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

FOR THE FIFTH CIRCUIT

No. 16-40976

UNITED STATES OF AMERICA, 

 Plaintiff - Appellee

v.

JOSE EMILIO VANEGAS-MARTINEZ, 

 Defendant - Appellant

Appeal from the United States District Court 

for the Southern District of Texas

USDC No. 5:15-CR-1542-1

ON REMAND FROM THE UNITED STATES SUPREME COURT

Before HAYNES, HO, and DUNCAN, Circuit Judges.

PER CURIAM:*

On March 7, 2017, we issued an opinion denying Jose Emilio VanegasMartinez’s challenge to 18 U.S.C. § 16(b). United States v. Vanegas-Martinez, 

678 F. App’x 260 (5th Cir. 2017). Vanegas-Martinez argued that § 16(b)’s 

definition of “crime of violence” was unconstitutionally vague under Johnson 

v. United States, 135 S. Ct. 2551 (2015), and that his California conviction for 

 

* Pursuant to 5TH CIR. 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 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

October 2, 2018

Lyle W. Cayce

Clerk

 Case: 16-40976 Document: 00514664584 Page: 1 Date Filed: 10/02/2018
No. 16-40976

2

sexual battery by restraint, see CAL. PENAL CODE § 243.4(a), was not an 

“aggravated felony” for purposes of his conviction for illegal reentry under 8 

U.S.C. § 1326(b)(2). See 8 U.S.C. § 1101(a)(43)(F) (defining “aggravated felony”

as including “a crime of violence” as defined in 18 U.S.C. § 16). We granted the 

Government’s motion for summary affirmance, as Vanegas-Martinez’s 

argument was foreclosed by our circuit precedent at the time. See United States 

v. Gonzalez-Longoria, 831 F.3d 670, 673 (5th Cir. 2016), cert. granted, 

judgment vacated, 138 S. Ct. 2668 (2018); see also United States v. GonzalezLongoria, 894 F.3d 1274 (5th Cir. 2018) (en banc) (dismissing appeal in part 

and remanding for correction of judgment). Vanegas-Martinez petitioned the 

U.S. Supreme Court for certiorari. After deciding in Sessions v. Dimaya, 138 

S. Ct. 1204 (2018), that § 16(b)’s definition of “crime of violence” was 

unconstitutionally vague, the Supreme Court remanded for further 

consideration of Vanegas-Martinez’s case in light of Dimaya. We requested 

supplemental briefing from the parties.

Both Vanegas-Martinez and the Government agree that his conviction 

under 8 U.S.C. § 1326(b)(2) cannot be sustained in light of Dimaya. Both 

parties also agree that Vanegas-Martinez’s conviction is proper under 8 U.S.C. 

§ 1326(b)(1)—which requires only prior conviction of a “felony”—and so ask us 

to remand to the district court in order to correct the judgment to that effect.

We agree that remand is appropriate to clarify that Vanegas-Martinez was 

properly convicted under 8 U.S.C. § 1326(b)(1), not (b)(2). See, e.g., United 

States v. Ovalle-Garcia, 868 F.3d 313, 314 (5th Cir. 2017).

Accordingly, we REMAND to the district court for entry of a revised 

judgment consistent herewith.

 Case: 16-40976 Document: 00514664584 Page: 2 Date Filed: 10/02/2018
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5187 Referred in Senate (RFS)]

109th CONGRESS
  2d Session
                                H. R. 5187

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 26, 2006

                                Received

               August 4 (legislative day, August 3), 2006

  Read twice and referred to the Committee on Environment and Public 
                                 Works

_______________________________________________________________________

                                 AN ACT

 
    To amend the John F. Kennedy Center Act to authorize additional 
 appropriations for the John F. Kennedy Center for the Performing Arts 
                         for fiscal year 2007.

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

SECTION 1. JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS.

    (a) Maintenance, Repair, and Security.--Section 13(a) of the John 
F. Kennedy Center Act (20 U.S.C. 76r(a)) is amended--
            (1) in paragraph (1) by striking ``and'' at the end;
            (2) in paragraph (2) by striking ``, 2006, and 2007.'' and 
        inserting ``and 2006; and''; and
            (3) by adding at the end the following:
            ``(3) $19,100,000 for fiscal year 2007.''.
    (b) Capital Projects.--Section 13(b) of such Act (20 U.S.C. 76r(b)) 
is amended--
            (1) in paragraph (1) by striking ``and'' at the end;
            (2) in paragraph (2) by striking ``, 2006, and 2007.'' and 
        inserting ``and 2006; and''; and
            (3) by adding at the end the following:
            ``(3) $20,000,000 for fiscal year 2007.''.

