alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 16-10389

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

ALEXIS RASHAAD FAVORS,

Defendant-Appellant

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:15-CR-251-1

Before WIENER, DENNIS, and SOUTHWICK, Circuit Judges.

PER CURIAM:*

Defendant-Appellant Alexis Rashaad Favors pleaded guilty, without a 

plea agreement, to one count of possession of a firearm by a felon. He now

challenges his sentence, contending that the district court plainly erred in 

characterizing his prior conviction for aggravated assault with a deadly 

weapon under Texas Penal Code § 22.02 as a crime of violence for purposes of 

U.S.S.G. § 2K2.1(a)(3) (2015) and U.S.S.G. § 4B1.2 (2015). Favors insists that, 

 

* 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

July 27, 2017

Lyle W. Cayce

Clerk

 Case: 16-10389 Document: 00514091100 Page: 1 Date Filed: 07/27/2017
No. 16-10389

2

even though aggravated assault is enumerated as a crime of violence in 

Application Note One in the commentary of § 4B1.2, the Supreme Court’s 

decision in Johnson v. United States, 135 S. Ct. 2551 (2015), invalidated both 

the residual clause of § 4B1.2(a)(2) and the note. He further maintains that 

his prior Texas offense does not qualify as a crime of violence under § 

4B1.2(a)(2) because aggravated assault is not one of the four offenses it

enumerates. Finally, Favors claims that his prior offense does not satisfy the 

force-as-an-element clause of § 4B1.2(a)(1).

After Favors submitted his appellate brief, the Supreme Court held, in 

Beckles v. United States, 137 S. Ct. 886, 892 (2017), that § 4B1.2(a)(2)’s residual 

clause “is not void for vagueness” because “the Guidelines are not subject to a 

vagueness challenge under the Due Process Clause.” Favors’s arguments 

regarding § 4B1.2(a)(2)’s residual clause and Application Note One are thus 

unavailing. We have previously held that a Texas aggravated assault 

conviction constitutes the enumerated “aggravated assault” offense. United 

States v. Guillen-Alvarez, 489 F.3d 197, 199-201 (5th Cir. 2007); United States 

v. Rayo-Valdez, 302 F.3d 314, 318 (5th Cir. 2002). Furthermore, we have 

recently confirmed that Texas’s crime of aggravated assault satisfies § 

4B1.2(a)(1)’s force-as-an-element clause. See United States v. Shepherd, 848 

F.3d 425, 427-28 (5th Cir. 2017). The district court did not plainly err. See 

United States v. Fields, 777 F.3d 799, 802 (5th Cir. 2015).

AFFIRMED.

 Case: 16-10389 Document: 00514091100 Page: 2 Date Filed: 07/27/2017
EXHIBIT 32




SECTION 1350 CERTIFICATION




Each of the undersigned hereby certifies in his or her capacity as an officer of Sound Financial, Inc. (the “Registrant”) that the Annual Report of the Registrant on Form 10-K for the period ended December 31, 2011 fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 and that the information contained in such report fairly presents, in all material respects, the consolidated financial condition of the Registrant at the end of such period and the results of operations of the Registrant for such period.




Date:
August 14, 2012

By:
/s/ Laura Lee StewartLaura Lee StewartPresident and Chief Executive OfficerDate:
August 14, 2012

By:
/s/ Matthew P. DeinesMatthew P. DeinesExecutive Vice President andChief Financial Officer
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Commerce

###### Foreign-Trade Zones Board

          - [Docket T-6-2011]

                    On December 6, 2011, the Executive Secretary of the Foreign-Trade Zones (FTZ) Board filed an application submitted by the Puerto Rico Industrial                           ( print page 12008)                        Development Company, grantee of FTZ 7, requesting temporary/interim manufacturing (T/IM) authority, on behalf of Baxter Healthcare of Puerto Rico, to manufacture pharmaceutical and nutritional intravenous bags and administration sets under FTZ procedures within FTZ 7—Site 5, in Aibonito and Jayuya, Puerto Rico.                

