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that this opinion should not be published and is not precedent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

June 25, 2003

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 02-51137

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

LUIS ANTONIO GODINES-MELENDEZ,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. SA-02-CR-224-ALl-OG

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

Before DeMOSS, DENNIS, and PRADO, Circuit Judges.

PER CURIAM:*

 Luis Antonio Godines-Melendez 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. 

Godines 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

alleged in his indictment. Godines maintains that he pleaded
No. 02-51137

-2-

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. 

Godines 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.
#### James RUTHERFORD, Appellant, v. STATE of Florida, Appellee.

No. 2639.

District Court of Appeal of Florida. Fourth District.

Sept. 12, 1969.

PER CURIAM.

Affirmed.
I 

117TH CONGRESS 

1ST SESSION H. R. 1737 

To designate the Mental Health Residential Rehabilitation Treatment Facility 

Expansion of the Department of Veterans Affairs Alvin C. York Medical 

Center in Murfreesboro, Tennessee, as the ‘‘Sergeant John Toombs Residential Rehabilitation Treatment Facility’’. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 10, 2021 

Mr. DESJARLAIS (for himself, Mrs. HARSHBARGER, Mr. FLEISCHMANN, Mr. 

KUSTOFF, Mr. BURCHETT, Mr. GREEN of Tennessee, Mr. ROSE, Mr. 

COOPER, Mr. COHEN, and Mr. STEUBE) introduced the following bill; 

which was referred to the Committee on Veterans’ Affairs 

A BILL 

To designate the Mental Health Residential Rehabilitation 

Treatment Facility Expansion of the Department of Veterans Affairs Alvin C. York Medical Center in 

Murfreesboro, Tennessee, as the ‘‘Sergeant John Toombs 

Residential Rehabilitation Treatment Facility’’. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. FINDINGS. 

4 Congress finds the following: 

5 (1) Sergeant John Toombs of Murfreesboro, 

6 Tennessee, served in the Tennessee Army National 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 1737 IH

1 Guard as a part of the highly distinguished 230th 

2 Signal Corps. 

3 (2) His six years in the National Guard in4 cluded a deployment to Afghanistan, where Sergeant 

5 Toombs proudly served as a guard and escort for 

6 visiting dignitaries and reporters traveling into high7 ly dangerous, war-ravaged areas in Afghanistan. 

8 (3) As a result of his service in Afghanistan, 

9 Sergeant Toombs developed symptoms of Posttrau10 matic Stress Disorder (PTSD), a disability he con11 tinued to suffer from after leaving the National 

12 Guard in 2014. 

13 (4) After two years of battling PTSD and fail14 ing to receive the necessary treatment, Sergeant 

15 Toombs tragically took his own life in November of 

16 2016. 

17 (5) However, the life of Sergeant Toombs has 

18 impacted other veterans in Tennessee suffering from 

19 PTSD. Since this devastating tragedy, positive 

20 measures have been made to raise awareness and 

21 improve the overall treatment of veterans suffering 

22 from PTSD within the Tennessee Valley Healthcare 

23 System. 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•HR 1737 IH

1 SEC. 2. SERGEANT JOHN TOOMBS RESIDENTIAL REHABILI2 TATION TREATMENT FACILITY. 

3 (a) DESIGNATION.—The Mental Health Residential 

4 Rehabilitation Treatment Facility Expansion of the De5 partment of Veterans Affairs Alvin C. York Medical Cen6 ter in Murfreesboro, Tennessee, shall be known and des7 ignated as the ‘‘Sergeant John Toombs Residential Reha8 bilitation Treatment Facility’’, after the date of the enact9 ment of this Act. 

10 (b) REFERENCES.—Any reference in any law, regula11 tion, map, document, paper, or other record of the United 

12 States to the Alvin C. York Mental Health Residential Re13 habilitation Treatment Facility referred to in subsection 

14 (a) shall be deemed to be a reference to the ‘‘Sergeant 

15 John Toombs Residential Rehabilitation Treatment Facil16 ity’’. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS
|  |  | [if !vml]>[endif]>

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|--|--|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
[Federal Register Volume 62, Number 208 (Tuesday, October 28, 1997)]
[Notices]
[Pages 55845-55846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28521]


