alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 02-50921

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

VICTOR GONZALEZ-PINALES,

also known as Sergio Morales-Penales,

also known as Victor Bernal,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. EP-02-CR-330-ALL-DB

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

February 20, 2003

Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges.

PER CURIAM:*

Victor Gonzalez-Pinales 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. 

He contends that the sentence is invalid because it exceeds the

two-year maximum term of imprisonment prescribed in 8 U.S.C.

§ 1326(a). Gonzalez-Pinales complains that his sentence was

improperly enhanced pursuant to 8 U.S.C. § 1326(b). He argues
No. 02-50921

-2-

that the sentencing provision is unconstitutional. 

Alternatively, Gonzalez-Pinales 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 was

an element of a separate offense under 8 U.S.C. § 1326(b) that

should have been alleged in his indictment. 

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. 

Gonzalez-Pinales acknowledges that his arguments are 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 arguments 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.
Exhibit 32.1



|             |  |   |  |                                                                                                                                                  
|------------ |  | - |  | -------------------------------------------------------------------------------------------------------------------------------------------------
|EXHIBIT 32.1 |  |  |  | CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

This certification is provided pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and
accompanies the Quarterly Report on Form 10-Q (the Form 10-Q) for the quarter ended September 30, 2009 of Clear Channel Outdoor Holdings, Inc. (the Issuer). The undersigned hereby certifies that the Form 10-Q fully
complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)) and that the information contained in the Form 10-Q fairly presents, in all material respects, the financial
condition and results of operations of the Issuer.



|                       |  |                        
|---------------------- |  | -----------------------
|Date: November 9, 2009
|                       | 
|By:                    |  | /s/ MARK P. MAYS       
|Name:                  |  | Mark P. Mays           
|Title:                 |  | Chief Executive Officer

A signed original of this written statement required by Section 906 has been provided to the
Issuer and will be furnished to the Securities and Exchange Commission, or its staff, upon request.
Exhibit
10.9


 


CAPITOL
INVESTMENT CORP. V


1300
17th Street North, Suite 820


Arlington,
Virginia 22209


_______________,
2020


 


Venturehouse
Group, LLC


1300 17th Street North, Suite 820


Arlington, Virginia 22209


 


Dryden
Capital Management, LLC


305
West Pennsylvania Avenue


Towson,
Maryland 21204


 


Ladies
and Gentlemen:


 


This
letter will confirm our agreement that, commencing on the effective date (the “Effective Date”) of
the registration statement (the “Registration Statement”) for the initial public offering (the
“IPO”) of the securities of Capitol Investment Corp. V, a Delaware corporation (the
“Company”), and continuing until the earlier of (i) the consummation by the Company of an initial
business combination or (ii) the Company’s liquidation (in each case as described in the Registration Statement) (such
earlier date hereinafter referred to as the “Termination Date”), Venturehouse Group, LLC and Dryden
Capital Management, LLC shall make available to the Company
certain office space and secretarial, administrative and support services as may be required by the Company from time to
time, situated at 1300 17th Street North, Suite 820 Arlington, Virginia 22209 (or any successor location) and 305 West Pennsylvania Avenue,
Towson, Maryland 21204 (or any successor location), respectively. In exchange therefore, the Company shall pay Venturehouse
Group, LLC and Dryden Capital Management, LLC the sum of $12,668 per month and $7,332 per month, respectively, on the
Effective Date and continuing monthly thereafter until the Termination Date. Each of the Venturehouse Group, LLC and Dryden
Capital Management, LLC hereby agrees that it does not have any right, title, interest or claim of any kind in or to any
monies that may be set aside in a trust account (the “Trust Account”) that may be established upon
the consummation of the IPO (the “Claim”) and hereby waives any Claim it may have in the future as
a result of, or arising out of, any negotiations, contracts or agreements with the Company and will not seek recourse against
the Trust Account for any reason whatsoever.


