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

for the Fifth Circuit _____________

No. 22-50991

consolidated with

No. 22-51010

_____________

United States of America, 

Plaintiff—Appellee,

versus

Rodolfo Hernandez Roman, 

Defendant—Appellant.

______________________________

Appeal from the United States District Court 

for the Western District of Texas

USDC Nos. 4:22-CR-528-1, 

4:22-CR-242-1

______________________________

Before Davis, Smith, and Douglas, Circuit Judges.

Per Curiam:*

Rodolfo Hernandez Roman appeals his sentence for illegal reentry 

after removal, as well as the judgment revoking his term of supervised release 

for committing the new offense. He has not briefed, and has therefore 

abandoned, any challenge to the revocation of supervised release or his 

_____________________

* This opinion is not designated for publication. See 5th Cir. R. 47.5.

United States Court of Appeals

Fifth Circuit

FILED

May 1, 2023

Lyle W. Cayce

Clerk

Case: 22-50991 Document: 00516733489 Page: 1 Date Filed: 05/01/2023
22-50991

c/w No. 22-51010

2

revocation sentence. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 

1993).

For the first time on appeal, Hernandez Roman argues that his 

sentence exceeds the statutory maximum and is therefore unconstitutional 

because the district court enhanced his sentence under 8 U.S.C. § 1326(b) 

based on facts that were neither alleged in the indictment nor found by a jury 

beyond a reasonable doubt. While he acknowledges this argument is 

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

nevertheless seeks to preserve it for possible Supreme Court review. 

Accordingly, Hernandez Roman has filed an unopposed motion for summary 

disposition.

Subsequent Supreme Court decisions such as Alleyne v. United States, 

570 U.S. 99 (2013), and Apprendi v. New Jersey, 530 U.S. 466 (2000), did not 

overrule Almendarez-Torres. See United States v. Pervis, 937 F.3d 546, 553-54 

(5th Cir. 2019). Thus, Hernandez Roman is correct that his argument is 

foreclosed, and summary disposition is appropriate. See Groendyke Transp., 

Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969).

Hernandez Roman’s motion is GRANTED, and the district court’s 

judgments are AFFIRMED.

Case: 22-50991 Document: 00516733489 Page: 2 Date Filed: 05/01/2023
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE MAY
DEPARTMENT STORES COMPANY FORM 10-Q FOR THE QUARTER ENDED MAY 3, 1997 AND IS
QUALIFIED IN ITS ENTIRETY TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JAN-31-1998
<PERIOD-END>                               MAY-03-1997
<CASH>                                              12
<SECURITIES>                                        97
<RECEIVABLES>                                    2,154
<ALLOWANCES>                                        94
<INVENTORY>                                      2,636
<CURRENT-ASSETS>                                 4,931
<PP&E>                                           6,489
<DEPRECIATION>                                   2,304
<TOTAL-ASSETS>                                   9,978
<CURRENT-LIABILITIES>                            2,137
<BONDS>                                          3,722
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                       3,462
<TOTAL-LIABILITY-AND-EQUITY>                     9,978
<SALES>                                          2,586
<TOTAL-REVENUES>                                 2,675
<CGS>                                            1,881
<TOTAL-COSTS>                                    1,881
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  76
<INCOME-PRETAX>                                    163
<INCOME-TAX>                                        65
<INCOME-CONTINUING>                                 98
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                    (4)
<CHANGES>                                            0
<NET-INCOME>                                        94
<EPS-PRIMARY>                                     0.38
<EPS-DILUTED>                                     0.37
        

