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

FOR THE FIFTH CIRCUIT

No. 13-11410

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

LOUIS GRIEGO, JR., also known as Big Lou,

Defendant-Appellant

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 7:13-CR-3

Before DAVIS, CLEMENT, and COSTA, Circuit Judges.

PER CURIAM:*

Louis Griego, Jr. appeals the 168-month sentence he received for 

conspiring to distribute methamphetamine. He contends that the district court 

improperly calculated his guidelines range when it concluded that he was not 

entitled to an additional one-level reduction for acceptance of responsibility 

under U.S.S.G. § 3E1.1(b).

* 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

August 20, 2014

Lyle W. Cayce

Clerk

 

 Case: 13-11410 Document: 00512740102 Page: 1 Date Filed: 08/20/2014
No. 13-11410

The Government acknowledges that it erred in withholding the 

reduction on the ground that Griego did not waive his right to appeal. See

United States v. Villegas Palacios, --- F.3d ----, 2014 WL 2119096, at *1 (5th 

Cir. May 21, 2014). But we need not vacate the sentence, or resolve whether 

the Government’s other alleged bases for withholding the reduction were 

proper, because any error was harmless. See United States v. Richardson, 676 

F.3d 491, 511–12 (5th Cir. 2012); United States v. Bonilla, 524 F.3d 647, 656 

(5th Cir. 2008). 

After considering the relevant 18 U.S.C. § 3553(a) sentencing factors, the

district court unequivocally stated that it would impose the 168-month 

sentence regardless whether the additional one-point reduction should apply. 

Indeed, the sentence imposed was within the guidelines range that would have 

applied if the one-level reduction had been granted. Accordingly, any error in 

calculating Griego’s guidelines range was harmless. See Richardson, 676 F.3d 

at 511.

AFFIRMED.

2

 Case: 13-11410 Document: 00512740102 Page: 2 Date Filed: 08/20/2014
# C_2008171EN.01002801.xml

| 5.7.2008 | EN | Official Journal of the European Union | C 171/28 |
| --- | --- | --- | --- |

5.7.2008

EN

Official Journal of the European Union

C 171/28

---

Action brought on 15 May 2008 — Commission of the European Communities v French Republic

(Case C-200/08)

(2008/C 171/43)

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by: A. Bordes and H. Støvlbæk, agents)

Applicant:

Defendant: French Republic

Defendant:

Form of order sought

| — | Declare that by refusing to permit German and British snowboard instructors to teach that sport alone in France and by not referring in the amended decree of 4 May 1995 to snowboard instructor qualifications acquired in other Member States, the French Republic has failed to fulfil its obligations under Articles 39, 43 and 49 EC and under Article 6 of Directive 92/51/EEC (1); |
| --- | --- |

—

Declare that by refusing to permit German and British snowboard instructors to teach that sport alone in France and by not referring in the amended decree of 4 May 1995 to snowboard instructor qualifications acquired in other Member States, the French Republic has failed to fulfil its obligations under Articles 39, 43 and 49 EC and under Article 6 of Directive 92/51/EEC (1);

1

| — | order the French Republic to pay the costs. |
| --- | --- |

—

order the French Republic to pay the costs.

Pleas in law and main arguments

While in several Member States ski-ing and snowboarding can be taught by members of professions who have separate instructor qualifications, snowboarding can be taught in France only by ski instructors.

The applicant considers that the refusal to permit access to the profession of snowboard instructor alone cannot be justified having regard to the fundamental principles of free movement of persons, freedom to provide services and the right of establishment. The Commission considers, in addition, that the four cumulative derogating conditions established by the Court's case-law to justify any restriction on those principles — that measures must be applied in a non-discriminatory manner; they must be justified by overriding reasons based on the general interest; they must be suitable for securing the attainment of the objective which they pursue; and they must respect the principle of proportionality — are not satisfied.

---

(1)  Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC (OJ L 209, p. 25).

