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. 02-40286

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ANTONIA BERRY, also known as Tony Berry,

DefendantAppellant.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 1:92-CR-93-1

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

September 30, 2002

Before JONES, STEWART and DENNIS, Circuit Judges.

PER CURIAM: *

Antonia Berry, federal prisoner # 03256-043, appeals the district court’s denial of his motion

to reduce sentence pursuant to 18 U.S.C. § 3582(c). Berry argues that his base offense level should

be reduced unde r Amendment 505 to the sentencing guidelines. Section 3582(c)(2) authorizes a

reduction in the term of imprisonment imposed when a sentencing range subsequently has been

lowered by the Sentencing Commission and the amendment has been made retroactive. Berry has2

not shown that a reduction in his base off ense level based on Amendment 505 would result in a

change in the applicable term of impriso nment. The district court did not abuse its discretion in

denying the motion. Therefore, we dismiss this appeal as frivolous, no t ing t hat Berry raised an

identical and unsuccessful motion to reduce his sentence in 1995. S ee 5 TH C IR

. R. 42.2; Howard v.

King , 707 F.2d 215, 219-20 (5th Cir. 1983).

We do not address the various other issues raised by Berry in his appellate brief because these

issues were not raised before the district court or exceed the scope of h is 18 U.S.C. § 3582(c)

motion. The motion for judicial notice and the supplemental motion are DENIED.

Berry is CAUTIONED that further frivolous filings may result in the imposition of sanctions,

including dismissal, monetary sanctions, and restrictions on his ability to file pleadings in this court

and any court subject to this court’s jurisdiction.

APPEAL DISMISSED AS FRIVOLOUS; MOTIONS DEN IED; SANCTIONS WARNING

ISSUED.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

JORGE LUIS RESENDIZ

- MEJIA,

Petitioner,

v. WILLIAM P. BARR, Attorney General,

Respondent. No. 18

- 72561 Agency No. A077

- 228

- 035

MEMORANDUM *

On Petition for Review of an Order of the

Immigration Judge Submitted December 11, 2019 **
Before: WALLACE, CANBY, and TASHIMA, Circuit Judges. Jorge Luis Resendiz

- Mejia , a native and citizen of Mexico, petitions for review of an immigration judge’s (“IJ”) determination under 8 C.F.R. § 1208.31(a) that he did not have a reasonable fear of persecution or torture in Mexico and thus
is not entitled to relief from his reinsta ted removal order. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the IJ’s factual

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

DEC 18 2019
MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS2 18

- 72561

findings

. Andrade

- Garcia v. Lynch , 828 F.3d 829, 836 (9th Cir. 2016)

. We review de novo claims of due process violations in immigration p roceedings. Cruz
Rendon v. Holder , 603 F.3d 1104, 1109 (9th Cir. 2010). We deny the petition for
review.
Resendiz

- Mejia does not challenge the agency’s determination that he failed to demonstrate a reasonable possibility of persecution on account of a p rotected ground. See Martinez

- Serrano v. INS , 94 F.3d 1256, 1259

- 60 (9th Cir. 1996) (issues not specifically raised and argued in a party’s opening brief are waived).
Substantial evidence supports the IJ ’ s determination that Resendiz

- Mejia
f ailed to demonstrate a reasonable possibility of torture by or with the consent or acquiescence of the government if returned to Mexico

. See Andrade

- Garcia , 828
F.3d at 836

- 37. We reject as unsupported by the record Resendiz

- M ejia ’s contention s that
the IJ abused his discretion or violated Resendiz

- Mejia’s due process rights by “disallowing” testimony during his reasonable fear hearing

. See Lata v. INS , 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error to prevail on a due process claim)

. P ETITION FOR REVIEW DENIED.
EXHIBIT
31.3
 **CERTIFICATIONS**
 
 I, Larry
Hannappel, certify that:
 
 1. I have
reviewed this annual report on Form 10-K/A of Century Casinos,
Inc.;
 
 2. Based
on my knowledge, this annual report 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 annual
report;
 
 3.
[INTENTIONALLY OMITTED]
 
