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

No. 20-10992 Summary Calendar

United States of America,

Plaintiff—Appellee ,

versus

Modesto Balderas,

Defendant—Appellant

.

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:19-CR-66-1

Before Davis, Stewart, and Dennis, Circuit Judges

. Per Curiam: *
Modesto Balderas appeals his guilty plea conviction and sentence for being a felon in possession of a firearm, 18 U.S.C. § 922(g)(1), and for possessing a firearm with an obliterated serial number, 18 U.S.C. § 922(k). According to Balderas, the district cour t erred in treating two of three prior

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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 May 14, 2021
Lyle W. Cayce Clerk Case: 20-10992 Document: 00515862475 Page: 1 Date Filed: 05/14/2021No. 20-10992

2 Texas convictions, one for robbery an d one for aggravat ed assault, as predicate violent felonies under 18 U. S.C. § 924(e)(2)(B) and subjecting him to enhanced penalties.
With respect to the robbery convic tion, Balderas argues that the offense is not a violent felony because it may be based on reckless conduct or forceless injury and does not con form to the elements of common law robbery. As Balderas concedes, his arguments are foreclosed. See United States v. Reyes-Contreras , 910 F.3d 169, 183 (5th Cir. 2018) (en banc); United
States v. Burris , 920 F.3d 942, 945 (5th Cir. 2019), petition for cert. filed (U.S. Oct. 3, 2019) (No. 19-6186); and United States v. Griffin , 946 F.3d 759, 761- 62 (5th Cir.), cert. denied , 141 S. Ct. 306 (2020). Ba lderas’s challenge to the treatment of his Texas aggravated assault conviction as a violent felony under § 924(e)(2)(B) based on the same for celess-injury argument is likewise foreclosed, as he also concedes. See Griffin , 946 F.3d at 761; Reyes-Contreras , 910 F.3d at 183; see also United States v. Torres , 923 F.3d 420, 426 (5th Cir. 2019).

The Government has filed an un opposed motion for summary affirmance, which is proper if “the position of one of the parties is clearly right as a matter of law so that there can be no substantial qu estion as to the
outcome of the case.” Groendyke Transp., Inc. v. Davis , 406 F.2d 1158, 1162 (5th Cir. 1969). Because Balderas co rrectly concedes that his claims are foreclosed by Reyes-Contreras , 910 F.3d 169; Burris , 920 F.3d 942; and Griffin , 946 F.3d 759, the motion for summary affirmance is GRANTED
and the Government’s alternative motion for an extension of time to file a
brief is DENIED as moot

. The judgment of the district court is
AFFIRMED

. Case: 20-10992 Document: 00515862475 Page: 2 Date Filed: 05/14/2021
Exhibit 32.1

CERTIFICATION PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned hereby certifies pursuant to 18 U.S.C. Section 1350 in her capacity of President and Chief Executive Officer of Belvedere SoCal (the
Company) that, to my knowledge, (a) the Quarterly Report of the Company on Form 10-QSB for the period ended September 30, 2007 fully complies with the requirements of Section 13(a) and 15(a) of the Securities Exchange Act
of 1934 and (b) that the information contained in such report fairly presents, in all material respects, the financial condition of the Company at the end of such period and the results of operations of the Company for such period.



|                        |  |                                      
|----------------------- |  | -------------------------------------
|Date: November 23, 2007 |  | /s/ Alison Davis                     
|                        |  | Alison Davis                         
|                        |  | President and Chief Executive Officer

A signed original of this written statement required by Section 906, or other document
authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to Belvedere SoCal, and will be retained by
Belvedere SoCal and furnished to the Securities and Exchange Commission or its staff upon request.
# j ORIGINAL

IN THE SUPREME COURT OF THE STATE OF MONTANA OP 24-0375

ROBERT L. REICH,

Petitioner,

v. ORDER CAPTAIN VAUGHN, BUTTE-SILVER BOW COUNTY DETENTION CENTER,

Respondent. 

