alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

for the Fifth Circuit

No. 22-10016

Summary Calendar

United States of America, 

Plaintiff—Appellee,

versus

Martin Perez-Barrios, 

Defendant—Appellant.

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:21-CR-152-1

Before Wiener, Dennis, and Haynes, Circuit Judges.

Per Curiam:*

Martin Perez-Barrios pleaded guilty to illegal reentry after deportation

and was sentenced within the guidelines range to 37 months in prison. He

asserts that he was not informed that the statutory enhancement provision in 

8 U.S.C. § 1326(b)(1) was an essential element of the offense to which he was 

* Pursuant to 5th Circuit 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opinion should not be published and is not precedent except under the limited 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 5th Circuit Rule 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

July 12, 2022

Lyle W. Cayce

Clerk

Case: 22-10016 Document: 00516390336 Page: 1 Date Filed: 07/12/2022
No. 22-10016

2

pleading guilty. Perez-Barrios argues that his guilty plea thus was unknowing 

and involuntary. He also alleges that the statutory enhancement provisions 

in § 1326(b) are unconstitutional. 

Perez-Barrios concedes that his arguments concerning § 1326(b) are 

foreclosed and indicates that he wishes to preserve them for further review. 

The Government has moved for summary affirmance or, alternatively, for an 

extension of time to file a brief.

The parties are correct that the issues raised on appeal are foreclosed 

by Almendarez-Torres v. United States, 523 U.S. 224 (1998). See United States 

v. Wallace, 759 F.3d 486, 497 (5th Cir. 2014); United States v. PinedaArrellano, 492 F.3d 624, 625-26 (5th Cir. 2007). Summary affirmance thus 

is appropriate. See Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th 

Cir. 1969).

Accordingly, the Government’s motion for summary affirmance is 

GRANTED, the Government’s alternative motion for an extension of time 

to file a brief is DENIED, and the district court’s judgment is 

AFFIRMED.

Case: 22-10016 Document: 00516390336 Page: 2 Date Filed: 07/12/2022
### ATTACHEMENT F HEARINGCERTIFICATION This certifies in accordance with the provisions of Title 40 Code of Federal Regulations Part 51 .102 that the following actions were taken regarding the amendment of R .C.S.A. section 22a174-3bb: 1) The public hearing was held on August 25, 2005 as announced in the notice of hearing (copy attached) ; 2) In accordance with the notice, materials were available for reviewin each Air Quality Control Region (AQCR) in Connecticut; 3) Copies of the notice were mailed to the directors of the air pollution control agencies in New York, New

Jersey, Rhode Island and Massachusetts alongwith a copy to the Director of the Air Management Division of Region I of the U .S. Environmental Protection Agency; and 4) The notice of hearing was published in newspapers as follows: Newspaper A CR Date Connecticut Law

Journal July 19, 2005 Connecticut Post (Bridgeport) 43 July 19, 2005 Hartford Courant 42 July 19, 2005 New London Day 41 July 19, 2005 The Register Citizen (Torrington) 44 July 19, 2005

,--- (V~' Clog

P~ .. .JMX! ~ l ~ ~ 7 Date Paul Farrell Bureau ofAirManagement
REPUBLICA OE COLOMBIA
Unidad

**Adm~nJStrallva** ESPecaa l 1063.483.1- - 2015003339 Bogota D .C . , 30 De En ero de 2015 Senor PAUL GRETCH Director, Office of International Aviation U .S Department of Transportation 1200 New Jersey Avenue, S.E Washington , D . C Respetado Senor Gretch : La autoridad de Aviaci6n civi l de Colombia por solicitud de Ia aerolinea colombiana LINEA AEREA CARG UERA DE CO LOMBIA S .A., LANGO para efectuar operaciones charter en l as rutas : BOG y/o RNG - MIA- MVD y/o EZE - MIA y/o UIO y/o GYE - BOG y/o RNG BOG y/o RNG -MIA- UIO y/o GYE y/o LIM -MIA y/o BOG y/o RNG confirma por Ia presente al Departamento al Departamento de Transporte de los Estados Un idos , que en ad ici6n a los derechos previstos en e l Acuerdo de Transpo rte Aereo entre Colomb i a y E stados Un idos del 10 de mayo de 2011 , e l G ob ie rno de Colomb ia otorgara su aprobaci6n , sabre Ia base de reciprocidad , a las solicitudes de las companias aereas de Estados Unidos para operar vuelos charter de carga con derechos de quinta libertad, en el entendido de que el gobierno de los Estados Unidos concedera los mismos derechos a las companias aereas designadas por Colombia . Cordialmente,


