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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. 1 United States Court of Appeals

Fifth Circuit 

### FILED July 2, 2007 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-40767 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,
versus MARCO ANTONIO SOLIS-ALVAREZ, also known as Marco Antonio Solis-Garza, also known as

Marco Antonio Soliz-Garza,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 5:04-CR-2019-ALL

-------------------- ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before GARZA, DENNIS, and PRADO, Circuit Judges. PER CURIAM: *2

Mr. Solis

-Alvarez pleaded guilty to the charge of attempted illegal re-entry in violation of 8 U.S.C. § 1326 and was sentenced to 33 months of imprisonment, followed by three years of supervised relief. We previously affirmed his sentence. United States v. SolisAlvarez , 169 Fed. Appx. 224 (5th Cir. 2006). The Supreme Court has vacated and remanded the case for reconsideration in light of Lopez v. Gonzalez , 127 S.Ct. 625 (2006). Gutierrez-Tovar et al. v. United States , 127 S. Ct. 828 (2006). Following the Supreme Court's remand,
we requested and received supplemental letter briefs from both parties regarding the impact of Lopez . Mr . Solis has since completed his term of imprisonment and has been deported. His appeal is moot, according to binding circuit precedent. United States v. Rosenbaum-Alanis , 483 F.3d 381, 383 (5th Cir. 2007) (“Because the defendant has been deported . . . and is lega lly unable, without permission of the Attorney General, to reenter the United States to be present for
a resentencing proceeding as required by Rule 43, there is no relief we are able to grant him and his appeal is3

moot.”). We therefore DISMISS the appeal as to the judgment of sentence. We AFFIRM the judgment of conviction; Mr . Solis’s arguments in that regard remain foreclosed by Almendarez-Torres v. United States , 523 U.S. 224 (1998).
Ed, 3 . 3 ( h) ( 2 ) 

/PL\ 86-36/50 use 3605 

MIMOlWDDI FOR '1'BB CJIAIBMAB, ~ SIGNAL mTELLIGDCE :sQ.&Jll>; 

SUBJECT: Va..W.m1 catiou Security. 

RBtWCE: letter ot 10 December 1951 from the Chail'l11ml, ISIB 

to the Cbair-.n, tSCIB (l.SIB/224/51) 

1. CD 11 Jamrary 1952 t.he Presi~d the report or. \"the 

U. s. -U .. K. Conf'erence on the Security o.r L____JCcwmmm.ie''-tioml 

2. mcIB bu comidered the reference letter and t~t; •the 

folloving ob9ervatimaa: 

a. It vu agreed at the U.S~ -U,.lC. Ccmf'erence \~bat &n :!m_-

provemant 1n tm gean.l ae.curi ty 0£ tbel I aavem ... 

ment mat be prere~_-.·./to ef':f.'octiv~ cor:',"."ection o· .. £ 

the i.mecurity ot L_ __ Jccmmmicatiom 

b. I.....__---.-.--________ .....,........._----=--.............-------.-.,............. 

aecm.-i ty. Tli&t report i& NJ. e:x&miJle.tiOJa of :present 

aecuri ty condi tiou./ and a ca ta.log of et;mdl:U'ds and 

procedures vh,ieh, _if' approved a.ad. implemented_. night 

produce tbe mceeeary inrprcr,,.emen.t in genern.1.I I 

•ecwity. 

c. It ia tbe UD&iltrateDd of mcm the.t an ~·pproach to 

3. Foll.avi.ng/tbeae devel.opBenta OOCIB will, u pre':viously sgreed; 

be prepared to dUcuae the meua tor approaching t~ I laJ.ong the general l.ines recammcmded ..,.._:..n--1,..,,..be--re-f,...e-re--nc_e __ 

letter. 

W. Bo 5MI'l'B 

Cb&il"lllell, United Ste.tea Comnmnicaticms Intel.ligel!lCe Boa.."C"d. 

