alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

April 24, 2003

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 02-20445

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

PAULO CESAR ESPINOZA-HERNANDEZ,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. H-01-CR-900-ALL

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

Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.

PER CURIAM:*

Paulo Cesar Espinoza-Hernandez (“Espinoza”) appeals the

sentence following his guilty plea for illegal reentry into the

United States following deportation. Espinoza argues that his

prior conviction for possession of cocaine is not an aggravated

felony under the November 1, 2001, Sentencing Guidelines 

§ 2L1.2(b)(1)(C). 

Espinoza’s arguments regarding the definitions of “drug

trafficking offense” and “aggravated felony” are foreclosed by
No. 02-20445

-2-

our decision in United States v. Caicedo-Cuero, 312 F.3d 697,

705-11 (5th Cir. 2002), petition for cert. filed, (U.S. Mar. 19,

2003) (No. 02-9747). Accordingly, the district court did not err

in assessing the eight-level upward adjustment. 

AFFIRMED.
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 Deep Well Oil & Gas, Inc. (“the
Company”) on Form 10-K for the year ended September 30, 2008 filed with the
Securities and Exchange Commission on the date hereof (“the Report”), I, Dr.
Horst A. Schmid, President and Chief Executive Officer, 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 result of operations of the Company.





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:
                
                November 23, 2009By:
                
                /s/ Horst A. SchmidDr.
      Horst A. SchmidPresident
      and Chief Executive
Officer
Exhibit 32

GOlDEN EAGLE
INTERNATIONAL, INC.

Certification pursuant to
18 U.S.C. 1350 Principal Executive Officer

To my knowledge: the
annual report on Form 10-K for the period ended December 31, 2003, containing
financial statements for the period then ended, fully complies with the
requirements of Section 13(a) of the Securities Act of 1934; and the information
contained in the Form 10-K fairly presents, in all material respects, the
financial condition, results of operations and statement of shareholders' equity of Golden Eagle International,
Inc. for the periods presented.



| |  | By: /s/ Terry C.
      TurnerTerry C. TurnerPrincipal Executive
      OfficerApril 13, 2005
| |  | -------------------------------------------------------------------------------------------

Certification pursuant to
18 U.S.C. 1350 Principal Financial Officer

To my knowledge: the
annual report on Form 10-K for the period ended December 31,2003 containing
financial statements for the period then ended, fully complies with the
requirements of Section 13(a) of the Securities Act of 1934; and the information
contained in the Form 10-K fairly presents, in all material respects, the
financial condition, results of operations and statement of shareholders' equity of Golden Eagle International,
Inc. for the periods presented.



| |  | By: /s/ Tracy A.
      MadsenTracy A. MadsenPrincipal Financial
      OfficerApril 13,
2005
| |  | -------------------------------------------------------------------------------------------
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          APR-30-1998
<PERIOD-END>                               OCT-31-1997
<CASH>                                          17,494
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                36,585
<PP&E>                                       2,322,961
<DEPRECIATION>                                 193,525
<TOTAL-ASSETS>                               2,218,569
<CURRENT-LIABILITIES>                          913,998
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        16,218
<OTHER-SE>                                     508,353
<TOTAL-LIABILITY-AND-EQUITY>                 2,218,569
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                  257,803
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              47,210
<INCOME-PRETAX>                              (305,013)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (305,013)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (305,013)
<EPS-PRIMARY>                                    (.05)
<EPS-DILUTED>                                        0
        

</TABLE>
[Federal Register Volume 65, Number 229 (Tuesday, November 28, 2000)]
[Notices]
[Pages 70881-70882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30312]


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

DEPARTMENT OF COMMERCE

International Trade Administration


University of Michigan; Notice of Decision on Application for 
Duty-Free Entry of Scientific Instrument

    This decision is made pursuant to section 6(c) of the Educational, 
Scientific, and Cultural Materials Importation Act of 1966 (Pub. L. 89-
651, 80 Stat. 897; 15 CFR part 301). Related records can be viewed 
between 8:30 a.m. and 5:00 p.m. in Room 4211, U.S. Department of 
Commerce, 14th and Constitution Avenue, NW., Washington, DC.
    Docket Number: 00-032. Applicant: University of Michigan, Ann 
Arbor, MI 48109-2029. Instrument: Aerosol Generator. Manufacturer: 
Topas GmbH, Germany. Intended Use: See notice at 65 FR 62334, October 
18, 2000.
    Comments: None received. Decision: Approved. No instrument of 
equivalent scientific value to the foreign instrument, for such 
purposes as it is intended to be used, is being manufactured in the 
United States. Reasons: The foreign instrument provides: (1) A 
particulate aerosol delivery rate range of 20-500 grams/hour and (2) 
linear (stable) output well over one half hour. A domestic manufacturer 
of similar equipment advised November 13, 2000 that (1) these 
capabilities are pertinent to the applicant's intended purpose and (2) 
it knows of no domestic instrument or apparatus of equivalent 
scientific value to the foreign instrument for the applicant's intended 
use.
    We know of no other instrument or apparatus of equivalent 
scientific value

[[Page 70882]]

to the foreign instrument which is being manufactured in the United 
States.