</TABLE>
|                                                                  
|------------------------------------------------------------------
|                                                                  
|View History:  Monthly  Annual Download Data (XLS File)          
|View History:  Monthly  Annual                                    
|View History:  Monthly  Annual                                    
|View History:                                                     
|                                                                  
|Arizona Natural Gas Vehicle Fuel Consumption  (Million Cubic Feet)
|                                                                  
|                                                                  
|Arizona Natural Gas Vehicle Fuel Consumption  (Million Cubic Feet)
|                                                                  

|Decade                                                                                                                            | Year-0 | Year-1 | Year-2 | Year-3 | Year-4 | Year-5 | Year-6 | Year-7 | Year-8 | Year-9
|--------------------------------------------------------------------------------------------------------------------------------- | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------
|1980's                                                                                                                            |        |        |        |        |        |        |        |        | 0      | 0     
|1990's                                                                                                                            | 0      | 37     | 46     | 44     | 61     | 118    | 115    | 313    | 411    | 513   
|2000's                                                                                                                            | 563    | 930    | 982    | 1,200  | 1,347  | 1,888  | 1,989  | 2,010  | 1,991  | 2,096 
|2010's                                                                                                                            | 2,015  | 1,712  | 1,707  | 1,730  | 2,181  | 2,207  | 2,471  | 1,565  | 1,656  | 1,622 
|2020's                                                                                                                            | 2,027  | 2,071  | 2,114  | 1,729  |        |        |        |        |        |       
|- = No Data Reported;  -- = Not Applicable;  NA = Not Available;  W = Withheld to avoid disclosure of individual company data.
|                                                                                                                                 
|Release Date: 5/31/2024                                                                                                          
|Next Release Date: 6/28/2024
|                                                                  
|------------------------------------------------------------------
|                                                                  
|View History:  Monthly  Annual Download Data (XLS File)          
|View History:  Monthly  Annual                                    
|View History:  Monthly  Annual                                    
|View History:                                                     
|                                                                  
|Florida Natural Gas Vehicle Fuel Consumption  (Million Cubic Feet)
|                                                                  
|                                                                  
|Florida Natural Gas Vehicle Fuel Consumption  (Million Cubic Feet)
|                                                                  

|Decade                                                                                                                            | Year-0 | Year-1 | Year-2 | Year-3 | Year-4 | Year-5 | Year-6 | Year-7 | Year-8 | Year-9
|--------------------------------------------------------------------------------------------------------------------------------- | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------
|1980's                                                                                                                            |        |        |        |        |        |        |        |        | 0      | 0     
|1990's                                                                                                                            | 0      | 7      | 9      | 27     | 68     | 75     | 88     | 226    | 239    | 298   
|2000's                                                                                                                            | 328    | 476    | 488    | 596    | 670    | 209    | 232    | 243    | 137    | 116   
|2010's                                                                                                                            | 60     | 84     | 84     | 175    | 290    | 336    | 613    | 3,700  | 4,299  | 4,964 
|2020's                                                                                                                            | 5,236  | 5,727  | 6,376  | 5,214  |        |        |        |        |        |       
|- = No Data Reported;  -- = Not Applicable;  NA = Not Available;  W = Withheld to avoid disclosure of individual company data.
|                                                                                                                                 
|Release Date: 7/31/2024                                                                                                          
|Next Release Date: 8/30/2024
|                                                                         
|-------------------------------------------------------------------------
|                                                                         
|View History: Annual Download Data (XLS File)                           
|View History: Annual                                                     
|View History: Annual                                                     
|View History:                                                            
|                                                                         
|Colorado Natural Gas Number of Commercial Consumers  (Number of Elements)
|                                                                         
|                                                                         
|Colorado Natural Gas Number of Commercial Consumers  (Number of Elements)
|                                                                         

|Decade                                                                                                                            | Year-0  | Year-1  | Year-2  | Year-3  | Year-4  | Year-5  | Year-6  | Year-7  | Year-8  | Year-9 
|--------------------------------------------------------------------------------------------------------------------------------- | ------- | ------- | ------- | ------- | ------- | ------- | ------- | ------- | ------- | -------
|1980's                                                                                                                            |         |         |         |         |         |         | 108     | 109,770 | 110,769 | 112,004
|1990's                                                                                                                            | 112,661 | 113,945 | 114,898 | 115,924 | 115,994 | 118,502 | 121,221 | 123,580 | 125,178 | 129,041
|2000's                                                                                                                            | 131,613 | 134,393 | 136,489 | 138,621 | 138,543 | 137,513 | 139,746 | 141,420 | 144,719 | 145,624
|2010's                                                                                                                            | 145,460 | 145,837 | 145,960 | 150,145 | 150,235 | 150,540 | 151,401 | 153,312 | 153,446 | 152,220
|2020's                                                                                                                            | 152,693 | 153,435 | 155,259 |         |         |         |         |         |         |        
|- = No Data Reported;  -- = Not Applicable;  NA = Not Available;  W = Withheld to avoid disclosure of individual company data.
|                                                                                                                                 
|Release Date: 5/31/2024                                                                                                          
|Next Release Date: 6/28/2024
Exhibit 32

