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that this opinion should not be published and is not precedent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. 02-40221

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

CRUZ RAMOS,

Defendant-Appellant.

Appeal from the United States District Court

for the Southern District of Texas

(L-01-CR-838-ALL)

December 3, 2002

Before BARKSDALE, DEMOSS, and BENAVIDES, Circuit Judges.

PER CURIAM: *

Cruz Ramos appeals his guilty-plea conviction for transporting

undocumented aliens within the United States in violation of 8

U.S.C. § 1324 & 18 U.S.C. § 2. Ramos contends: the factual basis

was insufficient to support his guilty plea; and the district court

misadvised him regarding the nature of his plea because the

indictment alleged only that the aliens “entered” the United States

and that he furthered such violation. Ramos asserts that the2

factual basis did not support that he assisted the aliens’ entry

into the United States because their entry had already been

completed at the time he transported them.

F ED

. R. C R IM

. P. 11(f) requires the district court to ensure

there is a factual basis for the plea by comparing “(1) the conduct

to which the defendant admits with (2) the elements of the offense

charged in the indictment or information” to ensure that the

defendant’s conduct falls within the charge. U nited States v.

Marek , 238 F.3d 310, 315 (5th Cir.) (en banc) (citation omitted),

cert. denied

, 122 S. Ct. 37 (2001). Rule 11(c) requires the

district court to advise the defendant of, and to determine that he

understands, among other things, “the nature of the charge to which

the plea is offered[.]” See F ED . R. C RIM . P. 11(c)(1). Ramos did

not object to any claimed Rule 11 error. Therefore, his challenges

are reviewed only for plain error. S ee United States v. Vonn

, 122

S. Ct. 1043, 1046 (2002)

.

Current law does not support Ramos’ reading of the meaning of

the term entry and/or entered as it is used in § 1324(a)(1)(A)(ii).

Therefore, the district court did not commit plain error. S ee

United States v. Calverley

, 37 F.3d 160, 162 (5th Cir.), cert.

denied , 513 U.S. 1196 (1995)(en banc); United States v. Hull , 160

F.3d 265, 272 (5th Cir.), cert. denied, 526 U.S. 1136 (1998).

AFFIRMED

.
Exhibit 32.1




SECTION 906 CERTIFICATION*


(Certification of Chief Executive Officer and Chief Financial Officer)




Pursuant to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officers of QSGI INC., hereby certify, to such officers’ knowledge, that:






(1) the accompanying Quarterly Report on Form 10-Q of QSGI INC. (the “Company”) for the period ended September 30, 2009 (the “Report”) fully complies with the with the requirements of Section 13(a) or Section 15(d), as applicable, 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.




Date: October 28, 2011

/s/ Marc ShermanMarc Sherman

Chairman of the Board and Chief Executive Officer





__________________


* The foregoing certification is being furnished solely to accompany the Report pursuant to 18 U.S.C. § 1350, and is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not to be incorporated by reference into any filing of the Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing.





A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 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.
#### Joseph Kenneth CORMIER, Appellant, v. STATE of Florida, Appellee.

No. S-70.

District Court of Appeal of Florida, First District.

Oct. 25, 1973.

H. Randolph Fallin, of Millar, Fallin & Lally, Jacksonville, for appellant.

Robert L. Shevin, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., for ap-pellee.

PER CURIAM.

This cause having been orally argued before the Court, the briefs and record on appeal having been read and given full consideration, and the appellant having failed to demonstrate reversible error, the judgment of the lower court appealed from herein is affirmed.