Gerald A. Zerdy,
Program Manager, Statutory Import Programs Staff.
[FR Doc. 00-30312 Filed 11-27-00; 8:45 am]
BILLING CODE 3510-DS-P
#### Edgar SMITH, Appellant, v. STATE of Texas, Appellee.

No. 20,768.

Court of Criminal Appeals of Texas.

Jan. 8, 1941.

HAWKINS, Presiding Judge.

The judgment of conviction was affirmed on January 24, 1940. Motion for rehearing was overruled February 21, 1940. Tex.Cr.App., 136 S.W.2d 842. Appellant made application to the Supreme Court of the United States for writ of certiorari to review the action of this court. The writ was granted, 309 U.S. 651, 60 S.Ct. 891, 84 L.Ed. 1001, and on November 25, 1940 the Supreme Court of the United States reversed the judgment of this court and remanded said cause for further proceedings not inconsistent with the opinion of said Supreme Court of the United States. 61 S.Ct. 164, 85 L.Ed. -.

Therefore, in compliance with said opinion this cause is remanded to the trial court for further proceeding in said cause, as may be consistent with the opinion of the Supreme Court of the United States.

Accompanying this order, and made a part thereof, is a certified copy of the mandate from the Supreme Court of the United States, now on file as a part of the record in this cause.
Exhibit 32CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002     In connection with the quarterly report on Form 10-Q of SS&C Technologies, Inc. (the“Company”) for the period ended March 31, 2007 as filed with the Securities and Exchange Commissionon the date hereof (the “Report”), the undersigned officers of the Company hereby certify, pursuantto 18 U.S.C. Section 1350, that: (1) the Report fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and  (2) the information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.             Date: May 14, 2007 By:  /s/ William C. Stone    William C. Stone    Chief Executive Officer           Date: May 14, 2007 By:  /s/ Patrick J. Pedonti    Patrick J. Pedonti    Chief Financial Officer
### Docket **No. FAA -**  **20 14**  **- 0489**  **Contacts.** With whom outside the FAA has this proposal been discussed? Organization Person Contacted Date Response Transport Canada Helen Tsai

613 - 952 - 4379 2/26/14 Emailed. No objection

Bom bardier Aerospace Cheste r Liburski

514 - 855 - 5001 Ext: 29036 2/26/14 No objection
Exhibit 32CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002     In connection with the quarterly report on Form 10-Q of SS&C Technologies, Inc. (the“Company”) for the period ended September 30, 2006 as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), the undersigned officers of the Company herebycertify, pursuant to 18 U.S.C. Section 1350, that: (1) the Report fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and  (2) the information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.        Date: November 14, 2006 By:  /s/ William C. Stone    William C. Stone    Chief Executive Officer           Date: November 14, 2006 By:  /s/ Patrick J. Pedonti    Patrick J. Pedonti    Chief Financial Officer
#### The People of the State of New York, Respondent, v Anthony Richardson, Appellant.

Judgment unanimously modified as a matter of discretion in the interest of justice and as modified affirmed, in accordance with the following memorandum: The trial court did not abuse its discretion in denying defendant’s motion for severance because the charges were properly joined in one indictment *(see,*CPL 200.20 [2] [c]) and defendant failed to demonstrate good cause for severance *(see,*CPL 200.20 [3] [a], [b]; *People v Lane,*56 NY2d 1, 7). There is merit to defendant’s contention that he should not have been convicted twice for criminal trespass because there was only one illegal entry *(see, People v Sillaway,*144 AD2d 959). Although defendant did not preserve the issue for review, the sentences defendant received on the trespass convictions were imposed consecutively and, therefore, we exercise our discretion and reverse defendant’s trespass conviction on the second count and vacate the sentence imposed thereon. (Appeal from judgment of Monroe County Court, Connell, J.—burglary, second degree.) Present—Dillon, P. J., Denman, Green, Balio and Davis, JJ.
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 Conmed Healthcare Management, Inc. (the
“Company”) on Form 10-Q for the period ended March 31, 2009 as filed with
the Securities and Exchange Commission on the date hereof (the “Report”), I,
Thomas W. Fry, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, that:




(1)
            The
      Report fully complies with the requirements of Section 13(a) or
      15(d) of the Securities 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.




