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

No. 19

- 51148 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v. TOMAS VARGAS

- TORRES , Defendant

- Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 3:19

- CR

- 2677

- 1

Before SMITH , DENNIS, and DUNCAN, Circuit Judges. PER CURIAM: * Tomas Vargas

- Torres appeals the 30

- month , within

- guidelines prison term imposed following his guilty plea conviction for ill egally reentering the United States after removal. Vargas

- Torres argues that u nder the principles articulated in Apprendi v. New Jersey , 530 U.S. 466 (2000), and Alleyne v. United States , 570 U.S. 99 (2013), 8 U .S.C. § 1326(b) is unconstitutional because it permits a sentence above the statutory maximum in § 1326(a) based

* 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 R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR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. United States Court of Appeals Fifth Circuit 

### FILED July 13, 2020 Lyle W. Cayce Clerk Case: 19-51148 Document: 00515486899 Page: 1 Date Filed: 07/13/2020No. 19

- 51148

2 on the fact of a prior felony conviction not alleged in the indictment nor found by a jury beyond a reasonable doubt. The Government has filed an unopposed motion for summary affirmance and, alternatively, seeks an extension of time to file its brief. As the Government argues and as Vargas

- Torres concedes, this issue is 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. Pineda

- Arrellano , 492 F.3d 624, 625

- 26 (5th Cir. 2007). Because the issue is foreclosed, summary affirmance is appropriate. See Groendyke Transp., I nc. v. Davis , 406 F.2d 1158, 1162 (5th Cir. 1969). Accordingly, the Government’s motion for summary affirmance is GRANTED, and the judgment is AFFIRMED. The Government’s alternative motion for an extension of time to file its brief is DENIED. Case: 19-51148 Document: 00515486899 Page: 2 Date Filed: 07/13/2020
[Federal Register Volume 74, Number 65 (Tuesday, April 7, 2009)]
[Notices]
[Page 15749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7706]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[AK-963-1410-FQ; F-14223]


Notice of Correction to Public Land Order Number 7692

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of correction.

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

SUMMARY: On March 25, 2008, the Bureau of Land Management published a 
PLO in the Federal Register [73 FR 15733] concerning the Partial 
Revocation of Public Land Order Number 5150.
    ``Settlement Act, 43 U.S.C. 1631(h)(4) and * * *'' correct to read 
``* * * Settlement Act 43 U.S.C. 1613(h)(4) and * * *''

FOR FURTHER INFORMATION CONTACT: Renee Fencl at (907) 271-5067.

    Dated: March 23, 2009.
Ramona Chinn,
Deputy State Director, Alaska Lands.
 [FR Doc. E9-7706 Filed 4-6-09; 8:45 am]
BILLING CODE 4310-JA-P
Exhibit 32.1

Certification of Chief Executive Officer of  Advance America, Cash Advance Centers, Inc.  Pursuant to 18 U.S.C. Section 1350  (Adopted by Section 906 of the
Sarbanes-Oxley Act of 2002)

In connection with the Annual Report on Form 10-K of Advance America, Cash Advance Centers, Inc. (the
"Company") for the year ended December 31, 2008, as filed with the Securities and Exchange Commission (the "Report"), I, Kenneth E. Compton, President and Chief Executive Officer, certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



/s/ KENNETH E. COMPTON Kenneth E. Compton President and Chief Executive OfficerMarch 3, 2009


---



QuickLinks
Lacy E. LEWIS, Appellant, v. STATE of Florida, Appellee.

No. 1D16-5663

District Court of Appeal of Florida, First District.

