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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR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. 07-40160 Summary Calendar

UNITED STATES OF AMERICA Plaintiff-Appellee

v. GUSTAVO CASTILLO-MEDINA Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 1:06-CR-1007-1
Before WIENER, GARZA, and BENAVIDES, Circuit Judges. PER CURIAM: * Gustavo Castillo-Medina appeals his conviction and sentence for illegal reentry following deportation in violation of 8 U.S.C. §§ 1326(a) and (b). Castillo-Medina argues that the district court erred in applying a 16-level enhancement pursuant to U.S.S.G. § 2L1.2(b)(1)(A)(ii), based on the determination that his 1992 T exas conviction for burglary of a habitation constitutes a crime of violence. Because Castillo-Medina did not object to the United States Court of Appeals

Fifth Circuit 

### F I L E D October 18, 2007 Charles R. Fulbruge III ClerkNo. 07-40160

2 imposition of the enhancement in the district court, review is for plain error. See United States v. Garza-Lopez, 410 F.3d 268, 272 (5th Cir. 2005). Castillo-Medina recognizes that this court has previously held that an offense committed under T E X
. P ENAL CODE § 30.02(a)(1), the statute of his conviction, is a crime of violence for purposes of § 2L1.2, but argues that the Supreme Court’s recent decision in J ames v. United States, 127 S. Ct. 1586, 1599-1600 (2007), overrules this circuit’s precedent. His argument is unpersuasive. In United Statesv. Gomez-Guerra, 485 F.3d 301, 304 & n.3 (5th Cir. 2007), this court noted that the analysis in James expressly does not concern
enumerated offenses and pertains only to a residual provision in 18 U.S.C. § 924(2)(B)(ii), which § 2L1.2 does not contain. Consequently, J ames is not dispositive of this case. Moreover, because this court has repeatedly held that an offense under § 30.02(a)(1) constitutes a crime of violence for purposes of § 2L1.2, the district court did not plainly err in applying the enhancement under § 2L1.2(b)(1)(A)(ii). See Gomez-Guerra, 485 F.3d at 304; U nited States v. Garcia-Mendez, 420 F.3d 454, 456-57 (5th Cir. 2005); see also United States v. Murillo-Lopez, 444 F.3d 337, 339, 344 (5th Cir. 2006). In light of Apprendi v. New Jersey, 530 U.S. 466 (2000), Castillo-Medina challenges the constitutionality of § 1326(b)’s treatment of prior felony and aggravated felony convictions as sentencing factors rather than elements ofthe offense that must be found by a jury. This court has held that this issue is “fully foreclosed from further debate.” U nited States v. Pineda-Arrellano, 492 F.3d 624, 625 (5th Cir. 2007), petition for cert. filed ( Aug. 28, 2007) (No. 07-6202). Accordingly, the judgment of the district court is AFFIRMED.
# AS

# Working
FILED IN 12th COURT OF APPEALS TYLER, TEXAS 10/28/2015 12:16:44 PM PAM ESTES Clerk
<PAGE>





                                                                    EXHIBIT 24.6

                                POWER OF ATTORNEY

        KNOW ALL PERSONS BY THESE PRESENTS: That the undersigned hereby
constitutes and appoints Stig Johansson, Joachim W. Bauer, Kees van Ophem, Neil
E. Craven, Eugene A. Rizzo and Terje Nordahl and each of them (with full power
to act alone) the undersigned's true and lawful attorney-in-fact and agent, with
full power of substitution and resubstitution, for and in the name and on behalf
of the undersigned, to execute any and all instruments and documents, and to do
any and all other acts and things, that any such attorney-in-fact and agent may
deem necessary or advisable, in compliance with the Securities Act of 1933, as
amended (the "Securities Act"), the Securities Exchange Act of 1934, as amended
and any rules, regulations and requirements of the Securities and Exchange
Commission (the "Commission") in respect thereof, in connection with the
registration under the Securities Act of shares of capital of Carrier 1
International S.A. (the "Shares") pursuant to a registration statement (the
"Registration Statement") to be filed with the Commission relating to the
offering from time to time to the public by beneficial holders of Dollar
Warrants and Euro Warrants of Carrier 1 International S.A. and by any other
person named in such Registration Statement of Shares (and any depositary
receipts in respect thereof); including specifically, but without limiting the
generality of the foregoing, the power and authority to execute, for and in the
name and on behalf of the undersigned in any and all capacities, the
Registration Statement, and any and all supplements and amendments (including,
without limitation, any pre-effective and post-effective amendments and any
subsequent registration statements pursuant to Rule 462(b) under the Securities
Act) to such Registration Statement, and any and all other instruments or
documents filed as a part of, or in connection with, such Registration Statement
and supplements and amendments thereto (including, without limitation, if
necessary, a registration statement under the Securities Act of depositary
shares represented by American depositary receipts to be filed on Form F-6); and
the undersigned hereby ratifies and confirms all that such attorneys-in-fact and
agents, or any of them, shall do or cause to be done by virtue hereof.