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

DEPARTMENT OF THE TREASURY


Submission for OMB Review; Comment Request

October 21, 1997.
    The Department of Treasury has submitted the following public 
information collection requirement(s) to OMB for review and clearance 
under the Paperwork Reduction Act of 1995, Public Law 104-13. Copies of 
the submission(s) may be obtained by calling the Treasury Bureau 
Clearance Officer listed. Comments regarding this information 
collection should be addressed to the OMB reviewer listed and to the 
Treasury Department Clearance Officer, Department of the Treasury, Room 
2110, 1425 New York Avenue, NW., Washington, DC 20220.
    Special Request: In order to conduct the survey described below in 
November 1997 timeframe, the Department of the Treasury is requesting 
that the Office of Management and Budget (OMB) review and approve this 
information collection by November 3, 1997. To obtain a copy of this 
study, please contact the Internal Revenue Service Clearance Officer at 
the address listed below.

Internal Revenue Service (IRS)

    OMB Number: 1545-1432.
    Project Number: M:SP:V 97-026-G.
    Type of Review: Revision.
    Title: 1998 TeleFile Automated Customer Satisfaction Survey.
    Description: The purpose of the survey is to assess the level of 
ease and satisfaction with using the TeleFile program.
    Respondents: Individuals or households.
    Estimated Number of Respondents: 4,675.

[[Page 55846]]

    Estimated Burden Hours Per Response: 1 minute.
    Frequency of Response: Other (one time only).
    Estimated Total Reporting Burden: 156 hours.

    Clearance Officer: Garrick Shear (202) 622-3869, Internal Revenue 
Service, Room 5571, 1111 Constitution Avenue, N.W., Washington, DC 
20224.
    OMB Reviewer: Alexander T. Hunt (202) 395-7860, Office of 
Management and Budget, Room 10226, New Executive Office Building, 
Washington, DC 20503.
Lois K. Holland,
Departmental Reports Management Officer.
[FR Doc. 97-28521 Filed 10-27-97; 8:45 am]
BILLING CODE 4830-01-P
#### Maureen A. DUNDORE, Appellant, v. Charles H. DUNDORE, Appellee.

No. 70-483.

District Court of Appeal of Florida, Fourth District.

Aug. 5, 1970.

PER CURIAM.

Affirmed.
[Federal Register Volume 62, Number 225 (Friday, November 21, 1997)]
[Notices]
[Page 62400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30671]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[STB Finance Docket No. 33504]


Gettysburg Railway Company, Inc.--Lease and Operation Exemption--
Delaware Transportation Group, Inc.

    Gettysburg Railway Company, Inc. (GRCI), a noncarrier, has filed a 
verified notice of exemption under 49 CFR 1150.31 to lease from 
Delaware Transportation Group, Inc. (DTGI), and to operate, 
approximately 23.4 miles of rail line between approximately milepost 
31.2, at Gettysburg, PA, and milepost 7.8, at Mt. Holly Springs, PA.
    The transaction is scheduled to be consummated on or after October 
31, 1997.
    This transaction is related to two simultaneously filed notices of 
exemption in STB Finance Docket No. 33505, John H. Marino--Continuance 
in Control Exemption--Delaware Transportation Group, Inc., Gettysburg 
Railway Company, Inc., and Evansville Terminal Company, Inc., wherein 
John H. Marino will continue in control of GRCI, upon its becoming a 
Class III rail carrier, and STB Finance Docket No. 33503, Delaware 
Transportation Group, Inc.--Acquisition Exemption--Delaware Valley 
Railway Company, Inc., wherein DTGI will acquire the lines to be 
operated by GRCI.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to reopen the proceeding to 
revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. 
The filing of a petition to revoke will not automatically stay the 
transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 33504, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Unit, 1925 K Street, N.W., 
Washington, DC 20423-0001. In addition, a copy of each pleading must be 
served on Robert A. Wimbish, Esq., Rea, Cross & Auchincloss, 1920 N 
Street, N.W., Suite 420, Washington, DC 20035.

    Decided: November 17, 1997.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 97-30671 Filed 11-20-97; 8:45 am]
BILLING CODE 4915-00-P
#### UNITED BONDING INSURANCE COMPANY, an Indiana corporation, Appellant, v. ALLWEATHER, INC., a Florida corporation, and B. E. McCall Construction Company, Inc., Appellees.