January 10, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 97-2443

___________ David M. Pelton, * * Plaintiff-Appellant, * *
v. * * Kansas City Board of Police * Commissioners, * * Plaintiff-Appellee, * Appeal from the United States * District Court for the Mark Colley, Kansas City Police * Western District of Missouri. Officer, * [UNPUBLISHED] * Defendant, * * James F. Ralls, Jr., Commissioner; Jack * W.R. Vice-President, Commissioner; * Dona Boley, Commissioner; Dr. Daniels * Stacey, Commissioner; Mayor Emanuel * Cleaver, Commissioner, * * Defendants-Appellees. *

___________ Submitted: November 13, 1997 Filed: November 18, 1997

___________ Before FAGG, BOWMAN, and MURPHY, Circuit Judges.

___________The Honorable Fernando J. Gaitan, Jr., United States District Judge for th e 1 Western District of Missouri.
-2- PER CURIAM.
David M. Pelton fi led this 42 U.S.C. § 1983 complaint against the Kansas City Boardof Police Commissioners and its members (collectively, “the Board”), as well as Kansas City Police Offic er Mark Colley. The Board separately answered and later moved for summar

y judgment, which the district court granted. The court noted that 1 the resol ution of the Board & s motion “in no way affects [Pelton & s] case agains t [Colley].” Pelton appeals the grant of summary judgment to the Board.

Because the district court has not disposed of Pelton & s claim against Colley and didnot di rect the entry of a final judgment for the Board or state its order should b e immediately appealable, we lack jurisdiction over t his appeal. See 28 U.S.C. §§ 1291, 1292(b); Fed. R. Civ. P. 54(b).
Accordingly, we dismiss this appeal for lack of jurisdiction.
A true copy.

Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
October 21, 2010

Hello Ms. Boyd, attached is our submission for the ICR dated May 27, 2010. The air testing was performed on our 

delacquering kiln baghouse S002. 

We have three baghouses that provided HAP metals testing samples of which two are lime injected. The lime 

injected baghouses are associated with the delacquering process (S002) and the melting process (S006). They each 

have their own silo for lime, but the lime is supplied by the same company. Baghouse dust is collected in a 

common bin, but we segregated the dust before co-mingling to provide samples specific to each baghouse. 

The third baghouse is associated with our shredding process (S001). It is not a lime injected baghouse; its dust is 

collected in a separate bin.

I hope this narrative is helpful, please let me know if there is any further information need.

Don Forchette

Environmental Engineer

Golden Aluminum, Inc.

ph# 303-654-8366

cell# 303-718-8184
|                               | Winland      Electronics, Inc. |                                         |
|------------------------------------|--------------------------------|----------------------------------------------|
|                               |                           |                                         |   |
| Date:       November 12, 2008 | By:                            | /s/ Glenn      A. Kermes                |   |
|                               |                           | Glenn      A. Kermes     |   |
|                               |                           | Chief      Financial Officer                 |   |
|                               |                           |                                         |   |
William ISAACS, Petitioner, v. UPMAN'S WRECKER SERVICE, INC., Respondent.

Case No. 2D17-1709

District Court of Appeal of Florida, Second District.

Opinion filed November 22, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Denied.
Travis MCCLAIN, Appellant, v. STATE of Florida, Appellee.

No. 1D16-2754

District Court of Appeal of Florida, First District.

February 5, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
# Diario Oficial C 38I/2021

| | ISSN 1977-0928 |
| --- | --- |
| Diario Oficial
  de la Unión Europea | C 038I |
| | |
| Edición en lengua española | Comunicaciones e informaciones | 64.° año3 de febrero de 2021 |

ISSN 1977-0928

Diario Oficial

de la Unión Europea

C 038I

Edición en lengua española

Comunicaciones e informaciones

64.° año3 de febrero de 2021

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| Sumario | Página |
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| | V   Anuncios |
| | PROCEDIMIENTOS ADMINISTRATIVOS |
| | Consejo |
| 2021/C 38 I/01 | Anuncio de anulación | 1 |

Sumario

Página

V   Anuncios

PROCEDIMIENTOS ADMINISTRATIVOS

Consejo

2021/C 38 I/01

Anuncio de anulación

1

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ES

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V Anuncios

PROCEDIMIENTOS ADMINISTRATIVOS

Consejo

| 3.2.2021 | ES | Diario Oficial de la Unión Europea | CI 38/1 |
| --- | --- | --- | --- |

3.2.2021

ES

Diario Oficial de la Unión Europea

CI 38/1

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ANUNCIO DE ANULACIÓN

(2021/C 38 I/01)

La publicación en el Diario Oficial de la Unión Europea (1) del anuncio de vacante CONS/AD/167/21 se cancela.

