alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent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 22, 2003

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-40296

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MARCOS ANTUNES-ORTIZ,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of TExas

USDC No. L-02-CR-1111-ALL

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

Before KING, Chief Judge, and JOLLY and STEWART, Circuit Judges.

PER CURIAM:*

 Marcos Antunes-Ortiz appeals the sentence imposed following

his guilty plea conviction of being found in the United States

after deportation/removal in violation of 8 U.S.C. § 1326. 

Antunes-Ortiz complains that his sentence was improperly enhanced

pursuant to 8 U.S.C. § 1326(b) based on a prior conviction. 

Antunes-Ortiz contends 8 U.S.C. § 1326(b) is unconstitutional. 

Antunes-Ortiz thus contends that his sentence should not exceed
No. 03-40296

-2-

the maximum terms of imprisonment and supervised release

prescribed in 8 U.S.C. § 1326(a). 

In Almendarez-Torres v. United States, 523 U.S. 224, 235

(1998), the Supreme Court held that the enhanced penalties in

8 U.S.C. § 1326(b) are sentencing provisions, not elements of

separate offenses. The Court further held that the sentencing

provisions do not violate the Due Process Clause. Id. at 239-47. 

Antunes-Ortiz acknowledges that his argument is foreclosed by

Almendarez-Torres, but asserts that the decision has been cast

into doubt by Apprendi v. New Jersey, 530 U.S. 466, 490 (2000). 

He seeks to preserve his argument for further review. 

Apprendi did not overrule Almendarez-Torres. See Apprendi,

530 U.S. at 489-90; United States v. Dabeit, 231 F.3d 979, 984

(5th Cir. 2000). This court must follow Almendarez-Torres

“unless and until the Supreme Court itself determines to overrule

it.” Dabeit, 231 F.3d at 984 (internal quotation marks and

citation omitted). The judgment of the district court is

AFFIRMED.

The Government has moved for a summary affirmance in lieu of

filing an appellee’s brief. In its motion, the Government asks

that an appellee’s brief not be required. The motion is GRANTED. 

AFFIRMED; MOTION GRANTED.
STATE of Louisiana v. David BROWN

NO. 2018-KK-0175

Supreme Court of Louisiana.

March 23, 2018

Denied.

WEIMER, J., recused.
**Exhibit 21.1****Subsidiaries of the Registrant**   **Subsidiary** **State or Other Jurisdiction of Domicile**   brokersXpress Illinois, Inc. Illinois   brokersXpress, LLC Illinois   optionsXpress, Inc. Delaware   optionsXpress Australia Pty Limited Australia   optionsXpress Canada Corp. Nova Scotia   optionsXpress Europe, B.V. The Netherlands   optionsXpress Europe, LLC Delaware   optionsXpress International, Inc. Delaware   optionsXpress Singapore, LLC Delaware   optionsXpress Singapore Pte Ltd. Singapore   OX Australia, LLC Delaware   OX Singapore, LLC Delaware   Xpresstrade, L.L.C. Illinois
ZUCKERT SCOUTT £r RASENBERGER, LL.P 

A I !1>KN! \ > M ! \ U 

888 Seventeenth Street, NVY Washington, DC 20006-5509 

Telephone [202] 298-8660 Fax [202) 542-0685 

wwwzsrlawcom 

DAVID M. ENDERSBEE DIRECT DIAL (202) 973-7935 

dmendersbee@zsrlaw.com 

March 24, 2010 

BY HAND 3 

Rudy Spruill ' -, 

Office of Information Services :. 

U.S. Department of Transportation ; ;r;' 

1200 New Jersey Avenue, S.W. Epj 

Washington, D.C. 20590 •' 

CD 

Re: Application of Alitalia - Compagnia Aerea Italiana S.p. A. 

(Docket OST-2002-12896) 

Dear Mr. Spruill: 

On March 19, 2010, Alitalia - Compagnia Aerea Italiana S.p.A. ("Alitalia") filed an 

Application for an Amended Statement of Authorization in the above-referenced docket. 

Alitalia has completed polling and no carrier has objected to the grant of its 

application. We respectfully request that the Department proceed to grant this application as 

soon as possible. 