                    The application was processed in accordance with T/IM procedures, as authorized by FTZ Board Orders 1347 (69 FR 52857, 8/30/04) and 1480 (71 FR 55422, 9/22/06), including notice in the                     **Federal Register**                     inviting public comment (76 FR 77479, 12/13/2011). The FTZ staff examiner reviewed the application and determined that it meets the criteria for approval under T/IM procedures. Pursuant to the authority delegated to the FTZ Board Executive Secretary in the above-referenced Board Orders, the application is approved, effective this date, until February 15, 2014, subject to the FTZ Act and the Board's regulations, including Section 400.28.                

Dated: February 15, 2012.

Andrew McGilvray,

Executive Secretary.

[FR Doc. 2012-4649 Filed 2-27-12; 8:45 am]

BILLING CODE P
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United	States	Department	of	transportation

Docket	Management	System 1200	New	Jersey	Ave,	SE West	Building	Ground	Floor	W12
- 140 Washington,	DC	20590
**Petitioner**

**:** Amavii	Photograp hy Javier	Gomez,	Owner 916	S
. 17 th ST
. Laramie,	WY 82070 Tel:	(307)	761
- 0482 E
- mail: jgomez.jg654@gmail.com Dear	Sir	or	Madam, Petition	for Exemption	and	seeking	relief from	the	requirements	of	Title	1 4	(C.F.R) Sections	61.113	(a)&(b),	91.7(a),	91.121,	91.151(b),	91.405(a),	91,407(a )	(1) 91.409(a)	(1)	&	(a)	(2)	and	91.417(a)	&(b). Concerning	the	operations	of	Unmanned Aircraft	Systems	and	pursuant	of	Section	333	of	the	FAA	Modernization	and	Reform Act	of	2012	(Public	Law	112
- 95) **Safety	Assessments	and	Precautions:** 1.) Aircraft,	Softwa re, controls,	and flight	conditions	will	be	checked	and	assessed prior	to	every	flight. 2.) GP S	calibrations	and	systems	return	to	home	failsafe	will	be	tested	before	all operations. 3.) All	repairs,	maintenance,	and	flight	times	will	be	recorded	and	logged.	All e quipment	and	aircraft	will	be	properly	stored	and	secured	to	avoid	damage during	transportation	or	travel. 4.) All	flights	will	not	exceed	75	percent	of	the	aircraft s	battery	life,	in	order,	to allow	ample time	to	land all	aircraft	safely. 5.) Operations	and	locat ions	will	be	assessed	for	safe ty	hazards .		After	obtaining proper	permissions,	flights will	only	be	conducted on	private	property or access	controlled	environments .	This	is to	minimize	any	potential	hazards	or damage	to	property.
**Public	Interests	and Operations:**  Amavii Aerial	Photography	and Cinematography will	bring high quality, affordable advertising	to	a	variety	of	businesses	and	Institutions.	Advancements	in today’s	UAV S ystems	can	efficiently	provide a	wide	range	of	services at	lower	costs	to	co nsumers . As	well	as,	having significantly	lower	emissions impact	on	our	environment.**Proposed	Operations:**

1.) Landscape	Design	and	Construction 2.) Real	Estate Marketing 3.) Special	Event	Coverage 4.) Promotional	Aerial	footage 5.) Home	and	Land	Appraisals 6.) Economi c	Development
**Aircraft:** 1.)	Make:	DJI Model:	Phantom	3	Advanced 2.)	Make:	DJI Model:	Inspire 3.)	Make:	Yuneec Model:	Typhoon	Q500	4k All of	the listed	aircraft s are	equipp ed	with	GP S g uidance	systems and	return	to
“ home	safety	modes ” when the signal	is	lost. The	Yuneec	Typh oon	Q500	4k	is also equipped	with an FAA	published	database	that	restricts	the	aircraft	from	flying	near a irports
. In addition ,	it erects	a	geo - fenc e	guidance	system	that	will	not	allow the a irc raft	from	flying	above the	400
- foot	altitude	ceiling.
Thank you	for	the	consideration for	the	approval	of	my	pe tition.	I f	you	have	any further	questions please	feel	free	to	c ontact	me . Sincerely, Javier	Gomez,	Owner Amavii	Photogra p hy
[Federal Register Volume 77, Number 34 (Tuesday, February 21, 2012)]
[Notices]
[Page 10034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3890]