# FILED JUN 

## 25 2024 Bowen Greenwood Cleric of Supreme Court State of Montane
Robert L. Reich has filed a Petition for Writ ofHabeas Corpus, indicating that his incarceration is illegal and stating that his "due process was violated on 3-1-24 2:00 pm [whenhe]wasbooked intoButte Silverbow [Detention] Center." He further statesthat he should have been released or charged after beingon a nobond hold and then on a 72-hour hold because the latter expired on March 6, 2024. Reich concludes that he should be released fromjail immediately due to false imprisonment. This Court is familiar with Reich'shistory. We denied a petition for habeas corpus reliefin April ofthis year. Reich v. Vaughn, No. OP 24-0174, Order (Mont.Apr. 9, 2024) (Reich I). Reich raised similar claims about his length of detention before his initial appearance as well as due process claims. We stated then:

This Court secured a copy ofthe court's docket sheet. In the ButteSilver Bow County District Court, Reich received a sentence in July 2018, and the District Court revoked his suspended sentence in October 2023. Reich was on probation when he allegedly committed new offenses. Reich includes a copy of the charging document as well as the March 6, 2024 Department ofCorrections' authorization to pick up and hold a probationer. The Department ofCorrections suggested a $500,000 bond and pointed out the various investigations for the felony charges, citing to § 46-23-1012, MCA. On March 8, 2024, the State filed a Petition for Revocation of Suspended Sentence in his 2018 case. 06/25/2024

Case Number: OP 24-0375Reich is not entitled to dismissal of the charges or his immediate

release. Asaprobationer,Reichwasinformed oftheprobationaryconditions and that he is subject to supervision by the Department of Corrections. Section 46-23-1011(1), (3),MCA. We concludethat Reich is not entitledto habeas corpus relief. When Reich receives a final judgment, he has the remedy ofappealing that decision to this Court. M. R. App. P. 4(5)(b)(i); §46-20-104(1), MCA. Reich I, at 1-2. This Court has previously addressed Reich's claims, and we decline to do so again. He has not demonstrated illegal incarceration. Section 46-22-101(2), MCA. Therefore, IT IS ORDERED that Reich's Petition for Writ ofHabeas Corpus is DENIED and DISMISSED. The Clerk is directed to provide a copy ofthis Order to: the Honorable Robert J. Whelan, District Court Judge; Beth Parks, Clerk of Court, under Cause No. DC-18-103 andtoReich'sDefense Counsel;counsel ofrecord;Ann Shea,County Attorney andAaron Rains, Deputy County Attorney, along with a copy ofReich's Petition; Ray Vaughn; and Robert Reich personally DATED this day ofJune, 2024.

2 ChiefJustice
Opinion issued April 1, 2021

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-20-00863-CV

———————————

IN RE ADVANTAGE CARS.COM D/B/A STERLING MCCALL HYNDAI, 

Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Advantage Cars.com d/b/a Sterling McCall Hyundai ( “Advantage”), 

has filed a petition for writ of mandamus requesting that our Court compel the 

Honorable Ursula Hall, presiding judge of the 165th District Court of Harris County, 

to rule on Advantage’s Motion for Leave to Designate Responsible Third Party, 

Advantage’s No-Evidence Motion for Partial Summary Judgment, and Advantage’s 
2

Traditional Motion for Summary Judgment.

1 On the same day the petition was filed, 

Judge Hall issued an order granting Advantage’s motion for leave to designate 

responsible third parties, an order denying Advantage’s traditional motion for 

summary judgment, and an order denying Advantage’s no-evidence motion for 

summary judgment. 

Because Judge Hall has ruled on Advantage’s motions, the petition for writ of 

mandamus is dismissed as moot.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Goodman and Farris.