May 14,
2009





By
      /s/ Thomas W. FryThomas
      W. FryChief
      Financial Officer




A
signed original of this written statement required by Section 906 has been
provided to and will be retained by Conmed Healthcare Management, Inc. and will
be furnished to the Securities and Exchange Commission or its staff upon
request.
103D CONGRESS

1ST SESSION H. R. 1345

AN ACT

To designate the Federal building located at 280

and Federal Building’’.‘‘Robert F. Peckham United States CourthouseSouth First Street in San Jose, California, as the
103D CONGRESS

1ST SESSION H. R. 1345

AN ACT

To designate the Federal building located at 280 South

First Street in San Jose, California, as the ‘‘Robert

F. Peckham United States Courthouse and Federal

Building’’.

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

3 SECTION 1. DESIGNATION.

4 The Federal building located at 280 South First

5 Street in San Jose, California, shall be known and des6 ignated as the ‘‘Robert F. Peckham United States Court7 house and Federal Building’’.
2

•HR 1345 EH

1 SEC. 2. REFERENCES.

2 Any reference in a law, map, regulation, document,

3 paper, or other record of the United States to the Federal

4 building referred to in section 1 shall be deemed to be

5 a reference to the ‘‘Robert F. Peckham United States

6 Courthouse and Federal Building’’.

Passed the House of Representatives May 4, 1993.

Attest:

Clerk.
1 Subject: Conference call with Portland Cement Association

Location: U.S. Environmental Protection Agency, Research Triangle Park, NC

Date: November 28 , 2012

Participants:

Portland Cement Association (PCA)

Andy O’Hare, PCA

Curtis Lesslie, Ash Grove

Satish Sheth, CEMEX U.S. Environmental Protection Agency (EPA)

Sharon Nizich

Stef Johnson

Debra Dalcher

David Solomon

Steven Silverman (by telephone)

RTI International

Mike Laney

The purpose of the meeting was to discuss the definition of startu p and shutdown

. PCA stated

that the current definitions for start

- up and shutdown need s to be revised to include when the

periods of start

- up and shutdown end. They made the following points:

They agree that startup begins with the starting of the ID fan and combustion.

Startup and shutdown are infrequent and typically for short periods of time.

Recommend defining the end of startup as after 120 minutes of continuous feed or when the feed

rate exceeds 60 percent of the kiln’s design capacity.

Gas flow will be erratic as long as kiln is not in normal mode.

Takes 36

- 48 hours before feed can be added to get to the necessary normal operating

temperatures.

Feed is ramped up gradually , not added erratically (start and stop).

Unless there is a mechanical p roblem, kilns are not suddenly stopped.

Each kiln is different

– starting feed rate is different for different kiln types. Usually start at 25

percent and ramp up to 60 percent of capacity. At 60 percent, kiln is fairly stable.

After crash stop (due to m echanical problem), startup depends on problem. If work in kiln

required, kiln must be cold. If exterior issue, kiln not stopped. Fuel/feed scaled back, kiln rotated2 slowly. Try to maintain temperature in kiln. For longer shutdowns, fuel may be completely

stopped.

For 6

- 8 breakdown, can take 8

- 10 hrs to get back to 60 percent production. Feed must be ramped

up so as to maintain steady temperature.

Shutdown begins when continuous feed is stopped.

Shutdown may not be a continuous event.
IIA

103D CONGRESS

1ST SESSION H. R. 1303

IN THE SENATE OF THE UNITED STATES

MAY 5 (legislative day, APRIL 19), 1993

Received; read twice and referred to the Committee on Environment and

Public Works

AN ACT

To designate the Federal Building and United States Courthouse located at 402 East State Street in Trenton, New

Jersey, as the ‘‘Clarkson S. Fisher Federal Building

and United States Courthouse’’.

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

3 SECTION 1. DESIGNATION.

4 The Federal Building and United States Courthouse

5 located at 402 East State Street in Trenton, New Jersey,

6 shall be known and designated as the ‘‘Clarkson S. Fisher

7 Federal Building and United States Courthouse’’.
2

HR 1303 RFS

1 SEC. 2. REFERENCES.

2 Any reference in a law, map, regulation, document,

3 paper, or other record of the United States to the Federal

4 Building and United States Courthouse referred to in sec5 tion 1 shall be deemed to be a reference to the ‘‘Clarkson

6 S. Fisher Federal Building and United States Court7 house’’.

Passed the House of Representatives May 4, 1993.

