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this opinion should not be published and is not precedent except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

June 19, 2007

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-40307

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MARIO PENA-LOPEZ,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 5:05-CR-1805-ALL

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

Before JONES, Chief Judge, and JOLLY and DENNIS, Circuit Judges.

PER CURIAM:*

Mario Pena-Lopez appeals his guilty-plea conviction and

sentence for illegal reentry, in violation of 8 U.S.C. § 1326. 

Pena-Lopez first argues that the district court erred in

assessing a 16-level “crime of violence” enhancement under

U.S.S.G. § 2L1.2 based on his prior felony conviction for sexual

assault of a child under TEX. PENAL CODE § 22.011(a)(2). According

to Pena-Lopez, such an offense does not constitute a “crime of

violence” within the meaning of § 2L1.2(b)(1)(A). As Pena-Lopez
No. 06-40307

-2-

concedes, we review this argument for plain error. See United

States v. Gracia-Cantu, 302 F.3d 308, 310 (5th Cir. 2002).

The district court committed no error, plain or otherwise. 

A violation of § 22.011(a)(2) “meet[s] a common-sense as well as

a generic, contemporary definition of statutory rape.” United

States v. Alvarado-Hernandez, 465 F.3d 188, 189-90 (5th Cir.

2006). It is thus the equivalent of an enumerated offense that

triggers the § 2L1.2 enhancement. 

Pena-Lopez also challenges the constitutionality of 

§ 1326(b)’s treatment of prior felony and aggravated felony

convictions as sentencing factors rather than elements of the

offense that must be found by a jury. His constitutional

challenge is foreclosed by Almendarez-Torres v. United States,

523 U.S. 224, 235 (1998). Although he contends that

Almendarez-Torres was incorrectly decided and that a majority of

the Supreme Court would overrule Almendarez-Torres in light of

Apprendi v. New Jersey, 530 U.S. 466 (2000), we have repeatedly

rejected such arguments on the basis that Almendarez-Torres

remains binding. See United States v. Garza-Lopez, 410 F.3d 268,

276 (5th Cir. 2005). Pena-Lopez properly concedes that his

argument is foreclosed in light of Almendarez-Torres and circuit

precedent, but he raises it here to preserve it for further

review.

AFFIRMED.
# C_2015038EN.01000102.xml

| 4.2.2015 | EN | Official Journal of the European Union | C 38/1 |
| --- | --- | --- | --- |

4.2.2015

EN

Official Journal of the European Union

C 38/1

---

Non-opposition to a notified concentration

(Case M.7493 — National Grid/Elia/Nemo JV)

(Text with EEA relevance)

(2015/C 38/02)

On 29 January 2015, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English language and will be made public after it is cleared of any business secrets it may contain. It will be available:

1

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7493. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7493. EUR-Lex is the on-line access to the European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

1

---
Materials Not Included in

Airworthiness Directive (AD) Docket

 Docket Number: FAA-2015-1986

 Directorate Identifier: 2012NM100AD

ATR42-27-0104 --- 12/17/10

ATR42-27-0105 --- 2/17/11

ATR72-27-1065 --- 4/15/10

ATR72-27-1065, R01 --- 12/17/10

ATR72-27-1066 --- 2/17/11

Name/Description of Item(s) Not Included in FDMS Docket and Maintained in the 

Supplemental AD Docket

MAY BE VIEWED AT: Federal Aviation Administration

Transport Airplane Directorate

Rules Docket

1601 Lind Ave. SW.,

Renton, WA 98057

425.227.1221

DURING THE HOURS OF: 9 a.m. and 3 p.m., Monday through Friday,

except Federal holidays.

Form Date: 03/05/2008
Exhibit 32.2**CERTIFICATION**Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.§ 1350, as adopted), ShirleyYin, Chief Financial Officer of Oplink Communications, Inc. (the “Company”), hereby certifies that,to the best of her knowledge:**1.**The Company’s Annual Report on Form 10-K for the period ended June 30, 2007, to which thisCertification is attached as Exhibit 32.2 (the “***Annual Report***”) fully complies with therequirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934, as amended;and**2.**The information contained in the Annual Report fairly presents, in all material respects, thefinancial condition at the end of the period covered by the Annual Report and results of operationsof the Company for the periods covered by the Annual Report.**InWitness Whereof,**the undersigned has set her hands hereto as of the 14th day of September, 2007.      /s/ Shirley Yin  Shirley Yin  Chief Financial Officer   This certification accompanies the Form 10-K to which it relates, is not deemed filed with the SECand is not to be incorporated by reference into any filing of the Company under the Securities Actof 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made before orafter the date of the Form 10-K), irrespective of any general incorporation language contained insuch filing.
# C_2016001EN.01000201.xml

| 5.1.2016 | EN | Official Journal of the European Union | C 1/2 |
| --- | --- | --- | --- |