1

---
```

[Congressional Record Volume 158, Number 124 (Friday, September 14, 2012)]
[Extensions of Remarks]
[Page E1540]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                     A TRIBUTE TO IOWA'S RED BULLS

                                 ______
                                 

                            HON. TOM LATHAM

                                of iowa

                    in the house of representatives

                       Friday, September 14, 2012

  Mr. LATHAM. Mr. Speaker, I rise today to recognize and congratulate 
the Iowa National Guard's own Red Bulls for being awarded the Citizen 
Patriot Unit Award by the U.S. Department of Defense. The Citizen 
Patriot Award for Distinguished Service is a prestigious award that is 
given annually to only one individual and one military unit across the 
entire Department of Defense.
   The Iowa National Guard's Red Bulls, formally known as the 2nd 
Brigade Combat Team, 34th Infantry Division, set themselves above the 
rest through their substantial contributions to the security and 
defense of the nation while serving in Afghanistan in support of 
Operation Enduring Freedom. The Red Bulls have a storied history as 
some of the most dependable soldiers in the Army, and the Citizen 
Patriot Award truly reflects the nation's gratitude for what they have 
accomplished together.
   In July 2010, the Red Bulls' unit departed Iowa in one of the 
largest single deployments since World War II. After arriving in 
Afghanistan in November of that year, Task Force Red Bulls conducted 
comprehensive counter insurgency operations and also partnered with the 
Afghan National Security Forces. These men achieved the mission goals 
they were assigned at the highest possible standard amidst the painful 
loss of four servicemembers who gave the ultimate sacrifice for their 
country. Sergeant Brent M. Maher of Honey Creek, Specialist Donald L. 
Nichols of Shell Rock, Staff Sergeant James A. Justice of Grimes, and 
Sergeant 1st Class Terry L. Pasker of Cedar Rapids are Iowan heroes who 
will never be forgotten.
   Mr. Speaker, I am in awe of the Red Bulls' commitment and sacrifices 
in order to make our country safer. Each and every member of this elite 
unit represents the best of Iowa's work ethic and patriotism. They make 
me proud to be an Iowan, and I thank them from the bottom of my heart. 
I invite my colleagues in the House to join me in congratulating the 
Red Bulls on attaining the Citizen Patriot Unit Award and welcoming 
them home. We will forever appreciate their extraordinary service.

                          ____________________
```
I 

115TH CONGRESS 

2D SESSION H. R. 4933 

To prohibit the use of Federal funds to implement the policy changes in 

the notices terminating temporary status for natives of Nicaragua, Haiti, 

and El Salvador, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 5, 2018 

Mr. RUSH introduced the following bill; which was referred to the Committee 

on the Judiciary 

A BILL 

To prohibit the use of Federal funds to implement the policy 

changes in the notices terminating temporary status for 

natives of Nicaragua, Haiti, and El Salvador, and for 

other purposes. 

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

3 SECTION 1. SHORT TITLE AND FINDINGS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Fair TPS Act’’. 

6 (b) FINDINGS.—Congress finds the following: 


dlhill on DSK3GLQ082PROD with BILLS
2 

•HR 4933 IH

1 (1) President Donald J. Trump has, on mul2 tiple occasions, disparaged and demeaned people of 

3 color. 

4 (2) President Donald J. Trump has attempted 

5 to ban from entering the United States immigrants 

6 from certain countries, seemingly based on race and 

7 religion. 

8 (3) President Donald J. Trump has referred to 

9 immigrants of color as coming from ‘‘shithole coun10 tries’’. 

11 (4) Such statements and actions degrade and 

12 disregard both the letter and the spirit of the 14th 

13 Amendment to the Constitution. 

14 SEC. 2. NO FUNDS AVAILABLE. 

15 (a) NICARAGUA.—No funds or resources may be used 

16 to implement (including through the issuance of any regu17 lations) any of the policy changes set forth in the notice 

18 entitled ‘‘Termination of the Designation of Nicaragua for 

19 Temporary Protected Status’’, published at 82 Fed. Reg. 

20 59636 (December 15, 2017). 

21 (b) HAITI.—No funds or resources may be used to 

22 implement (including through the issuance of any regula23 tions) any of the policy changes set forth in the notice 

24 entitled ‘‘Termination of the Designation of Haiti for 


dlhill on DSK3GLQ082PROD with BILLS
3 

•HR 4933 IH

1 Temporary Protected Status’’, published at 83 Fed. Reg. 

2 2648 (January 18, 2018). 

3 (c) EL SALVADOR.—No funds or resources may be 

4 used to implement (including through the issuance of any 

5 regulations) any of the policy changes set forth in the no6 tice entitled ‘‘Termination of the Designation of El Sal7 vador for Temporary Protected Status’’, published at 83 

8 Fed. Reg. 2654 (January 18, 2018). 

Æ 


dlhill on DSK3GLQ082PROD with BILLS
```

[Congressional Record Volume 158, Number 122 (Wednesday, September 12, 2012)]
[House]
[Page H5869]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                              {time}  1200
                              AFTER RECESS

  The recess having expired, the House was called to order by the 
Speaker pro tempore (Mr. Simpson) at noon.

                          ____________________
```
#### Alex BEVERLY, Plaintiff-Appellant, v. Janet RENO, et al., Defendants-Appellees.

No. 93-2270.

United States Court of Appeals, Seventh Circuit.

Submitted March 7, 1994.

Decided April 21, 1994.

Alex Beverly, Jr., pro se.

George Brown, pro se.