 


[Signature
Pages Follow]


 






     


     


    

 





	 	Very
    truly yours,
	 	 	 
	 	CAPITOL
    INVESTMENT CORP. V
	 	 	 
	 	By:	
	 	 	Name: 	L. Dyson Dryden
	 	 	Title:	President and Chief Financial Officer


 


AGREED
TO AND ACCEPTED BY:


 


VENTUREHOUSE
GROUP, LLC


 


	By:	 	 
	 	Name: 	 Mark D. Ein	 
	 	Title: 	Chief Executive Officer	 


 


DRYDEN
CAPITAL MANAGEMENT, LLC


 


	By:	 	 
	 	Name:  	L. Dyson Dryden	 
	 	Title:	Member
**EXHIBIT
        32.2**
 **SECTION
        1350 CERTIFICATIONS**
 
 **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 of Exobox Technologies Corp.(the "Company")
        on Form 10-QSB for the period ended January 31, 2007 as filed with the
        Securities and Exchange Commission on the date hereof (the "Report"),
 
 I,
        Michael G. Wirtz, Chief Financial Officer of the Company, certify, pursuant
        to
        18 U.S.C. ss. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
        Act
        of 2002, that:
 
 1.
        The
        Report fully complies with the requirements of Section 13(a) or 15(d) of
        the
        Securities Exchange Act of 1934, these financial statements were not reviewed
        by
        our independent registered public accountants; 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:
        March 26, 2007
 
 
 /s/
        Michael G. Wirtz
 ------------------------------
 Chief
        Financial Officer
<PAGE>
                                                                    EXHIBIT 23.1

                       CONSENT OF INDEPENDENT ACCOUNTANTS

    We hereby consent to the incorporation by reference in the Registration
Statements on Form S-3 (Nos. 333-41165, 333-37341 and 333-63263) and in the
Registration Statements on Form S-8 (Nos. 333-14373, 333-25973 and 333-62631) of
North American Scientific, Inc. of our report dated December 21, 1999 relating
to the financial statements and financial statement schedule, which appears in
this Form 10-K.

                                          /s/ PricewaterhouseCoopers LLP

Costa Mesa, California
January 7, 2000
EXHIBIT 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                       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 of Mystica Candle Corp. (the "Company")
on Form 10-QSB for the period ending March 31, 2006 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Jon Suk, Chief
Executive Officer of the Company, certify, pursuant to 18 U.S.C. ss.1350, as
adopted pursuant to ss.906 of the Sarbanes-Oxley Act of 2002, 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 result of operations of
          the Company.

IN WITNESS WHEREOF, the undersigned has executed this certification as of the
12th day of May, 2006.


/s/ Jon Suk
---------------------------
Chief Executive Officer
N OTE : This order is nonprecedential

.



# United States Court of Appeals

**for the Federal Circuit**

______________________

MICHELLE MILLER,

Petitioner

v.

DEPARTMENT OF COMMERCE,

Respondent

______________________

2023

- 2436

______________________

Petition for review of the Merit Systems Protection

Board in No. SF

- 0432

- 20

- 0165

- I

- 2.

______________________

ON MOTION

______________________

O R D E R

Upon consideration of Michelle Miller’s motion to voluntarily dismiss this petition for review and the parties’

joint response as to the allocation of costs,

I T I S O RDERED T HAT :

(1) The motion is granted . The appeal is dismissed

.

(2) A ll other pending motions are denied as moot. Case: 23-2436 Document: 32 Page: 1 Filed: 08/28/2024MILLER v. COMMERCE 2

( 3 ) Each party shall bear its own costs.

A ugust 28 , 2024

Date F OR THE C OURT

ISSUED AS A MANDATE: August 28, 2024 Case: 23-2436 Document: 32 Page: 2 Filed: 08/28/2024
# I / SECTION 11- AMBIENTAIR QUALITY STANDARDS 11.1 Definitions. 11.1.1. ?rimarv standards means standards that set limits to protect 

### public health.. injdj1qfhèalffi ofisenSitivew populations such as-asthmatiàs, 

### children. and the elderly. 11.1.2 “Secondary standards means Standards that set limits to 

### orated public welfare. includina orotection aoainst decreased visibility. damaae to animals, crops, vegetation, and buildings. 11.1.3 “j.Lg/m 3 ” means micrograms ofair contaminant oer cubic meter ofair. 11.1.4 “mg/rri means milligrams ofair contaminant oercubic meter ofair. 11.1.5 “pam means oarts of air contaminant by 

