alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS


We have issued our reports dated January 27, 2004 accompanying the consolidated
financial statements included in the 2003 Annual Report of SVB Financial
Services, Inc. on Form 10-K for the year ended December 31, 2003. We hereby
consent to the incorporation by reference of said report in the Registration
Statements of SVB Financial Services, Inc. on Form S-8 (File No. 333-66131,
effective October 26, 1998, File No. 333-66165 effective October 27, 1998, File
Nos. 333-40778 and 333-40754, effective July 3, 2000, File No. 333-76948,
effective January 18, 2002 and File Nos. 333-113105 and 333-113106, effective
February 26, 2004.



/s/ Grant Thornton LLP
--------------------------
Philadelphia, Pennsylvania
March 29, 2004
* 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this opinion should not be published and is not precedent except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. 98-40510 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellant,

versus

MOISES CORDERO-GODINEZ,

Defendant-Appellee.

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

for the Southern District of Texas

USDC No. M-97-CR-374-1

- - - - - - - - - -

March 9, 1999

Before HIGGINBOTHAM, JONES, and DENNIS, Circuit Judges.

PER CURIAM: *

Moises Cordero-Godinez was convicted for attempting

illegally to enter the United States after having been previously

deported in violation of 8 U.S.C. § 1326(a). Cordero has appealed

his sentence, which was enhanced under 8 U.S.C. § 1326(b)(2).

Cordero contends for the first time on appeal that the district

court erred in enhancing Cordero’s sen tence pursuant to

§ 2L1.2(b)(1)(A) because the definition of “aggravated felony” in

8 U.S.C. § 1101(a)(43)(G) is unconstitutionally vague as applied to

him. Because this issue was not raised in the district court, weNo. 98-40510

-2-

review it for plain error only. S ee United States v. Spi res , 79

F.3d 464, 465-66 (5th Cir. 1996); see also United States v.

Knowles

, 29 F. 3d 947, 950-51 (5th Cir. 1994) (alleged constitutio nal error in criminal conviction reviewed for plain error).

This court does not follow contrary authority from other circuits.

see
, e.g.
, U.S. v. Tabocca

, 924 F.2d 906, 912 (9th Cir. 1991). To

demonstrate plain error, an appellant must show clear or obvious

error that affects his substantial rights; if he does, this court

has discretion to correct a forfeited error that seriously affects

the fairness, integrity, or public reputation of ju dicial

proceedings, but is not required to do so. U nited States v.

Calverley

, 37 F.3d 160, 162-64 (5th Cir. 1994) (en banc) (citing

United States v. Olano , 507 U.S. 725, 730-35 (1993)).

The Federal Public Defender does no service to the courts

or its client when it raises issues like this for the first time on

appeal. Bound as we are by Olano, we are not required to express

a view on the merits of appellant’s challenge except to note that

it is highly dubious that the vagueness doctrine applies to

sentencing statutes that merely pertain to “the statutory range

[within which] the guideline sentence will fall.” U nited States v.

Pearson

, 910 F.2d 221, 223 (5th Cir. 1990). Moreover, there is no

adverse effect on this appellant’s substantial rights, nor does his

sentence reflect adversely on the fairness, integrity or public

adversely perception of judicial proceedings.

AFFIRMED.
#### Loran SCHMIT, Appellant, v. INTERNATIONAL FINANCE MANAGEMENT COMPANY; The Estate of John L.A. Bond; Investment Finance Management Company, Inc., a Florida Corporation, Appellees.

No. 91-3013.

United States Court of Appeals, Eighth Circuit.

Submitted Nov. 12, 1992.

Decided Nov. 20, 1992.

Clarence E. Mock, Oakland, Neb., for appellant.

Patricia Lamberty, Omaha, Neb., and Stanley Munger, Sioux City, Iowa, for ap-pellees.

Before FAGG, BOWMAN, and WOLLMAN, Circuit Judges.

PER CURIAM.

Loran Schmit appeals the district court’s order dismissing his 25 U.S.C. § 81 (1988) action for lack of standing. We affirm.

Schmit contends the appellees violated § 81 by contracting with the Winnebago Indian Tribe to operate Winn-A-Bingo bingo halls on tribal land without first obtaining approval from the Secretary of the Interior. The district court dismissed the action for lack of standing because Schmit did not allege injury and was not within the zone of interests protected by § 81.