The following certifications are being furnished solely to
accompany the Report pursuant to 18 U.S.C.  1350 and in
accordance with SEC Release No. 33-8238.  These certifications
shall not be deemed "filed" for purposes of Section 18 of the
Securities Exchange Act of 1934, as amended, nor shall be
incorporated by reference in any filing of the Company under the
Securities Act of 1933, as amended, whether made before or after
the date hereof, regardless of any general incorporation language
in such filing.


                    CERTIFICATION PURSUANT TO
                     18 U.S.C. SECTION 1350

In connection with the Quarterly Report of Maui Land & Pineapple
Company, Inc. (the "Company") on Form 10-Q for the quarter ended
September 30, 2004 as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), we, David C. Cole
and Fred W. Rickert, respectively, the Chairman, President &
Chief Executive Officer and Vice President/Chief Financial
Officer of the Company, certify, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to section 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/ DAVID C. COLE
David C. Cole
Chairman, President & Chief Executive Officer
(Principal Executive Officer)


November 12, 2004
Date



 /S/ FRED W. RICKERT
Fred W. Rickert
Vice President/Chief Financial Officer
(Principal Financial Officer)


November 12, 2004
Date

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.
118P17

#### State v. Herbert Lee Stroud

1. Defs Notice of Appeal Based Upon a Constitutional Question (COA16-59)

2. Defs PDR Under N.C.G.S. § 7A-31

3. State’s Motion to Dismiss Appeal

i.-

2. Denied

3. Allowed
|                                                                                     
|-------------------------------------------------------------------------------------
|                                                                                     
|View History: Annual Download Data (XLS File)                                       
|View History: Annual                                                                 
|View History: Annual                                                                 
|View History:                                                                        
|                                                                                     
|Neptune Deepwater Port Natural Gas Liquefied Natural Gas Imports (Million Cubic Feet)
|                                                                                     
|                                                                                     
|Neptune Deepwater Port Natural Gas Liquefied Natural Gas Imports (Million Cubic Feet)
|                                                                                     

|Decade                                                                                                                            | Year-0 | Year-1 | Year-2 | Year-3 | Year-4 | Year-5 | Year-6 | Year-7 | Year-8 | Year-9
|--------------------------------------------------------------------------------------------------------------------------------- | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------
|2000's                                                                                                                            |        |        |        |        |        |        |        | 0      | 0      | 0     
|2010's                                                                                                                            | 1,332  | 0      | 0      | 0      | 0      |        |        |        |        |       
|- = No Data Reported;  -- = Not Applicable;  NA = Not Available;  W = Withheld to avoid disclosure of individual company data.
|                                                                                                                                 
|Release Date: 7/31/2024                                                                                                          
|Next Release Date: 8/30/2024
No. 12-6648.

#### Delacruz *v.*United States.

C. A. 9th Cir. Certiorari denied.
[Federal Register Volume 63, Number 91 (Tuesday, May 12, 1998)]
[Notices]
[Page 26207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12590]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management
[NV-030-98-1330-00]


Notice of Closure of Public Lands to Off-Road Vehicle Use and 
Discharge of Firearms, Carson City, NV

AGENCY: Bureau of Land Management, Department of the Interior.

