alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# United States Court **of Appeals**  **f or the Fifth Circuit** 

No. 22

- 50623 Summary Calendar

**United States of America,** Plaintiff

— Appellee **,**

versus **Jose Angel Bonilla**

**- Pineda,**  Defendant

— Appellant

**.**

Appeal from the United States District Court for the Western District of Texas USDC No. 4:22

- CR

- 89

- 1

Before **Higginbotham, Graves,** and **Ho ,**  Circuit Judges

**. Per Curiam**  **:** * Jose Angel Bonilla

- Pineda appeals his conviction and sentence for illegal reentry into the United States under 8 U.S.C. § 1326(a) and (b)(1). For the first time on appeal, Bonilla

- Pineda contends that the recidivism enhancement in § 1326(b) is unconstitutional becau se it permits a sentence above the otherwise

- applicable statutory maximum established by § 1326(a),

* This opinion is not designated for publication. See **5th Cir. R. 47.5** 

. United States Court of Appeals Fifth Circuit 

### FILED December 28, 2022 Lyle W. Cayce Clerk Case: 22-50623 Document: 00516591500 Page: 1 Date Filed: 12/28/2022No. 22

- 50623

2 based on facts that are neither alleged in the indictment nor found by a jury beyond a reasonable doubt. While Bonilla

- Pineda acknowledges this argument is foreclosed by Almendarez

- Torres v. United States , 523 U.S. 224 (1998), he nevertheless seeks to preserve it for possible Supreme Court review. In addition, Bonilla

- Pineda has filed an unopposed motion for summary disposition.
This court has held that sub sequent Supreme Court decisions such as Alleyne v. United States , 570 U.S. 99 (2013), and Apprendi v. New Jersey , 530 U.S. 466 (2000), did not overrule Almendarez

- Torres

. See United States v. Pervis , 937 F.3d 546, 553

- 54 (5th Cir. 2019). Thus, Bonilla

- Pineda is correct that his argument is foreclosed, and summary disposition is appropriate. See Groendyke Transp., Inc. v. Davis , 406 F.2d 1158, 1162 (5th Cir. 1969).
Bonilla

- Pineda ’s motion is **GRANTED** , and the district court’s judgment is **AFFIRMED**

. Case: 22-50623 Document: 00516591500 Page: 2 Date Filed: 12/28/2022
**PHH
      Mortgage**





3000
      Leadenhall Road


Mt.
      Laurel, NJ 08054






February
      28, 2006




As
      of and
      for the year ended December 31, 2005, PHH Mortgage Corporation (the "Company")
      has complied
      in all material respects with the minimum servicing standards set forth in
      the
      Mortgage Bankers Association
      of America's Uniform Single Attestation Program for Mortgage Bankers, except
      for
      as discussed
      below.




The
      Company completed all custodial bank account reconciliations within 60 days
      of
      the cutoff date, however
      did not complete all reconciliations within 45 days of the cutoff as specified
      by the minimum servicing
      standards. As such, the Company has determined that it was materially
      non-compliant with the requirement
      to prepare custodial bank account reconciliations within 45 calendar days after
      the cutoff date.




During
      the year ended December 31, 2005, the Company determined it was materially
      non-compliant with
      the
      requirement to resolve reconciling items resulting from custodial bank account
      reconciliations within
      90
      calendar days as specified by the minimum servicing standards.




As
      of and
      for this same period, the Company had in effect a fidelity bond and errors
      and
      omissions policy in the amount of $160 million and $20 million,
      respectively.




PHH
      Mortgage Corporation





/s/
      Terence W. Edwards


Terence
      W. Edwards


President
      and Chief Executive Officer




/s/
      Mark
      Danahy


Mark
      Danahy


Senior
      Vice President and Chief Financial Officer




/s/
      Martin L. Foster


Martin
      L.
      Foster


Senior
      Vice President - Loan Servicing
1

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

WSOU INVESTMENTS, LLC d/b/a BRAZOS 

LICENSING AND DEVELOPMENT,

Plaintiff,

v.