Standing is a threshold issue, and Schmit must fulfill standing requirements to bring this action. *See Warth v. Seldin,*422 U.S. 490, 498-502, 95 S.Ct. 2197, 2204-2207, 45 L.Ed.2d 343 (1975). Title 25 U.S.C. § 81 “was enacted solely for the protection and benefit of Indians.” *United States ex rel. Shakopee Mdewakanton Sioux Community v. Pan Am. Management Co.,*616 F.Supp. 1200, 1208 (D.Minn.1985), *appeal dismissed,*789 F.2d 632 (8th Cir.1986). Schmit, a nonlndian, has alleged no injury from the appellees’ contract with the Winnebago Indian Tribe and is not within the zone of interests protected by § 81. *See id.*at 1207-08; *Enterprise Management Consultants, Inc. v. United States,*685 F.Supp. 221, 222-23 (W.D.Okla.1988), *aff'd,*883 F.2d 890 (10th Cir.1989). Thus, Schmit lacks standing to bring this action against the appellees.

Accordingly, we affirm.
Order entered March 6, 2015

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-14-01298-CV

TEXAS TRUE CHOICE, INC., Appellant

V.

BAYLOR HEALTH CARE SYSTEM, Appellee

On Appeal from the 14th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-13-11409

ORDER

We GRANT appellant’s March 3, 2015 unopposed second motion for an extension of 

time to file a brief. Appellant shall file a brief by APRIL 6, 2015. We caution appellant that no 

further extension of time will be granted absent extraordinary circumstances.

/s/ ELIZABETH LANG-MIERS 

JUSTICE
# United States Court of Appeals **for the Fifth Circuit**

No. 20-60525 Summary Calendar

Talal Saleh Abdo Rowaid, also known as Telel Rowid, also known as Telal Saleh Rowaid, also known as Randy Nagi, also known as Ali Nagi, also known as Randy Ali Mohammad, also known as Naji Ali Mohammad,

Petitioner ,

versus
Merrick Garland, U.S. Attorney General , Respondent

.

Petition for Review of an Order of the Board of Immigration Appeals BIA No. A055 780 083

Before Davis, Jones, and Elrod, Circuit Judges

. Per Curiam: * Talal Saleh Abdo Rowaid, a native and citizen of Yemen, petitions for review of an order by the Board of Immigration Appeals (BIA) summarily

* Pursuant to 5th Circuit 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 5th Circuit Rule 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED September 24, 2021 Lyle W. Cayce Clerk Case: 20-60525 Document: 00516029706 Page: 1 Date Filed: 09/24/2021No. 20-60525

2 dismissing his appeal from the denial of his applications for applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). We can review a final order of removal only when “the alien has exhausted all administrati ve remedies available to the alien as of right.” 8 U.S.C . § 1252(d)(1). To exhaust administrative remedies, the petitioner must first raise the issue before the BIA “either on direct appeal or in a motion to reopen.” Omari v. Holder , 562 F.3d 314, 318 (5th Cir. 2009). The BIA summarily dismissed Rowaid ’s appeal of the denial of his applications for asylum, withholding of removal, and protection under the CAT, pursuant to 8 C.F.R. § 1003.1 (d)(2)(i)(G), because it was not filed within the 30-day time limit for such appe als. Rowaid does not argue that the summary dismissal was improper and has thus abandoned this issue. See Chambers v. Mukasey , 520 F.3d 445, 448 n. 1 (5th Cir. 2008); Soadjede v. Ashcroft , 324 F.3d 830, 833 (5th Cir. 2003). Even if Rowaid had not abandoned the issue, we review a summary dismissal for an abuse of discretion. Rioja v. Ashcroft , 317 F.3d 514, 515 (5th Cir. 2003). The BIA did not abuse its discretion by summarily dismissing the appeal because it was not filed within the specified period. See Townsend v. U.S. Dep’t of Justice I.N.S. , 799 F.2d 179, 181-82 (5th Cir. 1986). Accordingly, the respondent’s mo tion to dismiss the appeal is GRANTED , and Rowaid’s petition for review is DISMISSED . Rowaid’s motion for appointment of counsel is DENIED