RAWLS, C. J., DREW, Associate Judge, and WIGGINTON, J., concur.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> UT
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET AND STATEMENT OF INCOME FROM DPL's 2nd QUARTER 2000
10-Q.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
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<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                    1,717,279
<OTHER-PROPERTY-AND-INVEST>                     74,226
<TOTAL-CURRENT-ASSETS>                         485,025
<TOTAL-DEFERRED-CHARGES>                       293,310
<OTHER-ASSETS>                                 171,787
<TOTAL-ASSETS>                               2,741,627
<COMMON>                                             2
<CAPITAL-SURPLUS-PAID-IN>                      528,893
<RETAINED-EARNINGS>                            203,780
<TOTAL-COMMON-STOCKHOLDERS-EQ>                 733,886
<PREFERRED-MANDATORY>                           70,000
<PREFERRED>                                     89,703
<LONG-TERM-DEBT-NET>                           913,536
<SHORT-TERM-NOTES>                               8,295
<LONG-TERM-NOTES-PAYABLE>                            0
<COMMERCIAL-PAPER-OBLIGATIONS>                       0
<LONG-TERM-DEBT-CURRENT-PORT>                    1,753
<PREFERRED-STOCK-CURRENT>                            0
<CAPITAL-LEASE-OBLIGATIONS>                      9,263
<LEASES-CURRENT>                                12,502
<OTHER-ITEMS-CAPITAL-AND-LIAB>                 902,689
<TOT-CAPITALIZATION-AND-LIAB>                2,741,627
<GROSS-OPERATING-REVENUE>                    1,342,063
<INCOME-TAX-EXPENSE>                            44,394
<OTHER-OPERATING-EXPENSES>                   1,187,076
<TOTAL-OPERATING-EXPENSES>                   1,231,470
<OPERATING-INCOME-LOSS>                        110,593
<OTHER-INCOME-NET>                               2,831
<INCOME-BEFORE-INTEREST-EXPEN>                 113,424
<TOTAL-INTEREST-EXPENSE>                        40,919
<NET-INCOME>                                    72,505
<PREFERRED-STOCK-DIVIDENDS>                      2,439
<EARNINGS-AVAILABLE-FOR-COMM>                   70,066
<COMMON-STOCK-DIVIDENDS>                        12,363
<TOTAL-INTEREST-ON-BONDS>                            0
<CASH-FLOW-OPERATIONS>                          62,962
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
No. 72-1326.

#### Buford et al. *v.*Southeast Dubois County School Corp.

C. A. 7th Cir. Certiorari denied.
#### Fred Howard SEYMOUR, etc., Petitioner, v. The STATE of Florida, Respondent.

No. 41101.

Supreme Court of Florida.

June 28, 1971.

Rehearing Denied Aug. 4, 1971.

Certiorari denied. 246 So.2d 155.

ROBERTS, C. J., and ADKINS, BOYD, McCAIN and DEKLE, JJ., concur.
#### James DUNN, Petitioner, v. STATE of Florida, Respondent.

No. 43192.

Supreme Court of Florida.

Feb. 23, 1973.

Certiorari dismissed. 268 So.2d 440.

CARLTON, C. J., and ROBERTS, ADKINS, BOYD and McCAIN, JJ., concur.

ERVIN and DEKLE, JJ., dissent.
I 

116TH CONGRESS 

2D SESSION H. R. 7455 

To amend title XVIII of the Social Security Act to authorize the Secretary 

of Health and Human Services to make adjustments to payment rates 

for skilled nursing facilities under the Medicare program to account 

for certain unique circumstances. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 1, 2020 

Ms. GABBARD (for herself, Mr. YOUNG, and Mr. CASE) introduced the following bill; which was referred to the Committee on Ways and Means, 

and in addition to the Committee on Education and Labor, for a period 

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To amend title XVIII of the Social Security Act to authorize 

the Secretary of Health and Human Services to make 

adjustments to payment rates for skilled nursing facilities under the Medicare program to account for certain 

unique circumstances. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Equitable Payments 

5 for Nursing Facilities Act of 2020’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 7455 IH

1 SEC. 2. AUTHORIZING THE SECRETARY OF HEALTH AND 

2 HUMAN SERVICES TO MAKE ADJUSTMENTS 

3 TO PAYMENT RATES FOR SKILLED NURSING 

4 FACILITIES UNDER THE MEDICARE PRO5 GRAM TO ACCOUNT FOR CERTAIN UNIQUE 

6 CIRCUMSTANCES. 

7 Section 1888(e)(4)(G) of the Social Security Act (42 

8 U.S.C. 1395yy(e)(4)(G)) is amended by adding at the end 

9 the following new clause: 

10 ‘‘(iv) ADJUSTMENT FOR UNIQUE CIR11 CUMSTANCES.—The Secretary may provide 

12 for such adjustments as determined appro13 priate by the Secretary to take into ac14 count the unique circumstances of skilled 

15 nursing facilities located in Alaska or Ha16 waii.’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  THE
CONSOLIDATED BALANCE SHEET AND CONSOLIDATED  STATEMENTS OF INCOME FOUND ON PAGES
F-3 AND F-4 OF THE COMPANY'S FORM 10KSB FOR THE YEAR ENDED DECEMBER 31, 2000
</LEGEND>
<CIK>                         0000864921
<NAME>                        JUNIPER GROUP, INC.
<MULTIPLIER>                                   1
<CURRENCY>                                     USD