DELL TECHNOLOGIES INC., DELL INC., 

EMC CORPORATION, AND VMWARE, 

INC.,

Defendants.

Case No. 6:20-cv-00480-ADA

JURY TRIAL DEMANDED

UNOPPOSED MOTION TO STRIKE DUPLICATE LETTER OF REQUEST FOR

FOREIGN DISCOVERY

Defendants Dell Technologies Inc., Dell Inc., EMC Corporation, and VMware, Inc.,

(collectively “Defendants”) filed a Motion for Letter of Request (Dkt. 45) for foreign discovery 

on November 6, 2020, which was a duplicate of Motion for Letter of Request (Dkt. 44). 

Defendants respectfully request that the Court strike the Motion for Letter of Request (Dkt. 45).

Dated: November 10, 2020 By: /s/ Barry K. Shelton

Barry K. Shelton

Texas State Bar No. 24055029

bshelton@sheltoncoburn.com

SHELTON COBURN LLP

311 RR 620, Ste. 205

Austin, TX 78734-4775 

Telephone: 512.263.2165

Facsimile: 512.263.2166 

Attorneys for Defendants

Case 6:20-cv-00480-ADA Document 49 Filed 11/10/20 Page 1 of 2
2

CERTIFICATE OF SERVICE

The undersigned certifies that on November 10, 2020, all counsel of record who are 

deemed to have consented to electronic service are being served with a copy of this document 

through the Court’s CM/ECF system under Local Rule CV-5(b)(1). 

/s/ Barry K. Shelton

Barry K. Shelton

Case 6:20-cv-00480-ADA Document 49 Filed 11/10/20 Page 2 of 2
I 

112TH CONGRESS 

2D SESSION H. R. 5404 

To extend the temporary suspension of duty on Clomazone. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 7, 2012 

Ms. HOCHUL introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To extend the temporary suspension of duty on Clomazone. 

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

3 SECTION 1. CLOMAZONE. 

4 (a) IN GENERAL.—Heading 9902.24.21 of the Har5 monized Tariff Schedule of the United States (relating to 

6 Clomazone) is amended by striking the date in the effec7 tive period column and inserting ‘‘12/31/2015’’. 

8 (b) EFFECTIVE DATE.—The amendments made by 

9 subsection (a) apply with respect to goods entered, or 

10 withdrawn from warehouse for consumption, on or after 

11 the 15th day after the date of enactment of this Act. 

Æ 


tjames on DSK6SPTVN1PROD with BILLS
EXHIBIT 15.4



LOGO

The Board of Directors of

Randgold Resources Limited (the Company)

March 30, 2012

Re: Consent

Gentlemen:

I, Nick Kingaby, do hereby consent to the reference of myself in the Companys Annual Report on Form 20-F for the year
ended December 31, 2011 (the Annual Report) to which this consent is an exhibit, to any reference to Mr. Nick Kingaby under the heading Experts in any registration statement into which the Annual Report is
incorporated by reference, and to the citation and/or summarization of the reserve statement in the Annual Report as calculated by me for the Tongon open pit Southern Zone mineral reserves.

Dated this 30thday of March, 2012.

By: /s/ Nick Kingaby

Name: Nick Kingaby

Title:   Consultant
|                                                             
|-------------------------------------------------------------
|                                                             
|View History: Annual Download Data (XLS File)               
|View History: Annual                                         
|View History: Annual                                         
|View History:                                                
|                                                             
|Ohio Dry Natural Gas Reserves Extensions (Billion Cubic Feet)
|                                                             
|                                                             
|Ohio Dry Natural Gas Reserves Extensions (Billion Cubic Feet)
|                                                             