David M. Endersbee 

cc: service list
<TABLE> <S> <C>


<ARTICLE>                     5

<MULTIPLIER>                  1
<CURRENCY>                    U. S. Dollars
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>               DEC-31-1998
<PERIOD-START>                  JAN-01-1998
<PERIOD-END>                    MAR-31-1998
<EXCHANGE-RATE>                            1
<CASH>                               134,445
<SECURITIES>                               0
<RECEIVABLES>                      1,966,192
<ALLOWANCES>                           5,074
<INVENTORY>                        4,466,325
<CURRENT-ASSETS>                   6,652,630
<PP&E>                             6,297,777
<DEPRECIATION>                     1,310,625
<TOTAL-ASSETS>                    11,664,175
<CURRENT-LIABILITIES>              4,877,707
<BONDS>                            2,005,280
<PREFERRED-MANDATORY>                 28,330
<PREFERRED>                                0
<COMMON>                                   0
<OTHER-SE>                         3,057,124
<TOTAL-LIABILITY-AND-EQUITY>      11,664,175
<SALES>                            4,402,960
<TOTAL-REVENUES>                   4,443,183
<CGS>                              3,572,075
<TOTAL-COSTS>                      4,118,171
<OTHER-EXPENSES>                      55,371
<LOSS-PROVISION>                           0
<INTEREST-EXPENSE>                    54,911
<INCOME-PRETAX>                      269,641
<INCOME-TAX>                          94,365
<INCOME-CONTINUING>                  175,276
<DISCONTINUED>                             0
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<CHANGES>                                  0
<NET-INCOME>                         175,276
<EPS-PRIMARY>                          0.062
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</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM MEDICAL
DISCOVERIES, INC. SEPTEMBER 30, 1997 FINANCIAL STATMENTS AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                          45,840
<SECURITIES>                                         0
<RECEIVABLES>                                   42,696
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               103,482
<PP&E>                                          95,862
<DEPRECIATION>                                  28,449
<TOTAL-ASSETS>                                 173,115
<CURRENT-LIABILITIES>                          924,320
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     6,319,233
<OTHER-SE>                                 (7,387,138)
<TOTAL-LIABILITY-AND-EQUITY>                   173,115
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                  378,369
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              42,005
<INCOME-PRETAX>                              (420,374)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (420,374)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (420,374)
<EPS-PRIMARY>                                   (0.02)
<EPS-DILUTED>                                   (0.02)
        


</TABLE>
B.A., a juvenile, Appellant, v. The STATE of Florida, Appellee.

No. 3D17-1456

District Court of Appeal of Florida, Third District.

Opinion filed January 17, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
James M. CLARK, Appellant, v. STATE of Florida, Appellee.

No. 1D16-4773

District Court of Appeal of Florida, First District.

January 10, 2018 Rehearing Denied March 1, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Exhibit
32.1





CERTIFICATION
PURSUANT TO


18
U.S.C. SECTION 1350


AS
ADDED BY


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





In
connection with the Quarterly Report on Form 10-Q of QNB Corp. (the Company) for
the period ended June 30,
2010, as filed with the Securities and Exchange Commission (the Report), I,
Thomas J. Bisko, President and CEO of the Company, certify, pursuant to 18
U.S.C. §1350, as added by § 906 of the Sarbanes-Oxley Act of 2002, that this
periodic report fully complies with the requirements of Section 13(a) or 15(d)
of the Securities Exchange Act of 1934 and that information contained in this
report fairly presents, in all material respects, the financial condition and
results of operations of the issuer.





Date:
                August 16, 2010
                
                By:
                /s/ Thomas J. BiskoThomas
      J. BiskoPresident
      and CEO
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 the Treasury

###### Internal Revenue Service

# AGENCY:

Internal Revenue Service (IRS) Treasury.

# ACTION:

Notice of meeting.

# SUMMARY:

An open meeting of the Taxpayer Advocacy Panel's Toll-Free Phone Line Project Committee will be conducted. The Taxpayer Advocacy Panel is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service.

# DATES:

The meeting will be held Thursday, February 15, 2018 and Friday, February 16, 2018.

# FOR FURTHER INFORMATION CONTACT:

Rosalind Matherne at 1-888-912-1227 or 202-317-4115.

# SUPPLEMENTARY INFORMATION:

                    Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that an open meeting of the Taxpayer Advocacy Panel Toll-Free Phone Line Project Committee will be held Thursday, February 15, 2018, from 8:00 a.m. to 5:00 p.m. Eastern Time and Friday, February 16, 2018, from 8:00 a.m. until 12:00 p.m. Eastern Time at the IRS Office, Jacksonville, Florida. The public is invited to make oral comments or submit written statements for consideration. Due to limited time and structure of meeting, notification of intent to participate must be made with Rosalind Matherne. For more information please contact Rosalind Matherne at 1-888-912-1227 or 202-317-4115, or write TAP Office, 1111 Constitution Ave. NW, Room 1509, Washington, DC 20224 or contact us at the website:                     *http://www.improveirs.org.*                     The agenda will include various IRS issues.                

Dated: January 10, 2018.

Antoinette Ross,

Acting Director, Taxpayer Advocacy Panel.

[FR Doc. 2018-00729 Filed 1-17-18; 8:45 am]

BILLING CODE 4830-01-P
August 30, 2012

JUDGMENT

The Fourteenth Court of Appeals

MICHAEL WOYCHESIN, Appellant

NO. 14-11-00304-CV V.