Declassified and approved for release by NSA on 03-12-2014 pursuantto E .0. 1352a 

AFSA FORM 781-ClOS 

6 JUL 51 TOP SECRET SUEDE
~397_. 

USCIB: 4. 2/48 

27 May 1955 

'l'QP S::SQREP 

MEMORANDUM. FOR THE MEMBERS OF USCIB: 

Subject~ Exception to Provisions of USCIB Directive No. 15. 

References: (a) USCIB 4.2/44, dated 21 April 1955. 

(b) USCIB 4.2/46, dated 9 May 1955. 

30'!.-

l. USCIBEC considered the references at its ~th-meeting, 26 May 

1955, and in connection therewith, received a presentation by Colonel 

John H. Mccann, USAF, Assistant Deputy Chief of Staff (Intelligence), 

Continental Air Defense Cormnand (CONAD) on the mission of that organization. 

2. With the understanding that Joint Air Force Division commanders 

of CONAD have responsibilities comparable to those commanders of numbered 

Air Forces and, further, that such Air Division cormnanders may need to 

take action based upon CCMINT of any category to protect the vital 

interests of the United States, USCIBEC agreed to recommend approval of 

the request contained in reference (a) and consequent amendment of the 

subject directive. 

3. The foregoing recommendation of USCIBEC is forwarded for USCIB 

consideration. In the absence of objection by any member by the close of 

business 8 June 1955 this recommendation will be considered approved • 

., 

aptain, • Navy 

e tive Secretary, USCIB 

USCIB: 4.2/48
TOP Sif~Ef n : AS 7 itil. 7 

-

24 USCIB; 5 • .3/52 

'f:8P SECft!T - U.S. E!E etifiY 

17 Septanber 1954 ~- UNI'rED STATFB COMMUNICATIONS INTELLIGENCE BOARD EXECUTIVE COMMITTEE 

AGENDA FOR 

Nineteenth Meeting at l~OC1, on Tuesday-, 21 September 1954, 

in the~~rojection Room, Administration Building, CIA, 

Washington, tl. C. 

Captain Rufus L. T&lor, USN, Chairman 

Date of Initial Subject 

Consideration Numbers 

2.3 Sep 1954 5 • .3/ 

23 Sep 1954 2$.19/ 

23 Sep 1954 9.3/ 

15 Sep 1954 2!1.9/ 

PART. I - Agenda Items 

Sub.1ect 

1. Final Minutes of the 17th 

Meeting 

2. CCJ.IINT Arrangements with 

Third Parties4 ~ (USCIB ~.19/ ; 'lffy.19/4) 

3. USCIB Master Requirements 

List (Report by Director, 

NSA) (USCIB 9.3/7) 

4.*Intercept Base Rights in 

Ita'.cy 

Sul:mitted by 

Secretariat 

USCIB 

EO 3.3(h)(2) 

PL 86-36/50 USC 3605 

Director, NSA 

CIA Member 

*Added Item: Further d·iscussion of problem has been requested in light of 

considerations arising subsequent to special USCIBEC meeting on 15 Sep 1954. 

Papers in preparation. Item will be considered as first order of business. 

USC!"B: 5 • .3/52 

TOP SECRET 

eclassified and a roved for release b NSA on 09-05-2014 ursuantto E.O. 1352 
USCIB: 5 • .3/52 

TOP tmf~~:A57~7 .., 

17 September 1954 

'i'9P SBGRm' Ua81 E¥U OW".¥ 

PART II - Background Information on Items to be Considered 

Item No. Subject and Summag 

1. Approval of Final Minutes of the 17th Meeting. The tentative 

version of the subject minutes was approved Wtthout change, and 

is now subject to final USCIBEC approval. 