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

SUSQUEHANNA RIVER BASIN COMMISSION


Public Hearing; Correction

AGENCY: Susquehanna River Basin Commission.

ACTION: Notice; correction.

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

SUMMARY: The Susquehanna River Basin Commission published a document in 
the Federal Register of January 23, 2012, concerning a public hearing 
to be held on February 16, 2012, in Harrisburg, Pennsylvania. The 
document contained an incorrect location for one of the projects listed 
in the Supplementary Information section of such notice.

FOR FURTHER INFORMATION CONTACT: Richard A. Cairo, General Counsel, 
telephone: (717) 238-0423, ext. 306; fax: (717) 238-2436; email: 
<a href="/cdn-cgi/l/email-protection#0f7d6c6e667d604f7c7d6d6c21616a7b"><span class="__cf_email__" data-cfemail="047667656d766b44777666672a6a6170">[email protected]</span></a> or Stephanie L. Richardson, Secretary to the 
Commission, telephone: (717) 238-0423, ext. 304; fax: (717) 238-2436; 
email: <a href="/cdn-cgi/l/email-protection#611213080209001305120e0f21121303024f0f0415"><span class="__cf_email__" data-cfemail="483b3a212b20293a2c3b2726083b3a2a2b66262d3c">[email protected]</span></a>. Information concerning the applications 
for these projects is available at the SRBC Water Resource Portal at 
www.srbc.net/wrp. Materials and supporting documents are available to 
inspect and copy in accordance with the Commission's Access to Records 
Policy at www.srbc.net/pubinfo/docs/2009-02%20Access%20to%20Records%20Policy%209-10-09.PDF.

Correction

    In the Federal Register of January 23, 2012, in FR Doc. 77-14, on 
page 3323, in the second column, correct project no. 34 to read:

    34. Project Sponsor and Facility: Water Treatment Solutions, LLC 
(South Mountain Lake), Woodward Township, Lycoming County, Pa. 
Application for surface water withdrawal of up to 0.499 mgd (peak 
day).


    Authority:  Pub. L. 91-575, 84 Stat. 1509 et seq., 18 CFR parts 
806-808.

    Dated: February 14, 2012.
Thomas W. Beauduy,
Deputy Executive Director.
[FR Doc. 2012-3890 Filed 2-17-12; 8:45 am]
BILLING CODE 7040-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
* Pursuant to Local Rule 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 Local Rule 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-60594 USDC No. 4:95-CV-123-S-B

ROOSEVELT FORD, Plaintiff-Appellant,

versus KENNETH C. BEAL, JR.; EDWARD HARGETT; LARRY HARDY; JOHN HOPKINS; J. STEWART MUPRHY; BILL STEIGER; A. M. PHILLIPS; DR. BEFURS; UNKNOWN DENTISTS (2), Defendants-Appellees,

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Mississippi

- - - - - - - - - - April 16, 1997 Before REAVLEY, DAVIS, and BARKSDALE, Circuit Judges.