Signed this 2nd day of August, 2000.

                                              /s/ Thomas J. Wynne
                                              ---------------------------
                                              Name: Thomas J. Wynne
<TABLE> <S> <C>

<PAGE>
<ARTICLE> BD
<CIK> 0000890015
<NAME> ML SECTOR STRATEGY FUND V LP

<S>                             <C>                     <C>
<PERIOD-TYPE>                   6-MOS                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000             DEC-31-1999
<PERIOD-START>                             JAN-01-2000             JAN-01-1999
<PERIOD-END>                               JUN-30-2000             JUN-30-1999
<CASH>                                               0                       0
<RECEIVABLES>                                6,783,231               9,127,345
<SECURITIES-RESALE>                                  0                       0
<SECURITIES-BORROWED>                                0                       0
<INSTRUMENTS-OWNED>                                  0                       0
<PP&E>                                               0                       0
<TOTAL-ASSETS>                               6,783,231               9,127,345
<SHORT-TERM>                                         0                       0
<PAYABLES>                                      70,433                  88,920
<REPOS-SOLD>                                         0                       0
<SECURITIES-LOANED>                                  0                       0
<INSTRUMENTS-SOLD>                                   0                       0
<LONG-TERM>                                          0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                             0                       0
<OTHER-SE>                                   6,712,798               9,038,425
<TOTAL-LIABILITY-AND-EQUITY>                 6,783,231               9,127,345
<TRADING-REVENUE>                                    0                       0
<INTEREST-DIVIDENDS>                                 0                       0
<COMMISSIONS>                                        0                       0
<INVESTMENT-BANKING-REVENUES>                (132,153)                  10,329
<FEE-REVENUE>                                        0                       0
<INTEREST-EXPENSE>                                   0                       0
<COMPENSATION>                                       0                       0
<INCOME-PRETAX>                              (132,153)                  10,329
<INCOME-PRE-EXTRAORDINARY>                   (132,153)                  10,329
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                 (132,153)                  10,329
<EPS-BASIC>                                     (2.40)                    0.15
<EPS-DILUTED>                                   (2.40)                    0.15


</TABLE>
**Exhibit 31.2**

 

**CERTIFICATION OF CHIEF FINANCIAL OFFICER**

 

I, Erik L Johnson, certify that:

 

1.               I have reviewed this quarterly report on Form10-Q of North American Scientific, Inc.;

 

2.               Basedon my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

 

3.               Based on my knowledge, the financialstatements, and other financial information included in this report, fairlypresent in all material respects the financial condition, results of operationsand cash flows of the registrant as of, and for, the periods presented in thisreport;

 

4.               The registrant’s other certifying officer andI are responsible for establishing and maintaining disclosure controls andprocedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for theregistrant and have:

 

a)              Designed such disclosure controls andprocedures, or caused such disclosure control procedures to be designed underour supervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which thisreport is being prepared;

 

b)             Evaluated the effectiveness of theregistrant’s disclosure controls and procedures and presented in this reportour conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on suchevaluation; and

 

c)              Disclosed in this report any changes in theregistrant’s internal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarterin the case of an annual report) that has materially affected, or is reasonablylikely to materially affect, the registrant’s internal control over financialreporting; and

 

5.               The registrant’s other certifying officer andI have disclosed, based on our most recent evaluation of internal control overfinancial reporting, to the registrant’s auditors and the audit committee ofregistrant’s board of directors (or persons performing the equivalent functions):

 

a)              All significant deficiencies and materialweaknesses in the design or operation of internal controls over financialreporting which are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financial information; and

 

b)             Any fraud, whether or not material, thatinvolves management or other employees who have a significant role in theregistrant’s internal control over financial reporting.

 
| Date: March 9, 2004              |
|----------------------------------|
|                             |
| /s/ Erik L. Johnson              |   |
| Erik L. Johnson                  |
| Interim Chief Financial  Officer |

 

----
H. R. 3356

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

To designate the United States courthouse under construction at 611 Broad Street,

in Lake Charles, Louisiana, as the ‘‘Edwin Ford Hunter, Jr., United States Courthouse’’.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. DESIGNATION.

The United States courthouse under construction at 611 Broad

Street, in Lake Charles, Louisiana, shall be known and designated

as the ‘‘Edwin Ford Hunter, Jr., United States Courthouse’’.