1 The underlying case is Larry Turner v. Angel T. Soto d/b/a Adventure Dealership 

Services and Advantage Cars.com d/b/a Sterling McCall Hyundai, cause number 

2017-39196, pending in the 165th District Court of Harris County, Texas, the 

Honorable Ursula A. Hall presiding.
##### 



UNITED STATES SECURITIES AND EXCHANGE COMMISSION
 Washington, D.C. 20549
 FORM 8-K
 CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
 Date of Report (Date of earliest event reported): December 6, 2006
 LINN ENERGY, LLC
  Delaware
(State or other jurisdiction of 
incorporation or organization)
    
    000-51719
(Commission File Number)
    
    65-1177591
(IRS Employer Identification No.)
 600 Travis, Suite 7000
Houston, Texas
(Address of principal executive offices)
    
    77002
(Zip Code)
 (713) 223-0880
  o
 o
 o
 o




---



##### 



Item 5.02 Departure of Directors or Certain Officers; Election of Directors; Appointment of
Certain Officers; Compensatory Arrangements of Certain Officers.
  Name
    
    2007 Salary
    
    2006 BonusMichael C. Linn
    
    $
    350,000
    
    
    $
    1,000,000Kolja Rockov
    
    $
    275,000
    
    
    $
    900,000Mark E. Ellis(1)
    
    $
    250,000
    
    
    $
    250,000Thomas A. Lopus
    
    $
    175,000
    
    
    $
    125,000Roland P. Keddie
    
    $
    175,000
    
    
    $
    125,000Lisa D. Anderson
    
    $
    175,000
    
    
    $
    125,000
 
 (1)
    
    Mr. Ellis was appointed Executive Vice President and Chief Operating Officer of the Company effective December 18, 2006. -2-




---



##### 



SIGNATURES
  LINN ENERGY, LLCDate: December 12, 2006
    
    By:
    
    /s/ Kolja RockovKolja RockovExecutive Vice President and 

Chief Financial Officer
 -3-
**Exhibit 32.1**

 

**CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO SECTION 906 OF THESARBANES-OXLEY**

**ACT OF 2002**

 

The undersigned is the CEO and Presidentof Petrocorp Inc.  This Certification is made pursuant to Section 906 of theSarbanes-Oxley Act of 2002.  This Certification accompanies the QuarterlyReport on Form 10-Q of Petrocorp Inc. for the quarter ended March 31, 2010.

 

The undersigned certifies that such 10-QReport fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934 and that the information contained in such 10-QReport fairly presents, in all material respects, the financial condition andresults of operations of Petrocorp Inc. as of March 31, 2010.

 

This Certification is executed as of May20, 2010.

* *

/s/ James Fitzsimons    

     James Fitzsimons

     CEO and President
[Federal Register Volume 89, Number 185 (Tuesday, September 24, 2024)]
[Notices]
[Pages 77813-77814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21805]


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

DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board

[B-28-2024]


Foreign-Trade Zone (FTZ) 75; Authorization of Production 
Activity; Lucid Motors USA, Inc.; (Lithium-Ion Batteries); Casa Grande 
and Tempe, Arizona

    On May 22, 2024, Lucid Motors USA, Inc. submitted a notification of 
proposed production activity to the FTZ Board for its facilities within 
Subzone 75N, in Casa Grande and Tempe, Arizona.
    The notification was processed in accordance with the regulations 
of the FTZ Board (15 CFR part 400), including notice in the Federal 
Register inviting public comment (89 FR 47129, May 31, 2024). On 
September 19, 2024, the applicant was notified of the FTZ Board's 
decision that no further review of the activity is warranted at this 
time. The production activity described in the notification was 
authorized, subject to the FTZ Act and the FTZ Board's regulations, 
including section 400.14.


[[Page 77814]]


    Dated: September 19, 2024.
Elizabeth Whiteman,
Executive Secretary.
[FR Doc. 2024-21805 Filed 9-23-24; 8:45 am]
BILLING CODE 3510-DS-P
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 Patient Access Solutions, Inc. (the Company) on Form 10Q for the period ended July 31, 2008, as filed with the Securities and Exchange Commission on
the date hereof (the Report), I, Louis V. Perrotta , Principal Financial and Accounting Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the SarbanesOxley Act of
2002, to the best of his knowledge, 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.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Dated: September 22, 2008



