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

No. 15

- 41111 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v. FERMIN SERRANO

- ESTRADA , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:15

- CR

- 511

Before DAVIS, JONES, and GRAVES, Circuit Judges. PER CURIAM: * Fermin Serrano

- Estrada ple a d ed guilty, pursuant to a written plea agreement, to conspiracy to harbor aliens in the United States in violation of 8 U.S.C. § 1324(a)(1)(A)(v)(I), (a)(1)(A)(iii), and (a )(1)(B)(i) . The district court sentenced Serrano

- Estrada to 27 months of imprisonment. Serrano

- Estrada contends that the district court erred in denying his request for a minor

- role adjustment under U.S.S.G. § 3B1.2(b). That section

* 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 R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR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 April 21, 2016 Lyle W. Cayce Clerk Case: 15-41111 Document: 00513475493 Page: 1 Date Filed: 04/21/2016No. 15

- 41111

2 provides for a two

- level reduction “[i]f the defendant was a minor participant in [the] criminal activity.” § 3B1.2(b). Whether Serrano

- Estrada was a minor participant is a factual determination that is reviewed for clear error. See United States v. Alaniz , 726 F.3d 5 86, 626 (5th Cir. 2013). The record reflects that Serrano

- Estrada was recruited by “Chacon,” an unindicted co

- conspirator from Mexico, to transport six undocumented aliens in exchange for $50 per alien. Serrano

- Estrada , in turn, recruited co

- defendant Let icia Rodriguez for the purposes of harboring and concealing the undocumented aliens at her home. I t is undisputed that Serrano

- Estrada transported the six undocumented aliens in his vehicle for the purpose of commercial advantage and private gain. As the driver, Serrano

- Estrada’s role was central to the transportation of the undocumented aliens and “coextensive with the conduct for which he was held accountable.” United States v. Garcia, 242 F.3d 593, 598

- 99 (5th Cir. 2001)

. The district court did not c learly err in rejecting Serrano

- Estrada’s request for a minor

- role adjustment under § 3B1.2(b). Next, Serrano

- Estrada asserts that his criminal history category is “over represented or inadequate , ” but he does not present any factual or legal basis for his claim. “A party that asserts an argument on appeal, but fails to adequately brief it, is deemed to have waived it.” United States v. Scroggins , 599 F.3d 433, 446 (5th Cir. 2010) (citation omitted). Finally, Serrano

- Estrada challenges the district court’s imposition of the $100 special assessment provided by 18 U.S.C. § 3013. He argues that “this is unconstitutional and is based on no evidence.” Such a claim is foreclosed by United States v. Munoz

- Flores , 49 5 U.S. 385, 401 (1990). For the for e going reasons, we AFFIRM. Case: 15-41111 Document: 00513475493 Page: 2 Date Filed: 04/21/2016
### Michigan Supreme Court Lansing, Michigan

Robert P. Young, Jr.,
Chief Justice

Michael F. Cavanag h Marilyn Kell y Stephen J. Markma n Diane M. Hathawa y Mary Beth Kell y Brian K. Zahra,
J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk January 30, 2012

t0123 

# Order

January 30, 2012

143919

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 143919 COA: 305806 Washtenaw CC: 10-001209-FC DAVID FRANKLIN SEARS, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the October 3, 2011 order of the Court of Appeals is consider ed, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

July 31, 2006 Clifford W. Taylor, Chief Justice

Michael F. Cavanagh
Elizabeth A. Weaver 130906 Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee,

v SC: 130906 COA: 268128 Mason CC: 04-191401-FC DONALD GENE CASE, JR., Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the March 8, 2006 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

d0724 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

July 31, 2006

Clerk
----

|   | (1) | the      Company’s Quarterly Report on Form 10-Q for the period ended September 28,      2008 fully complies with the requirements of Section 13(a) or 15(d), as      applicable, of the Securities Exchange Act of 1934, as amended,      and |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | (2) | the      information contained in the report fairly presents, in all material      respects, the financial condition and results of operations of the      Company. |
|--------|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                          |                      |                                                                 |
|-------------------------------|---------------------------|----------------------------------------------------------------------|
|                          | APPLETON      PAPERS INC. |
|                          |                      |                                                                 |
| Dated:      November 10, 2008 |                      |        /s/ Thomas J. Ferree                                     |
|                          | Name:                     | Thomas      J. Ferree                                                |
|                          | Title:                    | Vice      President, Finance, Chief Financial Officer and  Treasurer |
II

Calendar No. 85

104TH CONGRESS

1ST SESSION S. 492

[Report No. 104–63]

To authorize the Secretary of Transportation to issue a certificate of

documentation for the vessel INTREPID.