## 0-.------ EDUARDO ENRIQUE TOVAR ANEZ Jefe Oficina Transporte Aereo Proyect6 : Angeli ca Dussan Habeych - Grupo Asu ntos l nternacionales y Regulatori os

**~** Rev i s6 : Alexandra Pa l omi no P ined a· Jete Grupo Asuntos lntern acion a les y Regulatorios Ruta e l ectr6n i ca : \\bog?\A D I\Externo\2015003339
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<CAPITAL-SURPLUS-PAID-IN>                           38
<RETAINED-EARNINGS>                              28406
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<LONG-TERM-DEBT-NET>                             44640
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<LONG-TERM-DEBT-CURRENT-PORT>                     1275
<PREFERRED-STOCK-CURRENT>                            0
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<OTHER-ITEMS-CAPITAL-AND-LIAB>                   93045
<TOT-CAPITALIZATION-AND-LIAB>                   180261
<GROSS-OPERATING-REVENUE>                        49283
<INCOME-TAX-EXPENSE>                              1558
<OTHER-OPERATING-EXPENSES>                       43079
<TOTAL-OPERATING-EXPENSES>                       44637
<OPERATING-INCOME-LOSS>                           4646
<OTHER-INCOME-NET>                                 677
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<TOTAL-INTEREST-EXPENSE>                          3162
<NET-INCOME>                                      2161
<PREFERRED-STOCK-DIVIDENDS>                          0
<EARNINGS-AVAILABLE-FOR-COMM>                     2161
<COMMON-STOCK-DIVIDENDS>                             0
<TOTAL-INTEREST-ON-BONDS>                            0
<CASH-FLOW-OPERATIONS>                            3889
<EPS-BASIC>                                       1.34
<EPS-DILUTED>                                     1.34


</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               JUN-30-1996
<CASH>                                         203,173
<SECURITIES>                                         0
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<CURRENT-ASSETS>                               203,173
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<CURRENT-LIABILITIES>                            4,221
<BONDS>                                              0
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<COMMON>                                       162,000
<OTHER-SE>                                      36,952
<TOTAL-LIABILITY-AND-EQUITY>                   203,173
<SALES>                                              0
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<OTHER-EXPENSES>                                 4,268
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<INCOME-PRETAX>                                    587
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</TABLE>
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Texas Department of Criminal Justice v. Jorge Gonzalez 

Rocha and Kirk Gipson 

Appellate case number: 01-21-00431-CV

Trial court case number: 2020-19803

Trial court: 129th District Court of Harris County

Alexander M. Gurevich of the Law Offices of Alexander M. Gurevich, PC, has filed 

a motion for leave to withdraw as appellate counsel for appellees, Jorge Gonzalez Rocha 

and Kirk Gipson. See TEX. R. APP. P. 6.5(a), (b). The motion requests leave to withdraw 

because the representation of appellees “has been rendered unreasonably difficult due to 

the . . . lack of communication and lack of cooperation” with counsel. 

The motion complies with the requirements of Texas Rule of Appellate Procedure 

6.5. See TEX.R. APP. P. 6.5(a), (b). Further, the motion includes a certificate of conference 

representing that no party is opposed to the relief requested in the motion. See TEX. R.

APP. P. 10.1(a)(5), 10.3(a)(2).

Accordingly, the motion is granted. The Clerk of this Court is directed to note the 

withdrawal of Alexander M. Gurevich of the Law Offices of Alexander M. Gurevich, PC 

as counsel for appellees on the docket of this Court.