No. 69-757.

District Court of Appeal of Florida, Fourth District.

Nov. 18, 1970.

PER CURIAM.

Affirmed.
[Federal Register Volume 62, Number 226 (Monday, November 24, 1997)]
[Notices]
[Page 62666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30771]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Executive Committee of the Aviation Rulemaking Advisory 
Committee; Meeting

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of meeting.

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

SUMMARY: The FAA is issuing this notice to advise the public of a 
meeting of the Executive Committee of the Federal Aviation 
Administration Aviation Rulemaking Advisory Committee.

DATES: The meeting will be held on December 18, 1997, at 10 a.m. 
Arrange for oral presentations by December 8, 1997.

ADDRESSES: The meeting will be held at the General Aviation 
Manufacturers Association, 1400 K Street, NW., Suite 801, Washington, 
DC.

FOR FURTHER INFORMATION CONTACT:
Miss Jean Casciano, Federal Aviation Administration, 800 Independence 
Avenue, SW., Washington, DC 20591, telephone (202) 267-9683; fax (202) 
267-5075; e-mail Jean.C<a href="/cdn-cgi/l/email-protection#3d5c4e5e545c53527d5b5c5c13595249135a524b"><span class="__cf_email__" data-cfemail="c9a8baaaa0a8a7a689afa8a8e7ada6bde7aea6bf">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal 
Advisory Committee Act (Pub. L. 92-463; 5 U.S.C. App. II), notice is 
hereby given of a meeting of the Executive Committee to be held on 
December 18, 1997, at the General Aviation Manufacturers Association, 
1400 K Street, NW., Suite 801, Washington, DC, 10 a.m. the agenda will 
include:

<bullet> A vote on a proposed recommendation on electronic signatures
<bullet> Update on the status of the effort to define a strategy for 
expediting the completion of old ARAC tasks and recommendations
<bullet> Update on the status of the Overflights of the National Parks 
effort
<bullet> Update on the Rulemaking Business Process Reengineering effort
<bullet> Administrative issues

    Attendance is open to the interested public but will be limited to 
the space available. The public must make arrangements by December 8, 
1997, to present oral statements at the meeting. The public may present 
written statements to the executive committee at any time by providing 
25 copies to the Executive Director, or by bringing the copies to him 
at the meeting.
    Sign and oral interpretation can be made available at the meeting, 
as well as an assistive listening device, if requested 10 calendar days 
before the meeting. Arrangements may be made by contacting the person 
listed under the heading FOR FURTHER INFORMATION CONTACT.

    Issued in Washington, DC, on November 18, 1997.
Joseph A. Hawkins,
Executive Director, Aviation Rulemaking Advisory Committee.
[FR Doc. 97-30771 Filed 11-21-97; 8:45 am]
BILLING CODE 4910-03-M


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
EXHIBIT 99.1

                               CERTIFICATION UNDER
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


     To my knowledge, this Report on Form 10-QSB for the quarter ended September
30, 2002 fully complies with the  requirements  of Section 13(a) or 15(d) of the
Securities  Exchange Act of 1934, and the  information  contained in this Report
fairly presents,  in all material respects,  the financial condition and results
of operations of Kentucky National Bancorp, Inc.


                                By: /s/ Lawrence P. Calvert
                                    --------------------------------------------
                                    Name:  Lawrence P. Calvert
                                    Title:  Chief Executive Officer



                                By: /s/ Ronald J. Pence
                                    --------------------------------------------
                                    Name:  Ronald J. Pence
                                    Title: President and Chief Financial Officer

Date:  November 14, 2002
[Federal Register Volume 62, Number 223 (Wednesday, November 19, 1997)]
[Notices]
[Page 61814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30316]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. OA96-50-001]


Union Electric Company; Notice of Filing

November 13, 1997.
    Take notice that on July 9, 1996, Union Electric Company tendered 
for filing its non-rate terms and conditions in the above-referenced 
docket.
    Any person desiring to be heard or to protest said filing should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street, N.E., Washington, D.C. 20426, 
in accordance with Rules 211 and 214 of the Commission's Rules of 
Practice and Procedure (18 CFR 385.211 and 18 CFR 385.214). All such 
motions or protests should be filed on or before November 25, 1997. 
Protests will be considered by the Commission in determining the 
appropriate action to be taken, but will not serve to make protestants 
parties to the proceeding. Any person wishing to become a party must 
file a motion to intervene. Copies of this filing are on file with the 
Commission and are available for public inspection.
Lois D. Cashell,
Secretary.
[FR Doc. 97-30316 Filed 11-18-97; 8:45 am]
BILLING CODE 6717-01-M
Final Listing of Questionnaire Files for Steam Electric Rulemaking Record

