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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-50824 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JAIME ESPARZA-REYES, also known as Martin Garcia-Ruiz, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. EP-02-CR-373-ALL-PRM

-------------------- February 20, 2003
Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges. PER CURIAM: * Jaime Esparza-Reyes 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. He contends that the sentence is invalid because it exceeds the two-year maximum term of imprisonment prescribed in 8 U.S.C. § 1326(a). Esparza-Reyes complains that his sentence was improperly enhanced pursuant to 8 U.S.C. § 1326(b). He argues that the sentencing provision is unconstitutional.No. 02-50824 -2- Alternatively, Esparza-Reyes 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 was an element of a separate offense under 8 U.S.C. § 1326(b) that should have been alleged in his indictment.
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. Esparza-Reyes 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.
[Federal Register Volume 62, Number 46 (Monday, March 10, 1997)]
[Notices]
[Page 10881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5861]


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

NATIONAL SCIENCE FOUNDATION


Special Emphasis Panel in Materials Research; Notice of Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L. 92-
463 as amended), the National Science Foundation announces the 
following meetings:

    Name and Committee Code: Special Emphasis Panel in Materials 
Research #1203.
    Date & Time: March 26, 1997; 8:30 a.m.-5:00 p.m.
    Place: National Science Foundation, Room 360, 4201 Wilson 
Boulevard, Arlington, VA 22230.
    Type of Meeting: Closed.
    Contact Person: Dr. Carmen Huber, Program Director, Division of 
Materials Research, Room 1065, National Science Foundation, 4201 
Wilson Boulevard, Arlington, VA 22230, Telephone (703) 306-1996.
    Purpose of Meeting: To provide advice and recommendations 
concerning support for proposals focusing on integration of research 
and education in materials.
    Agenda: Presentations and evaluation of progress.
    Reason for Closing: The activity being evaluated may include 
information of a proprietary or confidential nature, including 
technical information; financial data, such as salaries and personal 
information concerning individuals associated with the proposals. 
These matters are exempt under 5 U.S.C. 552b.(c) (4) and (6) of the 
Government in the Sunshine Act.

    Dated: March 5, 1997.
Linda Allen-Benton,
Deputy Director, Division of Human Resource Management, Acting 
Committee Management Officer.
[FR Doc. 97-5861 Filed 3-7-97; 8:45 am]
BILLING CODE 7555-01-M
#### J.K. v. J.J.K.

539 MDA 2017

Superior Court of Pennsylvania.

09/26/2017

2014-1172 (Wyoming)

Affirmed/Vacated/Remanded
No. 11-10302.

#### Loggins *v.*Hannigan et al.

C. A. 10th Cir. Certiorari denied.
[Federal Register Volume 87, Number 65 (Tuesday, April 5, 2022)]
[Notices]
[Page 19736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07102]



[[Page 19736]]

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

DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency

[Docket ID OCC-2022-0007]


Minority Depository Institutions Advisory Committee

AGENCY: Department of the Treasury, Office of the Comptroller of the 
Currency.

ACTION: Notice.

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

SUMMARY: The Office of the Comptroller of the Currency (OCC) announces 
a meeting of the Minority Depository Institutions Advisory Committee 
(MDIAC).

DATES: The OCC MDIAC will hold a virtual public meeting on Tuesday, 
April 26, 2022 beginning at 1:00 p.m. Eastern Daylight Time (EDT).

ADDRESSES: The OCC will hold the April 26, 2022 meeting of the MDIAC 
virtually.

FOR FURTHER INFORMATION CONTACT: Beverly Cole, Designated Federal 
Officer and Deputy Comptroller for the Northeastern District, (212) 
790-4001, Office of the Comptroller of the Currency, 340 Madison Ave., 
Fifth Floor, New York, New York 10173.

SUPPLEMENTARY INFORMATION: By this notice, the OCC is announcing that 
the MDIAC will convene a virtual meeting at 1:00 p.m. EDT on Tuesday, 
April 26, 2022. Agenda items will include current topics of interest to 
the industry. The purpose of the meeting is for the MDIAC to advise the 
OCC on steps the agency may be able to take to ensure the continued 
health and viability of minority depository institutions and other 
issues of concern to minority depository institutions. Members of the 
public may submit written statements to the MDIAC by email to: 
<a href="/cdn-cgi/l/email-protection#460b020f07050609050568323423273568212930"><span class="__cf_email__" data-cfemail="6d2029242c2e2d222e2e43191f080c1e430a021b">[email protected]</span></a>.
    The OCC must receive written statements no later than 5:00 p.m. EDT 
on Thursday, April 21, 2022. Members of the public who plan to attend 
the virtual meeting should contact the OCC by 5:00 p.m. EDT on 
Thursday, April 21, 2022, to inform the OCC of their desire to attend 
the meeting and to obtain information about participation in the 
virtual meeting. Members of the public may contact the OCC via email at 
<a href="/cdn-cgi/l/email-protection#f3beb7bab2b0b3bcb0b0dd8781969280dd949c85"><span class="__cf_email__" data-cfemail="4e030a070f0d0e010d0d603a3c2b2f3d60292138">[email protected]</span></a> or by telephone at (212) 790-4001. Attendees should 
provide their full name, email address, and organization, if any. 
Members of the public who are deaf, hard of hearing, or have a speech 
disability, should dial 7-1-1 to access telecommunications relay 
services for this meeting.