Alexander M. Gurevich is directed to immediately notify appellees of “any 

deadlines or settings that [he] knows about at the time of withdrawal but that were not 

previously disclosed” to appellees and file a copy of the notice provided to appellees with 

the Clerk of this Court. See TEX. R. APP. P. 6.5(c)

It is so ORDERED.

Judge’s signature: ____/s/ Amparo Guerra_______

  Acting individually  Acting for the Court

Date: __September 30, 2021_____
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 07-4401
UNITED STATES OF AMERICA, Plaintiff - Appellee,
v. JOE JOYNER, Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, Senior District Judge. (5:06-cr-00123-H-ALL) Submitted: February 27, 2008 Decided: March 10, 2008 Before WILKINSON, GREGORY, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Thomas P. McNamara, Federal Public Defender, Stephen C. Gordon, Assistant Federal Public Defender, Raleigh, North Carolina, for Appellant. George E. B. Holding, United States Attorney, Anne M. Hayes, Banumathi Rangarajan, Assistant United States Attorneys, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit.- 2 - PER CURIAM: Joe Clinton Joyner pleaded guilty to two counts of bank robbery in violation of 18 U.S.C. § 2113(a) (2000). On appeal Joyner contends his 156-month sentence is unreasonable. We affirm. Appellate courts review sentences imposed by district courts for reasonableness, applying an abuse of discretion standard. Gall v. United States , 128 S. Ct. 586, 597 (2007). When sentencing a defendant, a district court must: (1) properly calculate the guidelines range; (2) determine whether a sentence within that range serves the factors set out in 18 U.S.C. § 3553(a); (3) implement mandatory statutory limitations; and (4) explain its reasons for selecting a sentence. United States v. Green , 436 F.3d 449, 455-56 (4th Cir.), cert. denied , 126 S. Ct. 2309 (2006). A sentence within a correctly cal culated advisory guidelines range is presumptively reasonable. United States v. Moreland , 437 F.3d 424, 433 (4th Cir.), cert. denied , 126 S. Ct. 2054 (2006); Rita v. United States , 127 S. Ct. 2456, 2462-69 (2007) (upholding presumption of reasonableness for within-guidelines sentence). Our review of the record reveals no procedural or substantive error with respect to Joyner’s 156-month sentence. The sentencing court followed the required steps in sentencing Joyner: (1) it properly calculated the guidelines range; (2) allowed both parties an opportunity to argue for whatever sentence they deemed- 3 - appropriate; and (3) considered the § 3553(a) factors. SeeGall , 128 S. Ct. at 596-97. The court considered counsel’s argument that it should take into account in sentencing Joyner the fact that his IQ is 68, in the mild mental retardation range. Moreover, Joyner did not request a sentence outside of the guidelines, or a particular sentence within the range. Under these circumstances, Joyner cannot overcome the presumptive reasonableness of his sentence within the guidelines range. Accordingly, we affirm Joyner’s sentence. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
Exhibit 10.1




 




Certification
Pursuant to Section 906 of the

Sarbanes-Oxley Act of 2002


(Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States

Code)




 




Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections

(a) and (b) of section 1350, chapter 63 of title 18, United States Code),

each of the undersigned officers of EDP — Electicidade de

Portugal, S.A., a corporation organized

under the laws of the Republic of Portugal (the “Company”), does hereby

certify, to such officers’ knowledge, that:




 




The Annual Report on Form 20-F for the year ended December 31, 2002

(the “Form 20-F”) of the Company fully complies with the requirements of

section 13(a) or 15(d) of the Securities Exchange Act of 1934 and information

contained in the Form 20-F fairly presents, in all material respects, the

financial condition and results of operations of the Company.