IN THE SENATE OF THE UNITED STATES

MARCH 2 (legislative day, FEBRUARY 22), 1995

Mr. CHAFEE introduced the following bill; which was read twice and referred

to the Committee on Commerce, Science, and Transportation

APRIL 18, 1995

Reported, under authority of the order of the Senate of April 6 (legislative

day, April 5), 1995, by Mr. PRESSLER, without amendment

A BILL

To authorize the Secretary of Transportation to issue a

certificate of documentation for the vessel INTREPID.

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

3 SECTION 1. AUTHORIZATION OF CERTIFICATE OF DOCU4 MENTATION.

5 Notwithstanding sections 12106, 12107, and 12108

6 of title 46, United States Code, and section 27 of the Mer-
2

S 492 RS

1 chant Marine Act, 1920 (46 App. U.S.C. 883), as applica2 ble on the date of enactment of this Act, the Secretary

3 of Transportation may issue a certificate of documentation

4 for the vessel INTREPID, United States official number

5 508185.

Calendar No. 85

104TH CONGRESS

1ST SESSION S. 492

[Report No. 104–63]

A BILL

To authorize the Secretary of Transportation to

INTREPID.issue a certificate of documentation for the vessel

APRIL 18, 1995

Reported without amendment
[Federal Register Volume 89, Number 28 (Friday, February 9, 2024)]
[Notices]
[Page 9166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02653]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Eye Institute; Notice of Closed Meetings

    Pursuant to section 1009 of the Federal Advisory Committee Act, as 
amended, 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: National Eye Institute Special Emphasis 
Panel; BRAIN Initiative: New Concepts and Early-Stage Research for 
Recording and Modulation in the Nervous System (R21).
    Date: March 19, 2024.
    Time: 10:00 a.m. to 5:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Eye Institute, 6700 Rockledge Dr., Bethesda, MD 
20817.
    Contact Person: Brian Hoshaw, Ph.D., Designated Federal 
Official, Division of Extramural Research, National Eye Institute, 
National Institutes of Health, 6700 B Rockledge Dr., Rockville, MD 
20892, 301-451-2020, <a href="/cdn-cgi/l/email-protection#7c14130f141d0b1e3c111d151052121514521b130a"><span class="__cf_email__" data-cfemail="3e56514d565f495c7e535f57521050575610595148">[email protected]</span></a>.

    Name of Committee: National Eye Institute Special Emphasis 
Panel; Conference Grant Applications (R13).
    Date: April 15, 2024.
    Time: 10:00 a.m. to 2:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Eye Institute, 6700 Rockledge Dr., Bethesda, MD 
20817.
    Contact Person: Jeanette M. Hosseini, Ph.D., Scientific Review 
Officer, Division of Extramural Research, National Eye Institute, 
National Institutes of Health, 6700 B Rockledge Drive, Bethesda, MD 
20892, 301-451-2020, <a href="/cdn-cgi/l/email-protection#7a101f1b141f0e0e1f123a171b131654141312541d150c"><span class="__cf_email__" data-cfemail="b5dfd0d4dbd0c1c1d0ddf5d8d4dcd99bdbdcdd9bd2dac3">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program No. 93.867, Vision 
Research, National Institutes of Health, HHS)

    Dated: February 5, 2024.
Lauren A. Fleck,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2024-02653 Filed 2-8-24; 8:45 am]
BILLING CODE 4140-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
EXHIBIT 21

SUBSIDIARIES OF eLOT, INC.

|                |  |                 |          |             |  |          |     |   |  |  |                            | 
|--------------- |  | --------------- | -------- | ----------- |  | -------- | --- | - |  |  | -------------------------- | 
|               
|                |  | JURISDICTION OF
|NAME            |  | INCORPORATION   |          | % OWNERSHIP |  | BUSINESS
|               
|eLottery, Inc.  |  |                 | Delaware |             |  |          | 100 | % |  |  | Lottery retailing services | 
|               
|               
|               
|               
|                |  |                 |          |             |  |          |     |   |  |  | and systems                | 
|               
|               
|               
|               
|                |  |                 |          |             |  |          |     |   |  |  |                            | 
|               
|               
|               
|               
|               
|ELOTTONET, Inc. |  |                 | Delaware |             |  |          | 100 | % |  |  | Lottery results            | 
|               
|               
|               
|               
|                |  |                 |          |             |  |          |     |   |  |  | notification and           | 
|               
|               
|               
|               
|                |  |                 |          |             |  |          |     |   |  |  | general marketing          | 
|               
|               
|               
|               
|                |  |                 |          |             |  |          |     |   |  |  | services                   | 
|               