|Decade                                                                                                                            | Year-0 | Year-1 | Year-2 | Year-3 | Year-4 | Year-5 | Year-6 | Year-7 | Year-8 | Year-9
|--------------------------------------------------------------------------------------------------------------------------------- | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------
|1970's                                                                                                                            |        |        |        |        |        |        |        | 113    | 87     | 269   
|1980's                                                                                                                            | 462    | 55     | 24     | 44     | 64     | 34     | 10     | 12     | 5      | 2     
|1990's                                                                                                                            | 1      | 4      | 3      | 3      | 8      | 5      | 0      | 5      | 1      | 8     
|2000's                                                                                                                            | 4      | 9      | 53     | 7      | 29     | 58     | 17     | 39     | 23     | 10    
|2010's                                                                                                                            | 8      | 118    | 493    | 1,779  | 3,208  | 3,231  | --     | --     | --     | --    
|2020's                                                                                                                            | --     | --     |        |        |        |        |        |        |        |       
|- = No Data Reported;  -- = Not Applicable;  NA = Not Available;  W = Withheld to avoid disclosure of individual company data.
|                                                                                                                                 
|Release Date: 12/30/2022                                                                                                         
|Next Release Date: 12/29/2023
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

'AUG (9. 6 ~Ort4 • I 

Mr. Kreg Doerr 

Manager, Aircraft Installation Design 

and Certification 

Row44 

820 Springer Drive 

Lombard, Illinois 60148 

Dear Mr. Doerr: 

Transport Airplane Directorate 

1601 Lind Avenue, S.W. 

Renton, Washington 98057-3356 

We have received your petition dated June 17, 2014, for a time-limited exemption from the 

requirements of§ 25.571(e)(l) (Amendment 25-132) of Title 14, Code of Federal 

Regulations (14 CFR), related to Project ODA-GED-P066, Row 44 Wireless Broadband 

System Antenna Provisions Installation in Boeing 777-200 airplanes. You requested an 

immediate exemption from this rule and that it remain in effect for a period of one year from 

the date of supplemental type certificate issuance. The exemption, if granted, would allow 

Row 44 the time to develop a means of full compliance with the requirements of 

§ 25.571(e)(l). 

This request, which you submitted to the Department of Transportation's Federal Docket 

Management System (at Regulations.gov) on June 24, 2014, has been assigned Docket No. 

FAA-2014-0402. We are in the process of reviewing your request, and will contact you if 

we need additional information. 

If you have any questions or concerns regarding your petition or the petition process, please 

contact Mr. Ian Won at (425) 227-2145, or by e-mail at Ian.Y.Won@faa.gov. 

Sincerely, 

· ;Jv,c,;-l ( j!tz"Ci"a / \ 

Deana M. Stedman 

Transport Airplane Directorate 

Aircraft Certification Service
I 

112TH CONGRESS 

1ST SESSION H. R. 547 

To amend the Internal Revenue Code of 1986 to repeal the alternative 

minimum tax on individuals. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 8, 2011 

Mr. GARRETT (for himself, Mr. KINGSTON, Mr. BARTLETT, Mrs. BLACKBURN, 

Mr. CHAFFETZ, Mr. BISHOP of Utah, Mr. BURTON of Indiana, Mr. 

DESJARLAIS, Mr. FLEMING, Mr. FRANKS of Arizona, Mr. GINGREY of 

Georgia, Mrs. HARTZLER, Mr. HERGER, Mr. ISSA, Mr. LAMBORN, Mr. 

MARCHANT, Mr. MCCLINTOCK, Mr. PAUL, Mr. ROE of Tennessee, Mr. 

PENCE, Mr. BROUN of Georgia, Mr. LATOURETTE, Mr. CONAWAY, Mr. 

WITTMAN, and Mr. SENSENBRENNER) introduced the following bill; 

which was referred to the Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to repeal 

the alternative minimum tax on individuals. 

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. 

4 This Act may be cited as the ‘‘Individual AMT Repeal 

5 Act of 2011’’. 


jbell on DSKDVH8Z91PROD with BILLS
2 

•HR 547 IH

1 SEC. 2. REPEAL OF INDIVIDUAL ALTERNATIVE MINIMUM 

2 TAX. 

3 (a) IN GENERAL.—Section 55(a) of the Internal Rev4 enue Code of 1986 (relating to alternative minimum tax 

5 imposed) is amended by adding at the end the following 

6 new flush sentence: 

7 ‘‘Except in the case of a corporation, no tax shall be im8 posed by this section for any taxable year beginning after 

9 December 31, 2010, and the tentative minimum tax of any 

10 taxpayer other than a corporation for any such taxable 

11 year shall be zero for purposes of this title.’’. 

