alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH C IR . 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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 02-40458 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JOSE PAULA-MARTES, also known as Eulogio Vargas-De Jesus, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. M-01-CR-714-1

-------------------- February 20, 2003 Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges.
PER CURIAM: * Jose Paula-Martes appeals his guilty plea conviction and sentence for being found in the United States afterdeportation/removal in violation of 8 U.S.C. § 1326. PaulaMartes argues that the sentencing provisions in 8 U.S.C. § 1326(b) are unconstitutional on their face and as applied in his case. He contends that the unconstitutional portions of 8 U.S.C. § 1326 should be severed from the statute. He asks usNo. 02-40458 -2- to vacate his conviction and sentence, reform the judgment to reflect a conviction only under 8 U.S.C. § 1326(a), and remand his case for resentencing under that provision.
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. Paula-Martes acknowledges that his argument is foreclosed by Almendarez-Torres , but asserts that the decision has been called into doubt by Apprendi v. New Jersey , 530 U.S. 466, 489-90 (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). Accordingly, the judgment of the district court is AFFIRMED. The Government has moved for a summary affirmance in lieu of filing an appellee’s brief. The Government asks that an appellee’s brief not be required. The motion is GRANTED.
AFFIRMED; MOTION GRANTED.
AFS

- 15

- 1308

- E June 17, 2015

Exemption No. 10918A

Regulatory Docket No. FAA

- 20 13

- 0779

Mr. Edward Dunlap, Manager

L1011 Operations

Orbital Sciences Corporation

P.O. Box 1087

Mojave, CA 93 502

Dear Mr. Dunlap :

This letter is to inform you that we have granted your petition to extend Exemption

No. 10918 . It explains the basis for our decision , describes its effect, and lists the conditions

and limitations.

The Basis for Our Decision

By le tter dated April 14, 2015 , you petitioned the Federal Aviation Administration (FAA) on

behalf of Orbital Science Corporation (OSC) for an extension of Exemption No. 10918 . That

exemption from part 60 of Title 14, Code of Federal Regulations (14 CFR) that allows OSC to

extend the expiration date of its current qualification for an additional 18 months for its

Lockheed L1011 Flight Simulation Training Device (FSTD) Federal Aviation Administration

Identification Number (FAA ID) 0049.

In your petition, you in dicate that there has been no change in the conditions and reasons

relative to public interest and safety that were the basis for granting the original exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition

i n the Federal Register bec ause the requested extension of the exemption would not set a

precedent, and any delay in acting on this petition would be detrimental to OSC

.2

Our Decision

The FAA has determined that the justification for the issuance of Exempti on No. 10918

remains valid with respect to this exemption and is in the public interest. Therefore, under the

authority provided by 49 U.S.C. §§ 106(g), 40113 and 44701, which the FAA Administrator

has delegat ed to me, Orbital Science Corporation is grant ed an extension to E xemption No.

10918, from 14 CFR part 60

, to the extent necessary to allow Orbital to extend the expiration

date of its current qualification for an additional 6 months for its Lockheed L1011 FSTD FAA

ID 0049

.

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 10918 to December 31, 2015,

unless sooner superseded or rescinded.

Sincerely,

/s/

John Barbagallo

Deputy Director, Flight Standards Service
Exhibit 32.1  Certification of Chief Executive Officer and Chief Financial Officer Pursuant to 18 U.S.C. SECTION 1350  In connection with the Annual Report of OBJ Enterprises, Inc. (the “Company”) on Form 10-K for the period ending August 31, 2012 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Paul Watson, Chief Executive Officer and Chief Financial Officer of the Company, certify, to my knowledge that:  (i)   the accompanying Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended (the “Act”); and  (ii)   the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.  OBJ ENTERPRISES, INC.  /s/ Paul Watson Paul Watson President, Chief Executive Officer, Chief Financial Officer, Principal Accounting Officer, Secretary, Treasurer, Director  Date:   December 18, 2012
**Exhibit 23.3**

** **

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We have issued our report dated June 1, 2015 with respect to the consolidated financial statements of NGL Energy Partners LP and subsidiaries. Our report is included in the Amended Annual Report of SemGroup Corporation on Form 10-K/A (Amendment No. 1) for the year ended December 31, 2014. We hereby consent to the incorporation by reference of said report in the Registration Statements of SemGroup Corporation on Form S-3 (File No. 333-185649) and on Forms S-8 (File No. 333-170968 and File No. 333-189905).