<S>                             <C>
<PERIOD-TYPE>                   12-mos
<FISCAL-YEAR-END>                              Dec-31-2000
<PERIOD-START>                                 Jan-01-2000
<PERIOD-END>                                   Dec-31-2000
<EXCHANGE-RATE>                                1
<CASH>                                         949
<SECURITIES>                                   0
<RECEIVABLES>                                  229,962
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               552,052
<PP&E>                                         282,517
<DEPRECIATION>                                 146,187
<TOTAL-ASSETS>                                 3,968,258
<CURRENT-LIABILITIES>                          1,149,662
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    3,482
<COMMON>                                       1,387
<OTHER-SE>                                     2,701,541
<TOTAL-LIABILITY-AND-EQUITY>                   3,968,258
<SALES>                                        727,337
<TOTAL-REVENUES>                               727,337
<CGS>                                          0
<TOTAL-COSTS>                                  2,447,216
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                (1,719,879)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (1,719,879)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (1,719,879)
<EPS-BASIC>                                    (2.00)
<EPS-DILUTED>                                  (2.00)



</TABLE>
EX-10.1



 Exhibit 10.1 

ICG 2014 Performance Plan 
 The
Board of Directors of ICG Group, Inc. (together with its wholly-owned subsidiaries, “ICG”) hereby establishes this 2014 Performance Plan (this “Plan”). The purposes of this Plan are to (1) advance the interests of ICG’s
stockholders by providing certain officers and other employees with bonus payments and/or vesting of performance shares upon the achievement of specified corporate and individual goals and (2) help ICG attract and retain key employees. 

The Compensation Committee of ICG’s Board of Directors (the “Committee”) will administer and interpret this Plan. All decisions and
determinations of the Committee with respect to this Plan will be final and binding on all parties. 
 ICG’s 2014 goals include quantitative and
qualitative goals. The relative weighting of each element of the ICG-specific goals is described below. 
 Eighty-five percent (85%) of the Plan is
tied to the accomplishment of quantitative goals. The achievement of a specified consolidated GAAP revenue goal for ICG’s existing consolidated companies (GovDelivery, MSDSonline and Bolt) accounts for forty percent (40%) of the Plan, the
achievement of a specified adjusted non-GAAP net income goal on a consolidated basis accounts for twenty percent (20%) of the Plan and the deployment of capital (either cash or ICG equity) in a manner that the Committee believes is in the best
interests of ICG’s stockholders accounts for twenty-five percent (25%) of the Plan. 
 Fifteen percent (15%) of the Plan is tied to execution
against the following qualitative goals: (1) execution of strategic initiatives, (2) brand enhancement and (3) reaction to unforeseen market/business conditions. 

Following the end of the 2014 fiscal year, the Committee will evaluate ICG’s 2014 performance and determine the extent (expressed as a percentage) to
which the corporate and individual goals, as applicable, were achieved (such percentage, the “Achievement Percentage”). The Committee will then award bonuses and/or provide for the vesting of performance shares in accordance with each
individual’s Achievement Percentage under the terms of this Plan.
#### STATE of Florida ex rel. Joanne HOPKINS, Relator, v. Honorable Alfonso C. SEPE, Judge of the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida-Criminal Division, Respondent

No. 74-64.

District Court of Appeal of Florida, Third District.

Jan. 11, 1974.

PER CURIAM.

Prohibition dismissed.
##### 



Exhibit 32.1

Hallwood Realty Partners, L.P.

Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

In connection with the filing of the annual report on Form 10-K for the year
ended December 31, 2003 (the Report) by Hallwood Realty Partners, L.P.
(Registrant), each of the undersigned hereby certifies that to their
knowledge:



|1. |  | The Report fully complies with the requirements of Section 13(a) of 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 Registrant.

| |  |                                             
| |  | --------------------------------------------
| |  | /s/ Anthony J. Gumbiner                     
| |  |                                             
| |  | Anthony J. Gumbiner                         
| |  | Chief Executive Officer                     
| |  |                                             
| |  | /s/ Jeffrey D. Gent                         
| |  |                                             
| |  | Jeffrey D. Gent                             
| |  | Vice President - Finance                    
| |  | (Principal Financial and Accounting Officer)

Date: March 9, 2004

A signed original of this written statement required by Section 906 has been
provided to the Partnership and will be retained by the Partnership and
furnished to the Securities and Exchange Commission or its staff upon request.
#### Petrich *v.*The Pennsylvania-Ohio Electric Co.

*Negligence*— General *verdict*— Presumption *that all issues determined*— Error *in presenting one issue.*

(No. 17993

Decided March 4, 1924.)

Error to the Court of Appeals of Mahoning county.

*Mr. John Ruffalo,*for plaintiff in error.

*Messrs. Harrington, DeFord, Huxley & Smith,*for defendant in error.