 




 




	

  Date: July 3, 2003


  	

  /s/ 

  João Ramalho Talone


  	

   


  
	

   


  	

   


  
	

   


  	

  João Ramalho Talone


  
	

   


  	

  Chief

  Executive Officer


  
	

   


  	

   


  
	

   


  	

   


  
	

  Date: July 3, 2003


  	

  /s/ 

  Rui Miguel Horta e Costa


  	

   


  
	

   


  	

   


  
	

   


  	

  Rui Miguel Horta e Costa


  
	

   


  	

  Chief

  Financial Officer


  





 




The foregoing certification is being furnished solely pursuant to

section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of

section 1350, chapter 63 of title 18, United States Code) and is not being

filed as part of the Form 20-F or as a separate disclosure document.




 




A signed

original of this written statement required by Section 906 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.
# C_2019241EN.01000801.xml

| 17.7.2019 | EN | Official Journal of the European Union | C 241/8 |
| --- | --- | --- | --- |

17.7.2019

EN

Official Journal of the European Union

C 241/8

---

Special Report No 12/2019

E-commerce: many of the challenges of collecting VAT and customs duties remain to be resolved

(2019/C 241/08)

The European Court of Auditors hereby informs you that Special Report No 12/2019, ‘E-commerce: many of the challenges of collecting VAT and customs duties remain to be resolved’ has just been published.

The report can be accessed for consultation or downloading on the European Court of Auditors’ website: http://eca.europa.eu

---
[Federal Register Volume 62, Number 69 (Thursday, April 10, 1997)]
[Notices]
[Page 17636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9170]


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

AGENCY FOR INTERNATIONAL DEVELOPMENT


Agency Strategic Plan

AGENCY: U.S. Agency for International Development.

ACTION: Notice.

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

SUMMARY: The U.S. Agency for International Development (USAID) seeks 
public comment on its draft strategic plan. The plan, an important 
requirement under the Government Performance and Results Act, seeks to 
articulate the mission statement, goals and objectives of the United 
States' economic and humanitarian assistance programs.

DATES: Comments should be sent no later than April 18, 1997.

SEND COMMENTS TO: Dan Rathbun, BHR/PPE, Room 365, U.S. Agency for 
International Development, 320 C Street, N.W., Washington, D.C. 20523 
or (<a href="/cdn-cgi/l/email-protection#781c0a190c101a0d16380d0b19111c561f170e"><span class="__cf_email__" data-cfemail="7d190f1c09151f08133d080e1c1419531a120b">[email protected]</span></a>).

FOR FURTHER INFORMATION CONTACT:
Dan Rathbun, 2703-351-0127 or (<a href="/cdn-cgi/l/email-protection#6c081e0d18040e19022c191f0d0508420b031a"><span class="__cf_email__" data-cfemail="bfdbcddecbd7ddcad1ffcaccded6db91d8d0c9">[email protected]</span></a>).

SUPPLEMENTARY INFORMATION: The draft Strategic Plan and an accompanying 
questionnaire are available at the USAID Internet Web Site: (<a href="http://
www.info.usaid.gov/pubs/strat__plan/">http://
www.info.usaid.gov/pubs/strat__plan/</a>).

    Dated: March 31, 1997.
Dan Rathbun,
Program Officer, Office of Program, Planning and Evaluation, Bureau for 
Humanitarian Response.
[FR Doc. 97-9170 Filed 4-9-97; 8:45 am]
BILLING CODE 6116-01-M


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 November 20, 2013

t1113

Order 

Clerk

November 20, 2013

147384 & (40)

SAL-MAR ROYAL VILLAGE, L.L.C.,

Plaintiff-Appellee,

v SC: 147384

COA: 308659

Macomb CC: 2011-004061-AW

MACOMB COUNTY TREASURER,

Defendant-Appellant. 

_________________________________________/

On order of the Court, the motion for leave to file brief amicus curiae is 

GRANTED. The application for leave to appeal the May 30, 2013 judgment of the Court 

of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to 

appeal, we REMAND this case to the Court of Appeals for consideration of whether the 

plaintiff’s complaint for relief falls under the exclusive jurisdiction of the Michigan Tax 

Tribunal pursuant to MCL 205.731. See Hillsdale Senior Servs v Hillsdale Co, 494 Mich 

46 (2013).

We retain jurisdiction.