12 (b) EFFECTIVE DATE.—The amendment made by 

13 this section shall apply to taxable years beginning after 

14 December 31, 2010. 

Æ 


jbell on DSKDVH8Z91PROD with BILLS
Case 6:20-cv-00458-ADA Document 12-1 Filed 03/24/20 Page 1 of 2
Case 6:20-cv-00458-ADA Document 12-1 Filed 03/24/20 Page 2 of 2
```

                                                                    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 Annual Report of Zone 4 Play, Inc. (the "Company") on
Form 10-KSB for the period ended December 31, 2007, as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), the undersigned, as
the Chief Executive Officer and Principal Financial Officer of the Company,
hereby certifies 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 result of operations of the Company.

    Dated: April 14, 2008

                                                /s/ Steve Baker
                                                -----------------
                                                Steve Baker
                                                Chief Executive Officer and
                                                Principal Financial Officer
```
1

Blythe, Andrew Philip

From: mark waltfairpllc.com <mark@waltfairpllc.com>

Sent: Friday, July 23, 2021 2:50 PM

To: Barry Shelton

Subject: RE: WSOU v. Dell: PO and discovery limits discussion

Good point, thanks for reminding me. I’ll take that to the team as well.  

Mark

From: Barry Shelton <bshelton@sheltoncoburn.com>  

Sent: Friday, July 23, 2021 4:49 PM

To: mark waltfairpllc.com <mark@waltfairpllc.com>

Subject: RE: WSOU v. Dell: PO and discovery limits discussion

Great, thanks Mark. The other proposal we made was for the trial groupings, which I don’t think WSOU has ever

responded to.  

Barry

From: mark waltfairpllc.com <mark@waltfairpllc.com>  

Sent: Friday, July 23, 2021 4:41 PM

To: Barry Shelton <bshelton@sheltoncoburn.com>

Subject: RE: WSOU v. Dell: PO and discovery limits discussion

Hey Barry,

I sent an email out to the WSOU team inquiring about these two issues. I was involved with the discovery limit proposal

(no clue on the PO). I think WSOU’s proposal was very reasonable and Dell should consider accepting our proposal.

Otherwise, we can always just stick with the ol’ OGP. I think we can reach agreement on the discovery limits stuff.  

I’ll get back to you with a time to M&C once I hear back from everyone.  

Sincerely,

Mark  

From: Barry Shelton <bshelton@sheltoncoburn.com>  

Sent: Friday, July 23, 2021 4:28 PM

To: mark waltfairpllc.com <mark@waltfairpllc.com>

Subject: WSOU v. Dell: PO and discovery limits discussion

Hi Mark,

Can you let me where we are with these issues? I think it is advisable to have another meet and confer to try to make

additional progress then bring the remaining issues to the Court for resolution. Thanks, and have a nice weekend.  

Barry  

Case 6:20-cv-00475-ADA Document 122-3 Filed 11/19/21 Page 1 of 2
2

Barry K. Shelton | Partner  

Shelton Coburn LLP

311 RR 620 S, Suite 205

Austin, Texas 78734‐4775

T: (512) 263‐2165 | F: (512) 263‐2166 | M: (512) 517‐9998

bshelton@sheltoncoburn.com | www.sheltoncoburn.com

Case 6:20-cv-00475-ADA Document 122-3 Filed 11/19/21 Page 2 of 2
|                                                                                                             
|-------------------------------------------------------------------------------------------------------------
|                                                                                                             
|View History: Annual Download Data (XLS File)                                                               
|View History: Annual                                                                                         
|View History: Annual                                                                                         
|View History:                                                                                                
|                                                                                                             
|Utah Associated-Dissolved Natural Gas, Wet After Lease Separation, Reserves Divestitures (Billion Cubic Feet)
|                                                                                                             
|                                                                                                             
|Utah Associated-Dissolved Natural Gas, Wet After Lease Separation, Reserves Divestitures (Billion Cubic Feet)
|                                                                                                             

