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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. United States Court of Appeals Fifth Circuit 

## FILED May 15, 2003 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 02-41392 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus LUIS FERNANDO OROZCO, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. B-02-CR-250-1

-------------------- Before KING, Chief Judge, and DEMOSS and BENAVIDES, Circuit Judges.
PER CURIAM: * Luis Fernando Orozco appeals his guilty-plea conviction of possession with intent to distribute approximately 14.45 kilograms of cocaine. Orozco argues that the district court erred in failing to apply the “safety-valve” provision contained in U.S.S.G. § 5C1.2 because he provided detailed information to law enforcement agents at his arrest and before his initial appearance and the fact that he provided information appeared inNo. 02-41392 -2- the presentence report, which contains no statement that the information was false or lacking in detail. According to Orozco, the district court should have conducted its own independent review of the facts provided. We review for clear error. See United States v. Flanagan , 80 F.3d 143, 145 (5th Cir. 1996). The record reveals that Orozco had not provided the name of the individual who approached him to drive the car containing the cocaine or the names of the people following him in another car. It is plausible that Orozco did know the names or other information about the other individuals. In any event, he did not communicate to the Government that he did not know the identities of the other individuals. See United States v. Flanagan , 80 F.3d 143, 145 (5th Cir. 1996)(citing with approval United States v. Rodriguez , 69 F.3d 136 (7th Cir. 1995)). Orozco did not meet his burden of credibly demonstrating that he provided the Government with all of the information that he could reasonably be expected to possess. See United States v. Miller , 179 F.3d 961, 968 (5th Cir. 1999) . Therefore, Orozco has not demonstrated that the district court’s determination that Orozco was not entitled to the safety-valve provision was implausible in light of the entire record. See United States v. Davis , 76 F.3d 82, 84 (5th Cir. 1996). Orozco also argues that Apprendi v. New Jersey , 530 U.S. 466 (2000), overruled previous jurisprudence holding that drug quantity was a sentencing factor and not an element of theNo. 02-41392 -3- offense and that the court cannot rewrite 21 U.S.C. § 841 to correct its unconstitutionality. Therefore, Orozco argues that, even under plain-error review, that statute must be stricken as unconstitutional. As Orozco acknowledges, his argument is foreclosed by United States v. Slaughter , 238 F.3d 580, 582 (5th Cir. 2000), but he raises it here to preserve it for further review. Accordingly, the district court’s judgment is AFFIRMED.
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED SE PTEMBER 12, 2014

NO. 03
- 13
- 00102
- CR

Isaul Tavera, Appellant

v. The State of Texas, Appellee

APPEAL FROM THE 299TH DISTRICT COURT OF TRAVIS COUNTY BEFORE CHIEF JUSTICE JONES, JUSTICES ROSE AND GO ODWIN MODIFIED AND, AS MODIFIED, AFFIRMED
-- OPINION BY JUSTICE GOODWIN

This is an appeal from the judgment revoking community supervision entered by the tr i a l court. Having reviewed the record and the parties’ arguments, the Court ho lds that there was no error in the court’s judgment revoking community supervision requiring reversal

. However, there was
error in the judgment revoking community supervision that requires correction. Therefore, the
Court modifies the trial court’s judgment revoking community supervision and order imposing

sentence to delete the trial court’s findings that a ppellant violated the conditions of community supervision by committing new criminal offenses and to reflect only the grounds orally pronounced by the trial judge: the failure to report, the failure to pay court ordered monies, and the failure to complete community service . As modified, t he judgment revoking communitysupervision is affirmed

. Because appellant is indigent and unable to pay costs, no adjudication

of costs is made.
* 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. 00-41173 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JAIME REYNA-SALINAS, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. C-00-CR-201-1