. Case: 20-60525 Document: 00516029706 Page: 2 Date Filed: 09/24/2021
EXHIBIT 23.1


               CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS

         As independent certified public accountants, we hereby consent to the
incorporation of our report included in this Form 10-K, into the Company's
previously filed Registration Statements on Form S-8 (File No. 333-07021), Form
S-3 (File Nos. 333-40429 and 333-55881), Post-Effective Amendment No. 1 on Form
S-8 to Form S-4 (File No. 333-51479-01), and Post-Effective Amendment No. 3 on
Form S-3 to Form S-4 (File No. 333-51479-03).

ARTHUR ANDERSEN LLP

Miami, Florida,
April 17, 2001.
[Federal Register Volume 89, Number 21 (Wednesday, January 31, 2024)]
[Notices]
[Pages 6097-6098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01916]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD688]


Caribbean Fishery Management Council; Public Meeting

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of public virtual meeting.

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

SUMMARY: The Caribbean Fishery Management Council's (Council) District 
Advisory Panels (DAPs) will hold a public virtual joint meeting to 
discuss the items contained in the tentative agenda included in the 
SUPPLEMENTARY INFORMATION.

DATES: The DAPs public virtual joint meeting will be held on February 
21, 2024, from 10a.m. to 3:30 p.m. The meeting will be at Atlantic 
standard time (AST).

ADDRESSES: You may join the DAPs public virtual joint meeting (via 
Zoom) from a computer, tablet or smartphone by entering the following 
addresses:

Join Zoom Meeting: DAPs https://us02web.zoom.us/j/88004907357?pwd=ZnRPL0g4ekMzWHRJUzA1K1FoRnVOdz09
Meeting ID: 880 0490 7357
Passcode: 849982
One tap mobile:

[[Page 6098]]

+17879451488,,88004907357#,,,,*849982# Puerto Rico
+17879667727,,88004907357#,,,,*849982# Puerto Rico
Dial by your location:
<bullet> +1 787 945 1488 Puerto Rico
<bullet> +1 787 966 7727 Puerto Rico
<bullet> +1 939 945 0244 Puerto Rico
<bullet> +1 669 444 9171 US
Meeting ID: 880 0490 7357
Passcode: 849982
Find your local number: https://us02web.zoom.us/u/kbtRmz6s7w

FOR FURTHER INFORMATION CONTACT: Miguel Rol[oacute]n, Executive 
Director, Caribbean Fishery Management Council, 270 Mu[ntilde]oz Rivera 
Avenue, Suite 401, San Juan, Puerto Rico 00918-1903; telephone: (787) 
398-3717.

SUPPLEMENTARY INFORMATION: The items included in the tentative agenda 
are:

February 21, 2024

10 a.m. to 12 p.m.

--Environmental Equal Justice--Heather Blough, NOAA Fisheries, SERO

1:30 p.m.-3 p.m.

--NOAA Fisheries Permits Process Presentation--Jessica Stephen, NOAA 
Fisheries, SERO

3 p.m.-3:30 p.m.

--Other Business

    Other than the starting date and time the order of business may be 
adjusted as necessary to accommodate the completion of agenda items, at 
the discretion of the Chair.
    The meeting will begin on February 21, 2024 at 10 a.m. AST, and 
will end on February 21, 2024, at 3:30 p.m. AST.

Special Accommodations

    For any additional information on this public hybrid meeting, you 
may contact Diana Martino, Caribbean Fishery Management Council, 270 
Mu[ntilde]oz Rivera Avenue, Suite 401, San Juan, Puerto Rico, 00918-
1903, telephone: (787) 226-8849.
    Authority: 16 U.S.C. 1801 et seq.

    Dated: January 26, 2024.
Rey Israel Marquez,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2024-01916 Filed 1-30-24; 8:45 am]
BILLING CODE 3510-22-P
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 the Interior

###### Bureau of Indian Affairs

          - [245A2100DD/AAKC001030/A0A501010.999900]

# AGENCY:

Bureau of Indian Affairs, Interior.

# ACTION:

Notice.

# SUMMARY:

This notice publishes the approval of the Tribal-State Compact between the Assiniboine & Sioux Tribes of the Fort Peck Indian Reservation, Montana and the State of Montana.

