alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 19

- 50788 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v.
JAVIER GALINDO

- CABALLERO , Defendant

- Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 2:19

- CR

- 82

- 1

Before JOLLY, JONES, and SOUTHWICK, Circuit Judges

. PER CURIAM: * Javier Galindo

- Caballero appeals the 54

- month sentence imposed following conviction based on his guilty plea of illegal reentry after having been previously removed

. He argues that his sentence was imposed under an unconstitutional statute, 8 U.S.C. § 1326(b). Specifically, he contends that in order to trigger a sentencing enhancement under Section 1326(b), the fact of a prior conviction must be alleged in the indictment and proven to a jury;

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not b e published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED April 2, 2020 Lyle W. Cayce Clerk Case: 19-50788 Document: 00515369463 Page: 1 Date Filed: 04/02/2020No. 19

- 50788

2 therefore, he asserts that Section 1326(b) is unconstitutional. He correctly concedes that his argument is foreclosed by Almendarez

- Torres v. United States , 523 U.S. 224 (1998), but he makes the argument to preserve it for further possible review. See United States v. Wallace , 759 F.3d 486, 497 (5th Cir. 2014); United States v. Pineda

- Arrellano , 492 F.3d 624, 625

– 26 (5th Cir. 2007). The Government has filed an unopposed motion for summary affirmance and , alternatively, seeks an extension of time to file its brief. Because the issue is foreclosed, summary affirmance is appropriate. See Groendyke Transp., Inc. v. Davis , 406 F.2d 1158, 1162 (5th Cir. 1969). Accordingly, the Government’s motion for summar y affirmance is GRANTED, the Government’s alternative motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED

. Case: 19-50788 Document: 00515369463 Page: 2 Date Filed: 04/02/2020
2017-1803.

#### State v. Sowards.

Gallia App. No. 17CA13, 2017-8668. On motion to continue stay of execution. Motion denied. Fischer, J., dissents.

O’Neill, J., not participating.
# Palmer talks support to tactical vehicle fleet at national conference

/ Published Feb. 6, 2019
COLUMBUS, Ohio, 
                Palmer talks support to tactical vehicle fleet at national confe                            Defense Logistics Agency Land and Maritime Commander Navy Rear Adm. John Palmer highlighted the combat logistics agency’s support to the Department of Defense during his keynote presentation at the Tactical Wheeled Vehicles Conference Feb. 4 in Monterey, California. The annual conference hosted by the National Defense Industrial Association brought together leaders from the Office of the Secretary of Defense, the military services, industry, prime contractors, subcontractors, suppliers, and academia to address present and future tactical wheeled vehicle requirements.  As DLA’s representative to the conference, Palmer briefed on the agency’s strategic plan as well as its global land and maritime supply chains which provide vehicle parts, maintenance kits, tires, batteries and other components to support the nation’s warfighters. (Photo courtesy of Heather Havens, NDIA)            SHARE IMAGE:Download ImageImage DetailsPhoto By: Photo courtesy of Heather Havens, NDIAVIRIN: 190204-D-D0441-100Defense Logistics Agency Land and Maritime Commander Navy Rear Adm. John Palmer highlighted the combat logistics agency’s support to the Department of Defense during his keynote presentation at the Tactical Wheeled Vehicles Conference Feb. 4 in Monterey, California. 

The annual conference hosted by the National Defense Industry Association brought together leaders from the Office of the Secretary of Defense, the military services, industry, prime contractors, subcontractors, suppliers, and academia to address present and future tactical wheeled vehicle requirements. 

As DLA’s representative to the conference, Palmer briefed on the agency’s strategic plan as well as its global land and maritime supply chains which provide vehicle parts, maintenance kits, tires, batteries and other components to support the nation’s warfighters.
#### The People of the State of New York, Respondent, v Leonardo Mora-Diaz, Appellant.

[64 NYS3d 517]

Judgment, Supreme Court, New York County (Michael J. Obús, J.), rendered June 6, 2013, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fourth degree, and sentencing him to four years’ probation, unanimously reversed, on the law, defendant’s motion to suppress granted, and the indictment dismissed.

As the People concede, defendant is entitled to suppression because the hearing evidence did not establish a sufficient basis for a search of a closed container incident to defendant’s arrest, under the principles set forth in *People v Jimenez*(22 NY3d 717 [2014]), which was decided after defendant’s conviction.