 4. The
registrant's other certifying officers and I are responsible for establishing
and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-15(e) and 15d-15(e)) for the registrant and have:
 
 a)
designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that
material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this annual report is being prepared;
 
 b)
evaluated the effectiveness of the registrant's disclosure controls and
procedures and presented in this annual report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the
period covered by this annual report based on such evaluation; and
 
 c)
disclosed in this annual report any change in the registrant's internal control
over financial reporting that occurred during the registrant's most recent
fiscal quarter that has materially affected, or is reasonably likely to
materially affect, the registrant's internal control over financial reporting;
and
 
 5. The
registrant's other certifying officers and I have disclosed, based on our most
recent evaluation of internal control over financial reporting, to the
registrant's auditors and the audit committee of the registrant's board of
directors (or persons performing the equivalent function):
 
 a) all
significant deficiencies and material weaknesses in the design or operation of
internal control over financial reporting which are reasonably likely to
adversely affect the registrant's ability to record, process, summarize and
report financial information; and
 
 b) any
fraud, whether or not material, that involves management or other employees who
have a significant role in the registrant's internal control over financial
reporting.
 
 Date:
April 27, 2005
 
 
 By:
/s/ Larry Hannappel
 Larry
Hannappel
 Senior
Vice-President, Secretary and Treasurer
<PAGE>   1
                        INDEPENDENT AUDITORS' CONSENT


        We consent to the incorporation by reference in the Registration
Statements of Hycor Biomedical Inc. and subsidiaries on Form S-8 Nos. 33-25427,
33-25428, 33-25429, 33-25430, 33-32767, 33-43280, 33-63798 and 33-63800 and
Form S-3 No. 33-40475 of our report dated February 29, 1996, appearing in this
Annual Report on Form 10-K of Hycor Biomedical Inc. and subsidiaries for the
year ended December 31, 1995.


DELOITTE & TOUCHE LLP

Costa Mesa, California
March 29, 1996




                                       51
EXHIBIT 32.01***CERTIFICATION BY CHIEF EXECUTIVE OFFICER***     I, Bruce Cleland, the Chief Executive Officer of Campbell & Company, Inc. as generalpartner of Campbell Strategic Allocation Fund, L.P., certify that (i) the Form 10K for the yearended December 31, 2005 of Campbell Strategic Allocation Fund, L.P. fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and (ii) theinformation contained in the Form 10K for the year ended December 31, 2005 fairly presents, in allmaterial respects, the financial condition and results of operations of Campbell StrategicAllocation Fund, L.P.         CAMPBELL STRATEGIC ALLOCATION FUND, L.P.    By: Campbell & Company, Inc., general partner           By: /s/ Bruce L. Cleland Bruce L. Cleland      Chief Executive Officer      March 31, 2006  
E 4
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 State

          - [Public Notice: 12308]

# SUMMARY:

                        Notice is hereby given of the following determinations: I hereby determine that a certain object being imported from abroad pursuant to an agreement with its foreign owner or custodian for temporary display in the exhibition “George Gershwin and Modern Art: A Rhapsody in Blue” at Artis—Naples, The Baker Museum, in Naples, Florida, and at possible additional exhibitions or venues yet to be determined, is of cultural significance, and, further, that its temporary exhibition or display within the United States as aforementioned is in the national interest. I have ordered that Public Notice of these determinations be published in the                         **Federal Register**                        .                    

# FOR FURTHER INFORMATION CONTACT:

                        Reed Liriano, Program Coordinator, Office of the Legal Adviser, U.S. Department of State (telephone: 202-632-6471; email:                         *section2459@state.gov*). The mailing address is U.S. Department of State, L/PD, 2200 C Street NW (SA-5), Suite 5H03, Washington, DC 20522-0505.                    

# SUPPLEMENTARY INFORMATION:

                    The foregoing determinations were made pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681,                     *et seq.;*22 U.S.C. 6501 note,                     *et seq.*), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236-3 of August 28, 2000, and Delegation of Authority No. 523 of December 22, 2021.                

Nicole L. Elkon,

Deputy Assistant Secretary for Professional and Cultural Exchanges, Bureau of Educational and Cultural Affairs, Department of State.