# DATES:

The compact takes effect on January 29, 2024.

# FOR FURTHER INFORMATION CONTACT:

                        Ms. Paula L. Hart, Director, Office of Indian Gaming, Office of the Assistant Secretary—Indian Affairs, Washington, DC 20240,                         *IndianGaming@bia.gov;*                         (202) 219-4066.                    

# SUPPLEMENTARY INFORMATION:

                    Under section 11 of the Indian Gaming Regulatory Act (IGRA), Public Law 100-497, 25 U.S.C. 2701*et seq.,*                     the Secretary of the Interior shall publish in the                     **Federal Register**                     notice of approved Tribal-State compacts for the purpose of engaging in Class III gaming activities on Indian lands. As required by 25 CFR 293.4, all compacts and amendments are subject to review and approval by the Secretary. The Compact raises the maximum allowed prize values on certain class III games and allows for the Tribes to offer sports betting, in addition to previously authorized games. The Compact is approved.                

Bryan Newland,

Assistant Secretary—Indian Affairs.

[FR Doc. 2024-01700 Filed 1-26-24; 8:45 am]

BILLING CODE 4337-15-P
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. 95-30527 

Summary Calendar

__________________

UNITED STATES OF AMERICA,

 Plaintiff-Appellee,

versus

KEVIN A. YANCY, a/k/a Kevin Yancy,

 Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Eastern District of Louisiana

USDC No. 94-CR-178

- - - - - - - - - -

June 10, 1996

Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:*

Court-appointed counsel for Kevin A. Yancy has filed a brief

as required by Anders v. California, 386 U.S. 738 (1967), and we

have independently reviewed counsel's brief, the points raised by

Yancy in response to that brief, and the record, and found no

nonfrivolous issue under the extant jurisprudence. Accordingly,

counsel is excused from further responsibilities herein and the

APPEAL IS DISMISSED.
<PAGE>

                                                                    Exhibit 23.1

                          INDEPENDENT AUDITORS' CONSENT

We consent to the incorporation by reference in the Registration Statement No.
333-77625 on Form S-8 of On-Site Sourcing, Inc. of our report dated January 31,
2000, except for note 7 which is dated March 1, 2000, relating to the balance
sheets of On-Site Sourcing, Inc. as of December 31, 1999 and 1998, and the
related statements of operations, stockholders' equity and cash flows for the
years then ended, which report appears in the December 31, 1999 annual report on
Form 10-KSB of On-Site Sourcing, Inc.

/s/ Reznick Fedder & Silverman

Bethesda, Maryland
March 30, 2000
#### UNITED STATES of America, Plaintiff-Appellee, v. Maria Luisa MARTIN, a/k/a Luisa Maria Martin, a/k/a Maria Martin Sanchez, Defendant-Appellant.

No. 02-4543.

United States Court of Appeals, Fourth Circuit.

Submitted Dec. 20, 2002.

Decided Jan. 31, 2003.

Thomas P. McNamara, Federal Public Defender, Stephen C. Gordon, Assistant Federal Public Defender, Raleigh, North Carolina, for Appellant. Scott L. Wilkinson, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.

Before LUTTIG and TRAXLER, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished PER CURIAM opinion.

OPINION

PER CURIAM.

Maria Luisa Martin appeals her conviction and sentence pursuant to a violation of 8 U.S.C. §§ 1326(a) and (b)(2) (2000). Martin’s counsel has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Although counsel states that there are no meritorious issues for appeal, he argues *185that § 1326 is unconstitutional in light of the Supreme Court’s holding in *Apprendi v. New Jersey,*530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Neither Martin nor the United States filed a brief. In accordance with *Anders,*we have considered counsel’s brief and have examined the entire record for meritorious issues. We find no error and affirm.

On appeal, Martin’s counsel argues that § 1326 is unconstitutional under the holding in *Apprendi.*We have reviewed the record and find this appeal foreclosed by *Almendarez-Torres v. United States,*523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), and by our decision in *United States v. Sterling,*283 F.3d 216 (4th Cir.), *cert. denied,*— U.S.-, 122 S.Ct. 2606, 153 L.Ed.2d 792 (2002).