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(1)  DO C 29 A de 26.1.2021, p. 1.

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**EXHIBIT
      32.1**





**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 Quarterly Report of Synthetech, Inc. (the "Company") on
      Form
      10-Q for the quarter ended September 30, 2006 as filed with the Securities
      and
      Exchange Commission on the date hereof (the "Form 10-Q"), I, Daniel T. Fagan,
      Chief Executive 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
                Form 10-Q fully complies with the requirements of Section 13(a) or
                15(d)
                of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d));
                and





2.
            The
                information contained in the Form 10-Q fairly presents, in all material
                respects, the financial condition and results of operations of the
                Company.








/s/
      Daniel T. Fagan


Daniel
      T.
      Fagan


Chairman
      & Chief Executive Officer


November
      13, 2006
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-12-00368-CR

Eric Gerard Holmes Jr.

v.

The State of Texas

§

§ 

§ 

§ 

§

From Criminal District Court No. 3

of Tarrant County (1085679D) 

March 27, 2014

Opinion by Justice Gardner 

(nfp)

JUDGMENT

This court has considered the record on appeal in this case and holds that 

there was no error in the trial court’s judgment. It is ordered that the judgment of 

the trial court is affirmed. 

SECOND DISTRICT COURT OF APPEALS 

By /s/ Anne Gardner

 Justice Anne Gardner
IV 

118TH CONGRESS 

1ST SESSION H. RES. 391 

Expressing support for the designation of May 2023 as ‘‘Arthritis Awareness 

Month’’. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 11, 2023 

Mrs. DINGELL submitted the following resolution; which was referred to the 

Committee on Energy and Commerce 

RESOLUTION 

Expressing support for the designation of May 2023 as 

‘‘Arthritis Awareness Month’’. 

Whereas arthritis includes more than 100 rheumatic diseases 

and conditions that affect joints, tissues that surround 

joints, and other connective tissue; 

Whereas arthritis is a chronic health problem that is the Nation’s leading cause of physical disability in the United 

States and is most common among people with multiple 

chronic conditions; 

Whereas arthritis causes pain and loss of movement, can 

limit everyday activities such as walking and dressing, 

and can even lead to death; 

Whereas arthritis affects nearly 60,000,000 adults in the 

United States living with some form of doctor-diagnosed 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HRES 391 IH 

arthritis, representing 24.1 percent of adults in the 

United States; 

Whereas an estimated 300,000 children under 18 years of 

age have a form of arthritis or rheumatic conditions, representing approximately 1 in every 250 children in the 

United States; 

Whereas arthritis costs the United States economy more than 

$304,000,000,000 each year, $140,000,000,000 in direct 

medical care costs, and $164,000,000,000 in lost wages; 

Whereas 25,700,000 individuals in the United States have 

some activity limitations due to their arthritis, and of 

people with arthritis, 1 in 4 has a work limitation; and 

Whereas 1 out of every 3 United States veterans lives with 

arthritis because it is the top cause of disability among 

veterans, and research supporting better prevention strategies, interventions, and treatments is crucial to reducing 

the number of and veterans suffering from arthritis: 

Now, therefore, be it 

1 Resolved, That the House of Representatives— 

2 (1) recognizes ‘‘Arthritis Awareness Month’’; 

3 (2) understands the extent of, and sympathizes 

4 with, the severity of the impact of arthritis on the 

5 Nation; 

6 (3) recognizes the efforts of the Arthritis Foun7 dation to improve access to care; and 

8 (4) recognizes the Arthritis Foundation’s 75th 

9 anniversary. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
## COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02

- 12

- 00368

- CR

Eric Gerard Holmes Jr.

v.

The State of Texas §

§

§

§

§ From Criminal District Court No. 3

of Tarrant County ( 1085679D )

March 27, 2014

Opinion by Justice Gardner

(nfp)



### JUDGMENT

This court has considered the record on appeal in this case and holds that

there was no error in the trial court’s j udgment. It is ordered that the judgment of

the trial court is affirmed.