5.1.2016

EN

Official Journal of the European Union

C 1/2

---

Euro exchange rates (1)

1

4 January 2016

(2016/C 1/02)

1 euro =

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,0898 |
| JPY | Japanese yen | 129,78 |
| DKK | Danish krone | 7,4620 |
| GBP | Pound sterling | 0,73810 |
| SEK | Swedish krona | 9,1696 |
| CHF | Swiss franc | 1,0891 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 9,6475 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,023 |
| HUF | Hungarian forint | 315,39 |
| PLN | Polish zloty | 4,2955 |
| RON | Romanian leu | 4,5170 |
| TRY | Turkish lira | 3,2193 |
| AUD | Australian dollar | 1,5153 |
| CAD | Canadian dollar | 1,5172 |
| HKD | Hong Kong dollar | 8,4464 |
| NZD | New Zealand dollar | 1,6146 |
| SGD | Singapore dollar | 1,5533 |
| KRW | South Korean won | 1 297,87 |
| ZAR | South African rand | 16,9558 |
| CNY | Chinese yuan renminbi | 7,1208 |
| HRK | Croatian kuna | 7,6415 |
| IDR | Indonesian rupiah | 15 194,63 |
| MYR | Malaysian ringgit | 4,7363 |
| PHP | Philippine peso | 51,393 |
| RUB | Russian rouble | 79,6738 |
| THB | Thai baht | 39,407 |
| BRL | Brazilian real | 4,4023 |
| MXN | Mexican peso | 18,9353 |
| INR | Indian rupee | 72,6170 |

Currency

Exchange rate

USD

US dollar

1,0898

JPY

Japanese yen

129,78

DKK

Danish krone

7,4620

GBP

Pound sterling

0,73810

SEK

Swedish krona

9,1696

CHF

Swiss franc

1,0891

ISK

Iceland króna

NOK

Norwegian krone

9,6475

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,023

HUF

Hungarian forint

315,39

PLN

Polish zloty

4,2955

RON

Romanian leu

4,5170

TRY

Turkish lira

3,2193

AUD

Australian dollar

1,5153

CAD

Canadian dollar

1,5172

HKD

Hong Kong dollar

8,4464

NZD

New Zealand dollar

1,6146

SGD

Singapore dollar

1,5533

KRW

South Korean won

1 297,87

ZAR

South African rand

16,9558

CNY

Chinese yuan renminbi

7,1208

HRK

Croatian kuna

7,6415

IDR

Indonesian rupiah

15 194,63

MYR

Malaysian ringgit

4,7363

PHP

Philippine peso

51,393

RUB

Russian rouble

79,6738

THB

Thai baht

39,407

BRL

Brazilian real

4,4023

MXN

Mexican peso

18,9353

INR

Indian rupee

72,6170

---

(1)  Source: reference exchange rate published by the ECB.

1

Source

---
Jfourtl) Court of

is>an Antonio,

October 21,2013

No. 04-12-00833-CR

Ramy A. SISY,

Appellant

v.

The STATE of Texas,

Appellee

From the 399th Judicial District Court, Bexar County, Texas

Trial Court No. 2010CR3763

Honorable Juanita A. Vasquez-Gardner, Judge Presiding

ORDER

The State's brief was originally due to be filed with this court on September 11, 2013.

This court granted the State's first motion for an extension of time to file the brief until October

11, 2013. On October 17, 2013, the State filed its second motion for an extension of time to file

its brief until November 14, 2013, for total extension of sixty-four days.

The State's motion is GRANTED. The State's brief must be filed with this court not

later than November 14, 2013. NO FURTHER MOTIONS FOR EXTENSION OF TIME

TO FILE THE STATE'S BRIEF WILL BE GRANTED.

yWr

Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, have hereunto set my hand and affixed the seal of the said

court on this 2J$da^o$,Q£tober, 2013.

'4V OF '*'"

Keith E. Mottle

Clerk of Court
<PAGE>   1
                                                                   EXHIBIT 24.1



                              POWERS OF ATTORNEY
                              MAZEL STORES, INC.


        KNOW ALL MEN BY THESE PRESENTS, that MAZEL STORES, INC., an Ohio
corporation, and each person whose name is signed below hereby constitutes and
appoints Reuven Dessler, Brady Churches and Susan Atkinson, and each of them,
their attorneys-in-fact and agents, with full power of substitution and
resubstitution, for and on behalf of Mazel Stores, Inc. and the undersigned
directors and/or officers of Mazel Stores, Inc., and each of such directors and
officers, to sign the Mazel Stores, Inc.'s Annual Report on Form 10-K for the
fiscal year ended January 25, 1997, and any and all amendments thereto, and
related documents, and to file the same, with Exhibits thereto and other
documents in connection therewith, with the Securities and Exchange Commission,
granting such attorneys-in-fact and agents full power and authority to do and
perform each and every act and thing requisite and necessary in connection with
such matters and herby ratifying and confirming all that such attorneys-in-fact
and agents or their substitute or substitutes may do or cause to be done by
virtue hereof.