It is ordered and adjudged by this Court, that the judgment of the said Court of Appeals be, and the same is hereby, affirmed on the authority of *Jones*v. *Erie Rd. Co.,*106 Ohio St., 408, and the other oases cited on page 411 of the opinion in said cause; but it is ordered upon good cause shown that all of the costs of the proceedings in this court be adjudged against the defendant in error.

*Judgment affirmed.*

Marshall, C. J., Robinson, Jones, Matthias, Day and Allen, JJ., concur.
Order entered February 1 , 2017

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 15
- 01571
- CV
JOANN SEMPLE AND CAR OL MATTHEWS, Appellant s V. FRED VINCENT, Appellee On Appeal from t he 68th Judicial District Court

Dallas County, Texas Trial Court Cause No. DC
- 14
- 11180



### O RDER Before the Court is appellants’ January 31, 2017 “motion requesting leave to file response to order granting appellee’s motion for judgment nunc pro tunc and ord er granting summary judgment

. ” Appellants’ motion is GRANTED to the extent we extend the time to file appellants’ reply brief to February 21, 2017. All other relief is DENIED

. We caution appellants that further requests for extension of time will be dis favored.

/s/ CRAIG STODDART JUSTICE
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JAN-30-1999
<PERIOD-START>                             FEB-01-1998
<PERIOD-END>                               AUG-01-1998
<CASH>                                          17,400
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                    414,000
<CURRENT-ASSETS>                               483,700
<PP&E>                                         231,500
<DEPRECIATION>                                  98,400
<TOTAL-ASSETS>                                 662,600
<CURRENT-LIABILITIES>                          223,500
<BONDS>                                        164,400
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,000
<OTHER-SE>                                     231,600
<TOTAL-LIABILITY-AND-EQUITY>                   662,600
<SALES>                                        504,500
<TOTAL-REVENUES>                               504,500
<CGS>                                          274,100
<TOTAL-COSTS>                                  518,100
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               4,300
<INCOME-PRETAX>                               (17,900)
<INCOME-TAX>                                   (7,000)
<INCOME-CONTINUING>                           (10,900)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (10,900)
<EPS-PRIMARY>                                   (0.58)
<EPS-DILUTED>                                   (0.58)
        

</TABLE>
[Federal Register Volume 83, Number 110 (Thursday, June 7, 2018)]
[Notices]
[Pages 26486-26487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12175]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Arthritis and Musculoskeletal and Skin 
Diseases; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended, notice is hereby given of the following meetings.
    The meetings will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Arthritis and Musculoskeletal and Skin 
Diseases Initial Review Group; Arthritis and Musculoskeletal and 
Skin Diseases Special Grants Review Committee.
    Date: June 13-14, 2018.
    Time: 8:00 a.m. to 5:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Embassy Suites, Chevy Chase Pavilion, 4300 Military Rd. 
NW, Washington, DC 20015.
    Contact Person: Helen Lin, Ph.D., Scientific Review Officer, 
NIH/NIAMS/RB, 6701 Democracy Blvd., Suite 800, Plaza One, Bethesda, 
MD 20817, 301-594-4952, <a href="/cdn-cgi/l/email-protection#c7abaea9aff687aaa6aeabe9a9aeafe9a0a8b1"><span class="__cf_email__" data-cfemail="86eaefe8eeb7c6ebe7efeaa8e8efeea8e1e9f0">[email protected]</span></a>.

    Name of Committee: Arthritis and Musculoskeletal and Skin 
Diseases Initial Review Group; Arthritis and Musculoskeletal and 
Skin Diseases Clinical Trials Review Committee.
    Date: June 19, 2018.
    Time: 8:00 a.m. to 5:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Hyatt Regency Bethesda, 1 Bethesda Metro Center, 
Bethesda, MD 20814.
    Contact Person: Nakia C Brown, Ph.D., Scientific Review Officer, 
6701 Democracy Blvd., RM 816, Bethesda, MD 20892, 301-827-4905, 
<a href="/cdn-cgi/l/email-protection#1476667b637a7a75775479757d783a7a7d7c3a737b62"><span class="__cf_email__" data-cfemail="6d0f1f021a03030c0e2d000c040143030405430a021b">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.846, 
Arthritis, Musculoskeletal and Skin Diseases Research, National 
Institutes of Health, HHS)


[[Page 26487]]


    Dated: June 1, 2018.
Sylvia L. Neal,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2018-12175 Filed 6-6-18; 8:45 am]
BILLING CODE 4140-01-P


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#### PACEMAKER CORPORATION, Petitioner, v. Samuel L. BARE, Jr., Respondent.

No. 44715.

Supreme Court of Florida.

Feb. 26, 1974.

ROBERTS, Acting C. J., and ERVIN, ADKINS, McCAIN and DEKLE, JJ., concur.