alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH C IR . 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals Fifth Circuit 

## FILED October 22, 2003 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-50348 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus HUMBERTO TORRES-RODRIGUEZ, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. DR-02-CR-567-1-AML

-------------------- Before KING, Chief Judge, and JOLLY and STEWART, Circuit Judges.
PER CURIAM: * Humberto Torres-Rodriguez appeals the sentence imposed following his guilty plea conviction of being found in the United States after deportation/removal in violation of 8 U.S.C. § 1326. Torres contends that 8 U.S.C. § 1326(a) and 8 U.S.C. § 1326(b) define separate offenses. He argues that the prior conviction that resulted in his increased sentence is an element of a separate offense under 8 U.S.C. § 1326(b) that should have been alleged in his indictment. Torres maintains that he pleadedNo. 03-50348 -2- guilty to an indictment which charged only simple reentry under 8 U.S.C. § 1326(a). He argues that his sentence exceeds the two-year maximum term of imprisonment which may be imposed for that offense.
In Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998), the Supreme Court held that the enhanced penalties in 8 U.S.C. § 1326(b) are sentencing provisions, not elements of separate offenses. The Court further held that the sentencing provisions do not violate the Due Process Clause. Id. at 239-47. Torres acknowledges that his arguments are foreclosed by Almendarez-Torres , but asserts that the decision has been cast into doubt by Apprendi v. New Jersey , 530 U.S. 466, 490 (2000). He seeks to preserve his arguments for further review. Apprendi did not overrule Almendarez-Torres
. See Apprendi , 530 U.S. at 489-90; United States v. Dabeit , 231 F.3d 979, 984 (5th Cir. 2000). This court must follow Almendarez-Torres “unless and until the Supreme Court itself determines to overrule it.” Dabeit , 231 F.3d at 984 (internal quotation marks and citation omitted). The judgment of the district court is
AFFIRMED. The Government has moved for a summary affirmance in lieu of filing an appellee’s brief. In its motion, the Government asks that an appellee’s brief not be required. The motion is GRANTED.
AFFIRMED; MOTION GRANTED.
A.N.S. v. P.C.N.

2160084

Court of Civil Appeals of Alabama.

March 21, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
J.I. v. B.B.

2160107

Court of Civil Appeals of Alabama.

March 2, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
[Grant Thornton Letterhead]



                                     CONSENT

We have issued our reports dated March 8, 2000,  accompanying  the  consolidated
financial  statements  and  schedule  included in the Annual  Report of Flanders
Corporation and  Subsidiaries on Form 10-K for the year ended December 31, 1999.
We hereby  consent to the  incorporation  by  reference  of said  reports in the
Registration  Statement of Flanders  Corporation  and  Subsidiaries  on Form S-8
(File No. 333-31667, effective July 21, 1997).

                                                     /s/ GRANT THORNTON LLP



Salt Lake City, Utah
April 8, 2000
FILED

January 27, 1998

Cecil W. Crowson

Appellate Court Clerk

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT NASHVILLE

MAY SESSION, 1997

MONROE BROWN, ) C.C.A. NO. 01C01-9607-CR-00305

)

Appellant, )

)

) DAVIDSON COUNTY

VS. )

) HON. THOMAS H. SHRIVER

STATE OF TENNESSEE, ) JUDGE

)

Appellee. ) (Post Conviction-Relief)

FOR THE APPELLANT: FOR THE APPELLEE:

DAVID I. KOMISAR JOHN KNOX WALKUP

211 Printer’s Alley Bldg. Attorney General and Reporter

Ste. 400

Nashville, TN 37201-1414 LISA A. NAYLOR

Assistant Attorney General

450 James Robertson Parkway

Nashville, TN 37243

VICTOR S. JOHNSON

District Attorney General

PAM ANDERSON

Assistant District Attorney

222 Second Avenue, North

Suite 500

Nashville, TN 37243

ORDER FILED ________________________

AFFIRMED PURSUANT TO RULE 20

JERRY L. SMITH, JUDGE
- 2 -

ORDER

A Davidson County Criminal Court jury found Appellant Monroe Brown guilty of

one count of second degree murder. As a Range II persistent offender, he received a

life sentence in the Tennessee Department of Corrections. In this appeal, Appellant

presents the following issue for review: whether the trial court erred in dismissing

Appellant's petition for post-conviction relief.