 

/s/ GRANT THORNTON LLP

 

Tulsa, Oklahoma

June 1, 2015

 

----
#### Mrs. Elbert H. WILTHERWAX, Individually and on Behalf of her minor son, Jeffery Paul Istre v. BOYS VILLAGE, INC., et al.

No. 60994.

Supreme Court of Louisiana.

Dec. 2, 1977.

In re: U. S. Fidelity and Guaranty Co. and Boys Village, Inc. applying for certiora-*1025ri, or writ of review, to the Court of Appeal, Third Circuit, Parish of Calcasieu.

Writ denied.
[Federal Register Volume 62, Number 27 (Monday, February 10, 1997)]
[Notices]
[Page 5963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3189]


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

DEPARTMENT OF DEFENSE
Department of the Navy


Privacy Act of 1974; System of Records

AGENCY: Department of the Navy, DOD.
ACTION: Delete record systems.

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

SUMMARY: The Department of the Navy proposes to delete systems of 
records notices in its inventory of records systems subject to the 
Privacy Act of 1974 (5 U.S.C. 552a), as amended. The amendment consists 
of changing the system identifier of N01740-2, Family Dependent Care 
Program, last published on October 17, 1996, at 61 FR 54176, to N01740-
1, Family Dependent Care Program.
DATES: The actions will be effective on March 12, 1997, unless comments 
are received that would result in a contrary determination.
ADDRESSES: Send comments to the Department of the Navy, PA/FOIA Policy 
Branch, Chief of Naval Operations (N09B30), 2000 Navy Pentagon, 
Washington, DC 20350-2000.
FOR FURTHER INFORMATION CONTACT: Mrs. Doris Lama at (202) 685-6545 or 
DSN 325-6545.
SUPPLEMENTARY INFORMATION: The amendment consists of changing the 
system identifier of N01740-2, Family Dependent Care Program, last 
published on October 17, 1996, at 61 FR 54176, to N01740-1, Family 
Dependent Care Program.
    The Department of the Navy's record system notices for records 
systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, 
have been published in the Federal Register and are available from the 
address above.
    Dated: February 5, 1997.

L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
DELETION
N11012-1

System name:
    Navy Personnel Billeting System (NPBS) (February 22, 1993, 58 FR 
10815).
    Reason: System was never implemented.
[FR Doc. 97-3189 Filed 2-7-97; 8:45 am]
BILLING CODE 5000-04-F
Exhibit
4.78


 


Summary
of the Rural Partnership Agreement, entered into on July 30, 2021, in connection with Fazenda Chaparral. 


 


Parties:
Imobiliária Cajueiro Ltda., as the owner of the land; Brasilagro Companhia Brasileira de Propriedades Agrícolas, as the
operating company; and Régis Luiz Astolfi as the individual interested in entering a rural partnership with the abovementioned
companies.


 


Purpose:  Granting
of the possession, until August 30, 2021, of a total area equivalent to 1,404 arable hectares of Fazenda Chaparral on behalf of Mr. Régis
Luiz Astolfi for purposes of the exploitation of the land under a rural partnership regime, by means of the sharing, by and among the
parties, of the earnings received from the crops/harvest arising from the aforementioned partnership. Each of Brasilagro Companhia Brasileira
de Propriedades Agrícolas and Régis Luiz Astolfi shall be entitled to 50% of the earnings/losses therefrom.
U.S. flag
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          Https**Este sitio es seguro.**
                
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      Política de privacidad y noticias
[Federal Register Volume 62, Number 231 (Tuesday, December 2, 1997)]
[Notices]
[Page 63718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31487]


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

GENERAL SERVICES ADMINISTRATION

[OMB Control No. 3090-0221]


Proposed Collection; GSA Board of Contract Appeals Rules 
Procedure

AGENCY: GSA Board of Contract Appeals (GSBCA), GSA.

ACTION: Notice of request for public comments regarding reinstatement 
to a previously approved OMB clearance (3090-0221).

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

SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995 
(44 U.S.C. Chapter 35), the Office of Acquisition Policy has submitted 
to the Office of Management and Budget (OMB) a request to review and 
approve a reinstatement of a previously approved information collection 
requirement concerning GSA Board of Contract Appeals Rules Procedure. A 
request for public comments was published at 62 FR 49518, September 22, 
1997. No comments were received.

DATES: Comment Due Date: January 2, 1998.