### volume per million oarts of air by volume. 

### 11.2 The following concentrations of air contaminants shall not be exceeded at any sincile point in the ambient air
!.1!ional AmbientAir Quality Standards (NAAQSj Pollutant Standard Standard

### Valuer Standard Tv Carbon Monoxide (COI 8-HourAverage 9 corn (10 moIm Pnmary I-HourAvera 35 corn (40 maIn?) Primary Nitrogen Dioxide (NO 2 ) AnnualMthmetic Mean 0.053 corn (100 uamj Primary S Secondary Ozone (Ok) 1Hourfi.verage 0.12 corn (235 uainñ Primaiv & Secondary

• 8-HourAveraae 0.08 

### corn 1157 vaIn?) Primary& Secondary Lead (Pb) QuartertyAverane 1.5 uaIn? Primary & Secondary Particulate Matter (PM Annual Mthmetlc Mean 50 va/rn 3 Primary & Secondary 24-HourAverage 150 uai Primary & Secondary Particulate Matter (PM Annual Mthnetic Mean 15 vaIn? Primary

### & Secondary

.

.. 2HóurAmaö 65 IJQ. Ptim3 S Secoflda SulfurDioxide (SOj Annual Arithmetic Mean 0.03 corn (80 ua/m Primary

, 24-HourAverage 0.14 

### corn (365 va/n?)

- Pnma.v 3-HourAverag. 0.50 corn 11300 uo/n) Secondary

* Parentheticalvalue is an acoroximate eauivalent concentration.



### 11.3 MeasurementMethods

V V The methods 

### of measurement for AMBIENT Air 

### Quality Standards described 

### in Subsection 11.2Subseotions 11.1 through 

### 11.1.7, inclusive, shall be those prescribed in Title 

### 40 CFR Part 50 

### AppendixAthroughj4-as amended.

V 

### 11.4 Adoption of these AMBiENT 

### Air Quality Standards shall not be considered In any manner to allow 

### significant deterioration of existlAg airquality In any portion 

### ofClark Couflty.
Exhibit 31.3

Certification

I, Denise D. Roberts, certify that:

1. I have reviewed this report on Form 10-K, and all reports on Form 10-D required to be filed in respect of the period covered by this
report on Form 10-K of the American Express Credit Account Master Trust (the Exchange Act periodic reports);

2.
Based on my knowledge, the Exchange Act periodic reports, taken as a whole, does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which
such statements were made, not misleading with respect to the period covered by this report;

3. Based on my knowledge, all of
the distribution, servicing or other information required to be provided under Form 10-D for the period covered by this report is included in the Exchange Act periodic reports;

4. Based on my knowledge and the servicer compliance statements required in this report under Item 1123 of Regulation AB, and except
as disclosed in the Exchange Act periodic reports, the servicers have fulfilled their obligations under the servicing agreements in all material respects; and

5. All of the reports on assessment of compliance with servicing criteria for asset-backed securities and their related attestation reports on assessment of compliance with servicing criteria for
asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwise disclosed in this report.
Any material instances of noncompliance described in such reports have been disclosed in this report on Form 10-K.

In giving
the certifications above, I have reasonably relied on information provided to me by the following unaffiliated parties: The Bank of New York Mellon and TransCentra, Inc. (formerly known as Regulus Group LLC).

Date: March 20, 2012



|       |  |                                                          
|------ |  | ---------------------------------------------------------
|By:    |  | /s/ Denise D. Roberts                                    
|Name:  |  | Denise D. Roberts                                        
|Title: |  | President,                                               
|       |  | American Express Receivables Financing Corporation IV LLC
|       |  | (senior officer in charge of securitization)
#### BANK OF BOSTON CONNECTICUT *v.*JOSEPH A. MONIZ ET AL.

The petition by the defendants Joseph A. Moniz and Julie A. Moniz for certification for appeal from the Appellate Court, 47 Conn. App. 234 (AC 16792), is granted, limited to the following issues:

“1. Did the Appellate Court properly decline to address the defendants’ challenge to the plaintiffs use of an affidavit of debt to establish the amount due?

*911The Supreme Court docket number is SC 15889.

*Richard P. Weinstein*and *Nathan A. Schatz,*in support of petition.