[FR Doc. 2024-00962 Filed 1-18-24; 8:45 am]

BILLING CODE 4710-05-P
Exhibit 99.3

# CERTIFICATION PURSUANT
TO18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO

# SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

The undersigned hereby certifies, in
accordance with 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, in his capacity as an officer of Emmis Operating Company (the
Company), that, to his knowledge:

|(1) | the Quarterly Report of the Company on Form 10-Q for the period ended May 31,
          2003, 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 such report fairly presents, in all material
          respects, the financial condition and results of operations of the Company.
|--- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------

Dated: July 15, 2003

| | /s/ JEFFREY H. SMULYAN
Jeffrey H. Smulyan
Chairman of the Board, President and
Chief Executive Officer
| | ------------------------------------------------------------------------------------------------------
EXHIBIT 23

CONSENT OF INDEPENDENT AUDITORS

We consent to the inclusion in this Annual Report (Form 10-K) of AirNet Systems, Inc. of our report dated February, 8, 2002 with respect
to the consolidated financial statements and financial statement schedule of AirNet Systems, Inc. included herein.

We
also consent to the incorporation by reference in the Registration Statements (Form S-8 No. 33-08189 and No. 333-62659)
pertaining to the AirNet Systems, Inc. Amended and Restated 1996 Incentive Stock Plan and the Registration Statement (Form S-8 No. 333-43605) pertaining to
the AirNet Systems, Inc. Retirement Savings Plan of our report dated February 8, 2002, with respect to the consolidated financial statements and financial statement schedule of AirNet
Systems, Inc. included in this Annual Reports (Form 10-K) of AirNet Systems, Inc.

/s/
Ernst & Young LLP

Columbus,
Ohio
March 26, 2002

---

QuickLinks
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

JIMMY THOMPSON, ) ) Appellant, ) ) v. ) Case No. 2D16-4218 ) STATE OF FLORIDA, ) ) Appellee. ) ___________________________________) Opinion filed March 7, 2018. Appeal from the Circuit Court for Pasco County; Mary M. Handsel, Judge. Howard L. Dimmig, II, Public Defender, and Matthew Overpeck, Assistant Public Defender, Bartow; and Jorge Angulo of Angulo Law Office, P.A., Pinellas Park, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Donna S. Koch, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Affirmed.

NORTHCUTT, SILBERMAN, and MORRIS, JJ., Concur.
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.                  

###### International Trade Commission

          - [USITC SE-24-004]

# Agency Holding the Meeting:

United States International Trade Commission.

# TIME AND DATE: 

January 25, 2024 at 11:00 a.m.

# PLACE:

Room 101, 500 E Street SW, Washington, DC 20436, Telephone: (202) 205-2000.

# STATUS:

Open to the public.

# MATTERS TO BE CONSIDERED:

                        1.                         *Agendas for future meetings:*                         none.                    

2. Minutes.

3. Ratification List.

4. Commission vote on Inv. Nos. 701-TA-489 and 731-TA-1201 (Second Review) (Drawn Stainless Steel Sinks (DSSS) from China). The Commission currently is scheduled to complete and file its determinations and views of the Commission on February 1, 2024.

                        5.                         *Outstanding action jackets:*                         none.                    

# CONTACT PERSON FOR MORE INFORMATION:

Sharon Bellamy, Supervisory Hearings and Information Officer, 202-205-2000.

The Commission is holding the meeting under the Government in the Sunshine Act, 5 U.S.C. 552(b). In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting.

By order of the Commission.

 Issued: January 12, 2024.

Sharon Bellamy,

Supervisory Hearings and Information Officer.

[FR Doc. 2024-00909 Filed 1-12-24; 4:15 pm]

BILLING CODE 7020-02-P
<PAGE>   1
                                                                    EXHIBIT 10.3

                     THIRD AMENDMENT TO EMPLOYMENT AGREEMENT

          THIS THIRD AMENDMENT, made as of the 1st day of March, 2000, by and
between MECHANICAL DYNAMICS, INC., a Michigan corporation (the "Company"),
having offices located at 2301 Commonwealth Blvd., Ann Arbor, Michigan 48105,
and DAVID PERALTA, of Livonia, Michigan ("Employee"), for the purpose of
amending that certain Employment Agreement between the Company and Employee
dated as of March 1, 1997, and amended by agreements dated as of March 1, 1998,
and as of March 1, 1999 (collectively, the "Employment Agreement").