SECOND DISTRICT COURT OF APPEALS

By /s/ Anne Gardner

Justice Anne Gardner
<PAGE>
                                                                      Exhibit 31

                          RULE 13A-14(A) CERTIFICATION
                       AS ADOPTED PURSUANT TO SECTION 302
                        OF THE SARBANES-OXLEY ACT OF 2002

I, Judy M. Robinett, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of Medical Discoveries,
Inc.;

2. Based on my knowledge, this report does not contain any untrue statement of a
material fact or omit to state a material fact necessary to make the statements
made, in light of the circumstances under which such statements were made, not
misleading with respect to the period covered by this report;

3. Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the registrant as
of, and for, the periods presented in this report;

4. I am responsible for establishing and maintaining disclosure controls and
procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the
registrant and I have:

      a) designed such disclosure controls and procedures to ensure that
material information relating to the registrant, including its consolidated
subsidiaries, is made known to me by others within those entities, particularly
during the period in which this quarterly report is being prepared;

      b) evaluated the effectiveness of the registrant's disclosure controls and
procedures and presented in this report my conclusions about the effectiveness
of the disclosure controls and procedures as of the end of the period covered by
this report based on such evaluation; and

      c) disclosed in this report any change in the registrant's internal
control over financial reporting that occurred during the registrant's most
recent fiscal quarter (the registrant's fourth fiscal quarter in the case of an
annual report) that has materially affected, or is reasonably likely to
materially affect, the registrant's internal control over financial reporting;
and

5. I have disclosed, based on my most recent evaluation of internal control over
financial reporting, to the registrant's auditors and the audit committee of
registrant's board of directors (or persons performing the equivalent
functions):

      a) all significant deficiencies in the design or operation of internal
controls over financial reporting which are reasonably likely to adversely
affect the registrant's ability to record, process, summarize and report
financial information; and

      b) any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal controls over
financial reporting.

Date: November 15, 2004
                                    /S/ JUDY M. ROBINETT
                                    -------------------------------------------
                                    Judy M. Robinett
                                    President, Chief Executive Officer and
                                      principal financial officer


                                       16
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.                  

###### Commodity Futures Trading Commission

                    The Commodity Futures Trading Commission has determined to renew the charter of the Commission's Agricultural Advisory Committee for a further period of two years. The Commission certifies that the renewal of the advisory committee is in the public interest in connection with duties imposed on the Commission by the Commodity Exchange Act, 7 U.S.C. 1,                     *et seq*.                

The objectives and scope of activities of the Agricultural Advisory Committee are to conduct public meetings and submit reports and recommendations on issues affecting agricultural producers, processors, lenders and others interested in or affected by agricultural commodities markets, and to facilitate communications between the Commission and the diverse agricultural and agriculture-related organizations represented on the Committee. The Committee's membership represents a cross-section of interested and affected groups including representatives of producers, processors, lenders and other interested agricultural groups.

                    Interested persons may obtain information or make comments by                           ( print page 14533)                        writing to the Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581.                

Issued in Washington, DC on March 24, 2009, by the Commission.

David A. Stawick,

Secretary of the Commission.

 [FR Doc. E9-7063 Filed 3-30-09; 8:45 am]

BILLING CODE 4915-01-P
EXHIBIT 31.1RULE 13a-14(a) / 15d-14(a) CERTIFICATIONI, Thomas M. Von Lehman, certify that1. I have reviewed this Quarterly Report on Form 10-Q of R. G. Barry Corporation for thequarterly period ended October 1, 2005; 2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; 3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport; 4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have: a) Designed such disclosure controls and procedures, or caused such disclosure controlsand procedures to be designed under our supervision, to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which this report is beingprepared;  b) [Reserved]  c) Evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controlsand procedures, as of the end of the period covered by this report based upon suchevaluation; and  d) Disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter that hasmaterially affected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performing the equivalentfunctions): a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe registrant’s ability to record, process, summarize and report financial information;and  b) Any fraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financial reporting.        November 9, 2005 /s/ Thomas M. Von Lehman  Date Printed  Name: Thomas M. Von Lehman   Title: President and Chief Executive Officer(Principal Executive Officer)
J.C., Appellant, v. STATE of Florida, Appellee.

Case No. 2D16-807

District Court of Appeal of Florida, Second District.

Opinion filed October 6, 2017.

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.