All listed subsidiaries do business only under their corporate names listed
above. Certain inactive and immaterial subsidiaries, which if considered in
the aggregate as a single subsidiary would not constitute a significant
subsidiary as defined in Rule 1-02(w) of the Commission, as of December 31,
2000, are not listed.
January 28, 2015 

Docket FAA-2002-13930 

Docket Management Facility 

US Department of Transportation 

1200 Jersey Avenue, SE 

West Building Ground Floor - Room W12-140 

Washington, DC 20590 

Dear, Sir or Madam, 

Re: Exemption 7504 ; FAA-2002-13930 Extension Request 

Endeavor Airlines Inc., (formally Pinnacle Airlines), certificate REXA257A petitions pursuant to Sections 

11.61 and 11.63 of the Federal Aviation Regulations (FARs) for an extension of Exemption No. 7504, 

Docket FAA-2002-13930. This exemption expires on 4/30/2015. 

Subject to certain conditions and limitations, Exemption 7504 provides relief from § 121.434(c)(l)(ii) of 

Title 14, Code of Federal Regulations that allows Endeavor Air to substitute a qualified and authorized 

check airman or aircrew program designee for an FAA inspector to observe a qualifying pilot in command 

(PIC) who is completing initial or upgrade training specified in § 121.424 during at least one flight leg 

that includes a takeoff and a landing. 

The conditions and reasons relative to public interest and safety that formed the basis for granting the 

original exemption have not changed. Furthermore, the renewal of this exemption is not a controversial 

issue. For these reasons, and because granting the requested relief will not set precedent, Endeavor Air 

requests that a finding of good cause exists for waiving publication in the Federal Register. 

Please do not hesitate to contact me if you have any questions or require additional information. 

Respectfully submitted, 

 

David Wilson 

Director, Flight Operations 

612-801-6331 

david.wilson@endeavorair.com

Endeavor Air, Inc. 

7500 Airline Drive | M.S. 01P 

Minneapolis, MN 55450-1101 

www.EndeavorAir.com
# Memorandum

**Date: To:**  Balaji Vaid yanathan , Permit Section Manager **F rom:**  Eric Massey , Air Quality Division Director **Subject:** Proposed Final Permits to be Treated as Appealable Agency Actions The 2012 amendments to our permit rules, which were adopted in order to meet federal new source review requirements, provide that an applicant for a Class I permit or Class Ipermit revision may

begin actual construction, but not operation, on receipt of a “proposed final permit.” R18 - 2 - 302(G); R18 - 2 - 334(B) , R18 - 2 - 402(C) . A proposed final permit is “the version of a Class Ipermit or Class I permit revision that the Department proposes to issue and forwards to the Administrato r for review,” as required by § 502 of Title V of the Clean Air Act, 42 U.S.C. § 7661d . The purpose of this treatment is to ensure that Arizona’s unitary permit program does not place restrictions on Arizona industries that they would not face in jurisdictions with binary programs. Under a binary

program, separate permits are issued to construct and operate, and only permit s to operate are subject to EPA review under Title V. Thus a source in a jurisdiction with a binary program ordinarily

would have the authorit y to proceed with construction under a construction permit before EPA review of the Title V p ermit or permit revision occurred. Under Ariz ona administrative law, an “appealable agency action” is defined as “an action that determines the legal rights, duties or privileges of a part y.” A.R.S. § 41 - 1092(3). Because a proposed final permit or permit revision under the revised rules determines th e applicant’s right to construct, it must be treated as an appealable agency action separate from the issuance of the final permit or permit revision . 1 We must therefore issue a notice of appealable agency action under 41 - 1092.03 for both the proposed final permit or permit revision , as well as the final permit or permit revision . Please distribute this memorandum to all of your permit engineers so that they are aware of this obligation . In addition, make sure that the subject matter of this memorandum is covered in an y training for permit engineers hired in the future.