ADDRESSES: Comments regarding this burden estimate or any other aspect 
of this collection of information, including suggestions for reducing 
this burden, should be submitted to: Edward Springer, GSA Desk Officer, 
Room 3235, NEOB, Washington, DC 20503, and to Marjorie Ashby, General 
Services Administration (MVP), 1800 F Street NW, Washington, DC 20405.

FOR FURTHER INFORMATION CONTACT:
Margaret Pfunder, Deputy Chief Counsel, GSA Board of Contract Appeals, 
(202) 501-0272.

SUPPLEMENTARY INFORMATION:

A. Purpose

    The GSA is requesting the Office of Management and Budget (OMB) to 
reinstate information collection, 3090-0221, concerning the GSA Board 
of Contract Appeals Rules Procedure. The GSBCA requires the information 
collected in order to conduct proceedings in contract appeals and 
petitions, and cost applications. Parties include those persons or 
entities filing appeals, petitions, and cost applications, and 
government agencies.

B. Annual Reporting Burden

    Respondents: 86; annual responses; 86; average hours per response: 
.20; burden hours: 10.2.
    Copy of Proposal: A copy of this proposal may be obtained from the 
GSA Acquisition Policy Division (MVP), Room 4011, GSA Building, 1800 F 
Street NW, Washington, DC 20405, or by telephoning (202) 501-3822, or 
by faxing your request to (202) 501-3341.

    Dated: November 24, 1997.
Ida M. Ustad,
Deputy Associate Administrator, Office of Acquisition Policy.
[FR Doc. 97-31487 Filed 12-1-97; 8:45 am]
BILLING CODE 6820-61-M
EXHIBIT 99.2 - CERTIFICATION PURSUANT TO 18 U.S.C. SECTION
               1350, AS ADOPTED PURSUANT TO SECTION 906
               OF THE SARBANES-OXLEY ACT OF 2002

                           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 Quarterly Report of CPI Corp. (the "Company") on Form
10-Q/A for the period ending April 27, 2002 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Gary W. Douglass,
Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.
Subsection 1350, as adopted pursuant to Subsection 906 of the Sarbanes-Oxley Act
of 2002, that:

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

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

By:  /s/ Gary W. Douglass
     --------------------------
         Gary W. Douglass
         Chief Financial Officer
         May 12, 2003


                                       38
Exhibit 32   Certifications   In connection with the Quarterly Report on Form 10-Q for the quarter ended September 30, 2010 of American General Finance, Inc. (the Company) as filed with the Securities and Exchange Commission on the date hereof (the Report), each of Frederick W. Geissinger, President and Chief Executive Officer of the Company, and Donald R. Breivogel, Jr., Senior Vice President and Chief Financial Officer of the Company, hereby certify, 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, as amended; 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/                                               | Frederick W. Geissinger  | 
|      |                                                   | Frederick W. Geissinger  | 
|      | President and Chief Executive Officer             |                         
|      | /s/                                               | Donald R. Breivogel, Jr. | 
|      |                                                   | Donald R. Breivogel, Jr. | 
|      | Senior Vice President and Chief Financial Officer |                         
|Date: | November 12, 2010                                 |                          |  | 

83
<PAGE>
                                                                               .
                                                                               .
                                                                               .


                                                                      EXHIBIT 21


                              NUEVO ENERGY COMPANY


SUBSIDIARIES OF THE REGISTRANT

<Table>
<Caption>
                        NAME                                 STATE OF INCORPORATION
------------------------------------------------------       -----------------------

<S>                                                          <C>
Rubicon Venture, Inc.                                        Delaware

The Nuevo Congo Company                                      Delaware

The Congo Holding Company                                    Texas

Nuevo Financing I                                            Delaware

Nuevo Ghana, Inc.                                            Delaware

Nuevo International Inc.                                     Delaware

Nuevo Congo Ltd.                                             Cayman Islands

Nuevo International Holdings Ltd.                            Cayman Islands

Nuevo Tunisia Ltd.                                           Cayman Islands

Pacific Interstate Offshore Company                          California

Nuevo Anaguid Ltd.                                           Cayman Islands

Nuevo Alyane Ltd.                                            Cayman Islands

Nuevo Canada Inc.                                            Alberta, Canada

Nuevo Tarfaya Ltd.                                           Cayman Islands

Nuevo Offshore Company                                       Delaware

Nuevo Resources, Inc.                                        Delaware

Nuevo Texas, Inc.                                            Delaware

Nuevo Permian Inc.                                           Delaware

Nuevo Permian Limited Partnership                            Texas
</Table>
[Federal Register Volume 62, Number 231 (Tuesday, December 2, 1997)]
[Notices]
[Page 63698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31691]


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

COMMODITY FUTURES TRADING COMMISSION


Sunshine Act Meeting

AGENCY HOLDING THE MEETING: Commodity Futures Trading Commission.