After a review of the record, we affirm the judgment of the trial court pursuant to

Court of Criminal Appeals Rule 20.

On March 31, 1987, this Court affirmed Appellant's conviction. State v. Monroe

Brown, No. 86-221-III, Davidson County (Tenn. Crim. App., Nashville, March 31, 1987),

perm. to appeal denied, (Tenn. 1987). On July 3, 1991, Appellant filed his first petition

for post-conviction relief. The trial court dismissed this petition, concluding that the

petition was barred by the statute of limitations. We affirmed the trial court's decision.

Monroe Brown v. State, C.C.A. No. 01C01-9112-CR-00367, Davidson County (Tenn.

Crim. App., Nashville, August 6, 1992), perm. to appeal denied, (Tenn. 1992).

Appellant filed two amended petitions for post-conviction relief on November 17, 1995.

On February 9, 1996, the trial court denied both petitions.

Tennessee law is well-settled in this area. Pursuant to Tenn. Code Ann. § 40-

30-102 (1990, Repl.), the statute of limitations for the filing of a petition for postconviction relief began to run on June 8, 1987 and ended three years later on June 8,

1990. Appellant’s contention concerning the reasonable doubt jury instruction allegedly

given in his case does not fall within any rule of law which would toll the running of the

statute of limitations. Moreover, a jury instruction similar to the one about which

Appellant complains was approved by this Court in Pettyjohn v. State, 885 S.W.2d 364,

365 (Tenn. Crim. App. 1994).
- 3 -

Accordingly, we affirm the trial court's judgment pursuant to Court of Criminal

Appeals Rule 20.

____________________________________

JERRY L. SMITH, JUDGE

CONCUR:

___________________________________

PAUL G. SUMMERS, JUDGE

___________________________________

DAVID G. HAYES, JUDGE
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000882342
<NAME> 90CC
<MULTIPLIER> 1

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                         108,028
<SECURITIES>                                         0
<RECEIVABLES>                                   76,319
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               184,347
<PP&E>                                       5,782,612
<DEPRECIATION>                               4,962,356
<TOTAL-ASSETS>                               1,004,603
<CURRENT-LIABILITIES>                           18,813
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     985,790
<TOTAL-LIABILITY-AND-EQUITY>                 1,004,603
<SALES>                                        193,711
<TOTAL-REVENUES>                               195,208
<CGS>                                                0
<TOTAL-COSTS>                                  103,387
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 91,821
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             91,821
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    91,821
<EPS-BASIC>                                      12.07
<EPS-DILUTED>                                        0


</TABLE>
EXHIBIT
32.2

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the quarterly report of Apria
Healthcare Group Inc. (the company or Apria) on Form 10-Q for
the quarter ended March 31, 2004 as filed with the SEC on the date hereof (the
Report), I, Amin I. Khalifa, Executive Vice President and 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:

|(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.
|--- | --------------------------------------------------------------------------------------------------------------------------------------------------------------

/s/ AMIN I. KHALIFA
Amin I. Khalifa
Executive Vice President and Chief Financial OfficerMay 10, 2004

A signed original of this written statement required by
Section 906 has been provided to Apria and will be retained by Apria and furnished to the
Securities and Exchange Commission or its staff upon request.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-1997
<PERIOD-END>                               DEC-31-1996
<CASH>                                          21,322
<SECURITIES>                                         0
<RECEIVABLES>                                  261,444
<ALLOWANCES>                                    29,600
<INVENTORY>                                     16,005
<CURRENT-ASSETS>                               306,103
<PP&E>                                         488,891
<DEPRECIATION>                                 193,491
<TOTAL-ASSETS>                                 861,382
<CURRENT-LIABILITIES>                          172,723
<BONDS>                                        295,270
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           203
<OTHER-SE>                                     339,714
<TOTAL-LIABILITY-AND-EQUITY>                   861,382
<SALES>                                        280,202
<TOTAL-REVENUES>                               280,202
<CGS>                                                0
<TOTAL-COSTS>                                  258,520
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 17,628
<INCOME-TAX>                                     7,240
<INCOME-CONTINUING>                             10,325
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                         0
<EPS-PRIMARY>                                     0.53
<EPS-DILUTED>                                     0.53
        

</TABLE>
IA 

117TH CONGRESS 

1ST SESSION H. J. RES. 18 

Proposing an amendment to the Constitution of the United States to limit 

the number of terms that a Member of Congress may serve. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 25, 2021 

Mr. HERN submitted the following joint resolution; which was referred to the 

Committee on the Judiciary 

JOINT RESOLUTION 

Proposing an amendment to the Constitution of the United 

States to limit the number of terms that a Member 

of Congress may serve. 

