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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. 03-51114 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus OSCAR ARMANDO HERNANDEZ-ESTRADA, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. DR-03-CR-81-1-AML

-------------------- Before BARKSDALE, DeMOSS, and CLEMENT, Circuit Judges.
PER CURIAM: * Oscar Armando Hernandez-Estrada 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. Hernandez-Estrada 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. Hernandez-Estrada maintains that United States Court of Appeals

Fifth Circuit 

## F I L E D June 23, 2004 Charles R. Fulbruge III ClerkNo. 03-51114 -2- he pleaded 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. Hernandez-Estrada 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.
#### In the Matter of Luther R., Appellant.

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Queens County (De Phillips, J.), dated November 30, 1988, which, upon a fact-finding order of the same court, dated October 24, 1988, made after a hearing, finding that the appellant had committed an act which, if committed by an adult, would have constituted the crimes of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, adjudged him to be a juvenile delinquent and placed him with the New York State Division for Youth, Title II, for a period not to exceed 18 months. The appeal brings up for review the fact-finding order dated October 24, 1988.

*673Ordered that the order of disposition is affirmed, without costs or disbursements.

While conducting surveillance alongside a park from an unmarked car and using "high power” binoculars, a police officer, a member of the Queens Tactical Narcotics Task Force, observed the appellant sitting on a park bench with Gerrard B., whose appeal is decided herewith *(see, Matter of Gerrard B.,*172 AD2d 660 [decided herewith]), and another companion. When an individual, later identified as Connolley, drove up in his car outside the park, the appellant approached him and they engaged in a short conversation. Thereafter, they both walked back to the park bench where the appellant’s two companions were still seated. The officer observed Gerrard B. open the palm of his hand and reveal some vials to Connolley. Connolley handed some money to the third boy, and Gerrard B. then delivered the vials to Connolley. Connolley then returned to his car and drove off. The officer radioed his recovery team, which arrested Connolley and recovered four vials containing what was subsequently determined to be crack cocaine, from his left front pants pocket. Upon receiving word of the arrest from the recovery team, the officer arrested the appellant and his companions.

The appellant contends that there was no probable cause for his arrest. We disagree. The officer’s observations supplied sufficient probable cause to arrest the appellant *(see, Dunaway v New York,*442 US 200, 208; *People v McRay,*51 NY2d 594, 602; *United States v Resto,*824 F2d 210; *United States v Giagoudakis,*693 F Supp 1414, *affd*856 F2d 480).

We have considered the defendant’s remaining contentions and find them to be without merit *(see, People v Petralia,*62 NY2d 47, *cert denied*469 US 852; *People v Julian,*41 NY2d 340; *People v Torres,*150 AD2d 816; *People v Newman,*129 AD2d 742). Lawrence, J. P., Harwood, Balletta and Rosenblatt, JJ., concur.
Exhibit 32.1



CERTIFICATION OF CEO AND CFO PURSUANT TO

18 U.S.C. § 1350,

AS ADOPTED PURSUANT TO

§ 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Form 10-K/A of Security Bank Corporation (the Company) for the year ended December 31, 2003 as filed with the Securities and Exchange
Commission on the date hereof (the Report), H. Averett Walker, Chief Executive Officer of the Company, and James R. McLemore, Chief Financial and Accounting Officer of the Company, each hereby certifies, pursuant to 18 U.S.C. §
1350, as adopted pursuant to § 906 of the Sarbanes-Oxlcy Act of 2002, to the best of his/her knowledge that:



| | (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 operation of the Company.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------



/s/ H. Averett WalkerH. AVERETT WALKERChief Executive OfficerApril 28, 2004/s/ James R. McLemoreJAMES R. McLEMOREChief Financial and Accounting OfficerApril 28, 2004




This certification accompanies
this Report pursuant to § 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of § 18 of Securities Exchange Act of 1934, as
amended.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 May 15, 2015

jam

Order 

Clerk

May 15, 2015

151608 (42)

JOHN CORRION, 

Plaintiff-Appellant, 

v SC: 151608

COA: 324310

THUMB CORRECTIONAL FACILITY WARDEN, 

Defendant-Appellee.

___________________________________

On order of the Chief Justice, the motion to waive fees is considered and it 

is DENIED because MCL 600.2963 requires that a prisoner pursuing a civil action be 

liable for filing fees. 

Within 21 days of the certification of this order, plaintiff shall pay to the 

Clerk of the Court the initial partial filing fee of $1.00, shall submit a copy of this order 

with the payment, and shall refile the copy of the pleadings which is being returned 

with this order. Failure to comply with this order shall result in the appeal not being 

filed in this Court.

If plaintiff timely files the partial fee and refiles the pleadings, monthly 

payments shall be made to the Department of Corrections in an amount of 50 percent of 

the deposits made to plaintiff’s account until the payments equal the balance due of 

$374.00. This amount shall then be remitted to this Court.

Pursuant to MCL 600.2963(8) plaintiff shall not file further appeals in civil 

actions in this Court until the entry fee in this case is paid in full. 

The Clerk of the Court shall furnish two copies of this order to plaintiff and 

return plaintiff’s pleadings with this order.
# Fourth Court of Appeals

San Antonio, Texas

May 3, 2019

No. 04

- 19

- 00076

- CV

Paloma HERNANDEZ, Appellant

v.

Eva MARTINEZ, Appellee

From the County Court at Law No. 3, Bexar County, Texas

Trial Court No. 2018CV08551 Honorable David J. Rodriguez, Judge Presiding



### O R D E R

Appellant’s brief was due April 17, 2019

. Neither the brief nor a motion for extension of

time has been filed.