TIME AND DATE: 11:00 a.m., Friday, December 5, 1997.

PLACE: 1155 21st St., N.W., Washington, D.C., 9th Floor Conference 
Room.

STATUS: Closed.

MATTERS TO BE CONSIDERED: Surveillance Matters.

CONTACT PERSON FOR MORE INFORMATION: Jean A. Webb, 202-418-5100.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 97-31691 Filed 11-28-97; 8:45 am]
BILLING CODE 6351-01-M
[Federal Register Volume 62, Number 27 (Monday, February 10, 1997)]
[Notices]
[Pages 6017-6018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3178]


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


NUCLEAR REGULATORY COMMISSION

Changes in the Operator Licensing Program; Issued

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of issuance.

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

SUMMARY: The Nuclear Regulatory Commission (NRC) has issued Generic 
Letter 95-06, Supplement 1 to (1) inform all licensees of nuclear power 
reactors (except those licensees of permanently shutdown reactors who 
are no longer required to utilize licensed operators) about the results 
of the pilot program described in Generic Letter 95-

[[Page 6018]]

06 and (2) notify addressees of NRC's decision to change the operator 
licensing process so that facility licensees may voluntarily prepare 
the operating tests and prepare, administer, and grade the written 
examinations that the NRC will review, approve, and use to determine 
the competence of operator license applicants at power reactor 
facilities. This generic letter requests that addressees who are 
scheduled for initial operator licensing examinations and are 
interested in voluntarily preparing the examinations as described in 
the generic letter supplement to contact their NRC Regional Office to 
make the necessary arrangements. This generic letter supplement is 
available in the NRC Public Document Room under accession number 
9701310141.

DATES: The generic letter was issued on January 31, 1997.

ADDRESSEES: Not applicable.

FOR FURTHER INFORMATION CONTACT: Stuart Richards at (301) 415-1031.

SUPPLEMENTARY INFORMATION: The actions requested in this generic letter 
are considered voluntary.

    Dated at Rockville, Maryland, this 4th day of February, 1997.

    For the Nuclear Regulatory Commission.
David B. Matthews,
Acting Deputy Director, Division of Reactor Program Management, Office 
of Nuclear Reactor Regulation.
[FR Doc. 97-3178 Filed 2-7-97; 8:45 am]
BILLING CODE 7590-01-P
PCS NITROGEN FERTILIZER LP

30903CLMBN23COL 418 - Fertilizer Dioxin Distributions 1 2 3 4 TRICalculations2008 (%) 0 0 0 0 TRICalculations2007 (%) - New Numbering NR NRNR NR TRICalculations2005 (%) - New Numbering 0 0 0 0 TRICalculations2007 (%) - Old Numbering NR NRNR NR TRICalculations2005 (%) - Old Numbering 0 0 0 0 NR - Surface water discharges of dioxin were not reported.5 6 7 8 9 10 11 12 13

0 0 0 0 0 0 0100 0 NR NR NR NR NRNR NRNRNR 07.9192.09 0 0 0 0 0 0 NR NR NR NR NRNR NRNRNR 0 0 0 0 07.91 092.09 0 Congeners14 15 16 17

0 0 0 0 NR NR NR NR 0 0 0 0 NR NR NR NR 0 0 0 0
<PAGE>   1
                      [LETTER HEAD KPMG PEAT MARWICH LLP]

                                                                   Exhiibit 24.1

                         CONSENT OF INDEPENDENT AUDITORS


The Board of Directors
Health Management Systems, Inc.:


We consent to incorporation by reference in the registration forms S-3 (File
Nos. 33-91518 and 333-06769), forms S-8 (File Nos. 33-65560, 33-76770, 33-76638,
33-95326 and 33-33706) and form S-4 (File No. 333-135313) of Health Management
Systems, Inc. of our report dated November 22, 1996 relating to the
consolidated balance sheets of Health Management Systems, Inc. and subsidiaries
as of October 31, 1995 and 1996, and the related consolidated statements of
operations, shareholders' equity, and cash flows for each of the years in the
three - year period ended October 31, 1996, and related schedule, which report
appears herein.

                                           KPMG Peat Marwick LLP              

New York, New York
January 17, 1997