officer andActing Chief Financial Officer of Bancorp International Group, Inc. (the “Company”),hereby certify that, to the best of my knowledge, the Quarterly Report on Form 10-QSBof the Company for the three months ended March 31, 2006 (the “AnnualReport”) fully complies with the requirements of section 13(a) or 15(d) ofthe Securities Exchange Act of 1934 and that information contained in theAnnual Report fairly presents, in all material respects, the financialcondition and results of operations of the Company.
| Date: July 3, 2006 |   | /S/ THOMAS MEGAS                                         |
|------------------------------|--------|----------------------------------------------------------|
|                         |   | Chief Executive  Officer  Acting 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



In connection with the Annual Report of Tullys Coffee Corporation (the Company) on Form 10-K for the fiscal year ended April 2,
2006, as filed with the Securities and Exchange Commission on July 3, 2006 (the Report), I, John D. Dresel, President and Chief Operating Officer of the Company (principal executive officer), certify, pursuant to 18 U.S.C. §
1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to my 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 results of operations of the Company.
| | --- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                                                                               
|-----------------------------------------------------------------------------------------------
|/S/    JOHN D.
DRESEL                                                                          
|John D. Dresel President and Chief Operating Officer (principal executive officer) July 3, 2006
#### Magnolia GREEN, Appellant, v. STATE of Florida, Appellee.

No. 76-723.

District Court of Appeal of Florida, Second District.

Aug. 12, 1977.

Jack 0. Johnson, Public Defender, Bar-tow, and Douglas A. Wallace, Asst. Public Defender, Bradenton, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Appellant/defendant, Magnolia Green, was adjudicated guilty by the trial court on charges of possession of heroin, possession of codeine, and possession of paraphernalia. A general sentence of seven years imprisonment was imposed on her. The court then suspended that sentence and ordered appellant to be placed on probation for ten years.

We affirm the judgment but reverse the sentence and remand this cause to the trial court for apportionment of the general sentence in accordance with *Darden*v. *State,*306 So.2d 581 (Fla.2d DCA 1975).

AFFIRMED in part; REVERSED in part, and REMANDED.

BOARDMAN, C. J., and HOBSON and GRIMES, JJ., concur.
#### John Curtis MADERE, Jr. v. STATE of Mississippi.

No. 45540.

Supreme Court of Mississippi.

Oct. 20, 1969.

Guy C. Faggard, Pascagoula, for appellant.

A. F. Summer, Atty. Gen., by G. Garland Lyell, Jr., Asst. Atty. Gen., Jackson, for appellee.

SMITH, Justice.

John Curtis Madere, Jr., was indicted and tried in the Circuit Court of Jackson County upon a charge of receiving stolen property, knowing it to have been stolen, in violation of Mississippi Code 1942 Annotated section 2249 (1956). He was convicted and sentenced to serve a term of five years in the penitentiary. This appeal is from that conviction and sentence.

The evidence for the State of Mississippi tended to establish that Madere was in possession of a boat which recently had been stolen and that he was attempting to sell it. No evidence was offered by the defense. A further discussion of the facts in the case is unnecessary as it must be reversed and remanded for another trial because of the giving of an erroneous instruction to the jury, requested by the prosecution.

The instruction was as follows:

> The Court instructs the jury for the State that under the law of the State of Mississippi if the evidence shows beyond a reasonable doubt that the goods of the value stated, recently stolen, were found in the possession of the defendant and the Defendant shows no satisfactory explanation of such possession, *there arises a presumption or inference of fact that the Defendant received said goods knowing same to have been lately taken, stolen and carried away.*(Emphasis added.)

The above instruction embraces the same erroneous statement of the law contained in instructions condemned by this Court in several former cases, notably Crowell v. State, 195 Miss. 427, 15 So.2d 508 (1943) and Pettus v. State, 200 Miss. 397, 27 So. 2d 536 (1946).

*279The giving of the instruction, for the reasons stated in *Crowell*and *Pettus, supra,*was prejudicial error, requiring that the case be reversed and remanded for another trial.

Reversed and remanded.

ETHRIDGE, C. J., and RODGERS, JONES and BRADY, JJ., concur.
## Adams. Kevin (OSn From: 

### Sent: To: 

### Cc: Subject: Attachments: Adams, Kevin (OSn Monday, November 18, 2013 8:26 AM Bemidji, Airport Manager, Harold Vanleeuwen; Bemidji, City Manager, John Chattin; Bemidji, Mayor, RitaAlbrecht; Chairman, Airport Authority, Marshal Froyd SkyWest, Brad Rawson; Schlemmer, Kevin (OSn RE:Request for Comments re EssentialAir Service at Bemidji. MN BJtOctober_2013_EAS_Bid.pdf Oops. Here's the attachment. 

### From: Adams, Kevin (OST) 

### sent: Monday, November 18, 2013 8:26 AM 

### To: Bemidji, Airport Manager, Harold Vanleeuwen; Bemidji, City Manager, John Chattin; Bemidji, Mayor, Rita Albrecht; Chairman, Airport Authority, Marshal Froyd 

### Cc: SkyWest, Brad Rawson; SChlemmer, Kevin (OST) 

### Subject: Request for Comments re Essential Air Service at Bemidji, MN HiAll, Attached above isacopy of the one timely-filed proposal for Essential Air Service (EAS)at Bemidji, submitted by 

# Akywest, in response to Order 2013-10-2. We are currently reviewing that proposal. The attached proposal Isdirectly from the carrier and.will soon be reflected inthe Docket, which you may accessthrough Regulations.gov at DOT-OST201l-{)134, along with other pertinent information on this proceeding. The next step in the carrier-selection process isfor you to provide uswith your community's comments, acritically important element in our carrier-selection decision, especially the comments of civic officials. Accordingly, Iaskthat everyone get back to us, preferably by email, no later than December 17, 2013. We will docket this email, aswell asany replies. In brief, look at the proposal, and ifyou have any questions, call me, and get backto us bythe deadline, December 17, 2013. Best,



### co Kevin Adams 202-366-1047



## J>

1