            Passed the House of Representatives July 25, 2006.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```
STATE of North Carolina v. Jeff David STEEN

No. 141A19

Supreme Court of North Carolina.

June 11, 2019

Amanda S. Zimmer, Assistant Appellate Defender, for Steen, Jeff David.

Mary Carla Babb, Assistant Attorney General, Brandy Cook, District Attorney, for State of North Carolina.

Glenn Gerding, Appellate Defender *21***ORDER***

Upon consideration of the petition for discretionary review, filed by Defendant on the 23rd of April 2019 in this matter pursuant to G.S. 7A-31 and the Appellate Rule 16(b) as to issues in addition to those presented as the basis for the dissenting opinion in the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the petition for discretionary review as to additional issues is

"Allowed by order of the Court in conference, this the 11th of June 2019."

Accordingly, the new brief of the Defendant shall be filed with this Court not more than 30 days from the date of certification of this order.

Davis, J. recused
STATE v. Brittany Sue Opal BRYANT

111P19-1

Supreme Court of North Carolina.

May 9, 2019

Anton M. Lebedev, Attorney at Law, for Bryant, Brittany Sue Opal.

Adam Everett, Assistant District Attorney.

Hon. Paul C. Ridgeway, Resident Superior Court Judge.

Hon. Louis Meyer.

Joseph L. Hyde, Assistant Attorney General, N. Lorrin Freeman, District Attorney, for State of North Carolina *101The following order has been entered on the motion filed on the 27th of March 2019 by Defendant to Proceed In Forma Pauperis:

"Motion Allowed by order of the Court in conference, this the 9th of May 2019."
#### In the Matter of the Claim of Holly Jeffery, Appellant. Commissioner of Labor, Respondent.

[717 NYS2d 797]

Appeal *686from a decision of the Unemployment Insurance Appeal Board, filed September 16, 1999, which, *inter alia,*ruled that claimant was ineligible to receive unemployment insurance benefits because she was not totally unemployed.

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant was not totally unemployed during the periods in question and made willful false statements to obtain benefits *(see, Matter of Petvai [Commissioner of Labor],*275 AD2d 821). On claimant’s applications for unemployment insurance benefits, she failed to indicate that she was president and 50% shareholder of a corporation engaged in the advertising business. Claimant was also a signatory on the corporate checking account and admitted to handling the operations of the business. Notwithstanding claimant’s minimal activities in the corporation, she nevertheless earned compensation from the business. Under these circumstances, we find no reason to disturb the Board’s finding that claimant was not totally unemployed *(see, id.; Matter of Baumbach [Commissioner of Labor],*250 AD2d 918). Furthermore, inasmuch as claimant failed to disclose her status as a corporate officer when certifying for benefits, substantial evidence supports the Board’s further finding that claimant made willful false statements to obtain benefits *(see, Matter of Santo [Commissioner of Labor],*274 AD2d 816).

Mercure, J. P., Crew III, Peters, Spain and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.
No. 09-10120, No. 09A953 (R46-014).

#### Don W. Davis v. Ray Hobbs, Interim Director, Arkansas Department of Corrections, et al.; and Don W. Davis v. Ray Hobbs, Interim Director, Arkansas Department of Corrections, et al.

559 U.S. 1118, 130 S. Ct. 2432,

176 L. Ed. 2d 945,

2010 U.S. LEXIS 3873.

May 6, 2010.

The petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit and the application for stay of execution of sentence of death in the above-entitled case were dismissed today pursuant to this Court’s Rule 46.

Same case below, 594 F.3d 592 (No. 09-10120).
No. 09-8883.

#### A. Waheed Chaudry, Petitioner v. Whispering Ridge Homeowners Association.

559 U.S. 1050, 130 S. Ct. 2345,

2010 U.S. LEXIS 3082.

176 L. Ed. 2d 565,

April 5, 2010.

Petition for writ of certio-rari to the Court of Appeal of California, Fourth Appellate District, Division One, denied.
# C_2017329EN.01000101.xml

| 30.9.2017 | EN | Official Journal of the European Union | C 329/1 |
| --- | --- | --- | --- |

30.9.2017

EN

Official Journal of the European Union

C 329/1

---

Non-opposition to a notified concentration

(Case M.8625 — DENSO/Fujitsu Ten)

(Text with EEA relevance)

(2017/C 329/01)

On 22 September 2017, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

1

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32017M8625. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32017M8625. EUR-Lex is the online access to European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

1

---
I 

109TH CONGRESS 

2D SESSION H. R. 4911 

To temporarily extend the programs under the Higher Education Act of 

1965, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 9, 2006 

Mr. MCKEON (for himself, Mr. TIBERI, Mr. KELLER, Mr. GEORGE MILLER

of California, Mr. KILDEE, and Mr. HINOJOSA) introduced the following 

bill; which was referred to the Committee on Education and the Workforce 

A BILL 

To temporarily extend the programs under the Higher 

Education Act of 1965, 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Higher Education Ex5 tension Act of 2006’’. 