          WITNESSETH:

          WHEREAS, the Company and Employee desire to extend the Employment
Agreement for an additional one-year period.

          NOW, THEREFORE, in consideration of the foregoing and of the mutual
covenants contained herein and in the Employment Agreement, the parties hereto
agree as follows:

          A. Section 2 of the Employment Agreement is hereby amended to extend
the term of said Agreement through March 31, 2001.

          B. Except as expressly modified herein, the Employment Agreement shall
remain in full force and effect in accordance with its terms.

          IN WITNESS WHEREOF, the parties hereto have duly executed this Third
Amendment as of the day and year first above written.

WITNESS:                                                   COMPANY

                                                   MECHANICAL DYNAMICS, INC.

/s/ Linda K. Moore                           By: /s/ Robert R. Ryan, President
-------------------------                        ------------------------------
                                                 Robert R. Ryan, President

                                                           EMPLOYEE

/s/ Linda K. Moore                               /s/ David Peralta
-------------------------                        ------------------------------
                                                 David Peralta
## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S NO. WR-91,936-02
IN RE THE STATE OF TEXAS EX REL. K IM OG G , Relator

ON MOTION F OR EMERG ENCY STAY OF TRIAL COURT P ROCEEDING S IN CAUSE NO. 2187057 IN THE HARRIS COUNTY CRIMINAL COURT AT LAW NO. 8

F ROM HARRIS COUNTY
Per curiam . O R D E R Relator filed in this Court a motio n f or emerg ency stay of proceeding s, a motion for leave to file an application for a writ of mandamus, and an application for a writ of mandamus. W e order all proceeding s in Harris County Criminal Court at L aw No. 8 pertaining to Cause Number 2187057 stay ed until further order of this Court. I T I S SO ORDERED THI S THE 25 T H DAY OF J A NUARY 2021. Do not publish
#### W. H. Savage and Others, *Plaintiffs in Error,*v. Olivine Zella Savage, *Defendant in Error.*

Opinion filed Nov. 17, 1915.

When the defendant has the legal title and the plaintiff’s claim is based entirely upon the equitable doctrine of election and conversion, he may not recover in ejectment.

Writ of Error to Circuit Court, Osceola County; Jas. W. Perkins, Judge.

Judgment affirmed.

*Johnston & Garrett,*for Plaintiffs in Error;

*Vans Agnezv & Crazvford,*for Defendant in Error.

Cockrell, J.

An action in ejectment was tried before a Referee, resulting in a judgment for the defendant.

The plaintiffs’ evidence tended to prove that Robert *306B. Savage sold a stock of cattle belonging to the estate of his deceased wife, Sarah A. Savage, and in part payment he got the lots in litigation, in 1904. Prior to his death in 1914, he conveyed the lots, to the defendant.

The theory of the plaintiffs is that under the will of the said Sarah, only a life estate in the cattle passed to her husband, and' that these plaintiffs as remaindermen could impress the same limited estate upon the realty purchased with the proceeds; in other words their rights, if enforceable, depend upon the equitable remedies of election and conversion.

If the plaintiff has not a legal title at the time of the commencement of his action in ejectment, he cannot recover. He can not support the action upon an equitable title, however clear and indisputable it may be. Paul v. Fries, 18 Fla. 573, text 584.

The evidence shows clearly the legal title in the defendant, and the judgment was clearly correct.

Affirmed.

Taylor, C. J., and Shackleford, Whitfield and Ellis, JJ., concur.
## F IFTH 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________ C ase No. 5D 23- 151 LT Case No. 2022

- SC

- 000520

_____________________________ A LICE S ANFORD , A ppellant,

v. G OLDEN P AVERS , LLC C/O C YNTIA T EIXEIRA S ANTOS , A ppellee.

_____________________________ On a ppeal from the County Court f or Duval County

. Gary Flower , J udge

. Ali ce L. S anford, O range Park, p ro se . No Appearance for A ppellee. December 19, 2023
P ER C URIAM
. A FFIRMED . E DWARDS , C.J. , W ALLIS , and L AMBERT , JJ., concur .2 _____________________________ N ot final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331 .

_____________________________