Concur—Richter, J.P., Manzanet-Daniels, Andrias, Kern and Singh, JJ.
# L_2011132EN.01001301.xml

| 19.5.2011 | EN | Official Journal of the European Union | L 132/13 |
| --- | --- | --- | --- |

19.5.2011

EN

Official Journal of the European Union

L 132/13

---

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 2 May 2011

on mobilisation of the European Union Solidarity Fund, in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management

(2011/286/EU)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 26 thereof,

Having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (2),

Having regard to the proposal from the European Commission,

Whereas:

| (1) | The European Union has created a European Union Solidarity Fund (the ‘Fund’) to show solidarity with the population of regions struck by disasters. |
| --- | --- |

(1)

The European Union has created a European Union Solidarity Fund (the ‘Fund’) to show solidarity with the population of regions struck by disasters.

| (2) | The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the Fund within the annual ceiling of EUR 1 billion. |
| --- | --- |

(2)

The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the Fund within the annual ceiling of EUR 1 billion.

| (3) | Regulation (EC) No 2012/2002 contains the provisions whereby the Fund may be mobilised. |
| --- | --- |

(3)

Regulation (EC) No 2012/2002 contains the provisions whereby the Fund may be mobilised.

| (4) | Poland, Slovakia, Hungary, the Czech Republic, Croatia and Romania submitted their application to mobilise the Fund, concerning disaster caused by landslides and heavy flooding, |
| --- | --- |

(4)

Poland, Slovakia, Hungary, the Czech Republic, Croatia and Romania submitted their application to mobilise the Fund, concerning disaster caused by landslides and heavy flooding,

HAVE ADOPTED THIS DECISION:

Article 1

For the general budget of the European Union for the financial year 2011, the European Union Solidarity Fund shall be mobilised to provide the sum of EUR 182 388 893 in commitment and payment appropriations.

Article 2

This Decision shall be published in the Official Journal of the European Union.

Done at Brussels, 2 May 2011.

For the European Parliament

The President

J. BUZEK

For the Council

The President

CSÉFALVAY Z.

---

(1)  
  OJ C 139, 14.6.2006, p. 1.

1

(2)  
  OJ L 311, 14.11.2002, p. 3.

2

---
#### Provident Life and Casualty Insurance Company, Respondent, v Scott A. Brittenham, Appellant.

[769 NYS2d 735]

In an action, inter alia, for a judgment declaring that the plaintiff is not obligated to pay the defendant under the terms of certain disability insurance policies, the defendant appeals, as limited by his notice of appeal and brief, from so much of an order of the Supreme Court, Nassau County (Alpert, J.), dated May 13, 2002, as denied that branch of his motion which was for summary judgment on the issue of liability on his counterclaims seeking benefits under the subject policies.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant failed to make a prima facie showing of entitlement to judgment as a matter of law *(see Winegrad v New York Univ. Med. Ctr.,*64 NY2d 851 [1985]; *Zuckerman v City of New York,*49 NY2d 557 [1980]). Failure to make such a showing requires denial of the motion, regardless of the sufficiency of the opposing papers *(see Winegrad v New York Univ. Med. Ctr., supra).*Accordingly, the Supreme Court correctly denied the defendant’s motion for summary judgment on the issue of liability on his counterclaims seeking benefits under the subject policies.

The plaintiffs contention that the Supreme Court erred in its construction of certain terms in the subject policies is not properly before this Court. Smith, J.P., Luciano, H. Miller and Townes, JJ., concur.
```
[Federal Register Volume 63, Number 110 (Tuesday, June 9, 1998)]
[Notices]
[Pages 31447-31448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15292]

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

COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS

Announcement of Public Comment Period on the Elimination of the 
Paper Visa Requirement for Taiwan

June 3, 1998.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).

ACTION: Seeking public comments on the elimination of the paper visa 
requirement for Taiwan.

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

FOR FURTHER INFORMATION CONTACT: Lori Mennitt, Office of Textiles and 
Apparel, U.S. Department of Commerce, (202) 482-3821.

SUPPLEMENTARY INFORMATION:

    Authority: Section 204 of the Agricultural Act of 1956, as 
amended (7 U.S.C. 1854); Executive Order 11651 of March 3, 1972, as 
amended.

    The Electronic Visa Information System (ELVIS) allows foreign 
governments to electronically transfer shipment information to the U.S. 
Customs Service on textile and apparel shipments subject to bilateral 
provisions. On November 9, 1995, a notice was published in the Federal 
Register (60 FR 56576) seeking public comments on the implementation of 
ELVIS. Subsequently, a document published on October 31, 1997 (62 FR

[[Page 31448]]

58943) announced that Taiwan, starting on November 1, 1997, would begin 
an ELVIS dual visa system test implementation phase. This test phase 
does not eliminate the requirement for a valid paper visa to accompany 
each shipment for entry into the United States.
    As a result of successful use of the dual visa system, preparations 
are under way to move beyond the current dual system to the paperless 
ELVIS system with Taiwan. However, goods exempt from visa requirements 
will still require a proper and correct exempt certification.
    The Committee for the Implementation of Textile Agreements is 
requesting interested parties to submit comments on the elimination of 
the paper visa requirement for Taiwan and utilization of the ELVIS 
system exclusively. Comments must be received on or before August 10, 
1998. Comments may be mailed to Troy H. Cribb, Chairman, Committee for 
the Implementation of Textile Agreements, room 3001, U.S. Department of 
Commerce, 14th and Constitution Avenue, NW., Washington, DC 20230.
    The Committee for the Implementation of Textile Agreements has 
determined that this action falls within the foreign affairs exception 
of the rulemaking provisions of 5 U.S.C.553(a)(1).
Troy H. Cribb,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc.98-15292 Filed 6-8-98; 8:45 am]
BILLING CODE 3510-DR-F
```
# USNS Supply Refuels Italian Ship in Mediterranean Sea