Michael J. Hsu,
Acting Comptroller of the Currency.
[FR Doc. 2022-07102 Filed 4-4-22; 8:45 am]
BILLING CODE P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
<PAGE>   1
                                                                      EXHIBIT 11

                    SUNRISE PRESCHOOLS, INC. AND SUBSIDIARY
                STATEMENT RE: COMPUTATION OF PER SHARE EARNINGS


<TABLE>
<CAPTION>
                                                    THREE MONTHS ENDED
                                                        OCTOBER 31,
                                                --------------------------
                                                  1996             1995
==========================================================================
<S>                                             <C>              <C>      
PRIMARY:

Common Shares Outstanding,
   Beginning of Year                            2,982,968        2,935,894

Effect of weighting shares:

   Employee stock options outstanding              18,315          283,893

   Assumed Exercise of Warrants                    13,978          118,009
--------------------------------------------------------------------------
Weighted Average Number of Common
   Shares and Common Share
   Equivalents Outstanding                      3,015,261        3,337,796
==========================================================================

Net Income Available for
   Common Stock                                $    3,105       $   59,200
==========================================================================

Net Income per Common Share
   and Common Share Equivalent                 $     0.00       $     0.02
==========================================================================


FULLY DILUTED:

Common Shares Outstanding,
   Beginning of Year                                             2,935,894

Effect of Weighting Shares:

   Employee Stock Options Outstanding                              283,893

   Exercise of Warrants                                            118,009

   Assumed Conversion of Preferred Stock                           500,000
--------------------------------------------------------------------------
Weighted Average Number of Common
   Shares and Common Share
   Equivalents Outstanding                                       3,837,796
==========================================================================

Net Income Available for Common Stock                           $   71,700
==========================================================================

Net Income per Common Share and Common
  Share Equivalent                                              $     0.02
==========================================================================
</TABLE>


                                      -14-
May 14, 2015

Memo to Docket EPA-HQ-OAR-2011-0817

SUBJECT: Meeting with the PCA

A meeting was held May 7, 2015 with the Portland Cement Association (PCA) members to discuss 

the delay of the promulgation of Performance Specification 18 and the delay of National Institute 

for Standards Technology (NIST) calibration gases, which are needed to help quality assure control 

process mechanisms related to continuous monitoring of controls for release of hydrochloric acid 

and mercury.

In attendance were:

EPA:

Sharon Nizich

Steve Fruh

Steffan Johnson

Robin Segall

Ray Merrill

Candace Sorrell

Keith Barnett

Ann Johnson

Argos: Bill Voshell

Lehigh: Tim Matz

Buzzi Unicem USA: Adam Swercheck

Cemex: Satish Sheth

EMZ: Jim Peeler

AEMS: John Holmes

Ash Grove: Curtis Leslie

PCA: Tom Harman and Todd Johnston

X: Bryan Gasiorowsky, LaFarge

Saltriner Group: Brad Linsey
No. 11-345.

#### Fisher *v.*University of Texas at Austin et al.

C. A. 5th Cir. [Certiorari granted, 565 U. S. 1195.] Motion of the Solicitor General for leave to participate in oral argument as *amicus curiae*and for divided argument granted.

Justice Kagan took no part in the consideration or decision of this motion.
Total Polling Locations:

Election Day:7 461 

Early Voting:8 39 

Mail Ballots Transmitted10 Mail Ballots Returned11

318,313 318,426 (100.0% of 

transmitted) 

Mail Ballots Counted12 Mail Ballots Rejected13

318,313 (100.0% of 

returned)

113 (0.0% of returned) 

Mail Voting Policies 

No excuse is required for mail voting14

Does not conduct all-mail elections15

Some voters can register as permanent absentee16

EAVS Jurisdictions

39

Total Registered Voters as of 

Nov. 3, 20201

809,117 

Registration Forms Received2*

425,389 

Total Confirmation Notices Sent3*

83,980 

2020 EAVS Data Brief: Rhode Island

 Voter Registration

0.0%

0.0%

0.0%

0.0%

0.0%

In-Person

Mail, Email, Fax

Other

Online

Motor Vehicle Dept.