        This Power of Attorney of Mazel Stores, Inc., and the directors and
officers of Mazel Stores, Inc. may be executed in multiple counterparts, each
of which shall be deemed an original with respect to the person executing it.

        IN WITNESS WHEREOF, this Power of Attorney has been signed this 25th
day of April, 1997.

                                        MAZEL STORES, INC.

                                        By:  /s/ Reuven Dessler
                                            -------------------   
                                            Reuven Dessler,
                                            Chairman of the Board and
                                            Chief Executive Officer

DIRECTORS AND OFFICERS:

/s/ Reuven Dessler                          /s/ Brady Churches
------------------                         -------------------
Reuven Dessler,                             Brady Churches
Chairman of the Board and
Chief Executive Officer

/s/ Jacob Koval                             /s/ Jerry Sommers
---------------                             -----------------
Jacob Koval                                 Jerry Sommers


/s/ Ned L. Sherwood                         /s/ Charles G. Bilezikian
-------------------                         --------------------------
Ned L. Sherwood                             Charles G. Bilezikian

/s/ Robert Horne                            /s/ Phillip Cohen
----------------                            -----------------
Robert Horne                                Phillip Cohen


                              /s/ Susan Atkinson
                              ------------------
                              Susan Atkinson,
                              Chief Financial Officer and Treasurer
                              (Principal Accounting Officer)
Exhibit 10.10

 

RITE AID CORPORATION 
 2012 OMNIBUS EQUITY PLAN

 

AMENDMENT NO. 1

 

WHEREAS, Rite Aid Corporation, a Delaware corporation (the “Corporation”) has established the Rite Aid Corporation 2012 Omnibus Equity Plan (the “2012 Plan”); and

 

WHEREAS, the Corporation desires to amend the 2012 Plan.

 

NOW, THEREFORE, pursuant to the amendment authority provided in Section 21 thereof, the 2012 Plan is hereby amended as set forth below.

 

1.                                      Paragraph (w) of Section 2 of the 2012 Plan is amended in its entirety to read as follows:

 

“Qualifying Termination” shall mean a termination of employment by the Company other than for Cause or by the Participant with Good Reason.

 

2.                                      Effect on 2012 Plan.  Except as expressly amended hereby, the 2012 Plan shall remain in full force and effect.

 

3.                                      Effective Date.  The effective date of this Amendment No. 1 shall be January 16, 2013.
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

YORK DEVELOPMENT LIMITED 

PARTNERSHIP,

Respondent

v.

ATLANTIC WIRELESS GROUP, INC. 

T/D/B/A CINGULAR WIRELESS AND 

THE WIRELESS EXPERIENCE OF PA 

INC.,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

:

:

:

No. 737 MAL 2017

Petition for Allowance of Appeal from 

the Order of the Superior Court

YORK DEVELOPMENT LIMITED 

PARTNERSHIP,

Respondent

v.

ATLANTIC WIRELESS GROUP, INC. 

T/D/B/A CINGULAR WIRELESS AND 

THE WIRELESS EXPERIENCE OF PA 

INC.,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

No. 738 MAL 2017

Petition for Allowance of Appeal from 

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 3rd day of April, 2018, the Petition for Allowance of Appeal is 

DENIED.
Exhibit
32.01




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 Sangui Biotech International, Inc. (the
“Company”) on Form 10-QSB for the period ending September 30, 2007 as filed
with the Securities and Exchange Commission on the date hereof (the “Report”),
I, Thomas Striepe, Chief Executive Officer, and I, Joachim Fleing, Chief
Financial Officer of the Company, certify, pursuant to 18 U.S.C.
§ 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of
2002, that, to the best of my knowledge and belief:




(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: August 25,
2008  /s/
Thomas Striepe


__________________________________________


By:
Thomas Striepe


Chief
Executive Officer






Dated: August 25,
2008  /s/
Joachim Fleing
 __________________________________________
 By:
Joachim Fleing
 Chief
Financial 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
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.
* Pursuant to Local 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 Local Rule

47.5.4.

1 386 U.S. 738 (1967).

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 95-40772

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

KENNETH WAYNE MITCHELL,

Defendant-Appellant.

Appeal from the United States District Court

For the Eastern District of Texas

(1-95-CR-44)

March 1, 1996

Before POLITZ, Chief Judge, GARWOOD and STEWART, Circuit Judges.

PER CURIAM: *

Kenneth Wayne Mitchell was convicted, pursuant to a guilty plea, of possession with

intent to distribute cocaine base and of distribution of same. He was sentenced as a career

offender to imprisonment for 151 months, the low end of the guideline range, together with

supervised relea s e for three years. Mitchell directed his appointed counsel to notice an

appeal.