VIVIANO, J., did not participate because he presided over this case in the circuit 

court.
[Federal Register Volume 62, Number 65 (Friday, April 4, 1997)]
[Notices]
[Page 16171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8583]


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


DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institute on Aging; Notice of Closed Meeting

    Pursuant to Section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
National Institute on Aging Special Emphasis Panel meeting:

    Name of SEP: Postponed Aging in Drosophila (Teleconference).
    Date of Meeting: March 31, 1997.
    Time of Meeting: 2:00 p.m. to adjournment.
    Place of Meeting: National Institute on Aging, Gateway Building, 
Room 2C212, 7201 Wisconsin Avenue, Bethesda, Maryland 20892.
    Purpose/Agenda: To review a program project.
    Contact Person: Dr. James P. Harwood, Scientific Review 
Administrator, Gateway Building, Room 2C212, National Institutes of 
Health, Bethesda, Maryland 20892-9205, (301) 496-9666.
    This notice is being published less than 15 days prior to the 
above meeting due to the urgent need to meet timing limitations 
imposed by the review and funding cycle.
    This meeting will be closed in accordance with the provisions 
set forth in secs. 552b(c) (4) and 552b(c)(6), Title 5, U.S.C. 
Applications and/or proposals and the discussions could reveal 
confidential trade secrets or commercial property such as patentable 
material and personal information concerning individuals associated 
with the applications and/or proposals, the disclosure of which 
would constitute a clearly unwarranted invasion of personal privacy.

(Catalog of Federal Domestic Assistance Program No. 93.866, Aging 
Research, National Institutes of Health)

    Dated: March 31, 1997.
LaVerne Y. Stringfield,
Committee Management Officer, NIH.
[FR Doc. 97-8583 Filed 4-4-97; 8:45 am]
BILLING CODE 4140-01-M
[Federal Register Volume 62, Number 10 (Wednesday, January 15, 1997)]
[Proposed Rules]
[Page 2064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-989]


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

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Parts 1301 and 1304

[DEA-143C]
RIN 1117-AA36


Establishment of Freight Forwarding Facilities for DEA 
Distributor Registrants; Correction

AGENCY: Drug Enforcement Administration (DEA), Justice.

ACTION: Correction to Notice of Proposed Rulemaking.

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

SUMMARY: This document contains a correction to the proposed rule (DEA-
143P) which was published Wednesday, December 18, 1996 (61 FR 66637). 
The proposed rule related to new regulations to allow the establishment 
of freight forwarding facilities by DEA distributor registrants.

FOR FURTHER INFORMATION CONTACT:
G. Thomas Gitchel, Chief, Liaison and Policy Section, Office of 
Diversion Control, Drug Enforcement Administration, Washington, D.C. 
20537, Telephone (202) 307-7297.

SUPPLEMENTARY INFORMATION: 

Background

    The proposed regulations that are subject to this correction, make 
amendments to Parts 1301 and 1304 of Title 21 of the Code of Federal 
Regulations to allow the establishment of freight forwarding facilities 
by DEA distributor registrants.

Need for Correction

    As published, the proposed rule contained an omission in the DATES 
section which may prove to be misleading and is in need of 
clarification.

Correction of Publication

    Accordingly, the publication on December 18, 1996 of the proposed 
rule (DEA-143P), which was the subject of FR Doc. 96-32077, is 
corrected as follows:
    On Page 66637, in the first column, in the DATES section, the entry 
``February 18, 1996'' is corrected to read ``Written comments or 
objections must be received on or before February 28, 1997''.
* * * * *
    Dated: January 9, 1997.
Gene R. Haislip,
Deputy Assistant Administrator, Office of Diversion Control.
[FR Doc. 97-989 Filed 1-14-97; 8:45 am]
BILLING CODE 4410-09-M
#### COM. v. COOL, J.

1925 MDA 2016

Superior Court of Pennsylvania.

7/18/2017

CP-40-CR-0001360-2015

(Luzerne)

Affirmed — Application to Withdraw as Counsel Granted