HARRIS COUNTY SHERIFF'S CIVIL SERVICE COMMISSION, Appellee

____________________

This cause, an appeal from the judgment in favor of appellee, Harris County 

Sheriff’s Civil Service Commission, signed March 8, 2011, was heard on the transcript of 

the record. We have inspected the record and find no error in the judgment. We order the 

judgment of the court below AFFIRMED.

We order appellant, Michael Woychesin, to pay all costs incurred in this appeal. 

We further order this decision certified below for observance.
#### Ronald E. BROWN, Sr., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

No. 04-5081.

United States Court of Appeals, Federal Circuit.

May 6, 2004.

ORDER

Order Vacating, See 2004 WL 1303368.

The appellant having failed to pay the docketing fee required by Federal Circuit Rule 52(a)(1) within the time permitted by the rules, it is

ORDERED that the notice of appeal be, and the same hereby is, DISMISSED, for failure to prosecute in accordance with the rules.
#### UNITED STATES of America, Plaintiff—Appellee, v. John NORIEGO, aka John Charles Noriega, Defendant—Appellant.

No. 03-10472.

D.C. No. CR-02-01399-RCC.

United States Court of Appeals, Ninth Circuit.

Submitted May 10, 2004.*

Decided May 18, 2004.

Beverly K. Anderson, Nathan D. Leonardo, USTU — Office of the U.S. Attorney, Evo A. DeConcini U.S. Courthouse, Tucson, AZ, for Plaintiff-Appellee.

Roger Weissman, Mesa, AZ, for Defendant-Appellant.

Before CANBY, KOZINSKI, and PAEZ, Circuit Judges.

*

This panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

*182MEMORANDUM**

John Charles Noriego appeals from his sentence imposed following his guilty plea conviction for assaulting or intimidating federal officers in the course of their duties, in violation of 18 U.S.C. § 111(a)(1) and (b), and depredation to property of the United States, in violation of 18 U.S.C. § 1361. Noriego contends that the district court erred by failing to depart downward for aberrant behavior under U.S.S.G. § 5K2.20.

We lack jurisdiction to review a district court’s discretionary decision to deny a motion for downward departure from the applicable guideline range. *See United States v. Morales,*898 F.2d 99, 102-103 (9th Cir.1990). The decision is reviewable only if the district court indicated that it did not have the legal authority to depart. *See United States v. Berger,*103 F.3d 67, 70 (9th Cir.1996) (stating that the district court’s decision to deny a downward departure is considered discretionary unless the district court indicates that it believes it can not depart as a matter of law). The record before us does not contain any indication that the district court believed it could not depart as a matter of law. *Id.*We conclude from this record that the district court understood its authority to depart and exercised its discretion in denying the downward departure. *See United States v. Rivera-Sanchez,*222 F.3d 1057, 1064-1065 (9th Cir.2000).

DISMISSED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Travis L. MORGAN, a/k/a Travis Lee Morgan, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D17-0140

District Court of Appeal of Florida, Second District.

September 1, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
EXHIBIT 32.1SECTION 1350 CERTIFICATIONS*I, Thomas M. Von Lehman, certify, pursuant to Section 1350 of Chapter 63 of Title 18 of theUnited States Code, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that,to the best of my knowledge, the Quarterly Report of R. G. Barry Corporation on Form 10-Q forthe quarterly period ended April 1, 2006 (the “Quarterly Report”) fully complies with therequirements of Section 13(a) of the Securities Exchange Act of 1934 and that informationcontained in such Quarterly Report fairly presents, in all material respects, the financialcondition and results of operations of R. G. Barry Corporation.        Date: May 10, 2006 By:  /s/ Thomas M. Von Lehman      *    Thomas M. Von Lehman,    Title:  Chief Executive Officer
Auberino L. WILSON, Appellant, v. STATE of Florida, Appellee.

No. 4D17-848

District Court of Appeal of Florida, Fourth District.

[February 15, 2018]

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
[Federal Register Volume 83, Number 6 (Tuesday, January 9, 2018)]
[Notices]
[Page 1045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00163]


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

NATIONAL SCIENCE FOUNDATION


Notice of Permits Issued Under the Antarctic Conservation Act of 
1978

AGENCY: National Science Foundation.

ACTION: Notice of permit issued.

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

SUMMARY: The National Science Foundation (NSF) is required to publish 
notice of permits issued under the Antarctic Conservation Act of 1978. 
This is the required notice.