Attest: DONNALD K. ANDERSON,

Clerk.
[Federal Register Volume 65, Number 231 (Thursday, November 30, 2000)]
[Notices]
[Page 71300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30477]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary


Meeting of the DoD Healthcare Quality Initiative Review Panel

AGENCY: Department of Defense.

ACTION: Notice.

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

SUMMARY: This notice set forth the meeting of the DoD Healthcare 
Quality Initiatives Review Panel. An executive/administration meeting 
for DoD Healthcare Quality Initiatives Review Panel was held on 
November 28 and 29, 2000. This notice of meeting is required under The 
Federal Advisory Committee Act. This notice was sent out late due to an 
administration oversight.

DATES: November 28 and 29, 2000.

ADDRESSES: Hilton Alexandria Mark Center, 5000 Seminary Road, 
Alexandria, VA 22311.

TIME: November 28th, 8 am to 5 pm; November 29th, 8 am to 5 pm.

SUPPLEMENTARY INFORMATION: Contact Gia Edmonds at (703) 933-8325.

    Dated: November 22, 2000.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 00-30477 Filed 11-29-00; 8:45 am]
BILLING CODE 5001-10-M
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

 

YUK FUN JOANNE BEDFORD, et al., §

 §

Plaintiffs, §

 §

v. § Civil Action No. 4:22-cv-00104-O

 § 

FOO TIANG MENG DIRK ROBERT, §

 §

Defendant. §

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION

OF THE UNITED STATES MAGISTRATE JUDGE

The United States Magistrate Judge made Findings, Conclusions, and a Recommendation 

in this case. No objections were filed, and the Magistrate Judge’s Recommendation is ripe for 

review. The District Judge reviewed the proposed Findings, Conclusions, and Recommendation 

for plain error. Finding none, the undersigned District Judge believes that the Findings and 

Conclusions of the Magistrate Judge are correct, and they are accepted as the Findings and 

Conclusions of the Court. 

Accordingly, it is ORDERED that Plaintiffs’ Motion for Default Judgment be DENIED

without prejudice to the right of Plaintiffs to serve process on Defendant properly.

SO ORDERED on this 6th day of October, 2022.

Case 4:22-cv-00104-O Document 12 Filed 10/06/22 Page 1 of 1 PageID 529
I

103D CONGRESS

1ST SESSION H. R. 1030

To provide for the separate administration of the Border Patrol and the

Immigration and Naturalization Service.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 23, 1993

Mr. BEILENSON introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To provide for the separate administration of the Border

Patrol and the Immigration and Naturalization Service.

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

3 SECTION 1. ADMINISTRATION OF THE BORDER PATROL.

4 Effective October 1, 1993, the border patrol of the

5 Immigration and Naturalization Service shall be adminis6 tered through the Department of Justice under the Attor7 ney General and shall not be part of, or administered

8 through, the Immigration and Naturalization Service.

Æ
#### In the Matter of A. Grgas Contracting Company, Inc., Appellant, v Bernard Mercklowitz, as Chancellor of the New York City Board of Education, et al., Respondents.

s. In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Review of the New York City Board of Education, dated July 12, 1989, which, after a hearing, found the petitioner "not a responsible bidder” and excluded it from obtaining an asbestos removal contract, the petitioner appeals from a judgment of the Supreme Court, Kings County (Held, J.), dated August 31, 1989, dismissing the proceeding.

*679Ordered that the judgment is affirmed, with costs.

We agree that the Board of Review of the New York City Board of Education did not act in an arbitrary and capricious manner in denying the petitioner status as a responsible bidder for an asbestos removal contract. The petitioner corporation’s president, sole stockholder, and principal officer, Ante Grgas, was recently convicted of a Federal felony, upon pleading guilty to payment of a gratuity to an inspector of the Federal Environmental Protection Administration in connection with another asbestos abatement project. The Board of Education, concerned with the petitioner’s integrity in fulfilling the asbestos abatement contract and cognizant of its obligation to provide a safe place for New York City children to receive their education, could rationally conclude that petitioner is not a "responsible” bidder on the basis of that criminal conviction *(see, Abco Bus Co. v Macchiarola,*52 NY2d 938, *cert denied*454 US 822; *Matter of Omega Transp. Co. v Aiello,*52 NY2d 939; *Matter of Crescent Bus Corp. v Board of Educ.,*95 AD2d 776). Accordingly, the proceeding was properly dismissed. Bracken, J. P., Kooper, Miller and Ritter, JJ., concur.