alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee v. Daniel LARIOS-VILLATORO, Defendant-Appellant

No. 16-20194 Summary Calendar

United States Court of Appeals, Fifth Circuit.

Filed April 4, 2017

John Richard Berry, Carmen Castillo Mitchell, Assistant U.S. Attorneys, U.S. Attorney’s Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee

Marjorie A. Meyers, Federal Public Defender, Michael Lance Herman, Assistant Federal Public Defender, Federal Public Defender’s Office, Southern District of Texas, Houston, TX, for Defendant-Appellant

Before JONES, "WIENER, and CLEMENT, Circuit Judges.

PER CURIAM: *

Daniel Larios-Villatoro appeals the 18-month sentence imposed when he pleaded *412guilty to being in the United States illegally after being deported. He contends that his offense level was improperly increased by eight levels due to a 2011 conviction for illegal reentry. He argues that the previous illegal reentry conviction should not have been treated as an “aggravated felony” because the 1996 Nebraska attempted-arson conviction that rendered the illegal reentry aggravated was itself not an aggravated felony. We need not revisit the underlying Nebraska felony because Lar-ios-Villatoro concedes that the prior illegal reentry offense was an aggravated felony when he pleaded guilty in 2011. *See United States v. Gamboa-Garcia,*620 F.3d 546, 548-49 (5th Cir. 2010).

Moreover, Larios-Villatoro fails to show that the Nebraska conviction was not an aggravated felony. He contends that could only qualify as an aggravated felony under the residual definition of “crime of violence” found at 18 U.S.C. § 16(b), which he says is unconstitutional in light of *Johnson v. United States,*— U.S. -, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015). That contention is foreclosed. *See United States v. Gonzalez-Longoria,*831 F.3d 670, 675-77 (5th Cir. 2016) (en banc), *petition for cert. filed*(Sept. 29, 2016) (No. 16-6259). The Government’s motion for summary affir-mance is granted. We deny, as unnecessary, its alternative motion for an extension of time for briefing, and we affirm the judgment of the district court.

Larios-Villatoro moves for a stay of the appeal until the Supreme Court decides whether § 16(b) is unconstitutionally vague in *Lynch v. Dimaya,*— U.S. -, 137 S.Ct. 31, 195 L.Ed.2d 902 (2016) (granting certiorari). The motion is denied. *Gonzalez-Longoria*is binding precedent unless overruled by this court en banc or by the Supreme Court. *See United States v. Lipscomb,*299 F.3d 303, 313 & n.34 (5th Cir. 2002). A grant of certiorari does not in itself override this court’s precedent. *See Wicker v. McCotter,*798 F.2d 155, 157-58 (5th Cir. 1986).

JUDGMENT AFFIRMED; MOTION FOR SUMMARY AFFIRMANCE GRANTED; MOTION FOR AN EXTENSION OF TIME DENIED, MOTION TO STAY APPEAL DENIED.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be *412published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
[Federal Register Volume 87, Number 48 (Friday, March 11, 2022)]
[Notices]
[Page 14022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05136]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Allergy and Infectious Diseases; Notice of 
Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended, notice is hereby given of the following meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Allergy and Infectious 
Diseases Special Emphasis Panel; American Women: Assessing Risk 
Epidemiologically (AWARE) (R01 Clinical Trial Optional).
    Date: April 5, 2022.
    Time: 11:00 a.m. to 4:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institute of Allergy and Infectious Diseases, 
National Institutes of Health, 5601 Fishers Lane, Room 3G22B, 
Rockville, MD 20892 (Virtual Meeting).
    Contact Person: Kristina S. Wickham, Ph.D., Scientific Review 
Officer, Scientific Review Program, Division of Extramural 
Activities, National Institute of Allergy and Infectious Diseases, 
National Institutes of Health, 5601 Fishers Lane, Room 3G22B, 
Rockville, MD 20852, 301-761-5390, <a href="/cdn-cgi/l/email-protection#e78c958e94938e8986c9908e848c8f868aa7898e8fc9808891"><span class="__cf_email__" data-cfemail="aac1d8c3d9dec3c4cb84ddc3c9c1c2cbc7eac4c3c284cdc5dc">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.855, 
Allergy, Immunology, and Transplantation Research; 93.856, 
Microbiology and Infectious Diseases Research, National Institutes 
of Health, HHS)

    Dated: March 7, 2022.
Tyeshia M. Roberson-Curtis,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2022-05136 Filed 3-10-22; 8:45 am]
BILLING CODE 4140-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
#### IN RE: Francisco SALINAS-CASTILLO, Petitioner.

No. 17-1604

United States Court of Appeals, Fourth Circuit.

Submitted: October 24, 2017

Decided: November 2, 2017

Francisco Salinas-Castillo, Petitioner Pro Se.