1 Duplicative appeals can be avoided by consolidating appeals of proposed final permit and final permits, should they occur.
<PAGE>
                                                                    Exhibit 32.2

                  CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER
                                   PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Joseph P. Ciavarella, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual
Report of Langer, Inc. on Form 10-K for the year ended December 31, 2003, fully
complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934 and that information contained in such Annual Report on
Form 10-K fairly presents in all material respects the financial condition and
results of operations of Langer, Inc.

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.

      Date:  March 29, 2004              By:    /s/ Joseph P. Ciavarella
                                                ------------------------
                                         Name:  Joseph P. Ciavarella
                                         Title: Vice President and
                                                Chief Financial Officer
<PAGE>


EXHIBIT 23.1

CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

As independent public accountants, we hereby consent to the incorporation of our
reports included or incorporated by reference in this Form 10-K into the
Company's previously filed Registration Statements File Nos. 33-45015, 33-42561,
33-23294, 33-16585, 33-6604, 33-959, 2-91008, 33-40623, 33-46874, 33-46875,
33-50628, 33-57519, 33-63637, 333-7279 and 33-62257.

                                       ARTHUR ANDERSEN LLP

Stamford, Connecticut
April 15, 1998


<PAGE>
II

104TH CONGRESS

1ST SESSION S. 44

To amend title 4 of the United States Code to limit State taxation of

certain pension income.

IN THE SENATE OF THE UNITED STATES

JANUARY 4, 1995

Mr. REID (for himself and Mr. BRYAN) introduced the following bill; which

was read twice and referred to the Committee on Finance

A BILL

To amend title 4 of the United States Code to limit State

taxation of certain pension income.

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

3 SECTION 1. LIMITATION ON STATE INCOME TAXATION OF

4 CERTAIN PENSION INCOME.

5 (a) AMENDMENT.—Chapter 4 of title 4, United

6 States Code, is amended by adding at the end the follow7 ing:
2

•S 44 IS

1 ‘‘§ 114. Limitation on State income taxation of certain

2 pension income

3 ‘‘(a) No State may impose an income tax on any re4 tirement income of an individual who is not a resident or

5 domiciliary of such State (as determined under the laws

6 of such State).

7 ‘‘(b) For purposes of this section—

8 ‘‘(1) The term ‘retirement income’ means any

9 income from—

10 ‘‘(A) a qualified trust under section 401(a)

11 of the Internal Revenue Code that is exempt

12 under section 501(a) from taxation;

13 ‘‘(B) a simplified employee pension as de14 fined in section 408(k) of such Code;

15 ‘‘(C) an annuity plan described in section

16 403(a) of such Code;

17 ‘‘(D) an annuity contract described in sec18 tion 403(b) of such Code;

19 ‘‘(E) an individual retirement plan de20 scribed in section 7701(a)(37) of such Code;

21 ‘‘(F) an eligible deferred compensation

22 plan (as defined in section 457 of such Code);

23 ‘‘(G) a governmental plan (as defined in

24 section 414(d) of such Code);

25 ‘‘(H) a trust described in section

26 501(c)(18) of such Code; or
3

•S 44 IS

1 ‘‘(I) any plan, program or arrangement de2 scribed in section 3121(v)(2)(C) of such Code.

3 Such term includes any retired or retainer pay of a

4 member or former member of a uniform service com5 puted under chapter 71 of title 10, United States

6 Code.

7 ‘‘(2) The term ‘income tax’ has the meaning

8 given such term by section 110(c).

9 ‘‘(3) The term ‘State’ includes any political sub10 division of a State, the District of Columbia, and the

11 possessions of the United States.

12 ‘‘(c) Nothing in this section shall be construed as hav13 ing any effect on the application of section 514 of the Em14 ployee Retirement Income Security Act of 1974.’’

15 (b) CONFORMING AMENDMENT.—The table of sec16 tions for chapter 4 of title 4, United States Code, is

17 amended by adding at the end the following:

‘‘114. Limitation on State income taxation of certain pension income’’.

18 (c) EFFECTIVE DATE.—The amendments made by

19 this section shall apply to amounts received after Decem20 ber 31, 1994.

Æ
<PAGE>

                                                                    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 of uWink, Inc. (the "Company") on Form
10-QSB for the quarter ending June 30, 2006 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Peter F. Wilkniss,
Chief Financial Officer and Chief Accounting Officer of the Company, hereby
certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that to my 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.


August 14, 2006                                     By: /s/ PETER F. WILKNISS
                                                        ------------------------
                                                        Peter F. Wilkniss
                                                        Chief Financial Officer
                                                        Chief Accounting Officer