|Decade                                                                                                                            | Year-0 | Year-1 | Year-2 | Year-3 | Year-4 | Year-5 | Year-6 | Year-7 | Year-8 | Year-9
|--------------------------------------------------------------------------------------------------------------------------------- | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------
|2000's                                                                                                                            | 3      | 17     | 4      | 37     | 29     | 0      | 16     | 0      | 0      | 4     
|2010's                                                                                                                            | 0      | 6      | 11     | 173    | 24     | 18     | 64     | 15     | 77     | 1     
|2020's                                                                                                                            | 4      | 0      |        |        |        |        |        |        |        |       
|- = No Data Reported;  -- = Not Applicable;  NA = Not Available;  W = Withheld to avoid disclosure of individual company data.
|                                                                                                                                 
|Release Date: 12/30/2022                                                                                                         
|Next Release Date: 12/29/2023
Exhibit 11 STERLING BANCORP AND SUBSIDIARIES
Statement Re: Computation of Per Share Earnings Three Months Ended March 31,2009

2008Net income

$
3,612,563

$
4,001,891Dividends on preferred shares and accretion


842,394


Net income available for common
 shareholders and adjusted for diluted computation

$
2,770,169

$
4,001,891Weighted average common shares outstanding


18,098,521


17,870,084Add dilutive effect of:Stock options


176,789


199,087Adjusted for assumed diluted computation


18,275,310


18,069,171Net income, per average common share:Basic

$
0.20

$
0.22Diluted

$
0.20

$
0.22Net income available to common
 shareholders, per average common share:Basic

$
0.15

$
0.22Diluted

$
0.15

$
0.22 42
UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF TEXAS 

WACO DIVISION 

WSOU INVESTMENTS LLC 

 

v. Case No.: 6:20-cv-00485-ADA 

 

DELL TECHNOLOGIES INC. ET AL 

ORDER 

BE IT REMEMBERED on this day, there was presented to the Court the Motion for Admission 

Pro Hac Vice filed by Noah P. Dorman (“Applicant”), counsel for WSOU Investments LLC, and the 

Court, having reviewed the motion, enters the following order: 

IT IS ORDERED that the Motion for Admission Pro Hac Vice is GRANTED, and Applicant 

may appear on behalf of WSOU Investments LLC in the above case. 

IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately 

tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local 

Court Rule AT-1(f)(2). 

IT IS FURTHER ORDERED that if the corresponding Motion for Admission Pro Hac Vice was 

e-filed, the attorney who filed the Motion on behalf of the Applicant is directed to notify the Applicant 

of this order. 

IT IS FINALLY ORDERED that Applicant, pursuant to the Administrative Policies and 

Procedures for Electronic Filing in Civil and Criminal cases in the Western District of Texas, shall 

register as a filing user within 10 days of the date of this Order, if he/she has not previously done so on 

a prior case in this District. 

SIGNED this the 9th day of March, 2022. 

ALAN D ALBRIGHT 

UNITED STATES DISTRICT JUDGE 

Case 6:20-cv-00485-ADA Document 164 Filed 03/09/22 Page 1 of 1
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5437 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 5437

         To reduce temporarily the rate of duty on Metconazole.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 7, 2012

 Mr. Luetkemeyer introduced the following bill; which was referred to 
                    the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
         To reduce temporarily the rate of duty on Metconazole.

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

SECTION 1. METCONAZOLE.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``     9902.01.00        (1RS,5RS,1RS,5SR)-  5.4%            No change      No change      On or before     ''.
                          5-(4-                                                             12/31/2015
                          chlorobenzyl)-2,2-
                          dimethyl-1-(1H-
                          1,2,4-triazol-1-
                          ylmethyl)cyclopen
                          tanol
                          (Metconazole)
                          (CAS No. 125116-
                          23-6) (provided
                          for in subheading
                          2933.99.22)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
to articles entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```