SEC. 2. REFERENCES.

Any reference in a law, map, regulation, document, paper,

or other record of the United States to the courthouse referred

to in section 1 shall be deemed to be a reference to the ‘‘Edwin

Ford Hunter, Jr., United States Courthouse’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.
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 on Form 10-Q of Firsthand Technology Value Fund, Inc. (the “Company”) for the quarter ended March 31, 2012, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), Kevin Landis, as Chief Executive Officer and Chief Financial Officer of the Company, hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to the best of his 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.
  Date: May 15, 2012
 
 /s/ Kevin LandisKevin LandisChief Executive Officer and Chief Financial Officer
257 La. 983

#### Celeste HILL v. LUND IN & ASSOCIATES, INC., et al.

No. 51220.

Supreme Court of Louisiana.

March 10, 1971.

In re: Lundin & Associates, Inc., applying for certiorari, or writ of review, to the Court of Appeal, First Circuit, Parish of East Baton Rouge. 243 So.2d 121.

It is ordered that the writ of review issue; that the Court of Appeal send up the record in duplicate of the case; and that counsel for plaintiff and defendant be notified.
#### Billy FORD, Appellant, v. The STATE of Florida, Appellee.

No. 71-290.

District Court of Appeal of Florida, Third District.

Nov. 16, 1971.

Billy Ford, in pro. per.

Robert L. Shevin, Atty. Gen., for appel-lee.

Before SWANN, C. J., and PEARSON and CHARLES CARROLL, JJ.

PER CURIAM.

This court, proceeding in the manner outlined and recommended by the Supreme Court of the United States in Anders v. California, 386 U.S. 738, 744, 87 S.Ct. 1396, 18 L.Ed.2d 493, having deferred ruling on a motion of the public defender to withdraw as counsel for the indigent defendant-appellant, and having furnished appellant with a copy of the public defender’s memorandum brief, and having allowed the appellant a reasonable specified time within which to raise any points that he chose in support of his appeal, and the appellant *379having filed his response thereto, on consideration thereof upon full examination of the proceedings we conclude that the appeal is wholly frivolous. Whereupon, the public defender’s said motion to withdraw is granted, and the judgment appealed is hereby affirmed.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 96-7691
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus KENNETH HAWKINS, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Anderson. G. Ross Anderson, Jr., District Judge. (CR-94-32, CA-96-2098-8-13) Submitted: October 7, 1997 Decided: October 28, 1997 Before ERVIN and MICHAEL, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Kenneth Hawkins, Appellant Pro Se. Elizabeth Jean Howard, OFFICE OF THE UNITED STATES ATTORNEY, Greenville, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant seeks to appeal the district court's order denying his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1997). We have reviewed the record and the district court's opinion andfind no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. United States v. Hawkins , Nos. CR-94-32; CA-96-2098-8-13 (D.S.C. Aug. 14, 1996). We dispense with oral argument because thefacts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
### 38788 

# Corrections

This section of the FEDERAL REGISTER contains editorial corrections of previously published Presidential, .Rule, Proposed Rule, and Notice documents. These corrections are prepared by the Office of the Federal Register. Agency prepared corrections are issued as signed documents and appear in the appropriate document categones elsewhere in the issue.



### DEPARTMENT OF ENERGY Office of Conservation and Renewable Energy 10 CFR Part 430 [Docket No. CAS-RM-80-118] 

### Energy Conservation Program for Consumer Products;Test Procedures for Refrigerators, Refrigerator· Freezers and Freezers 

### Correction

In rule document89-20537 beginning onpage 36238 in theissue ofThursday, August31, 1989, make the following correction:

Onpage 36238. inthe first column, the EFFECTIVE DATE shouldread "February 27, 1990".

BILLING CODE 1505-01-0 Federal Register Vol. 54, No. 181 Wednesday, September 20, 1989
<PAGE>

                                                                    [LOGO]

                                                                    EXHIBIT 23.2


                   CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

As independent public accountants, we hereby consent to the incorporation by
reference in this registration statement of our report dated March 2, 2000
incorporated by reference in Inverness Medical Technology's Form 10-K for the
year ended December 31, 1999 and to all references to our Firm included in this
registration statement.



                                                       /s/ Arthur Andersen LLP
                                                       Arthur Andersen LLP


Boston, Massachusetts
August 17, 2000
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports.

Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum

opinions. Please also note that this electronic memorandum opinion may contain

computer-generated errors or other deviations from the official paper version filed by the Court of

Appeals and does not include the filing date. 