-------------------- May 2, 2001 Before SMITH, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM: * Jaime Reyna-Salinas appeals his conviction following a bench trial on two counts of aiding and abetting the transportation of an unlawful alien within the United States in violation of 8 U.S.C. § 1324(a)(1)(A)(ii), (a)(1)(B)(ii) and 18 U.S.C. § 2. He argues that the evidence in support of the district court’s finding of guilt was insufficient. The district court’s finding of guilt is supported by substantial evidence. United States v. Ceballos-Torres , 218 F.3d 409, 411 & 411 n.3 (5th Cir. 2000)(quotations and citationNo. 00-41173 -2- omitted), amended in other part on rehearing , 226 F.3d 651 (5th Cir. 2000), cert. denied , 121 S. Ct. 839 (2001) ; see United States v. Romero-Cruz , 201 F.3d 374, 378 (5th Cir.), cert. denied , 120 S.Ct. 2017 (2000); see United States v. Sorrells , 145 F.3d 744, 753 (5th Cir. 1998). The judgment of the district court therefore is AFFIRMED.
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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 17-1228

KIMBERLY A. REATH,

Plaintiff - Appellant,

v.

SOCIAL SECURITY ADMINISTRATION,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of North Carolina, at 

Raleigh. Malcolm J. Howard, Senior District Judge. (5:15-cv-00053-H)

Submitted: May 23, 2017 Decided: May 25, 2017

Before KING, AGEE, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Kimberly A. Reath, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Kimberly A. Reath seeks to appeal the district court’s order adopting the magistrate 

judge’s report and recommendation and dismissing her complaint. We dismiss the appeal 

for lack of jurisdiction because the notice of appeal was not timely filed.

When the United States or its officer or agency is a party, the notice of appeal must 

be filed no more than 60 days after the entry of the district court’s final judgment or order, 

Fed. R. App. P. 4(a)(1)(B), unless the district court extends the appeal period under Fed. 

R. App. P. 4(a)(5), or reopens the appeal period under Fed. R. App. P. 4(a)(6). “[T]he 

timely filing of a notice of appeal in a civil case is a jurisdictional requirement.” Bowles v. 

Russell, 551 U.S. 205, 214 (2007).

The district court’s order was entered on the docket on April 14, 2016. The notice 

of appeal was filed on February 16, 2017. Because Reath failed to file a timely notice of 

appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal. 

We dispense with oral argument because the facts and legal contentions are adequately 

presented in the materials before this court and argument would not aid the decisional 

process.

DISMISSED
Exhibit
32.2





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 AgFeed Industries, Inc.
(the “Company”) for the quarter ending June 30, 2009 as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), Selina
Jin, Chief Financial Officer of the Company, hereby certifies, pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that to 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.





Dated:  August
      10, 2009
              By:
              /s/ Selina JinSelina
      JinChief
      Financial Officer





This
certification accompanies each 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 the
Securities Exchange Act of 1934, as amended.





A signed
original of this written statement required by Section 906 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.
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 Defense General Services Administration National Aeronautics and Space Administration 48 CFR Chapter 1
[Docket FAR 2012-0081, Sequence 2]
 AGENCY: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA).
 ACTION: Small Entity Compliance Guide.
 SUMMARY: This document is issued under the joint authority of DOD, GSA, and NASA. This 
                            *Small Entity Compliance Guide*
                             has been prepared in accordance with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of the rule appearing in Federal Acquisition Circular (FAC) 2005-57, which amends the Federal Acquisition Regulation (FAR). Interested parties may obtain further information regarding this rule by referring to FAC 2005-57, which precedes this document. These documents are also available via the Internet at 
                            *http://www.regulations.gov.*
 DATES: March 7, 2012.
 FOR FURTHER INFORMATION CONTACT: For clarification of content, contact the analyst whose name appears in the table below. Please cite FAC 2005-57 and the FAR case number. For information pertaining to status or publication schedule, contact the Regulatory Secretariat at 202-501-4755. List of Rule in FAC 2005-57
Subject
FAR case
AnalystUnited States-Korea Free Trade Agreement (Interim)
2012-004
Erwin