FOR FURTHER INFORMATION CONTACT: Nature McGinn, ACA Permit Officer, 
Office of Polar Programs, National Science Foundation, 2415 Eisenhower 
Avenue, Alexandria, VA 22314; 703-292-8030; email: <a href="/cdn-cgi/l/email-protection#410002003124332c283532012f32276f262e37"><span class="__cf_email__" data-cfemail="8bcac8cafbeef9e6e2fff8cbe5f8eda5ece4fd">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: On December 4, 2017, the National Science 
Foundation published a notice in the Federal Register of a permit 
application received. The permit was issued on January 3, 2018 to:

Permit No. 2018-028

1. Alexander Simms

Nadene G. Kennedy,
Polar Coordination Specialist, Office of Polar Programs.
[FR Doc. 2018-00163 Filed 1-8-18; 8:45 am]
 BILLING CODE 7555-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
Connie JONES-GERALD, Appellant, v. STATE of Florida, Appellee.

No. 4D16-4244

District Court of Appeal of Florida, Fourth District.

January 25, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Arvin PELTZ, Appellant, v. TRUST HOSPITALITY, LLC, etc., et al., Appellees.

No. 3D16-2136

District Court of Appeal of Florida, Third District.

Opinion filed February 7, 2018.

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 958 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
H. RES. 958

 Recognizing the 202d anniversary of the adoption of the Great Seal of 
                         the State of Missouri.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 11, 2024

 Mr. Alford submitted the following resolution; which was referred to 
             the Committee on Oversight and Accountability

_______________________________________________________________________

                               RESOLUTION

 
 Recognizing the 202d anniversary of the adoption of the Great Seal of 
                         the State of Missouri.

Whereas, on January 11, 1822, the General Assembly of the State of Missouri 
        adopted an Act providing for the Great Seal of the State of Missouri;
Whereas this Act established a symbol of the State of Missouri for the people of 
        Missouri;
Whereas the two bears symbolize the strength of the State and the bravery of its 
        people;
Whereas the Seal declares ``United We Stand, Divided We Fall'';
Whereas the scroll on the Seal contains the State's motto, ``Salus Populi 
        Suprema Lex Esto'', which means ``Let the welfare of the people be the 
        supreme law''; and
Whereas this symbol encompasses those characteristics which make the State of 
        Missouri and its people unique: Now, therefore, be it
    Resolved, That the House of Representatives recognizes the 202d 
anniversary of the adoption of the Great Seal of the State of Missouri.
                                 <all>
```
Maltide JEAN-LOUIS, Appellant, v. The BANK OF NEW YORK MELLON f/k/a Bank of New York as Trustee for the Benefit of the Certificateholders of CWALT, Inc. Alternative Loan Trust 205-33CB Mortgage Pass-Through Certificates, Series 2005-33CB, Silfa Jean-Louis, Leonade Jean-Louis and Tatyana Jean-Louis, Appellees.

No. 4D17-2137

District Court of Appeal of Florida, Fourth District.

[April 4, 2018]

Philippe Symonovicz, Fort Lauderdale, for appellant.

Dariel Abrahamy of Greenspoon Marder, P.A., Boca Raton, for Appellee Bank of New York Mellon.

Per Curiam.

*857*Affirmed. See* *Applegate v. Barnett Bank of Tallahassee,* 377 So.2d 1150 (Fla. 1979).

Gross, Taylor and Kuntz, JJ., concur.
Document

CENTERPOINT ENERGY, INC
CHANGE IN CONTROL PLAN
(As Amended and Restated Effective May 1, 2017)


Second Amendment


CenterPoint Energy, Inc., a Texas corporation, having established the CenterPoint Energy, Inc. Change in Control Plan, as amended and restated effective May 1, 2017, (the “Plan”), and having reserved the right under Section 7.06 thereof to amend the Plan, does hereby amend the Plan, effective January 1, 2022, as follows:


1.The first sentence of Section 3.01(c) is hereby amended to read as follows: 


            A lump sum cash payment in an amount equal to (1) the Target Bonus in effect at the time of the Participant’s Covered Termination based on the Participant’s compensation under the STI Plan as of the date of the Participant’s Covered Termination multiplied by (2) a fraction, the numerator of which is the number of days that the Participant was employed during the performance year through the date of Participant’s Covered Termination, and the denominator of which is the total number of days in the performance year; provided, however, that such payment shall be reduced by any amount payable under the terms of the STI Plan for the performance year in which the Participant’s Covered Termination occurred.  




IN WITNESS WHEREOF, CenterPoint Energy, Inc. has caused these presents to be executed by its duly authorized officer in a number of copies, all of which shall constitute one and the same instrument, which may be sufficiently evidenced by any executed copy hereof, on this 17th day of December, 2021, and effective as of the date specified above.


CENTERPOINT ENERGY, INC.




By /s/ David J. Lesar                              
David J. Lesar
President and Chief Executive Officer
ATTEST:


/s/ Vincent A. Mercaldi            
Vincent A. Mercaldi
Assistant Corporate Secretary
Dean Staubin MILLER, Appellant, v. STATE of Florida, Appellee.

No. 4D16-4289

District Court of Appeal of Florida, Fourth District.

[December 21, 2017]

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.