/ Published April 29, 2020
MEDITERRANEAN SEA, 
Military Sealift Command Supply-Class fast combat support ship USNS Supply (T-AOE 6) completed an exercise with Arleigh Burke-class guided-missile destroyers USS Porter (DDG 80), USS Roosevelt (DDG 80), P-8A Poseidon from Patrol Squadron (VP) 4 and Italian Navy frigate ITS Federico Martinengo (F 596) in the Mediterranean Sea, April 23.Supply provided support to ships through rapid refueling and replenishment-at-sea while U.S. and Italian Navy ships conducted training to enhance interoperability between the two nations.Prior to the photo exercise, Martinengo requested fuel from Supply. One of the primary missions of Supply is to provide fuel to not only U.S. ships, but allied ships as well.“Martinengo was in need of fuel and Supply was happy to provide,” said Second Officer Tegan Church. “We always enjoy working with foreign ships since their setup is different than our fleet.”Church explained that Supply’s crew wanted to complete a refueling-at-sea with Martinengo to help enhance crew proficiency on refueling on different types of setups. She mentioned that no ship conducts a RAS the same, so performing these types of evolutions are beneficial to train the crew.“It’s always nice to learn more,” said Church, “that helps us support more vessels in the future.”The RAS went smoothly, according to Church.“Their crew was professional, efficient and familiar with the process, making a simple evolution,” said Church. “It is always a pleasure to work with our NATO allies.”The U.S. and Italy share strong relations, they are steadfast and active transatlantic NATO partners.“Operations like these demonstrates Italy and the United States’ commitment to both our bilateral relationship and to the North Atlantic Treaty,” said Commodore, Military Sealift Command Europe and Africa (MSCEURAF) and Commander, Task Force 63 (CTF-63) Capt. Frank Okata. “It also allows them to stay at sea, build proficiency and remained focused on the mission.”Supply’s to replenishment of these ships at sea not only provided greater flexibility for the ships to remain underway and on station for extended periods of time, but also provided additional measures to keep crews healthy during the COVID-19 global pandemic by eliminating potential exposures to the virus while in port.Supply is one of MSC’s largest combat logistic ships. It delivers petroleum products, ammunition, food and other cargo to customer ships. The crew can move millions of gallons of fuel and a few hundred pallets daily to multiple ships.“The crew onboard USNS Supply are what makes supporting these types of ships possible,” said Captain John Pritchett, Master of Supply. “Without their hard work and dedication, we wouldn’t be able to accomplish even a fraction of this. It is what we are here for.”*Editor's note: The original story can be viewed on the U.S. Naval Forces Europe-Africa / U.S. 6th Fleet website.*
DLA Distribution’s Day retires after 25 years of federal service
 