6 SEC. 2. EXTENSION OF PROGRAMS. 

7 Section 2(a) of the Higher Education Extension Act 

8 of 2005 (Public Law 109–81; 20 U.S.C. 1001 note) is 


cprice-sewell on PROD1PC66 with BILLS
2 

•HR 4911 IH 

1 amended by striking ‘‘March 31, 2006’’ and inserting 

2 ‘‘June 30, 2006’’. 

3 SEC. 3. RULE OF CONSTRUCTION. 

4 Nothing in this Act, or in the Higher Education Ex5 tension Act of 2005 as amended by this Act, shall be con6 strued to limit or otherwise alter the authorizations of ap7 propriations for, or the durations of, programs contained 

8 in the amendments made by the Higher Education Rec9 onciliation Act of 2005 (Public Law 109–171) to the pro10 visions of the Higher Education Act of 1965 and the Tax11 payer-Teacher Protection Act of 2004. 

Æ 


cprice-sewell on PROD1PC66 with BILLS
```

[Federal Register Volume 77, Number 106 (Friday, June 1, 2012)]
[Notices]
[Page 32496]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13472]

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

BROADCASTING BOARD OF GOVERNORS

Government in the Sunshine Act Meeting Notice

DATE AND TIME: Thursday, June 7, 2012, 10:00 a.m. EDT.

PLACE: Radio Free Europe/Radio Liberty, Vinohradska 159A, 100 00 Prague 
10, Czech Republic.

SUBJECT: Notice of Meeting of the Broadcasting Board of Governors.

SUMMARY: The Broadcasting Board of Governors (BBG) will be meeting at 
the time and location listed above. At the meeting, the BBG will 
consider a resolution to honor S. Enders Wimbush for his service on the 
Board, and a resolution regarding limiting spending on travel and 
conferences. The BBG will recognize the anniversaries of Agency 
language services, receive a budget update, and receive reports from 
the International Broadcasting Bureau Director, the Communications and 
External Affairs Director, the VOA Director, the Office of Cuba 
Broadcasting Director, and the Presidents of Radio Free Europe/Radio 
Liberty (RFE/RL), Radio Free Asia, and the Middle East Broadcasting 
Networks.
    The public may attend this meeting in person at RFE/RL headquarters 
in Prague as seating capacity allows. Member of the public seeking to 
attend the meeting in person must register at http://bbgboardmeetingjune2012.eventbrite.com by 10 a.m. (EDT) on June 6. For 
more information, please contact BBG Public Affairs at (202) 203-4400 
or by email at pubaff@bbg.gov. This meeting will also be available for 
public observation via streamed Webcast, both live and on-demand, on 
the BBG's public Web site at www.bbg.gov.

CONTACT PERSON FOR MORE INFORMATION: Persons interested in obtaining 
more information should contact Paul Kollmer-Dorsey at (202) 203-4545.

Paul Kollmer-Dorsey,
Deputy General Counsel.
[FR Doc. 2012-13472 Filed 5-30-12; 4:15 pm]
BILLING CODE 8610-01-P
```
No. 09-9518.

#### Trevor Miller, Petitioner v. United States.

559 U.S. 1079, 130 S. Ct. 2117,

176 L. Ed. 2d 742,

2010 U.S. LEXIS 3402.

April 19, 2010.

Petition for writ of cer-tiorari to the United States Court of Appeals for the Eleventh Circuit denied.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Agriculture

###### Forest Service

# AGENCY:

Forest Service, USDA.

# ACTION:

Notice of meeting.

# SUMMARY:

The Ravalli County Resource Advisory Committee will be having the routine monthly meeting with project presentations and hold a short public forum (question and answer session). The meeting is being held pursuant to the authorities in the Federal Advisory Committee Act (Pub. L. 110-343) and under the Secure Rural Schools and Community Self-Determination Act of 2000 (Pub. L. 110-343). The meeting is open to the public.

# DATES:

The meeting will be held on March 24, 2009, 6:30 p.m.