We therefore ORDER appellant to file, on or before May 13, 2019

, her appellant’s brief and a written response reasonably explaining her failure to timely file the brief. If appellant fails to file a brief and the written response by the date ordered, we will dismiss the appeal for want of prosecution. See T EX

. R. A PP

. P. 38.8(a).

We order the clerk of this court to serve a copy of this order on all counsel.

_________________________________ Beth Watkins , Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 3rd day of May, 2019

.

___________________________________ KEITH E. HOTTLE

, Clerk of Court
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Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Marilyn Kelly

Stephen J. Markm an Diane M. Hathaway

Mary Beth Kelly

Brian K. Zahra

, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

_________________________________________ Clerk September 24, 2012

h0917 

# Order

September 24, 2012

145173 & (55)

OLD REPUBLIC INSURANCE COMPANY,

Plaintiff

- Appellant,

v SC: 145173

COA: 302384

Wayne CC: 09

- 015360

- CK

MICHIGAN CATASTROPHIC CLAIMS

ASSOCIATION,

Defendant

- Appellee.

______________________________________/

On order of the Court, the motion for miscellaneous relief is GRANTED. T he

application for leave to appeal the April 17, 2012 judgment of the Court of Appeals is

considered, and it is DENIED, because we are not persuaded that the question presented

should be reviewed by this C ourt.

H ATHAWAY

, J., not participating because she has a professional relationship with a

member of a law firm involved in this matter.
WRITTEN
CONSENT TO ACTION WITHOUT A MEETING


OF
THE BOARD OF DIRECTORS OF 


ARC
LIFESTYLE GROUP INC.


 


 


WHEREAS,
pursuant to the Florida Business Corporation Act, the Board of Directors has deemed it appropriate to take the corporate action
described herein without holding a meeting, the waiver and notice of which is unanimously acknowledged and agreed to by the sole
Director through his execution of this Written Consent to Action Without a Meeting; and


 


WHEREAS,
the Board has determined it is in the best interest of the Corporation to establish a limit of maximum amount of common shares
that any shareholder can hold after converting preferred shares series B. This limit will be 4.9% of total outstanding shares
after conversion.


 





 


IN
WITNESS WHEREOF, I set my hand this 6th day of April, 2015.


 








	/s/
    Carlos Lopez Martinez	 	 
	Carlos Lopez Martinez	 	 






 






    	 	1
An official website of the United States government         Here's how you know         
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 A **lock (lock )** or **https://** means you’ve safely connected to the .mil website. Share sensitive information only on official, secure websites.

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  -  DLA Indo-Pacific 
-  Customer Support    -  Self Help Tools             
  -  How to Order             
  -  Find Your Order             
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PETITION FOR EXEMPTION-FAA 333

Edgar Allen Mixon

104 Via Sonoma

San Clemente, Ca 92673

I am currently a licensed Private Pilot.

Airplane Single Engine Land. 

Instrument Airplane. 

This license was issued 11-27-1994.

Certificate no. 549463827

I intend to use an unmanned aircraft for the purpose of photography work, primarily in the Real 

Estate industry for commercial purposes.

The use of this device is to help promote public awareness regarding subject properties that 

may be considered for purchase.

Operations will be during daylight hours, and conducted outside of any restricted areas, or any 

other situation that might be considered unsafe.

All operations will be constrained to line-of-sight. The unit also has a visual display, which allows 

complete control of the operation and the data associated with it. 

Height will be constrained to less than 400 feet above ground level.

The product I am using is a DJI quad-copter model Phantom 3 Professional, using a Sony camera, 

which is permanently attached. 

Additional information regarding this unit may be obtained at www.DJI.com
Vctaf 1 o f 1 

SI 0-100825-076 

^SXAT.^^ ^ 

/ -

t 

CALIFORNIA STATE UNIVERSITY, STANISLAUS 

OFFICE OF THE PRESIDENT 

' 5><—' 

o ? 

K JJ 

August 16,2010 ^g 

Mr. Ray LaHood ^J rnB^rn 

Secretary of Transportation -^ ^ 55-' 5 

U.S. Department of Transportation ' "^o^ ^ 

400 7* Street SW "^' S^?--" 

Washington, DC 20590 

Subject: Small Community Air Service Development Program 

Modesto City-County Airport, Modesto, CA 

Dear Mr. Secretary, 

I am writing on behalf of California State University, Stanislaus to lend my support for 

the Modesto City-County Airport's current efforts to acquire grand funds through the 

Federal Department of Transportation's Small Community Air Service Program 

(SCASDP). These funds will be used to improve air service to our community, which is 

critical to the economic development of our area. The SCASDP grant will be used to 

help fund establishing direct daily passenger air service between Modesto and Portland or 

Seattle, in addition to the exiting service to San Francisco. 

Commetx:ial air service at Modesto City-Coimty Airport plays an important role in 

providing support to business, government, education, and leisure travel to and from the 

area. Future growth of the Modesto community depends, in part, on the airport's ability 

to meet the needs of existing local businesses, as well as companies considering Modesto 

as a location for their operation. For the University, it means more amenities we can 

point to when recruiting top-notch faculty and administrators to the University. 

I am confident you will agree that an investment in this project will provide great benefits 

for Modesto and the entire Central Valley served by Modest City-County Airport. I 

respectfully request that the Modesto City-County Airport be strongly considered as a 

worthy recipient of the Small Conununity Air Service Development Program grant 

Regards, 

tKw 

Hamid Shirvani, President 

California State University, Stanislaus 

ONE UNIVERSITY CIRCLE • TCKLOCK, CALIKOKNIA 95382 • IWVVV.CPUSTAM.EDL • PHOsr (209)667-3201 • FAX (209) 667-3206 

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