Plant ID 06285

Removed 

from Public 

(Non-CBI) 

Docket1

Copyright 

Flag2

File Name Description

06285\06285_ HardcopyLog.doc EPA log of hardcopy documents submitted

x 06285\06285_Checklist_110510_version34.xls EPA Technical Review Checklist Workbook

06285\06285_Completeness_Checklist.xls EPA Completeness Review Checklist

x 06285\06285_Part A.xls Plant submitted survey file

x 06285\06285_Part E.xls Plant submitted survey file

x 06285\06285_Part H.xls Plant submitted survey file

06285\Certification Statement Plant ID_06285.pdf Plant certification statement

x 06285\Supporting Documents\06285_Morgan City Plant Aerial Map.pdf Plant submitted supplemental files to the survey

x 06285\Supporting Documents\06285_Morgan City Plant Site Plan.pdf Plant submitted supplemental files to the survey

1

 Final reviewed survey responses are located in the Steam Electric Technical Questionnaire Database . 

2

 Copyright documents are available from the docket.
# Daily Open Source Infrastructure Report

December 17, 2020

Critical Infrastructure Security and Resilience

Effective January 18, 2017, the Office of Infrastructure Protection (IP) is discontinuing the *DHS Daily Open Source Infrastructure Report*. The discontinuation of this report is part of broader efforts to more efficiently focus resources towards the highest priority needs of the critical infrastructure security and resilience community. IP is committed to working closely with our public and private sector partners in identifying innovative approaches to exchanging information in a timely and actionable manner to further support risk mitigation activities. We invite all recipients of this report to stay connected to the critical infrastructure community through the Homeland Security Information Network (HSIN), which serves as the primary system for private sector owners and operators, DHS, and other Federal, state, and local government agencies to collaborate on efforts to protect the nation’s critical infrastructure. We also encourage you to continue to regularly leverage other existing mechanisms to receive information including DHS.gov, the National Infrastructure Coordinating Center (NICC), and the Information Sharing and Analysis Centers.

If you have any questions or concerns about this matter, contact the NICC at 202-282-9201 or NICC@hq.dhs.gov.

## Department of Homeland Security Disclaimer

The DHS Daily Open Source Infrastructure Report is a non-commercial publication intended to educate and inform personnel engaged in infrastructure protection. Further reproduction or redistribution is subject to original copyright restrictions. The Department of Homeland Security provides no warranty of ownership of the copyright, or accuracy with respect to the original source material.

## Archived DHS Daily Open Source Infrastructure Reports

##       Resource Materials    

### Tags

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Jul 29, 2024

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Jun 26, 2024

### Emergency Services Sector Risk Management Agency
#### In re Petition of Mabel WERDER.

No. 71-344.

District Court of Appeal of Florida, Fourth District.

July 20, 1971.

Thomas H. Lehrer, of Andrews, Singer & Lubbers, Fort Lauderdale, for appellant Linda Karlecke.

Robert J. O’Toole, Fort Lauderdale, for appellee Mabel Werder.

PER CURIAM.

This is an interlocutory appeal from an order of the trial court which denied a “Motion For Judgment On the Pleadings”. Following the entry of a final judgment of adoption, the appellant who is the natural mother of the adopted child filed a motion pursuant to Rule 1.540(b), RCP, 31 F.S.A., to set aside the judgment of adoption. The appellant attempted to raise and dispose of the issues presented by the motion to vacate by a motion for judgment on the pleadings. The trial court denied the motion. We affirm because in our opinion a motion for judgment on the pleadings authorized by Rule 1.140(c), RCP, 30 F.S.A., is not a proper means by which to dispose of the issues raised by the motion to vacate. Our affirmance, however, should not be taken as passing on the merits of the petition to vacate.

Affirmed.

REED, C. J., and OWEN and MAGER, JJ., concur.