Before WILKINSON, MOTZ, and KING, Circuit Judges.

Unpublished opinions are not binding precedent in this circuit.

*268PER CURIAM:

Francisco Salinas-Castillo petitions for a writ of mandamus, alleging that the district court has unduly delayed in ruling on his motion to compel. He seeks an order from this court directing the district court to act. We have determined that the district court denied Salinas-Castillo’s motion on April 12, 2017. Accordingly, although we grant leave to proceed in forma pau-peris, we deny the petition for writ of mandamus as moot. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

*PETITION DENIED*
## Workshop on Condensing Heating and Water Heating Equipment

Thursday, October 9, 2014

List of Attendees

Org a n ization/Attendees

DOE

- John Cymbalsky

- Ashley Armstrong

- Johanna Hariharan

AGA

- Kath ryn Clay

- Rick Murphy

- Lisa Dundon

APGA

- Dave Schryver

- Bud Miller

Gas Technology Institute

- Neil Leslie

Washington Gas Light

- Melissa Adams

- Kevin Dunn

ACEEE

- Harvey Sachs

ASAP

- Andrew deLaski

ASE

- Rodney Sobin

NRDC

- Elizabeth Noll

AHRI

- Frank Stanonik

ACCA

- Charlie McCrudden

- Glenn Hourahan

- Christine Hazelbaker

Virginia Sierra Club

- Dick Ball

- Tim Stevens
<PAGE>

                                                                    Exhibit 32.1

            CERTIFICATION BY THE 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 Quarterly Report of SCB Computer Technology, Inc. (the
"Company") on Form 10-Q for the period ending October 31, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, T.
Scott Cobb, President and Chief Executive Officer of the Company, hereby certify
that, to the best of my knowledge, pursuant to 18 U.S.C. ss. 1350, as adopted
pursuant to ss. 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 result of operations of the
Company.

December 12, 2003

By: /s/  T. Scott Cobb
   -----------------------------------------
                  T. Scott Cobb
       President and Chief Executive Officer
Exhibit 31.2

CERTIFICATION PURSUANT TO

SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002



I,   Pam Schertz, Chief Financial Officer certify that:



1.

I have reviewed this quarterly report on Form 10-Q of CytoGenix, Inc.;



2.

Based on my knowledge, this quarterly 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 quarterly report;



3.

Based on my knowledge, the financial statements, and other financial information included in this quarterly report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this quarterly report;



4.

The registrants other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant and we have:



a)

designed such disclosure controls and procedures to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this quarterly report is being prepared;



b)

evaluated the effectiveness of the registrants disclosure controls and procedures as of a date within 90 days prior to the filing date of this quarterly report (the Evaluation Date); and



c)

presented in this quarterly report our conclusions about the effectiveness of the disclosure controls and procedures based on our evaluation as of the Evaluation Date;



5.

The registrants other certifying officers and I have disclosed, based on our most recent evaluation, to the registrants auditors and the audit committee of registrants board of directors (or persons performing the equivalent function):



a)

all significant deficiencies in the design or operation of internal controls which could adversely affect the registrants ability to record, process, summarize and report financial data and have identified for the registrants auditors any material weaknesses in internal controls; and



b)

any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal controls; and



---











6.

The registrants other certifying officers and I have indicated in this quarterly report whether or not there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to the date of our most recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses.



Date: May 15, 2007



/s/ Pam Schertz

Pam Schertz

Chief Financial Officer
<PAGE>


                                                                EXHIBIT 10.3(B)


THIS OFFERING EXPIRES AT 5:00 P.M EASTERN STANDARD TIME, AUGUST 31, 2002


                          KENSINGTON BANKSHARES, INC.
                    SUBSCRIPTION FOR SHARES OF COMMON STOCK

         The Company is offering to the public shares of Common Stock of
Kensington Bankshares, Inc. at a price of $7.50 per share, at any time during
the period commencing __________________________, 2002, and ending at 5:00
P.M., Eastern Standard Time on August 31, 2002, upon the terms specified herein
and in the Prospectus relating thereto.

NAME:
                      --------------------------------------------

EXPIRATION DATE:
                      --------------------------------------------

SUBSCRIPTION PRICE:
                      --------------------------------------------

         The undersigned irrevocably subscribes for the following shares upon
the terms and conditions specified in the Prospectus of Kensington Bankshares,
Inc., dated June , 2002, (receipt of which is acknowledged):

<TABLE>
<S>                                                           <C>
BASIC SUBSCRIPTION PRIVILEGE:

         Shares Subscribed For:                                                                  shares
                                                               ---------------------------------

         Cost of Shares Subscribed
         For at $7.50 per share                               $
                                                               ----------------------------------

Check Enclosed:  Total payable to:
Kensington Bankshares, Inc.                                   $
                                                               ----------------------------------
</TABLE>


                  THESE SECURITIES ARE NOT FEDERALLY INSURED.