PER CURIAM: * Roosevelt Ford, a Mississippi prisoner (# 42452), appeals from the district court’s dismissal as frivolous of his civil rights complaint alleging deliberate indifference to his serious medical needs. He has filed a motion for leave to proceed in forma pauperis (“IFP”) on appeal. The motion for leave to appeal IFP is GRANTED.No. 96-60594 - 2 - Ford is not required to pay an initial partial filing fee. 28 U.S.C. § 1915(b)(4). Ford shall make monthly payments of twenty percent of the preceding month’s income credited to his prison trust fund account. The agency having custody of Ford shall forward payments from his account to the clerk of the district court each time the amount in his account exceeds $10 until the filing fee is paid. 28 U.S.C. § 1915(b)(2). There is no arguable merit to Ford’s contentions that he is entitled to relief on grounds that (1) the district court abused its discretion in finding that his deliberate-indifference claims were frivolous and that (2) the magistrate judge erred in not permitting Ford to conduct discovery. Because Ford’s appeal is frivolous, it is DISMISSED. See Howard v. King , 707 F.2d 215, 219-20 (5th Cir. 1983); 5th Cir. R. 42.2.
IFP GRANTED; APPEAL DISMISSED.
III 

113TH CONGRESS 

1ST SESSION S. RES. 23 

Expressing the sense of the Senate that a postage stamp should be issued 

to commemorate the 500th anniversary of Juan Ponce de Leon landing 

on Florida. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 31, 2013 

Mr. NELSON submitted the following resolution; which was referred to the 

Committee on Homeland Security and Governmental Affairs 

RESOLUTION 

Expressing the sense of the Senate that a postage stamp 

should be issued to commemorate the 500th anniversary 

of Juan Ponce de Leon landing on Florida. 

1 Resolved, That it is the sense of the Senate that— 

2 (1) the United States Postal Service should 

3 issue a postage stamp to commemorate the 500th 

4 anniversary of Juan Ponce de Leon landing on Flor5 ida; and 

6 (2) the Citizens’ Stamp Advisory Committee of 

7 the United States Postal Service should recommend 


sroberts on DSK5SPTVN1PROD with BILLS
2 

•SRES 23 IS 

1 to the Postmaster General that such a stamp be 

2 issued. 

Æ 


sroberts on DSK5SPTVN1PROD with BILLS
From: Bob Coughlin

To: Scott A. Lewis; Pilarz, Kitty; Edwards, Patricia; Rea, Gregory

Cc: Morrissey, Len

Subject: Undisclosed Patent

Date: Wednesday, April 25, 2012 4:42:03 PM

Attachments: Graco patent application bassinet support.pdf

Importance: High

Dear Kitty, Patti, Greg and Scott,

In researching potential product updates to meet the proposed ASTM requirements for Bassinets

including flatness requirements and missing parts a patent application has come to my attention.

The application published in November is Graco’s and was not disclosed during the course of

developing requirements through the ASTM process. Its claims are very broad in and can be

reviewed on pages 6 and 7 of the attached document. In summary, the patent would preclude any

remedy to current designs to meet the proposed standard and Federal rule. Graco would be the

only manufacturer who could comply with the proposals.

All of the members of the subcommittees involved should be made aware of the patent

application. The information should have been disclosed previously according to ASTM’s patent

policy.

Since I don’t see any opportunity for compliance with the current proposals without infringing on

the Graco patent I would have to vote negatively on any ASTM ballots. Further, I don’t see how a

Federal rule could be issued which would require infringement on a patent for compliance.

Please let me know how you think this can be resolved.

Best Regards,

Bob Coughlin

Kids II, Inc.

VP of Product Integrity

tel 770.751.0442

fax 770.751.0543

www.kidsii.com

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

This email and any files transmitted with it are confidential and 

intended solely for the individual or entity to whom they are addressed. 

If you have received this email in error, destroy it immediately.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The      undersigned hereby certify that, to the best of the knowledge of the      undersigned, the Quarterly Report on Form 10-QSB for the quarter ended June      30,      2007 filed by Neuro-Hitech, Inc. with the Securities and Exchange Commission      fully complies with the requirements of Section 13(a) or 15(d) of the Securities      Exchange Act of 1934 and that the information contained in the report fairly      presents, in all material respects, the financial condition and results of      operations of the issuer.