SUPPLEMENTARY INFORMATION: A Summary for the FAR rule follows. For the actual revisions and/or amendments made by this FAR case, refer to FAR Case 2012-004. FAC 2005-57 amends the FAR as specified below:
                        ( print page 13957) United States-Korea Free Trade Agreement (FAR Case 2012-004) (Interim) This interim rule implements the United States-Korea Free Trade Agreement (see the United States-Korea Free Trade Agreement Implementation Act (Pub. L. 112-41) (19 U.S.C. 3805 note)). The Republic of Korea is already party to the World Trade Organization Government Procurement Agreement (WTO GPA). This Free Trade Agreement now covers acquisition of supplies and services between $100,000 and the current WTO GPA threshold of $202,000. This interim rule is not expected to have a significant economic impact on a substantial number of small entities. Dated: March 1, 2012. Laura Auletta, Director, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy.


[FR Doc. 2012-5530 Filed 3-6-12; 8:45 am] BILLING CODE 6820-EP-P
IN THE

TENTH COURT OF APPEALS

No. 10

- 13

- 00138

- CV

MIDSTATE ENVIRONMENT AL SERVICES, LP

AND JOHN DOE EMPLOYE E OF MIDSTATE

ENVIRONMENTAL SERVIC ES, LP

, Appellant s

v.

KAYCI PETERSON, INDI VIDUALLY AND AS

NEXT FRIEND OF G.P., W.P., AND G.P.

, Appellee

From the 82nd District Court

Falls County, Texas

Trial Court No. 12

- 08

- 38275

- CV

ORDER

Appellant’s Motion to Supplement Appellant’s Brief is granted. Appellant’s

Supplemental Brief was filed January 30, 2014.

PER CURIAM

Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins

Motion granted

Order issued and filed February 20, 2014
##### 



Exhibit 10.20
 AMENDMENT NO. 1 TO
THIRD SUPPLEMENT TO THE MASTER LOAN AGREEMENT
(TERM LOAN)
 Amendment US BIO WOODBURY, LLC Borrower AGSTAR FINANCIAL SERVICES, PCA Lender
 RECITALS
 MLA First Supplement Second Supplement Third Supplement Fourth
Supplement Loan Agreement
   AGREEMENT
  Amendment to Third Supplement .




---



##### 



Correction of Numbering
 Amendment
 Excess Cash Flow . Excess Cash Flow Payment Maximum
Excess Cash Flow Payment




---



##### 



Conditions to Effectiveness of this Amendment .
 Representations and Warranties .
   Miscellaneous .
 Effect; Ratification
 Loan Documents
 Counterparts
 Severability
 GOVERNING LAW




---



##### 



WAIVER OF JURY TRIAL




---



##### 



AMENDMENT NO. 1 TO
THIRD SUPPLEMENT TO THE MASTER LOAN AGREEMENT
(TERM LOAN)
  BORROWER:US BIO WOODBURY, LLC,
a Michigan limited liability companyBy:
    
    /s/ Kelly S. Langley

      Kelly S. LangleyIts: TreasurerLENDER:AGSTAR FINANCIAL SERVICES, PCA,
a United States corporationBy:
    
    /s/ Mark Schmidt

      Mark Schmidt
      Its: Vice President




---



##### 



EXHIBIT A
 CONSENT AND REAFFIRMATION OF GUARANTY
    US BIOENERGY CORPORATIONBy:
    /s/ Kelly S. LangleyName:
    
    Kelly S. LangleyIts:  Treasurer
**Final Listing of Questionnaire Files for Steam Electric Rulemaking Record**

**Plant ID 09963**  **Removed from Public**  **(Non-CBI) Docket**  **1 Copyright** 

**Flag 2**  **File Name Description**  09963\09963_HardcopyLog.doc EPA log of hardcopy documents submitted x 09963\09963_PartA.xls Plant submitted survey file x 09963\09963_PartB.xls Plant submitted survey file x 09963\09963_PartC.xls Plant submitted survey file x 09963\09963_PartD.xls Plant submitted survey file x 09963\09963_PartE.xls Plant submitted survey file x 09963\09963_PartH.xls Plant submitted survey file