In accordance with *Anders,*we have reviewed the entire record in this case and have found no meritorious issues for appeal. We therefore affirm Martin’s conviction and sentence. This court requires that counsel inform his client, in writing, of her right to petition the Supreme Court of the United States for further review. If the client requests that a petition be filed, but counsel believes that such a petition would be frivolous, then counsel may move in this court for leave to withdraw from representation. Counsel’s motion must state that a copy thereof was served on the client.

We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

*AFFIRMED.*
EXHIBIT 10





Amendment No. 1 to the Exclusive Development and Commercialization Agreement, dated as of May 11, 2001 Between InterMune, Inc. and Molichem R&D, Inc.





Our signatures below approve this document as Amendment No. 1 (Amendment) to that certain Exclusive Development and Commercialization Agreement, dated as of May 11, 2001, between InterMune,
Inc. and MoliChem R&D, Inc. (the Agreement). All capitalized terms that are not defined in this Amendment No. 1 shall have the meaning ascribed to such capitalized terms in the Agreement.





1.    Section 3 (b) of Exhibit A to the Agreement is hereby deleted in its entirety and replaced with the following:





(b) Payments.    As provided in Section 6.2 of the Agreement, the Parties shall
share equally (50%/50%) the Profits and Losses for each quarterly period. Within 14 days following the beginning of each quarter, InterMune will transfer to MoliChem fifty percent (50%) of InterMunes estimated share of Development costs for
that quarter based on the budget for that quarter and the amount expected to be expended by each party. No later than thirty (30) days following the close of each calendar quarter, InterMune shall submit an invoice to each Party for the amount of
any balancing payment required to meet fifty percent (50%) of the Budget for the preceding quarter. Such balancing payment would consider amounts paid by each party during the quarter, including transfers made to MoliChem by InterMune during the
quarter. The amounts invoiced shall be payable no later than forty-five (45) days following the close of each calendar quarter.





2.    The penultimate sentence of the second paragraph on page 3 of Exhibit A is hereby deleted in its entirety and replaced with the following:





To the extent any quarterly or year-end adjustments to InterMoli are determined in good faith by InterMune to be appropriate, an appropriate adjustment to Profits and
Losses for the applicable quarter or year will be made, and an appropriate payment will be made by the applicable Party within forty-five (45) days following the close of each calendar quarter.





3.    All other sections and exhibits of the Agreement remain unchanged.





4.    This Amendment No. 1 to the Agreement is made effective as July 1, 2002.





INTERMUNE, INC.

MOLICHEM R&D, INC.By:    /S/    STEPHEN N.
ROSENFIELD

By:    /S/    LUIS
MOLINASenior Vice President of Legal Affairs

President/CEOAnd General Counsel




1
EX-10.54






ALLONGE TO MORTGAGE NOTE

(Shreveport)




This Allonge to Mortgage Note (“Allonge”) is made as of this 10th day of January,
2012, by and G&E HC REIT II Shreveport SNF, LLC, a Delaware limited liability company (“Borrower”)
to Capital Funding, LLC (“Lender”).



WHEREAS, Red River Associates, L.P., a Georgia limited partnership (“Original Borrower”)
signed a Mortgage Note dated July 1, 2010 (the “Note”) in the original principal amount of
$11,120,400.00; and



WHEREAS, pursuant to an Assumption, Modification and Release Agreement dated of even date
herewith (the “Assumption Agreement”), Borrower has assumed the Note from the Original Borrower and
the Borrower desires to enter into this Allonge to reflect such assumption.



NOW, THEREFORE, for good and valuable consideration and intending to be legally bound hereby,
the parties hereto agree as follows:



(1) The said Note is hereby amended to substitute the Borrower for the Original Borrower under
the Note. Said Borrower shall assume all liability under the Note arising as of the date hereof
and the Original Borrower shall be released from liability under the Note as provided in the
Assumption Agreement.



(2) Except as expressly amended hereby, the Note shall remain unchanged and in full force and
effect.



[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]







1






IN WITNESS WHEREOF, this Allonge to Mortgage Note is made as of the day and year first written
above.




G&E HC REIT II Shreveport SNF, LLC, a Delaware
limited liability company




By: /s/ Danny Prosky

Name: Danny Prosky

Title: Authorized Signatory





2