1 Resolved by the Senate and House of Representatives 

2 of the United States of America in Congress assembled

3 (two-thirds of each House concurring therein), That the fol4 lowing article is proposed as an amendment to the Con5 stitution of the United States, which shall be valid to all 

6 intents and purposes as part of the Constitution when 

7 ratified by the legislatures of three-fourths of the several 

8 States: 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HJ 18 IH 

1 ‘‘ARTICLE— 

2 ‘‘SECTION 1. No person who has served three terms 

3 as a Representative shall be eligible for election to the 

4 House of Representatives. For purposes of this section, 

5 the election of a person to fill a vacancy in the House of 

6 Representatives shall be included as one term in deter7 mining the number of terms that such person has served 

8 as a Representative if the person fills the vacancy for more 

9 than one year. 

10 ‘‘SECTION 2. No person who has served two terms 

11 as a Senator shall be eligible for election or appointment 

12 to the Senate. For purposes of this section, the election 

13 or appointment of a person to fill a vacancy in the Senate 

14 shall be included as one term in determining the number 

15 of terms that such person has served as a Senator if the 

16 person fills the vacancy for more than three years. 

17 ‘‘SECTION 3. No term beginning before the date of 

18 the ratification of this article shall be taken into account 

19 in determining eligibility for election or appointment under 

20 this article.’’. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS
<Page>

                                                                    Exhibit 32.1

   CERTIFICATION OF CHIEF EXECUTIVE OFFICER 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 on Form 10-K of Ascential Software
Corporation (the "Company") for the period ended December 31, 2003 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned, Peter Gyenes, Chief Executive Officer of the Company, hereby
certifies, pursuant to 18 U.S.C. Section 1350, to the best of his knowledge and
belief, 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.

Date: March 15, 2004                    /s/ Peter Gyenes
                                        -----------------------
                                        Peter Gyenes
                                        Chief Executive Officer
The U.S. Uniformed Services 

Blended Retirement System Reserve Component

The Fiscal Year 2016 National Defense Authorization 

Act provides our military force with a modernized 

retirement plan built for retirement savings. 

Beginning in 2018, Reserve Component service 

members can get automatic and matching 

Thrifts Savings Plan contributions, a mid-career 

compensation incentive, and if they obtain 20 

years of service, monthly retired pay for life 

starting at age 60.* All service members under 

the current system are grandfathered into today’s 

retirement system.

Effective Date: January 1, 2018

Retirement System Selection

Reserve Component members with more than 4,320 retirement 

points will remain under the legacy retirement system.

Reserve Component members with less than 4,320 retirement 

points as of December 31, 2017, will have the choice of whether to 

opt into the new Blended Retirement System or remain in the legacy 

retirement system.

New accessions after January 1, 2018, will automatically be enrolled in 

the new Blended Retirement System.

Reservists and Guardsmen While Serving

Thrift Savings Plan Contributions 

You Contribute DoD Auto 

Contribution DoD Matches Total

0% 1% 0% 1%

1% 1% 1% 3%

2% 1% 2% 5%

3% 1% 3% 7%

4% 1% 3.5% 8.5%

5% 1% 4% 10%

The DoD automatically contributes 1% of your basic pay or Inactive Duty Pay 

to your Thrift Savings Plan after 60 days of service.

You’ll see matching contributions at the start of 3 years through 

the completion of 26 years of service, and...

You’re fully vested − it’s yours to keep − after completing 2 years 

of service and it goes with you if you leave.

Continuation Pay

Received at the mid-career point

At the mid-career mark, you may receive a cash 

payment in exchange for additional service.

Retired Reservists and Guardsmen Eligible for Retirement Pay

Monthly Annuity for Life

2% x

Years 

Served

x

Retired 

Pay Base

Calculate your retired pay base by averaging

the highest 36 months of basic pay. 