Decided March 17, 1998

“2. If the answer to the first question is no, did the Appellate Court properly affirm the trial court’s reliance on the affidavit of debt without holding an eviden-tiary hearing?”

NORCOTT and PALMER, Js., did not participate in the consideration or decision of this petition.
<TABLE> <S> <C>

<PAGE>
<ARTICLE>  5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED STATEMENT OF INCOME FOR THE TWELVE MONTHS ENDED DECEMBER 29, 1996
AND THE CONSOLIDATED BALANCE SHEET AS OF DECEMBER 29, 1996 AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>  1,000
       
<S>                           <C>
<PERIOD-TYPE>                 YEAR
<FISCAL-YEAR-END>                                  DEC-29-1996
<PERIOD-START>                                     JAN-01-1996
<PERIOD-END>                                       DEC-29-1996
<CASH>                                               1,419,786
<SECURITIES>                                                 0
<RECEIVABLES>                                          288,329
<ALLOWANCES>                                                 0
<INVENTORY>                                            450,722
<CURRENT-ASSETS>                                     2,275,370
<PP&E>                                              12,198,351         
<DEPRECIATION>                                       1,990,012
<TOTAL-ASSETS>                                      16,956,187
<CURRENT-LIABILITIES>                                3,362,194
<BONDS>                                                      0
<PREFERRED-MANDATORY>                                        0
<PREFERRED>                                                  0
<COMMON>                                                 5,035
<OTHER-SE>                                          10,282,478
<TOTAL-LIABILITY-AND-EQUITY>                        16,956,187
<SALES>                                             11,340,199
<TOTAL-REVENUES>                                    11,340,199
<CGS>                                                6,473,515
<TOTAL-COSTS>                                        9,994,865
<OTHER-EXPENSES>                                     1,800,000
<LOSS-PROVISION>                                             0
<INTEREST-EXPENSE>                                   1,124,349
<INCOME-PRETAX>                                    (5,670,951)
<INCOME-TAX>                                                 0
<INCOME-CONTINUING>                                (5,670,951)
<DISCONTINUED>                                               0
<EXTRAORDINARY>                                              0
<CHANGES>                                                    0
<NET-INCOME>                                       (5,670,951)
<EPS-PRIMARY>                                           (1.26)
<EPS-DILUTED>                                                0
        

</TABLE>
[Federal Register Volume 77, Number 52 (Friday, March 16, 2012)]
[Notices]
[Page 15783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6342]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Center for Scientific Review; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. App.), 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: Center for Scientific Review Special Emphasis 
Panel Fellowships: Infectious Diseases and Microbiology.
    Date: March 22-23, 2012.
    Time: 9 a.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, 6701 Rockledge Drive, 
Bethesda, MD 20892, (Virtual Meeting).
    Contact Person: Alexander D Politis, Ph.D., Scientific Review 
Officer, Center for Scientific Review, National Institutes of 
Health, 6701 Rockledge Drive, Room 3210, MSC 7808, Bethesda, MD 
20892, (301) 435-1150, <a href="/cdn-cgi/l/email-protection#18687774716c716b79587b6b6a36767170367f776e"><span class="__cf_email__" data-cfemail="3646595a5f425f45577655454418585f5e18515940">[email protected]</span></a>.

    Name of Committee: Center for Scientific Review Special Emphasis 
Panel P01 Review: ``Presynaptic Mechanisms of Neural Plasticity''.
    Date: April 3-4, 2012.
    Time: 10 a.m. to 12 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, 6701 Rockledge Drive, 
Bethesda, MD 20892, (Virtual Meeting).
    Contact Person: Joanne T Fujii, Ph.D., Scientific Review 
Officer, Center for Scientific Review, National Institutes of 
Health, 6701 Rockledge Drive, Room 4184, MSC 7850, Bethesda, MD 
20892, (301) 435-1178, <a href="/cdn-cgi/l/email-protection#95f3e0fffcfcffd5f6e6e7bbfbfcfdbbf2fae3"><span class="__cf_email__" data-cfemail="5c3a29363535361c3f2f2e72323534723b332a">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.306, 
Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 
93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, 
National Institutes of Health, HHS)

    Dated: March 9, 2012.
Jennifer S. Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 2012-6342 Filed 3-15-12; 8:45 am]
BILLING CODE 4140-01-P


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