Signature:
                          -----------------------------------------------------

Address:
                          -----------------------------------------------------

Telephone Number:
                          -----------------------------------------------------

Social Security Number:
                          -----------------------------------------------------


                                    ACCEPTED

KENSINGTON BANKSHARES, INC.
13246 North Dale Mabry Highway
Tampa, Florida  33624
Telephone Number:  (813) 961-6200
                                             By:
                                                -------------------------------
<PAGE>



EXHIBIT 99.2

                           NATIONAL AUTO CREDIT, INC.
                  CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER
                           PURSUANT TO 18 U.S.C. 1350
                 (SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002)

I, Robert V. Cuddihy, Jr., Chief Financial Officer of National Auto Credit,
Inc., a Delaware corporation (the "Registrant"), in connection with the
Registrant's Quarterly Report on Form 10-Q for the period ended April 30, 2003,
as filed with the Securities and Exchange Commission on the date hereof (the
"Report"), do hereby represent, warrant and certify pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:

        (1) The Report fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934, as amended; and

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


/s/ Robert V. Cuddihy, Jr.
--------------------------------------------
Name: Robert V. Cuddihy, Jr.
Title: Chief Financial Officer
Date:  June 20, 2003
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 22-6787

LEO BRANDON FARNSWORTH,

Plaintiff - Appellant,

v.

JANET YELLEN, Secretary of the Treasury,

Defendant - Appellee.

Appeal from the United States District Court for the Western District of Virginia, at 

Roanoke. Michael F. Urbanski, Chief District Judge. (7:21-cv-00623-MFU-JCH)

Submitted: September 22, 2022 Decided: September 27, 2022

Before WILKINSON, DIAZ, and RUSHING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Leo Brandon Farnsworth, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 22-6787 Doc: 12 Filed: 09/27/2022 Pg: 1 of 2
2

PER CURIAM:

Leo Brandon Farnsworth appeals the district court’s order dismissing, for lack of 

subject matter jurisdiction, his civil action brought pursuant to the Federal Tort Claims Act, 

28 U.S.C. §§ 1346(b), 2671-80 (“FTCA”), against Defendant Janet Yellen, the United 

States Secretary of the Treasury. On appeal, we confine our review to the issues raised in 

the informal brief. See 4th Cir. R. 34(b). Because Farnsworth’s informal brief does not 

challenge the district court’s dispositive determination that he failed to allege any claims 

under state law that would be actionable under the FTCA, he has forfeited appellate review 

of the court’s order. See Jackson v. Lightsey, 775 F.3d 170, 177 (4th Cir. 2014) (“The 

informal brief is an important document; under Fourth Circuit rules, our review is limited 

to issues preserved in that brief.”). Accordingly, we affirm the district court’s judgment. 

We dispense with oral argument because the facts and legal contentions are adequately 

presented in the materials before this court and argument would not aid the decisional 

process.

AFFIRMED

USCA4 Appeal: 22-6787 Doc: 12 Filed: 09/27/2022 Pg: 2 of 2
# Fourth Court of Appeals

**San Antonio, Texas**

JUDGMENT

No. 04

- 21

- 00042

- CV

CITY OF FLORESVILLE, TEXAS , and Marissa Ximenez, Gloria E. Martinez, Juan Ortiz, Gloria Morales Cantu, Monica Veliz, and Jade Jimenez, in their official capacities, Appellants

v.

Nick NISSEN , David Johns, and Paul W. Sack, Appellees

From the 81st Judicial District Court

, Wilson County, Texas

Trial Court No. CVW

- 19

- 00897 Honorable Lynn Ellison , Judge Presiding

BEFORE CHIEF JUSTICE MARTINEZ

, JUSTICE ALVAREZ , AND JU STICE RODRIGUEZ

In accordance with this court’s opinion of this date, the trial court’s order granting appellees’ motion for summary judgment is REVERSED and judgment is RENDERED that Appellees Nick Nissen, David Johns, and Paul W. Sack take nothing on t heir claims against Appellants City of Floresville, Texas, and Marissa Ximenez, Gloria E. Martinez, Juan Ortiz, Gloria Morales Cantu, Monica Veliz, and Jade Jimenez, in their official capacities. This cause is

REMANDED for the trial court to consider the a ppellants’ request for attorney’s fees and costs. Costs of appeal are taxed against Appellees Nick Nissen, David Johns, and Paul W. Sack.

SIGNED June 29, 2022.