2. COMINT Arrangements with Third Parties I .... ---.... l. At the 106th 

Meeting of USCIB, it was agreed that USCIBEC would meet to 

conside ..r·······.a:·· ..P .. propriate wording for a message of notif'i·· .. cr:· 0

: +

0 

!Ion 

~em the abo·v·····e····· ... s .. ubject, and, also, would study the· ...... - ......... -.---- to determine the extent to whi r.b +.br U.S. sho e 

willing to go in negoti~t,~ons with I : > The first matter 

having been handled in a special.JD.eeting of the Committee on 

15 September 1954, the second is tobec()Jlsid.ered~t the caning 

meeting. In this conqection, USCIB ~ .19/4; cor:rta,~nil'lg NSArecommended changes in". the wording of paragraph 5 of thee 

enclosure with USCIB 2'9 .19/1, will be considered. EO 3.3(h)(2) 

PL 86-36/50 USC 3605 

.3. NSA Report on USCIB Master Requirements List. The USCIB Master 

Requirements List was approved by USCIB on 3 July 1953 and 

transmitted to the Director, NSA on 14 July 195.3, with a request 

that the Director, NSA, advise USCIB conceming the extent to 

which U~S. CCMINT resources could be applied effectively to 

fulfill the stated requirements in the order listed. The report 

by the Director, NSA, was distributed to USCIB members as 

USCIB 9.3/7, 27 July 1954, and was originally scheduled for consideration at the 17th meeting of USCIBEC; however, consideration 

was postponed until a future meeting. 

.. 

~t THIS DOCUMENT CONTAINS COMMUNICATIONS INTELLIDENCE INFORMA'TION 'AND SHALL BE 

HANBt.EB ON:b'f :EN 6lb\Htff!i:'ES EIPRESStaY PROOBBB FOR eoMHft'. 

USCIB: 5 • .3/52 

TOP SECRE'f
.... 

.. .. 

.. 

REF ID:A2263171 ~ 

BORIS HAGELIN Zug, May 29th 1956. 

Dear Bill: 

- Many thanks for your interesting letter of May 4, which I received; 

just after I mailed my previous letter to yout ~ 

I do hope that there has been final action now on you bill - I am sure = ~ 

you will let us know, as we are very anxious to learn about this impor- ~ 

tant event! . = 

I can well understand what you must have had to suffer through the on- -iiii alaught of the reporters. But I must say that I found the article in 

11 'l'IME11 very nice and interesting /there were things in it which was ::. 

news to me!/, and the photo of iou and Elizabeth was very good. I only - wish I had a good photographic copy of it. -

1111!' 

I am now back from Paris, where we had a very satisfactory dernonst:Oatios.. 

of our new rotor machine. It will now be studied by the French autori- • 

ties, and we hope there wili:be s6me action on it before this year is -

!!! out. 

I will now try 

are leaving on 

both Annie and 

to forget about machines for the next three weeks. We 

the 22nd for Badenweiler, and it will be very good for 

myself, I think. 

F-rom a telegram from Arlington, on Mothers Day, we learnt that Eaith 

might be there, and I trust that it will notL be long now, before they 

get a home and can settle down to the job, Bo has before him. 

-

-

-

iii • !!!!!!!!' 

=-

Ahd it is only a bare month from now that we shall see Ingrid and --

Margareta with their families, in Sundsvlk. You can well imagins that II 

we look forward with great.expectations to this family reunimn. 

And we feel sure that this summer vacation should also become very -

= 

useful for our girls: a good climate, old friends and also their II 

-- parents and other rel a tl ves around!. Plenty of space, and for the kids, - all the animals. · .-- = 

I do hope that both you and Elizabeth are recuperating now from the 

difficult times of this winter and springl Annie joins me in sending 

our love to you, and best wishes! 