|                                     |                                   |                                                   |
|------------------------------------------|----------------------------------------|--------------------------------------------------------|
| Date: August                8, 2007 | By:                          | /s/                Reuben                Seltzer  |
|                                     | Reuben                Seltzer          |
|                                     | Chief                Executive Officer |

|                                         |                                       |                                                       |
|----------------------------------------------|--------------------------------------------|------------------------------------------------------------|
| Date: August                    8, 2007 | By:                              | /s/                    David J.                    Barrett |
|                                         | David                    J. Barrett        |
|                                         | Chief                    Financial Officer |

----
#### Indian River State Bank, a Corporation, *Plaintiff in*Error, v. Scottish Union and National Insurance Company, *Defendant in Error.*

This case was decided by Division A.

Writ of error to the Circuit Court for Volusia county.

*Geo. M. Robbins*and *Geo. P. Raney*for plaintiff in error.

*A. W. Cockrell & Son*for defendant in error.

Per Curiam.

The above stated cause coming on for final disposition before Division A of the court upon the transcript of record and briefs and arguments of counsel for the respective parties, after due consideration the court finds that the case made in the transcript of record is substantially the same in all material particulars as that of the .Indian River State Bank as plaintiff in error against the Hartford Fire Insurance Company, as defendant in error decided by written opinion by Division A of the court at the present term, in which substantially the same questions were presented as are involved in the present case, and that *346what is said in that case is fully decisive of the questions presented in this case. It is, therefore, hereby considered, ordered and adjudged that the judgment of the Circuit Court in this cause be, and the same is hereby reversed with directions to overrule the demurrer of the defendant insurance company to the last amended declaration of the plaintiff below, the Indian River State Bank, and to sustain the demurrer of the said plaintiff to the pleas of the defendant in all such particulars wherein such pleas may be inconsistent with the views expressed in the said opinion of this court in the said case of the *Indian River State Bank v. The Hartford Fire Insurance Company*herein above referred to, and for such further proceedings as shall be consonant with law. The costs of this appellate proceeding to be taxed against the defendant in error.
November 15, 2012

Carl Daly

US EPA Region 8

1595 Wynkoop Street

Denver, CO 80202-1129

Dear Mr. Daly: 

### DEPARTMENT 

## of ENVIRONME NT

and NATURAL RESOURCES

PMB 2020

J O E F OSS BUilD I NG

523 EAST CAPITOl

P

I E

R

RE, SOUTH DAKOTA 5 750 1 -3 1 82

w

w

w 

### .s t a t e

. sd .us/denr

On March 21

, 2011, EPA promulgated new rules under 40 CFR Part 60, Subpart LLLLStandards of Performance for New Sewage Sludge Incineration Units and 40 CFR Part 60,

Subpart MMMM- Emission Guide l ines and Compliance Times for Existing Sewage Sludge

Incineration Units. We have reviewed the sources in South Dakota and have determined that

there are no sources subject to these two rules.

The South Dakota Department of Environment and Natural Resources is hereby notifying EPA

that there are no new or existing sewage sludge incineration units in South Dakota that meet this

criteria. Therefore, the department will not be submitting an implementation plan required under

Section 111 (d) of the federal Clean Air Act.

Sincerely, 

# 9?LU/-

Kyrik Rombough

Engineering Manager I

Air Quality Program

cc: Kendra**Morrison ~**  US EPA Region 8DEPARTMENTofENVIRONMENTandNATURALRESOURCESPMB2020JOEFOSSBUILDING523EASTCAPITOLPIERRESOUTHDAKOTA57501-3182RETURNSERVICEREQUESTEDt2ec.fd_lt/ZJftz._/liZKENDRAMORRISONUSEPAREGIN8(IIocn,__wenz:;)-PITNEY8(>liVESa::021A$00..35°0004620534N:>V1fl2012fU:::MAILEDFROMZIPCODE575011595WYNKOOPSTREETDENVERCO80202-1129-H-::>X·-\F\::.5"BBt".r2.\.r2.I!,,l,ll,llrrlrlll,,,,,(,(..,I