_____________________________ Liza A. Rodriguez, Justice
# EUR-Lex - 32002D0672 - EN

Avis juridique important

*|*

# 32002D0672

**2002/672/EC: Commission Decision of 21 August 2002 amending Decision 97/468/EC to include an establishment from Greenland producing wild game meat (Text with EEA relevance) (notified under document number C(2002) 3094) **

*
Official Journal L 228 , 24/08/2002 P. 0026 - 0026 *

Commission Decision

of 21 August 2002

amending Decision 97/468/EC to include an establishment from Greenland producing wild game meat

(notified under document number C(2002) 3094)

(Text with EEA relevance)

(2002/672/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 95/408/EC of 22 June 1995 on the conditions for drawing up, for an interim period, provisional lists of third country establishments from which Member States are authorised to import certain products of animal origin, fishery products or live bivalve molluscs(1), as last amended by Decision 2001/4/EC(2), and in particular Article 2(1) thereof,

Whereas:

(1) Provisional lists of establishments producing wild game meat have been drawn up by Commission Decision 97/468/EC(3) on drawing up provisional lists of third country establishments from which Member States authorise imports of wild game meat.

(2) Greenland has sent a list of establishments producing wild game meat for which the responsible authorities certify that the establishments are in accordance with the Community rules.

(3) A provisional list of establishments producing wild game meat can thus be drawn up for Greenland.

(4) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

The text of the Annex to this Decision is added to the Annex to Decision 97/468/EC.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 21 August 2002.

For the Commission

David Byrne

Member of the Commission

(1) OJ L 243, 11.10.1995, p. 17.

(2) OJ L 2, 5.1.2001, p. 21.

(3) OJ L 199, 26.7.1997, p. 62.

ANEXO/BILAG/ANHANG/ΠΑΡΑΡΤΗΜΑ/ANNEX/ANNEXE/ALLEGATO/BIJLAGE/ANEXO/LIITE/BILAGA

País: Groenlandia/Land: Grønland/Land: Grönland/Κράτος: Γροιλανδία/Country: Greenland/Pays: Groenland/Paese: Groenlandia/Land: Groenland/País: Gronelândia/Maa: Grönlanti/Land: Grönland

>TABLE>
<PAGE>   1



EXHIBIT 11 - STATEMENT REGARDING COMPUTATION OF EARNINGS PER SHARE



<TABLE>
<CAPTION>
                                                                          THREE MONTHS ENDED SEPTEMBER 30
                                                                            ---------------------------
                                                                                1997           1996
                                                                            -----------     -----------
<S>                                                                         <C>             <C> 
PRIMARY:
Average shares outstanding                                                    3,695,000       3,695,000
Net effect of stock and warrant issuances with exercise prices below the
   initial public offering price based on the treasury stock method

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

Total                                                                         3,695,000       3,695,000
                                                                            ===========     ===========

Net loss                                                                    $(1,517,540)    $  (795,837)
                                                                            ===========     ===========

Per share amount                                                            $     (0.41)    $     (0.22)
                                                                            ===========     ===========
</TABLE>
IB

Union Calendar No. 437

104TH CONGRESS

2D SESSION S. 677

IN THE HOUSE OF REPRESENTATIVES

JULY 11, 1995

Referred to the Committee on the Judiciary

SEPTEMBER 17, 1996

Committed to the Committee of the Whole House on the State of the Union

and ordered to be printed

AN ACT

To repeal a redundant venue provision, and for other

purposes.

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

3 SECTION 1. REPEAL.

4 (a) REPEAL.—Subsection (a) of section 1392 of title

5 28, United States Code, is repealed.
2

S 677 RH

1 (b) TECHNICAL AMENDMENT.—Subsection (b) of

2 section 1392 of title 28, United States Code, is amended

3 by striking ‘‘(b) Any’’ and inserting ‘‘Any’’.

Passed the Senate June 30 (legislative day, June

19), 1995.

Attest: KELLY D. JOHNSTON,

Secretary.

Union Calendar No. 437

104TH CONGRESS

2D SESSION S. 677

[Report No. 104–800]

AN ACT

To repeal a redundant venue provision, and for

other purposes.

SEPTEMBER 17, 1996

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed
EXHIBIT 99.2

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER
          PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
                           (18 U.S.C. SECTION 1350)

     The undersigned executive officer of Jacksonville Bancorp, Inc. (the
"Registrant") hereby certifies that the Registrant's Form 10-Q for the quarter
ended December 31, 2002 fully complies with the requirements of Section 13(a)
of the Securities Exchange Act of 1934 and that the information contained
therein fairly presents, in all material respects, the financial condition and
results of operations of the Registrant.


                            /s/ Bill W. Taylor
                            ------------------------------------
                            Name:   Bill W. Taylor
                            Title:  Executive Vice President and
                                    Chief Financial Officer

Date: November 24, 2003