09963\Certification Statement_ 09963 - fossil.pdf Plant certification statement 09963\Certification Statement_ 09963 - Nuclear.pdf Plant certification statement x 09963\Supporting Documents\09963_ A5-2 Map-1.ppt Plant submitted supplemental files to the survey 09963\Supporting Documents\09963_A5-2 Map-2.ppt Plant submitted supplemental files to the survey x 09963\Supporting Documents\09963_A5-2 Water Balance Diagram WB-1&3.pdf Plant submitted supplemental files to the survey x 09963\Supporting Documents\09963_A5-2 Water Balance Diagram WB-2.pdf Plant submitted supplemental files to the survey x 09963\Supporting Documents\09963_D3-1 Block Diagram.pdf Plant submitted supplemental files to the survey x 09963\09963_Checklist_100110_version34.xls EPA Technical Review Checklist Workbook

09963\09963_Completeness_Checklist.xls EPA Completeness Review Checklist 09963\09963_Cover Letter.pdf Plant submitted supplemental files to the survey

1Final reviewed survey responses are located in the Steam Electric Technical Questionnaire Database

. 2Copyright documents are available from the docket.
|  SUBSIDIARY      NAME                         |    | STATE OR OTHER JURISDICTIONOF INCORPORATION ORORGANIZATION |
|----------------------------------------------------|--------------|-------------------------------------------------------------------------------------|
| AirTran Airways,      Inc.     |    | Delaware                                                                            |
| AirTran      Investment Corporation                |    | Nevada                                                                              |
| AirTran 717 Leasing      Corporation (1)           |    | Delaware                                                                            |
| AirTran Risk      Management, Inc.      (1)        |    | Delaware                                                                            |
| AirTran Fuel      Services, Inc.      (1)          |    | Delaware                                                                            |
| AirTran Gate      Holdings, Inc.      (1)          |    | Delaware                                                                            |

| (1) | Subsidiary      of AirTran Airways,Inc. |
|-----|-----------------------------------------|
Page 1 of 1

Date: September 21, 2012

MEMORANDUM

TO: Air and Radiation Docket EPA-HQ-OAR-2012-0542

SUBJECT: Meeting with Delegation from the Republic of Indonesia

On September 21, 2012, a high-level delegation from the Republic of Indonesia met with 

EPA to discuss cooperation on environmental issues and renewable fuels produced from palm 

oil. A partial list of attendees is below. Minister Kambuaya thanked the EPA for hosting the 

meeting and emphasized Indonesia’s commitment to environmental sustainability. Deputy 

Administrator Perciasepe welcomed the delegation, gave an overview of EPA’s process 

regarding the palm oil rulemaking and discussed plans for EPA to send a high-level delegation to 

Indonesia and Malaysia to learn more about palm oil production in the region. Ambassador 

Djalal discussed the importance of palm oil to Indonesia and expressed his pleasure with respect 

to EPA’s upcoming visit.

Partial List of Representatives from the Republic of Indonesia

1. Mr. Balthasar (Berth) Kambuaya, Minister of Environment

2. Mr. Dino Djalal, Indonesian Ambassador to the U.S.

Partial List of Representatives from EPA

Bob Perciasepe Deputy Administrator

Michael Stahl Acting Assistant Administrator, Office of International and Tribal Affairs

Karl Simon Director, Transportation and Climate Division

Partial List of Representatives from U.S. Department of State

James Caruso Economic Counselor, U.S. Embassy Jakarta
**Exhibit      32.1**

| (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. |
|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                   |   |                                                            |
|----------------------------------------|--------|-----------------------------------------------------------------|
| Dated:                October 31, 2007 |   | By:                 /s/                Xiong Junhong  |
|                                   |   | Xiong                Junhong                                    |
|                                   |   | Chief                Executive Officer                          |

----
|   | (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 result of operations of the                Company. |
|--------|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                                               |   |   |   |
|--------------------------------------------------------------------|--------|--------|--------|
| /s/ Xiong              Junhong                                |   |   |        |
| Xiong                JunhongChief                Executive Officer |   |   |        |
|                                                               |   |   |   |

----