1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

2 STATE OF NEW MEXICO,

3 Plaintiff-Appellee,

4 v. No. 32,896

5 JOHN PAUL MARTINEZ,

6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY

8 Denise Barela-Shepherd, District Judge

9 Gary K. King, Attorney General

10 Margaret McLean, Assistant Attorney General

11 Santa Fe, NM

12 for Appellee

13 Rothstein, Donatelli, Hughes, 

14 Dahlstrom, Schoenburg & Bienvenu, LLP

15 Morgan Honeycutt

16 Evan P. Woodward

17 Santa Fe, NM

18 for Appellant

19 MEMORANDUM OPINION
2

1 BUSTAMANTE, Judge.

2 {1} Summary affirmance was proposed for the reasons stated in the notice of

3 proposed disposition. No memorandum opposing summary affirmance has been filed,

4 and the time for doing so has expired. 

5 {2} Affirmed.

6 {3} IT IS SO ORDERED.

7 

8 _______________________________________

9 MICHAEL D. BUSTAMANTE, Judge

10 WE CONCUR:

11 

12 TIMOTHY L. GARCIA, Judge

13 

14 J. MILES HANISEE, Judge
Exhibit 32.1
 CERTIFICATION OF
 CHIEF EXECUTIVE OFFICER AND
 CHIEF FINANCIAL OFFICER
 PURSUANT TO 18 U.S.C. SECTION 1350
  In connection with the accompanying Quarterly Report on Form 10-Q of Europa Acquisition IV, Inc. for the quarter ending September 30 2010, I, Peter Reichard, CEO and CFOof Europa Acquisition IV, Inc. hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that:
  1. Such quarterly Report on Form 10-Q for the quarter ending September 30, 2010, 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 such quarterly Report on Form 10-Q for the quarter ended September 30 2010, fairly represents in all material respects, the financial condition and results of operations of Europa Acquisition IV, Inc.
   Date:  November 4, 2010
By:
/s/ Peter ReichardPeter ReichardPresident and Director
<PAGE>


                                  EXHIBIT 23.2

                                   CONSENT OF

                   CLUMECK, STERN, PHILLIPS & SCHENKELBERG TO

             ISSUANCE OF SHARES OF SECURITIES PURSUANT TO THE ABOVE

                              CONSULTING AGREEMENT



<PAGE>



                                   CONSENT OF
                     CLUMECK, STERN, PHILLIPS & SCHENKELBERG

         We hereby consent to the incorporation by reference in this
Registration Statement on Form S-8 (Registration No. 333-53757) and in the
related Prospectus, of our report dated March 10, 2000 with notes dated April
11, 2000, relating to the financial statements of McHenry Metals Golf Corp.,
included in the Annual Report on Form 10-KSB for the years ended December 31,
1999. We also consent to the reference to our Firm under the caption "Experts"
in such Prospectus.


/s/  Clumeck, Stern, Phillips & Schenkelberg
--------------------------------------------
CLUMECK, STERN, PHILLIPS & SCHENKELBERG
Certified Public Accountants
Encino, California
Date:  August 10, 2000
I

103D CONGRESS

1ST SESSION H. R. 3499

To amend the Defense Department Overseas Teachers Pay and Personnel

Practices Act.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 10, 1993

Mr. MCCLOSKEY introduced the following bill; which was referred jointly to

the Committees on Post Office and Civil Service and Education and Labor

A BILL

To amend the Defense Department Overseas Teachers Pay

and Personnel Practices Act.

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

3 SECTION 1. COMPENSATION; LEAVE TRANSFERS.

4 (a) COMPENSATION.—The Defense Department

5 Overseas Teachers Pay and Personnel Practices Act (20

6 U.S.C. 901 and following) is amended—

7 (1) in sections 4(a)(2) and 5(c) by striking

8 ‘‘urban’’; and

9 (2) in section 6 by adding at the end the follow10 ing:
2

•HR 3499 IH

1 ‘‘(h) The Director of Dependents’ Education, in con2 sultation with the Director of the Office of Personnel Man3 agement, shall establish for teachers—

4 ‘‘(1) a voluntary leave transfer program similar

5 to the one under subchapter III of chapter 63 of

6 title 5, United States Code; and

7 ‘‘(2) a voluntary leave bank program similar to

8 the one under subchapter IV of chapter 63 of title

9 5, United States Code.’’.

10 SEC. 2. RECERTIFICATION.

11 Paragraph (5) of section 1413 of the Defense De12 pendents’ Education Act of 1978 (20 U.S.C. 931(5)) is

13 amended to read as follows:

14 ‘‘(5) provide for a recertification program for

15 professional personnel employed in the system to ob16 tain not more than 6 semester–hours of graduate or

17 undergraduate coursework in any discipline or sub18 ject area taught by schools of the defense depend19 ents’ education system, and’’.

Æ