Affectionately 

@'pproved for Release by NSA on 08-05-2014 pursuantto E.O. 1352a 

.-·-·-· = 

• 

-

• = 

--

• 

-

• • -1 

I 

• ii 

I 

I
POWER OF ATTORNEY

KNOWN ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appoints each of Robert K. Kretzman and Michael T. Sheehan or any of them, each acting alone, his true and lawful attorney-in-fact and agent, with full power of substitution, for him and his name, place and stead, in any and all capacities, in connection with the REVLON, INC. (the Corporation) Annual Report on Form 10-K for the year ended December 31, 2007 (the Form 10-K) under the Securities Exchange Act of 1934, as amended, including, without limiting the generality of the foregoing, to sign the Form 10-K in the name and on behalf of the Corporation or on behalf of the undersigned as a director or officer of the Corporation, and any amendments to the Form 10-K and any instrument, contract, document or other writing, of or in connection with the Form 10-K or amendments thereto,
and to file the same, with all exhibits thereto, and other documents in connection therewith, including this power of attorney, with the Securities and Exchange Commission and any applicable securities exchange or securities self-regulatory body, granting unto said attorneys-in-fact and agents, each acting alone, full power and authority to do and perform each and every act and thing requisite and necessary to be done in and about the premises, as fully to all intents and purposes as he might or could do in person, hereby ratifying and confirming all that said attorneys-in-fact and agents, each acting alone, or his substitute or substitutes, may lawfully do or cause to be done by virtue hereof.

IN WITNESS WHEREOF, the undersigned has signed these presents this 4th day of March, 2008.



/S/ RONALD. O. PERELMANRONALD O. PERELMAN






---
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET OF NEW ENGLAND BUSINESS SERVICE, INC. AND ITS
SUBSIDIARIES AS OF JUNE 26 1999 AND THE RELATED STATEMENTS OF CONSOLIDATED
INCOME AND CASH FLOWS AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-26-1999
<PERIOD-START>                             JUN-28-1998
<PERIOD-END>                               JUN-26-1999
<CASH>                                           5,484
<SECURITIES>                                         0
<RECEIVABLES>                                   52,546
<ALLOWANCES>                                     4,899
<INVENTORY>                                     21,538
<CURRENT-ASSETS>                                99,703
<PP&E>                                         145,622
<DEPRECIATION>                                  90,450
<TOTAL-ASSETS>                                 300,262
<CURRENT-LIABILITIES>                           45,775
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        15,358
<OTHER-SE>                                     106,171
<TOTAL-LIABILITY-AND-EQUITY>                   300,262
<SALES>                                        470,477
<TOTAL-REVENUES>                               470,477
<CGS>                                          172,241
<TOTAL-COSTS>                                  172,241
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                 4,151
<INTEREST-EXPENSE>                               8,494
<INCOME-PRETAX>                                 43,742
<INCOME-TAX>                                    17,291
<INCOME-CONTINUING>                             26,451
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    26,451
<EPS-BASIC>                                     1.84
<EPS-DILUTED>                                     1.81


</TABLE>
<PAGE>
 
                                                                    EXHIBIT 23.1
                                                                                

                       INDEPENDENT ACCOUNTANTS' CONSENT
                                        
     We consent to the incorporation by reference in this Registration Statement
on Form S-3 of our report, which includes an explanatory paragraph that
CardioTech was a majority owned subsidiary of PolyMedica Corporation from
inception to June 12, 1996, dated May 27, 1998, on our audits of the
consolidated financial statements of CardioTech International, which report
is included in the Company's Annual Report on Form 10-K for the year ended
March 31, 1998. We also consent to the reference to our firm under the caption
"Experts".



                                       /S/ PRICEWATERHOUSECOOPERS LLP

                                           PRICEWATERHOUSECOOPERS LLP

Boston, Massachusetts
February 12, 1999
exhibit10-1.htm


    Exhibit
10.1

    REAL
ESTATE PURCHASE AGREEMENT

    


    THIS AGREEMENT is made and entered into
this 6th day of October, 2008, by and between Michael R. Moore and Viola V.
Moore, husband and wife, hereinafter referred to as “Seller”, and Capital Bank,
hereinafter referred to as “Purchaser”.