Source of Registration Applications4

 Voter Turnout  Election Technology

In-Person 

Election 

Day Voters 

198,611

38.2%

Mail Voters 

168,696

32.5%

In-Person 

Early Voters 

149,481

28.8%

Other Mode 

2,488

0.5%

Voters Participating By Mode5

39 39 39

0 0 0

Ballot

Marking

Device

Scanner Electronic

Poll

Books

DRE w/o

VVPAT

DRE with

VVPAT

Hand

Count

Technology Used by Jurisdictions9

 Mail Balloting

Notes 

EAVS data and reports may be downloaded at www.eac.gov. 

The data shown are certified as final by state election authorities. 

Responses of “Does not apply,” “Data not available, ” and “Valid 

skip” are shown as zeroes or dashes. Percentages may not sum 

to 100% because of missing data or rounding. 

* Close of registration for 2018 

general election to close of 

registration for 2020 general 

election. 

1 A1a of EAVS. 

2 A3a of EAVS. 

3 A8a of EAVS. 

4 Mail, Email, Fax is A4a. InPerson is A4b. Online is A4c. 

Motor Vehicle Dept. is A4d. 

Other is the sum of A4e–A4l. 

Denominator is A3a. 

5 In-Person Election Day Voters 

is F1b. Mail Voters is F1d+F1g. 

In-Person Early Voters is F1f. 

Other Mode is F1c+F1e+F1h. 

Denominator is sum of F1b–

F1h. 

6 F1a of EAVS. Denominator 

is citizen voting age 

population (CVAP). 

7 D3a of EAVS. 

8 D4a of EAVS. 

9 F3a–d, F5a, F6a, F7a, F8a, 

and F11a of EAVS. 

10 C1a of EAVS. 

11 C1b of EAVS. 

12 C3a of EAVS. 

13 C4a of EAVS. 

14Q17 of Policy Survey. 

15 Q18 and Q18a of Policy 

Survey. 

16 Q19 of Policy Survey. 

Turnout

64.9%

6

 

Note: Rhode Island 

was unable to report 

data on the sources 

of registration 

applications in the 

2020 EAVS.
Exhibit 32.2

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO

SECTION 906 OF THE

SARBANES-OXLEY
ACT OF 2002

In connection with the quarter report on Form 10-Q of National Housing Trust Limited Partnership (the
Partnership) for the period ending June 30, 2005, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Susan E. Basting, Chief Financial Officer of NHT, Inc., general partner of the
Partnership, certify, pursuant to 18 U.S.C. Section 1350, as adopted 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; and
| | --- | ---------------------------------------------------------------------------------------------------------------------



| | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Partnership.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |  |  |    |  |                                                                                                                                  
|-------------------- |  |  |  | -- |  | ---------------------------------------------------------------------------------------------------------------------------------
|                     |  |  | 
|Date August 30, 2007 |  |  |  | By |  | /s/ Susan E. Basting                                                                                                             
|                     |  |  |  |    |  | Susan E. Basting, Treasurer and Chief Financial Officer NHT, Inc., General Partner for National Housing Trust Limited Partnership
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D19-652

_____________________________

KEVIN BERNARD STRANGE,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Escambia County.

Lacey Powell Clark, Judge.

October 31, 2019

PER CURIAM.

AFFIRMED.

WOLF, ROBERTS, and ROWE, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________
2

Andy Thomas, Public Defender, and Megan Long, Assistant Public 

Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.
# C_2022073EN.01005001.xml

| 14.2.2022 | EN | Official Journal of the European Union | C 73/50 |
| --- | --- | --- | --- |

14.2.2022

EN

Official Journal of the European Union

C 73/50

---

Action brought on 7 December 2021 — SE v Commission

(Case T-763/21)

(2022/C 73/63)

Language of the case: English

Parties

Applicant: SE (represented by: L. Levi and A. Blot, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

| — | annul the decision dated 23 April 2021 to reject the applicant’s candidacy to the Junior Professional Pilot program (hereinafter ‘JPP program’); |
| --- | --- |

—

annul the decision dated 23 April 2021 to reject the applicant’s candidacy to the Junior Professional Pilot program (hereinafter ‘JPP program’);

| — | annul, insofar as necessary, the decision dated 27 August 2021 rejecting the applicant’s complaint of 27 April 2021; |
| --- | --- |