Jack Donatelli, Asst. Atty. Gen., Civ. Div., Appellate Section, Chicago, IL, for defendants-appellees.

Before POSNER, Chief Judge, and BAUER and COFFEY, Circuit Judges.

POSNER, Chief Judge.

After his conviction for federal narcotics violations was affirmed, *United States v. Beverly,*913 F.2d 337 (7th Cir.1990), Alex Beverly brought this civil suit to obtain a declaration that the statute under which he was convicted is unconstitutional. *Bivens v. Six Unknown Named Agents,*403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). Beverly had not made this claim in his appeal from his conviction, and he has offered no excuse *159for failing to do so. If, therefore, he had sought to attack the statute by instituting a postconviction proceeding under 28 U.S.C. § 2255, the federal prisoner’s substitute for habeas corpus, he would be barred by the doctrine of waiver. *Reed v. United States,*985 F.2d 880 (7th Cir.1993); *Liss v. United States,*915 F.2d 287, 290 (7th Cir.1990). The question is whether he can avoid the bar by bringing an independent civil action. The answer is no, as three other circuits have already held. *Marchetti v. Bitterolf,*968 F.2d 963, 966-67 (9th Cir.1992); *Spina v. Aaron,*821 F.2d 1126 (5th Cir.1987); *Dees v. Murphy,*794 F.2d 1543 (11th Cir.1986). It is true that the interest secured by the waiver doctrine in the federal-prisoner posteonviction setting is the interest in the finality of criminal judgments and that Beverly is not purporting to seek to vacate his conviction or sentence. But if he got a declaration that the statute under which he was convicted is unconstitutional, he would undoubtedly try to use the declaration to get his conviction set aside and if he succeeded in this he would have engineered a perfect evasion of the waiver doctrine. If he failed and sought solace in a damages judgment, he could not possibly obtain one, as everyone he might sue (Congress? the Attorney General? the U.S. Attorney? the warden of the prison in which he is incarcerated?) would have immunity. If he wants neither release nor damages, and is pursuing the suit out of merely academic curiosity about the constitutionality of the statute under which he was convicted, then he does not have the kind of interest in the outcome of the suit that will support federal jurisdiction, consistently with Article III of the Constitution. But probably he seeks a key that will unlock the prison door to him, and that quest, though one that he has standing to pursue, is barred by the waiver doctrine. The suit has no possible merit, therefore, and so was properly dismissed.

Affirmed.
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4913 Engrossed in House (EH)]

<DOC>
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
115th CONGRESS
  2d Session
                                H. R. 4913

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
  at 816 East Salisbury Parkway in Salisbury, Maryland, as the ``Sgt. 
             Maj. Wardell B. Turner Post Office Building''.

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

SECTION 1. SGT. MAJ. WARDELL B. TURNER POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 816 East Salisbury Parkway in Salisbury, Maryland, shall be 
known and designated as the ``Sgt. Maj. Wardell B. Turner Post Office 
Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Sgt. Maj. 
Wardell B. Turner Post Office Building''.

            Passed the House of Representatives September 13, 2018.

            Attest:

                                                                 Clerk.
115th CONGRESS

  2d Session

                               H. R. 4913

_______________________________________________________________________

                                 AN ACT

 To designate the facility of the United States Postal Service located 
  at 816 East Salisbury Parkway in Salisbury, Maryland, as the ``Sgt. 
             Maj. Wardell B. Turner Post Office Building''.
```
Schedule of Agreements Substantially Identical to Exhibit 10.1



 Exhibit 10.2 
  
 SCHEDULE OF AGREEMENTS 
 SUBSTANTIALLY IDENTICAL IN ALL MATERIAL RESPECTS TO THE 
 AGREEMENT FILED AS EXHIBIT 10.1 TO THIS
CURRENT REPORT ON FORM 
 8-K, PURSUANT TO INSTRUCTION 2 TO ITEM 601 OF REGULATION S-K 
  
 Ventas, Inc. and ElderTrust Operating Limited Partnership have entered into an OP
Contribution Agreement dated as of April 12, 2005 with each of the holders of common units of limited partnership interest (the “LTIP Units”) issued pursuant to the Long Term Incentive Plan of Provident Senior Living Trust listed in the
table below, which agreements are substantially identical in all material respects to the agreement filed as Exhibit 10.1 to this Current Report on Form 8-K, except for differences relating to the holder and the number of LTIP Units held by such
holder. 
  

			
	 Holder

	  	Number of LTIP Units


	 Charles A. Post
	  	91,500
	 William B. Ciorletti
	  	99,250
	 Saul A. Behar
	  	42,000
	 Mark A. Doyle
	  	20,000
	 Randolph W. Jones
	  	20,000
	 Frederic H. Lindeberg
	  	20,000
	 Marie P. Mueller
	  	3,500
	 Geoffrey Domal
	  	2,500
	 Nancy R. Mele
	  	1,500
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This Schedule contains summary financial information extracted from the
Enamelon, Inc. Balance Sheet as of December 31, 1999 and the Statement of
Operations for the year ended December 31, 1999 and is qualified in its entirety
by reference to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                       1,284,322
<SECURITIES>                                         0
<RECEIVABLES>                                1,468,795
<ALLOWANCES>                                    51,017
<INVENTORY>                                  1,752,117
<CURRENT-ASSETS>                             4,924,972
<PP&E>                                       3,502,334
<DEPRECIATION>                               2,255,130
<TOTAL-ASSETS>                               7,419,438
<CURRENT-LIABILITIES>                        7,326,166
<BONDS>                                              0
<PREFERRED-MANDATORY>                          383,625
<PREFERRED>                                          0
<COMMON>                                        15,835
<OTHER-SE>                                  (1,034,520)
<TOTAL-LIABILITY-AND-EQUITY>                 7,419,438
<SALES>                                     16,648,916
<TOTAL-REVENUES>                            16,648,916
<CGS>                                        7,008,362
<TOTAL-COSTS>                                7,008,362
<OTHER-EXPENSES>                            29,397,954
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                            (113,669)
<INCOME-PRETAX>                           (119,528,356)
<INCOME-TAX>                                 1,485,734
<INCOME-CONTINUING>                        (18,042,622)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (18,042,622)
<EPS-BASIC>                                      (1.57)
<EPS-DILUTED>                                    (1.57)



</TABLE>
Exhibit 32.1

                            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 Gammacan International Inc.
(the "Company") on Form 10-QSB for the period ending December 31, 2004 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Dan J. Gelvan, Chief Executive Officer of the Company, certify, pursuant to
18 U.S.C. 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 and 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.

Date:  February 11, 2005                                By: /s/ DAN J. GELVAN
                                                            ------------------
                                                        Dan J. Gelvan
                                                        Chief Executive Officer
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4921 Engrossed in House (EH)]

<DOC>
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
115th CONGRESS
  2d Session
                                H. R. 4921

_______________________________________________________________________

                                 AN ACT

 
   To require the Surface Transportation Board to implement certain 
     recommendations of the Inspector General of the Department of 
                            Transportation.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``STB Information Security Improvement 
Act''.

SEC. 2. REQUIREMENTS.

    (a) In General.--The Surface Transportation Board (in this section 
referred to as the ``STB'') shall develop a timeline and plan to 
implement the recommendations of the Inspector General of the 
Department of Transportation in Report No. FI2018002, including 
improvements--
            (1) to identify controls, including risk management, 
        weakness remediation, and security authorization;
            (2) to protect controls, including configuration 
        management, user identity and access management, and security 
        training;
            (3) to detect controls, including continuous monitoring;
            (4) to respond controls, including incident handling and 
        reporting;
            (5) to recover controls for contingency planning; and
            (6) any additional tools that will improve the 
        implementation of the recommendations.
    (b) Implementation.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the STB shall submit the plan and 
        timeline developed under subsection (a) to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce of the Senate.
            (2) Report.--The STB shall report annually to such 
        Committees on the progress on implementation of the 
        recommendations until the implementation is complete.
            (3) Plan implementation.--The STB shall designate an 
        individual to implement the plan developed under subsection 
        (a).

SEC. 3. NO ADDITIONAL FUNDS AUTHORIZED.

    No additional funds are authorized to carry out the requirements of 
this Act. Such requirements shall be carried out using amounts 
otherwise authorized.

            Passed the House of Representatives April 10, 2018.

            Attest:

                                                                 Clerk.
115th CONGRESS

  2d Session

                               H. R. 4921

_______________________________________________________________________

                                 AN ACT

   To require the Surface Transportation Board to implement certain 
     recommendations of the Inspector General of the Department of 
                            Transportation.
```
**Exhibit32.2**

**WRITTENSTATEMENT OF THE PRINCIPAL FINANCIAL OFFICER**

**PURSUANTTO 18 U.S.C. 1350**

Solely for the purposes of complying with 18 U.S.C.1350, I, the undersigned Vice President of Finance of Liquidmetal Technologies,Inc. (the “Company”), hereby certifies, based on my knowledge, that theQuarterly Report on Form 10-Q of the Company for the quarter ended March 31,2007, (the “Report”) fully complies with the requirements of Section 13 (a) ofthe Securities Exchange Act of 1934 and that the information contained in theReport fairly presents, in all material respects, the financial condition andresults of operations of the Company.
| /s/ Won Chung                        |   |
|--------------------------------------|--------|
| Won Chung, Vice President of Finance |
| May 15, 2007                         |

 

----