    


    In consideration of the mutual promises
herein contained, the Purchaser agrees to purchase and the Seller agrees to
sell, according to the terms and conditions of this Agreement, the residential
real estate now owned by the Seller and located at 16 Old Coach Road, Bowling
Green, Wood County, Ohio 43402.

    


    The purchase price shall be $345,000.00
payable in full at closing. Closing to be on October 15, 2008, at the law
offices of Marsh and Marsh, 249 South Main Street, Bowling Green,
Ohio.

    


    Purchaser acknowledges inspection of
the premises, knows the condition thereof and is purchasing the premises and
fixtures in an “as is” condition based upon said personal inspection and not in
reliance upon any statements or representations.

    


    It is further agreed that Seller shall,
at Seller’s expense, furnish a Guaranteed Certificate of Title following
closing. Closing shall take place on a commitment therefor, which shall be
payable by the Purchaser. The title evidence shall be currently dated, shall
bear a stated liability equal to the purchase price of the property, and shall
be made by a responsible title insurance company showing the premises to be in
the name of the Seller, free and clear from all material defects and
encumbrances.

    


    Possession shall be given Purchaser on
date of closing.

    


    All taxes and assessments shall be
pro-rated according to the Wood County method to the date of closing. In
pro-rating taxes and assessments, the latest available tax duplicate shall be
used.

    


    At time of closing, Seller shall convey
to Purchaser a marketable title in fee simple to the premises by transferable
and recordable general warranty deed, with proper release of dower, if any, free
and clear of all liens, and encumbrances except taxes and assessments due and
payable after date of closing.

    


    This Agreement shall be binding upon
Purchaser and Seller, and their respective heirs, executors, administrators,
successors and assigns.

    


    This Agreement shall be governed by the
laws of the State of Ohio.

    


    
      	 
      	 
      	 
      
	 
      	
              /s/      Michael R.
      Moore

            	 
      
	 
      	
              Michael R. Moore – Seller

            	 
      
	 
      	 
      	 
      
	 
      	
              /s/ Viola V.
    Moore

            	 
      
	 
      	
              Viola V. Moore – Seller

            	 
      
	 
      	 
      	 
      
	 
      	
              CAPITAL BANK– Purchaser

            	 
      
	 
      	 
      	 
      
	 
      	 
      	 
      
	 
      	
              By:  /s/ 
      Teresa
      White

            	 
      
	 
      	
              Teresa
White

            	 
      
	 
      	
              Sr. Vice President and Human
      Resources Director
USCIB: 29.20/2 II-ANJ:>'fuEi YIA SOMJ:N'i' ~ SHANN:Ea:.S ON±:.¥ 

7 March 1955 

[Eo 3.3(h) (2) 

PL g6~36/50 USC 3605 

MEMORANDUM FOR THE MEMBERS OF USCIB: 

Subject: 

Reference: USCIB 29. 20/l of 17 February 19$S. 

1. Vote sheet response to th, Arm.y membet-'s '.P·· .. roposals concerning continuation I !activities in_ • •I as\ described in the refer-, 

ence were as follows: 

For Straight Approval: 

DEFENSE 

ARMY 

NAVY 

FBI 

For Approval with Additional Recommendation: 

AIR FORCE - "It is desired that particular emphas:is be placed upon 

the requirement for coordination with \USAFE." 

For Disapproval: 

STATE - 11The Army proposal seems premature at this time. Suggest 

that the Board ref er this matter to the Executive Committee 

to keep under continuous review and to advise the Board when 

the course or action proposed by Army becomes advisable or 

of any other course of action which may become desirable." 

CIA - 11CIA is in agreement with the purpose of the Anrry proposal 

that this operation should be. con.tinued by thT U.S. Arpry. 

However, it is felt that the situation within_ J both 

politically and within the I · I intelligence community, 

is not sufficientiy clear to determine the proper means 

within thel io ensure continuation of the 

operation. 

"Accordingly, CIA feels that G-2' s suggestion may be premature, and would prefer to defer decision upon it until the 

above-mentioned factors have become clearer, and until the 

ratification of the treaty is more imminent. In the meanwhile, it is understood that the continuation of the operation is not now in jeopardy." 