—

annul, insofar as necessary, the decision dated 27 August 2021 rejecting the applicant’s complaint of 27 April 2021;

| — | order compensation of his material prejudice resulting from the loss of a chance to be reclassified as a temporary agent AD 5 as from 1 October 2021, as estimated in the application; |
| --- | --- |

—

order compensation of his material prejudice resulting from the loss of a chance to be reclassified as a temporary agent AD 5 as from 1 October 2021, as estimated in the application;

| — | order compensation of his material prejudice resulting from the loss of a chance to become a permanent official based on participation in internal competitions restricted to temporary agents at AD level, as estimated in the application; |
| --- | --- |

—

order compensation of his material prejudice resulting from the loss of a chance to become a permanent official based on participation in internal competitions restricted to temporary agents at AD level, as estimated in the application;

| — | order the defendant to pay the entire costs. |
| --- | --- |

—

order the defendant to pay the entire costs.

Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law.

| 1. | First plea in law, alleging age discrimination, in violation of Article 21(1) of the Charter of Fundamental Rights of the EU, Article 1d of the Staff Regulations and Article 10(1) of the Conditions of Employment of Other Servants. |
| --- | --- |

1.

First plea in law, alleging age discrimination, in violation of Article 21(1) of the Charter of Fundamental Rights of the EU, Article 1d of the Staff Regulations and Article 10(1) of the Conditions of Employment of Other Servants.

| 2. | Second plea in law, alleging abuse of mandate and/or lack of competence. |
| --- | --- |

2.

Second plea in law, alleging abuse of mandate and/or lack of competence.

| 3. | Third plea in law, alleging that the call for expressions of interest is illegal. |
| --- | --- |

3.

Third plea in law, alleging that the call for expressions of interest is illegal.

---
BRIAN QUINN

Chief Justice

JAMES T. CAMPBELL

Justice

MACKEY K. HANCOCK

Justice

PATRICK A. PIRTLE

Justice

Court of Appeals

Seventh District of Texas

Potter County Courts Building

501 S. Fillmore, Suite 2-A

Amarillo, Texas 79101-2449

www.txcourts.gov/7thcoa.aspx

VIVIAN LONG

Clerk

MAILING ADDRESS:

P. O. Box 9540

79105-9540

(806) 342-2650

June 11, 2015

John Bennett

Attorney at Law

P. O. Box 19144

Amarillo, TX 79114

* DELIVERED VIA E-MAIL *

Warren L. Clark

Asst. Criminal District Attorney

Randall County Justice Center

2309 Russell Long Blvd., Suite 120

Canyon, TX 79015

* DELIVERED VIA E-MAIL *

RE: Case Numbers: 07-15-00181-CR, 07-15-00182-CR

Trial Court Case Numbers: 18,607-B, 18,608-B

Style: Michael Don Denton v. The State of Texas

Dear Counsel:

The following was filed Wednesday, June 10, 2015, in the captioned appeals:

Reporter’s Record (5 volumes)

Very truly yours,

Vivian Long

VIVIAN LONG, CLERK

xc: Honorable John B. Board (DELIVERED VIA E-MAIL)

Jodi Goodman (DELIVERED VIA E-MAIL)

FILE COPY
# C_2021431EN.01005001.xml

| 25.10.2021 | EN | Official Journal of the European Union | C 431/50 |
| --- | --- | --- | --- |

25.10.2021

EN

Official Journal of the European Union

C 431/50

---

Action brought on 2 September 2021 — Vivostore v EUIPO — Linda (VIVO LIFE)

(Case T-540/21)

(2021/C 431/58)

Language in which the application was lodged: German

Parties

Applicant: Vivostore Ltd (Winscombe, United Kingdom) (represented by: T. Urek, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Linda AG (Cologne, Germany)

Details of the proceedings before EUIPO

Applicant for the trade mark at issue: Applicant in the proceedings before the Board of Appeal

Trade mark at issue: Application for European Union figurative mark VIVO LIFE — Application for registration No 18 049 468

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 6 July 2021 in Case R 1587/2020-2

Form of order sought

The applicant claims that the Court should:

| — | annul or vary the contested decision and uphold the decision of the Opposition Division of EUIPO in Case B 3 090 390 of 16 July 2020; |
| --- | --- |

—

annul or vary the contested decision and uphold the decision of the Opposition Division of EUIPO in Case B 3 090 390 of 16 July 2020;

| — | order EUIPO to pay the costs. |
| --- | --- |

—

order EUIPO to pay the costs.

Plea in law

| — | Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |
| --- | --- |

—

Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

---
# Principals

- Raise the Bar Policy Brief: Eliminating Educator Shortages through Increased Compensation, High-Quality and Affordable Educator Preparation and Teacher LeadershipJuly 2023