/s/ Louis V. PerrottaLouis V. PerrottaPrincipal Financial and Accounting Officer
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from Portec, Inc.
1995 10-K and Annual Report and is qualified in its entirety by reference to
such 10-K and Annual Report.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-END>                               DEC-31-1995
<CASH>                                            3477
<SECURITIES>                                         0
<RECEIVABLES>                                    13593
<ALLOWANCES>                                       463
<INVENTORY>                                      17977
<CURRENT-ASSETS>                                 36451
<PP&E>                                           31928
<DEPRECIATION>                                   17757
<TOTAL-ASSETS>                                   57818
<CURRENT-LIABILITIES>                            17076
<BONDS>                                              0
<COMMON>                                          4333
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                     57818
<SALES>                                          97072
<TOTAL-REVENUES>                                 97650
<CGS>                                            68539
<TOTAL-COSTS>                                    90686
<OTHER-EXPENSES>                                  2372
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                1680
<INCOME-PRETAX>                                   2912
<INCOME-TAX>                                        14
<INCOME-CONTINUING>                               2898
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      2898
<EPS-PRIMARY>                                      .63
<EPS-DILUTED>                                      .63
        


</TABLE>
#### BEXAR COUNTY et al. v. CAMP et al.

No. 13535.

Court of Civil Appeals of Texas. Fort Worth.

March 19, 1937.

John A. James, L. J. Gittinger, and Sam Lane, all of San Antonio, for appellants.

*192Rice & Rice, of San Antonio, for ap-pellees.

BROWN, Justice.

Appellees, Martha L. Camp and her husband, John F. Camp, brought suit against Bexar County, its engineer and the State Highway Commission, appellants, asking the district court of Bexar county to give them a temporary injunction restraining the appellants from cutting down trees growing on the right of way, on -each side of the paved highway, and from digging a drainage ditch along such right of way. The cause of action is predicated upon the fact that appellees executed their deed conveying the property for widening the highway, and they rely upon certain reservations found in the deed.

After a hearing, the trial court denied the prayer in so far as it sought to restrain appellants from digging the drainage ditch, but granted the temporary injunction restraining the cutting of the trees.

We find no error. The judgment of the trial court is affirmed.
NOTE: This disposition is nonprecedential. 

United States Court of Appeals 

for the Federal Circuit ______________________ 

EASTERN SHAWNEE TRIBE OF OKLAHOMA,

Plaintiff-Appellant, 

v. 

UNITED STATES, 

Defendant-Appellee. 

____________________ 

2008-5102 

______________________

 

 On remand from the Supreme Court of the United 

States. 

______________________ 

JUDGMENT 

______________________ 

BRIAN J. LEINBACH, Engstrom, Lipscomb & Lack, of 

Los Angeles, California, argued for plaintiff-appellant. 

AARON P. AVILA, Trial Attorney, Environment and 

Natural Resource Division, United States Department of 

Justice, of Washington, DC, argued for defendantappellee. With him on the brief was JOHN C. CRUDEN, 

Acting Assistant Attorney General. Of counsel was 

ANTHONY A. YANG, Assistant to the Solicitor General. 

______________________ 
THIS CAUSE having been heard and considered, it is 

ORDERED and ADJUDGED: 

 PER CURIAM (GAJARSA,

∗ DYK, and MOORE, Circuit 

Judges). 

AFFIRMED. See Fed. Cir. R. 36. 

 ENTERED BY ORDER OF THE COURT

November 3, 2011 /s/ Jan Horbaly,

 Date Jan Horbaly 

 Clerk

 

∗

 Judge Gajarsa assumed senior status on July 31, 2011.
# Official Journal C 62A/2010

| | ISSN 1725-2423
  doi:10.3000/17252423.CA2010.062.eng |
| --- | --- |
| Official Journal
  of the European Union | C 62A |
| | |
| English edition | Information and Notices | Volume 5313 March 2010 |