SUMMARY: Notice is hereby given that certain public lands in the 
vicinity of Highland Ranch Parkway, Sun Valley, Nevada are closed to 
off-road motorized vehicle use and the discharge of firearms. This 
closure is necessary to prevent impacts to soil and vegetative 
resources at a recently reclaimed BLM community pit.

EFFECTIVE DATES: This closure will take effect June 11, 1998, and will 
remain in effect until the BLM Authorized Officer determines the 
reclamation at the pit is successful and the closure is no longer 
needed. Interested parties may submit comments to the Carson City 
District Manager, John O. Singlaub.

SUPPLEMENTARY INFORMATION: This closure applies to all motorized 
vehicle traffic and discharge of firearms except for emergency and law 
enforcement personnel during the conduct of their official duties. The 
public lands affected by this closure are described as follows.

Mt. Diablo Meridian.
    T. 20 N., R. 20 E., Sec, 9, S\1/2\SE\1/4\SW\1/4\

    Authority: 43 CFR 8364-Closure and Restriction Orders; 8365.1-6-
Supplementary Rules of Conduct; 8341.2-Off-road Vehicles Conditions 
of Use, Special Rules.

    Penalty: Any person who fails to comply with this closure may be 
subject to imprisonment for not more than 12 months, or a fine in 
accordance with the applicable provisions of 18 USC 3571, or both.

FOR FURTHER INFORMATION CONTACT: Ronald J. Tauchen, Bureau of Land 
Management, Carson City Field Office, 5665 Morgan Mill Road, Carson 
City, Nevada 89701 Telephone: (702) 885-6000
    A map of the closed area is available at the Carson City Field 
Office.

    Dated: May 5, 1998.
John O. Singlaub,
District Manager, Carson City District.
[FR Doc. 98-12590 Filed 5-11-98; 8:45 am]
BILLING CODE 4310-HC-M
Materials Not Included in

Airworthiness Directive (AD) Docket

Docket Number: FAA- 2011-0224

Directorate Identifier: 2010NM210AD

AI/SE-M4/95A.0089/97, I16 --- 6/13/08

D-T ALI --- 3/23/06

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

Supplemental AD Docket

MAY BE VIEWED AT: Federal Aviation Administration

Transport Airplane Directorate

Rules Docket

1601 Lind Ave. SW.,

Renton, WA 98057

425.227.1221

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

except Federal holidays.

Form Date: 03/05/2008
The adoption of amendments to Article 2, 

Consumer Products Regulation.
AMENDMENTS TO THE CONSUMER PRODUCTS REGULATION 

SIP Revision Package 

Table of Contents

1. SIP Completeness Checklist 

2. Executive Order R-08-016 and Resolution 08-30 adopting 

amendments to the Consumer Products Regulation. 

 Attachment A: Currently Effective Regulation 

 Attachment B: Regulation in Strikeout/Underlined Format 

3. The following supporting document for other laws and regulations 

mentioned in Article 2, Consumer Products Regulation: 

 Health and Safety Codes 38501, 38510, 38560, 38560.1, 

38562, and 38580, as cited in Section 94508, “Authority 

cited.” 

4. Materials pertaining to the ARB’s regulatory action (see Foraml 

Letter of Submittal to the U.S. EPA): adoption of amendments to 

Article 2, Consumer Products Regulation. 

A. Office of Administrative Law Form 400 (contains OAL 

approval of regulation) with attachments. 

B. Certificate of Rulemaking File 

C. Table of Contents 

D. Updated Informative Digest 

E. Executive Order R-08-016 

F. Resolution 08-30 

G. Final Statement of Reasons for Rulemaking 

H. Notice of Decision and Response 

I. Economic and Fiscal Impact Statement 

J. Certificate of Mailing, Public Notice, and Modified Text 

K. Staff Report, Initial Statement of Reasons 

L. Transcript of the June 26, 2009 Public Hearing 

M. Slide Presentation 

N. Written Comments Received During the 45-day 

Comment Period 

 O. Certificate of Mailing, Notice of Modified Text, and 

 Modified Text 

 P. Written Comments Received During the 15-day 

 Comment Period 

 Q. References Used by ARB Staff