Mitchell’s appointed counsel has filed the brief mandated by Anders v. California 12

and a motion to withdraw. On December 4, 1995, the clerk of this court notified Mitchell

of his right to file a response to counsel’s motion within 30 days. No response has been

filed.

Neither the brief nor our independent review of the record discloses any nonfrivolous

issue for appeal. The motion to withdraw is GRANTED, counsel is relieved of further

responsibilities herein, and the appeal is DISMISSED.
EXHIBIT 23.3



               CONSENT OF NETHERLAND, SEWELL & ASSOCIATES, INC.


As independent oil and gas consultants, Netherland, Sewell & Associates,
Inc. hereby consents to the use of our preliminary estimates, as
of April 1, 2001, dated May 23, 2001, setting forth the Pontotoc
Production, Inc. proved developing producing oil and gas reserve and
revenue estimates for properties located in Oklahoma and Texas.  We
hereby consent to all references to our firm included in or made a
part of this Form 10-KSB for the year ended March 31, 2001, filed
by Pontotoc Production, Inc.  We further consent to the incorpora-
tion by reference of said preliminary estimates in the Registra-
tion Statement of Ascent Energy, Inc. on Form S-4 (File No.
333-57746, effective June 29, 2001).


                                NETHERLAND, SEWELL & ASSOCIATES, INC.



                                By:/s/ Danny D. Simmons
                                   Danny D. Simmons
                                   Senior Vice President


Houston, Texas
June 29, 2001
Exhibit
      32.1





STATEMENT
      PURSUANT TO


18
      U.S.C.
      SECTION 1350,


AS
      ADOPTED PURSUANT TO SECTION 906


OF
      THE
      SARBANES-OXLEY ACT OF 2002





I,
      Darryl
      Cohen, Chief Executive Officer and Chief Financial Officer of AskMeNow, Inc.(the
      “Company”), hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted
      pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to my
      knowledge:





(a)
            the
                Quarterly Report on Form 10-QSB of the Company for the quarter ended
                March
                31, 2007 (the “Report”), fully complies with the requirements of Section
                13(a) or 15(d)of the Securities Exchange Act of 1934;
                and





(b)
            the
                information contained in the Report fairly presents, in all material
                respects, the financial condition and results of operations of the
                Company.





Dated:
      May 15, 2007




/s/
      Darryl Cohen





Darryl
      Cohen,


Chief
      Executive Officer and


Chief
      Financial Officer
# C_2016145EN.01000101.xml

| 25.4.2016 | EN | Official Journal of the European Union | C 145/1 |
| --- | --- | --- | --- |

25.4.2016

EN

Official Journal of the European Union

C 145/1

---

Last publications of the Court of Justice of the European Union in the Official Journal of the European Union

Official Journal of the European Union

(2016/C 145/01)

Last publication

Last publication

OJ C 136, 18.4.2016

Past publications

Past publications

OJ C 118, 4.4.2016

OJ C 111, 29.3.2016

OJ C 106, 21.3.2016

OJ C 98, 14.3.2016

OJ C 90, 7.3.2016

OJ C 78, 29.2.2016

These texts are available on:

EUR-Lex: http://eur-lex.europa.eu

---
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2733 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  1st Session
                                S. 2733

To terminate the United States Enrichment Corporation Fund and transfer 
                   remaining amounts to the Treasury.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 14, 2021

 Ms. Hassan (for herself and Ms. Ernst) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL

 
To terminate the United States Enrichment Corporation Fund and transfer 
                   remaining amounts to the Treasury.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States Enrichment Corporation 
Fund Termination and Transfer Act''.

SEC. 2. TERMINATION OF UNITED STATES ENRICHMENT CORPORATION FUND.

    (a) Definition of Fund.--In this section, the term ``Fund'' means 
the United States Enrichment Corporation Fund established by section 
1308 of the Atomic Energy Act of 1954 (68 Stat. 921, chapter 1073; 106 
Stat. 2929) (repealed by section 3116(a)(1) of the Omnibus Consolidated 
Rescissions and Appropriations Act of 1996 (Public Law 104-134; 110 
Stat. 1321-349)).
    (b) Rescission of Amounts.--All amounts in the Fund as of the date 
of enactment of this Act are rescinded.
    (c) Transfer of Amounts.--The Secretary of the Treasury shall 
transfer all amounts in the Fund to the general fund of the Treasury.
    (d) Termination of Fund.--The Fund shall terminate on completion of 
the transfer under subsection (c).
    (e) Deposit of Amounts.--Beginning on the date of enactment of this 
Act, any amounts required to be deposited in the Fund under any other 
law shall be deposited in the general fund of the Treasury.
                                 <all>
```