  By Diana Dawa, Distribution Public Affairs
  Beth A. Day, supervisory case manager, Equal Employment Opportunity, Defense Logistics Agency Distribution/East, is retiring April 30 after 25 years of service. Day has served in various positions throughout her career. She began federal service as an employee development clerk with the Navy Materiel Command Intern Center. Day then worked her way up through the Equal Employment Opportunity career path, serving in various positions – equal employment specialist, deputy EEO officer/training manager and EEO contract investigator. With her number of years of service, Day has had a multitude of work experience with people in government service. “One really cool thing comes to mind. It was during an investigation at Kennedy airport in an executive’s office – he looked at his watch and said we had to stop the interview for a few minutes because the Concorde was taking off. He had a window on the runway!” Day has spent a lot of time working with the people of DLA over the span of her career and shared her impression of those she encountered within the organization. “This is a microcosm of all kinds of folks – there is so much untapped talent!” According to Yvette Harris, director, DLA Distribution EEO, Day is “a highly skilled leader in EEO. Her attention to detail, responsiveness and customer service was instrumental in managing a large EEO Program with geographically sparse employees.” Harris said Day earned a Superior Civilian Service Award for her work in the EEO office and will receive a Meritorious Civilian Service Award upon retirement for her commitment to public service. Day said the key to her success is active listening and she provided the following advice for those getting into government service, “Read ‘Self Reliance’ [Ralph Emerson], try hard and do your best and keep a sense of humor.” In her retirement, Day will devote her time to charity work. “When I retire, I look forward to devoting more time to the Lauren and Spencer Day Foundation, which was established in loving memory of my daughter and son. The Foundation raises money to provide financial assistance to families going through a major medical crisis.” “She will truly be missed but the knowledge she shared with us will last for the rest of our careers,” said Harris.
##### 



EXHIBIT 10.1

CERTIFICATION UNDER SECTION 906 OF THE SARBANES-OXLEY ACT





---



##### 



CERTIFICATION UNDER SECTION 906 OF THE SARBANES-OXLEY ACT

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), each of the
undersigned officers of Hawker Resources Inc., a company organized under the
laws of Alberta, Canada (the Company), does hereby certify, to the best of
such officers knowledge, that:



| | 1. |  | The Companys Annual Report on Form 20-F
for the fiscal year ended December 31, 2002 (the
Form 20-F) fully complies with the requirements
of Section 13(a) of the Securities Exchange Act
of 1934, as amended except that the financial
statements of Southward Energy Ltd. included in the Form 20-F have been audited in accordance
with Canadian generally accepted auditing standards and not in accordance with United States
generally accepted auditing standards because Southward Energy Ltd.
has never been a registrant under the Securities Exchange Act of 1934; and
| | -- |  | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|
| | 2. |  | Information contained in the Form 20-F
fairly presents, in all material respects, the
financial condition and results of operations of
the Company.                                                                                                                                                                                                                                                                                                                                                                                                                                

|                    |  |                          
|------------------- |  | -------------------------
|Date: June 25, 2003 |  |                          
|                    |  | (signed) David A. Tuer   
|                    |  | Chief Executive Officer  
|                    |  |                          
|Date: June 25, 2003 |  |                          
|                    |  | (signed) Barry R. Herring
|                    |  | Chief Financial Officer  

The certification set forth above is being furnished solely pursuant to Section
906 of the Sarbanes-Oxley Act of 2002 and should not be deemed to be filed
under the Securities Exchange Act of 1934 by the Company or the certifying
officers.

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.
II

103D CONGRESS

2D SESSION S. 1857

To authorize appropriations to assist in carrying out the North American

Wetlands Conservation Act for fiscal year 1995 through fiscal year 2000,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 22, 1994

Mr. MITCHELL (for himself and Mr. CHAFEE) introduced the following bill;

which was read twice and referred to the Committee on Environment and

Public Works

A BILL

To authorize appropriations to assist in carrying out the

North American Wetlands Conservation Act for fiscal

year 1995 through fiscal year 2000, 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 That section 7(c) of the North American Wetlands Con4 servation Act (16 U.S.C. 4406(c)) is amended by striking

5 ‘‘not to exceed $15,000,000 for each of fiscal years 1991,

6 1992, 1993, and 1994’’ and inserting in lieu thereof ‘‘not

7 to exceed $20,000,000 for fiscal years 1995 and 1996,
2

S 1857 IS

1 $30,000,000 for fiscal years 1997 and 1998, and

2 $40,000,000 for fiscal years 1999 and 2000’’.

Æ
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1921 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 1921

              To suspend temporarily the duty on amitraz.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

             March 10 (legislative day, February 22), 1994

   Mr. Riegle introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
              To suspend temporarily the duty on amitraz.

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

SECTION 1. TEMPORARY SUSPENSION OF DUTY.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:
    

       ``  9902.31.12   N'-(2,4-dimethylphenyl)-N-               No change      No change      On or before     
                         [[(2,4 dimethylphenyl)imino]                                           12/31/98      ''
                         methyl]-N                                                                             .
                         methylmethanimidamide (CAS                                                             
                         No. 33089-61-1) (provided                                                              
                         for in subheading 2926.90.27  Free                                                     

    (b) Effective Date.--The amendment made by this section applies 
with respect to goods entered, or withdrawn from warehouse for 
consumption, on or after the 15th day after the date of the enactment 
of this Act.

                                 <all>
```