# ADDRESSES:

                        The meeting will be held at the Bitterroot National Forest Supervisor Office, 1801 N. First, Hamilton, Montana. Send written comments to Daniel Ritter, District Ranger, Stevensville Ranger District, 88 Main Street, Stevensville, MT 59870, by facsimile (406) 777-7423, or electronically to                         *dritter@fs.fed.us.*

# FOR FURTHER INFORMATION CONTACT:

Daniel Ritter, Stevensville District Ranger and Designated Federal Officer, Phone: (406) 777-5461.

Dated: February 27, 2009.

Julie K. King,

Deputy Forest Supervisor.

 [FR Doc. E9-4727 Filed 3-5-09; 8:45 am]

BILLING CODE 3410-11-M
No. 09-9474.

#### Michael David Garrison, Petitioner v. Jan Trombley, Warden.

560 U.S. 908, 130 S. Ct. 3280,

176 L. Ed. 2d 1189,

2010 U.S. LEXIS 4011.

May 17, 2010.

Petition for writ of cer-tiorari to the United States Court of Appeals for the Sixth Circuit denied.
[Federal Register Volume 74, Number 44 (Monday, March 9, 2009)]
[Notices]
[Pages 10125-10126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4954]


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

DEPARTMENT OF TRANSPORTATION

Saint Lawrence Seaway Development Corporation


Advisory Board; Notice of Meeting

    Pursuant to Section 10(a)(2) of the Federal Advisory Committee Act 
(Pub. L. 92-463; 5 U.S.C. App. I), notice is hereby given of a meeting 
of the Advisory Board of the Saint Lawrence Seaway Development 
Corporation (SLSDC), to be held from 2 p.m. to 3:30 p.m. (EDT) on 
Thursday, April 23, 2009, via conference call at the Corporation's 
Administration Headquarters, Suite W32-300, 1200 New Jersey Avenue, 
SE., Washington, DC. The agenda for this meeting will be as follows: 
Opening Remarks; Consideration of Minutes of Past Meeting; Quarterly 
Report; Old and New Business; Closing Discussion; Adjournment.
    Attendance at the meeting is open to the interested public but 
limited to the

[[Page 10126]]

space available. With the approval of the Administrator, members of the 
public may present oral statements at the meeting. Persons wishing 
further information should contact, not later than Friday, April 17, 
2009, Anita K. Blackman, Chief of Staff, Saint Lawrence Seaway 
Development Corporation, 1200 New Jersey Avenue, SE., Washington, DC 
20590; 202-366-0091.
    Any member of the public may present a written statement to the 
Advisory Board at any time.

    Issued at Washington, DC, on March 2, 2009.
Collister Johnson, Jr.,
Administrator.
 [FR Doc. E9-4954 Filed 3-6-09; 8:45 am]
BILLING CODE 4910-61-P
No. 09-669.

#### Anthony DiPlacido, Petitioner v. Commodity Futures Trading Commission.

559 U.S. 1025, 130 S. Ct. 1883,

176 L. Ed. 2d 399,

2010 U.S. LEXIS 2461.

March 22, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

Justice Sotomayor took no part in the consideration or decision of this petition.

Same case below, 364 Fed. Appx. 657.
EXHIBIT 32.2
NOVELLUS SYSTEMS, INC.
CERTIFICATION
In connection with the Annual Report of Novellus Systems, Inc. (the “Company”) on Form 10-K for the period ended December 31, 2003 as filed with theSecurities and Exchange Commission (the “Report”), I, Kevin S. Royal, Vice President and Chief Financial Officer of the Company, hereby certify as of the date hereof, solely for purposes of Title 18, Chapter 63, Section 1350 of theUnited States Code, that to the best of my knowledge:     (1) the Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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 at the dates and for the periods indicated.   Dated: March 14, 2005 By: /s/ Kevin S. Royal        Kevin S. Royal Vice President and Chief Financial Officer
**EXHIBIT
      32.2**











**Certification
      of Chief Financial Officer of ULURU INC.**


**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 ULURU INC. (the “Company”) on Form
      10-QSB for the period ended September 30, 2006, as filed with the Securities
      and
      Exchange Commission and to which this Certification is an exhibit (the
“Report”), the undersigned officer of ULURU INC. does hereby certify, pursuant
      to Section 1350 of Chapter 63 of Title 18 of the United States Code
      (18 U.S.C. 1350), that to 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 results of operations of the Company.





A
      signed
      original of this written statement required by Section 906 or other document
      authenticating, acknowledging or otherwise adopting the signature that appears
      in typed form within the electronic version 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.











Date:
                November 20, 2006
            
            /s/
                Terrance K. WallbergTerrance
                K. WallbergVice
                President and Chief Financial Officer