ISSN 1725-2423

doi:10.3000/17252423.CA2010.062.eng

Official Journal

of the European Union

C 62A

English edition

Information and Notices

Volume 5313 March 2010

---

| Notice No | Contents | page |
| --- | --- | --- |
| | Corrigenda |
| 2010/C 062A/01 | Corrigendum to the vacancy notice for the Administrative Manager function (grade AD 14) of the Office of the Body of European Regulators for Electronic Communications — BEREC Office (OJ C 53 A, 3.3.2010) | 1 |
| 2010/C 062A/02 | Corrigendum to the call for expression of interest for positions of alternate Chairman (COM/2010/10232) and technically qualified member (COM/2010/10233) of the Board of Appeal of the European Chemicals Agency (ECHA) (OJ C 56 A, 6.3.2010) | 1 |

Notice No

Contents

page

Corrigenda

Corrigenda

2010/C 062A/01

Corrigendum to the vacancy notice for the Administrative Manager function (grade AD 14) of the Office of the Body of European Regulators for Electronic Communications — BEREC Office (OJ C 53 A, 3.3.2010)

1

2010/C 062A/02

Corrigendum to the call for expression of interest for positions of alternate Chairman (COM/2010/10232) and technically qualified member (COM/2010/10233) of the Board of Appeal of the European Chemicals Agency (ECHA) (OJ C 56 A, 6.3.2010)

1

---

REVIEW OF COMPETITION C A OJs

Please find below the list of C A published during the present year.

Unless otherwise indicated, OJs are published in all language versions.

| 5 | (FR) |
| --- | --- |
| 9 | |
| 19 | (FR) |
| 23 | (DE/ES/PT) |
| 28 | |
| 48 | |
| 53 | |
| 56 | |
| 57 | |
| 60 | |
| 61 | (DE/EN/FR) |
| 62 | |

5

(FR)

9

19

(FR)

23

(DE/ES/PT)

28

48

53

56

57

60

61

(DE/EN/FR)

62

| EN | |
| --- | --- |

EN
Exhibit 23-2

                 CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS


         As  independent  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  (File  Nos.  2-76135, 33-53501,
33-43838, 33-53435, 33-62892,  333-04813,  333-12827, 333-23981, 333-23659,
333-23653, 333-23645 and 333-23655).



                                                  ARTHUR ANDERSEN LLP      





New York, N.Y.
March 5, 1998
<PAGE>
2005 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

3-25-2005

USA v. Afzal

Precedential or Non-Precedential: Non-Precedential

Docket No. 04-1910

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2005

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova

University School of Law Digital Repository. It has been accepted for inclusion in 2005 Decisions by an authorized administrator of Villanova

University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.

Recommended Citation

"USA v. Afzal" (2005). 2005 Decisions. Paper 1429.

http://digitalcommons.law.villanova.edu/thirdcircuit_2005/1429
-1-

NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

 

No. 04-1910

 

UNITED STATES OF AMERICA

v.

MOHAMMAD AFZAL

Appellant

 

On Appeal from the United States District Court

for the District of New Jersey

(D.C. No. 03-cr-00753)

District Judge: Honorable Dennis M. Cavanaugh

 

Submitted Pursuant to Third Circuit L.A.R. 34.1(a)

February 10, 2005

Before: BARRY, FUENTES, and VAN ANTWERPEN, Circuit Judges.

(Filed: March 25, 2005)

 OPINION OF THE COURT

 

FUENTES, Circuit Judge.
Mohammad Afzal pled guilty to a two count information charging him in Count One

with conspiring to commit bank fraud, and in Count Two with making, uttering and

possessing counterfeit checks. The District Court sentenced Afzal, pursuant to the United

States Sentencing Guidelines, to a 44 month term of imprisonment, and $52,857.34 in total

restitution. Afzal received a two level enhancement for obstruction of justice, and a threelevel enhancement for committing the offense in count two of the information while on

release from the offense in count one. On appeal, he challenges his sentence under United

States v. Booker, 543 U.S. __, 125 S. Ct. 738 (2005). 

Having determined that the sentencing issues appellant raises are best determined by

the District Court in the first instance, we will vacate the sentence and remand for

resentencing in accordance with Booker. Afzal raises no challenge as to his conviction and

accordingly has waived any argument in this regard. We will affirm the judgment of

conviction.