USCIB: .20 2 Hldft>LE VI:A eeMfN'f 6Hk:NNELB ertLY 

eclassified and approved for release by NSA on 07-02-2014 pursuant to E.O. 

3526 

TOP SECRET 
.· 

USCIB: 2J}.20/2. 

'lQP SEl8RE'! 

EO 3.3(h) (2) 

PL 86-!6f5Q USC 3605 7 March 1955 

Subject: 

_l ___ ....,...._........ ----= ---= =-= - =-= = ------___.._l_ _ For Consideration at Next Regular Meeting: 

NSA 

2. Accordingly this matter has been placed on the agenda as item 

four for consideration at the 11 March meeting of USCIB. 

aptain, U. S. Navy 

u ive Secretary, USCIB 

USCIB: 2JJ. 20/2 - 2 -

TOP SECRE!T
**Exhibit 10.24**

 

**FIRST AMENDMENT TO CONSULTING AGREEMENT**

 

THIS FIRST AMENDMENT TO CONSULTING AGREEMENT (this “Amendment”), effective as of June 27, 2005, isentered into by and between PETCO ANIMAL SUPPLIES STORES, INC., a Delaware corporation (formerly named PETCO Animal Supplies, Inc.) (the “Company”), and Brian K. Devine (“Consultant”). Capitalized terms used but nototherwise defined herein shall have the meanings ascribed to them in the Original Agreement (as defined below). All Section, Exhibit and Annex references in this Amendment are to Sections, Exhibits and Annexes of the Original Agreement. 

 

WHEREAS, the Company and Consultant are parties to that certain ConsultingAgreement (the “Original Agreement”) effective as of November 29, 2001. 

 

WHEREAS, pursuant to an Agreement and Plan of Reorganization dated as of January 13, 2005, the Operating Company implemented a holding company form of organizational structure (the “Reorganization”)by the merger of PETCO Merger Co., a Delaware corporation and a wholly-owned subsidiary of PETCO Animal Supplies, Inc., a Delaware corporation (“Parent”), with and into the Company, with the Company being the surviving corporation.As a result of the Reorganization, the Company became a direct, wholly-owned subsidiary of Parent and ceased to be a publicly-traded company. Parent is now a publicly-traded company on the Nasdaq National Market. 

 

WHEREAS, the parties desire to amend the Original Agreement as set forthbelow to reflect the Reorganization. 

 

NOW, THEREFORE, inconsideration of the foregoing, the parties hereby amend the Original Agreement as follows: 

 

1. References to Parents and Subsidiaries of Company. The words “or any parent or subsidiary of Company” are hereby added to the end of Section 1, after the second to last reference to“Company” in Section 5, after the first reference to “Company” in Section 7 and after the first reference to “Company” in Section 8. The following sentence is hereby added to the end of Section 6: “For purposes ofthis Section 6, the term “Company” shall include all parents and subsidiaries of Company. 

 

2. References to Employment Agreement. All references to the “Employment Agreement” in the Original Agreement shall be deemed referencesto that certain Amended and Restated Employment Agreement effective as of October 2, 2000, between Company and Consultant, as amended by that certain First Amendment to Employment Agreement effective as of June 27, 2005, among Company, Parent andConsultant, as further amended from time to time. 

 

3.Miscellaneous. This Amendment shall be and is hereby incorporated in and forms a part of the Original Agreement. All other terms and provisions of the Original Agreement shall remain unchanged except as specifically modified herein.

IN WITNESS WHEREOF, the parties have executed this Amendment as of the date set forth above. 

 
PETCO ANIMAL SUPPLIES STORES, INC.By: 
/s/ Rodney Carter
Name: Rodney CarterTitle: Senior Vice President and Chief Financial OfficerCONSULTANT
/s/ Brian K. Devine
Brian K. Devine
 

2