You’ll gain this monthly annuity for life after completing 

20 qualifying years of service and attaining age 60*

*or earlier based on qualifying active service.

Collecting Your Retired Pay

OPTION

1

Full retired pay annuity beginning at age 60 

or earlier based on credited active service

or

OPTION

2

 Lump sum with 

25% or 50% lump sum and reduced monthly annuity at age 60*

Monthly annuity bumps back up to 100% at full retirement age 

(67 in most cases).

You can find additional information at http://militarypay.defense.gov/BlendedRetirement 

Sources: Fiscal Year 2016 National Defense Authorization Act, sections 631,632, 634, and 635 Created: 8/2016
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Election Commission

# FEDERAL REGISTER CITATION NOTICE OF PREVIOUS ANNOUNCEMENT:

87 FR 3109.

# PREVIOUSLY ANNOUNCED TIME AND DATE OF THE MEETING:

Tuesday, January 25, 2022 AT 10:00 a.m. and its Continuation at the Conclusion of the Open Meeting on January 27, 2022.

# CHANGES IN THE MEETING:

This meeting also discussed:

Matters relating to internal personnel decisions, or internal rules and practices.

Investigatory records compiled for law enforcement purposes and production would disclose investigative techniques.

* * * * *

# FOR MORE INFORMATION CONTACT:

Judith Ingram, Press Officer, Telephone: (202) 694-1220.

*Authority:*                         Government in the Sunshine Act, 5 U.S.C. 552b.                    

Vicktoria J. Allen,

Acting Deputy Secretary of the Commission.

[FR Doc. 2022-02066 Filed 1-28-22; 11:15 am]

BILLING CODE 6715-01-P
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 78 Introduced in House (IH)]

<DOC>

117th CONGRESS
  2d Session
H. J. RES. 78

Proposing a balanced budget amendment to the Constitution of the United 
                                States.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 21, 2022

  Mrs. Boebert (for herself, Mr. Norman, Mr. Duncan, and Mr. Massie) 
  submitted the following joint resolution; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                            JOINT RESOLUTION

 
Proposing a balanced budget amendment to the Constitution of the United 
                                States.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled   (two-thirds of each House 
concurring therein), That the following article is proposed as an 
amendment to the Constitution of the United States, which shall be 
valid to all intents and purposes as part of the Constitution when 
ratified by the legislatures of three-fourths of the several States 
within seven years after the date of its submission for ratification:

                              ``Article--

    ``Section 1. Total outlays for any fiscal year shall not exceed 
total receipts for that fiscal year.
    ``Section 2. The limit on the debt of the United States held by the 
public shall not be increased.
    ``Section 3. Prior to each fiscal year, the President shall 
transmit to the Congress a proposed budget for the United States 
Government for that fiscal year in which total outlays do not exceed 
total receipts.
    ``Section 4. No bill to increase revenue shall become law unless 
approved by two-thirds of the whole number of each House by a rollcall 
vote.
    ``Section 5. For emergency situations, the Congress may, by 
approval by two-thirds of the whole number of each House, for limited 
times authorize expenditures exceeding those pursuant to sections 1 and 
2. Any debt incurred from such expenditures shall be paid as soon as 
practicable.
    ``Section 6. The Congress shall enforce and implement this article 
by appropriate legislation, which may rely on estimates of outlays and 
receipts.
    ``Section 7. Total receipts shall include all receipts of the 
United States Government except those derived from borrowing. Total 
outlays shall include all outlays of the United States Government 
except for those for repayment of debt principal.
    ``Section 8. This article shall take effect beginning with the 
fifth fiscal year beginning after its ratification.''.
                                 <all>
```
Exhibit 31.3

CERTIFICATIONS

I, John P. McLaughlin, President and Chief Executive Officer of PDL
BioPharma, Inc., certify that:

(1) I have reviewed this Quarterly Report on Form 10-Q/A of PDL BioPharma, Inc.; and

(2) Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact
necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report.



|                                                                   
|-------------------------------------------------------------------
|Date: May 5, 2009                                                  
|                                                                   
|/s/ John P. McLaughlin                                             
|John P. McLaughlin                                                 
|President and Chief Executive Officer (Principal Executive Officer)