alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-50688 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus FERNANDO ALVAREZ-BENITEZ, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. EP-01-CR-2209-ALL

-------------------- December 12, 2002 Before JOLLY, JONES, and CLEMENT, Circuit Judges. PER CURIAM: * Fernando Alvarez-Benitez appeals the sentence imposed following his guilty plea conviction of being found in the UnitedStates after removal in violation of 8 U.S.C. § 1326. AlvarezBenitez complains that his sentence was improperly enhanced pursuant to 8 U.S.C. § 1326(b)(2) based on his prior removal following an aggravated felony conviction. Alvarez-Benitez argues that the sentencing provision is unconstitutional because it permitted the sentencing judge to find, under a preponderance of the evidence standard, a fact which increased the statutoryNo. 02-50688 -2- maximum sentence to which he otherwise would have been exposed. Alvarez-Benitez thus contends that his sentence is invalid and argues that it should not exceed the two-year maximum term of imprisonment 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. Alvarez-Benitez 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.
Louis S. ROBERTS, III, in his official capacity as Sheriff of Jackson County, Florida, Appellant, v. Miles David WHIDDON, Appellee.

No. 1D18-2536

District Court of Appeal of Florida, First District.

July 25, 2018

Matthew J. Carson, Glenn W. Rininger III and Jason Vail of Jolly, Peterson & Truckenbrod, P.A., Tallahassee, for Appellant.

Will Haselden of William M. Haselden, PA, Tallahassee, for Appellee.

Per Curiam.

*298DISMISSED . *Florida Highway Patrol v. Jackson,*238 So.3d 430 (Fla. 1st DCA 2018).

Wolf, Lewis, and Ray, JJ., concur.
## Breadcrumb

-  Publications 
-  Reports 

#           Podiform chromite deposits--database and grade and tonnage models      

      August 17, 2012    

View Document

Chromite ((Mg, Fe++)(Cr, Al, Fe+++)2O4) is the only source for the metallic element chromium, which is used in the metallurgical, chemical, and refractory industries. Podiform chromite deposits are small magmatic chromite bodies formed in the ultramafic section of an ophiolite complex in the oceanic crust. These deposits have been found in midoceanic ridge, off-ridge, and suprasubduction tectonic settings. Most podiform chromite deposits are found in dunite or peridotite near the contact of the cumulate and tectonite zones in ophiolites. We have identified 1,124 individual podiform chromite deposits, based on a 100-meter spatial rule, and have compiled them in a database. Of these, 619 deposits have been used to create three new grade and tonnage models for podiform chromite deposits. The major podiform chromite model has a median tonnage of 11,000 metric tons and a mean grade of 45 percent Cr2O3. The minor podiform chromite model has a median tonnage of 100 metric tons and a mean grade of 43 percent Cr2O3. The banded podiform chromite model has a median tonnage of 650 metric tons and a mean grade of 42 percent Cr2O3. Observed frequency distributions are also given for grades of rhodium, iridium, ruthenium, palladium, and platinum. In resource assessment applications, both major and minor podiform chromite models may be used for any ophiolite complex regardless of its tectonic setting or ophiolite zone. Expected sizes of undiscovered podiform chromite deposits, with respect to degree of deformation or ore-forming process, may determine which model is appropriate. The banded podiform chromite model may be applicable for ophiolites in both suprasubduction and midoceanic ridge settings.

## Citation Information

## Related Content

## Related Content

### Contact

####               Geology, Minerals, Energy, and Geophysics Science Center          

Building 19, 350 N. Akron Rd.P.O. Box 158Moffett Field, CA94035United States

### Explore Search

                  - Information Systems
                  - Methods and Analyses
                  - Science Technology
                  - United States

View All **
[Federal Register Volume 62, Number 53 (Wednesday, March 19, 1997)]
[Corrections]
[Page 13213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X97-30319]


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

FARM CREDIT ADMINISTRATION

12 CFR Parts 611 and 615

RIN 3052-AB61


Organization and Functions; Privacy Act Regulations; 
Organization; Loan Policies and Operations; Funding and Fiscal Affairs, 
Loan Policies and Operations, and Funding Operations; General 
Provisions; Definitions

Correction

    In rule document 96-32309 beginning on page 67181 in the issue of 
Friday, December 20, 1996, make the following corrections:


Sec. 611.1135  [Corrected]

    1. On page 67185, in the third column, in Sec. 611.1135(b)(1), in 
the second line, ``organizating'' should read ``organizing''.


Sec. 615.5280  [Corrected]

    2. On page 67187, in the third column, in Sec. 615.5280(a), in the 
fourth line, after ``land'' insert ``bank''.
    3. On the same page, in the same column, in the same section, in 
the fifth line, ``agriculture'' should read ``agricultural''.
BILLING CODE 1505-01-D
```
[Federal Register Volume 61, Number 5 (Monday, January 8, 1996)]
[Corrections]
[Page 575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X96-10108]

Federal Register / Vol. 61, No. 5 / day, January 8, 1995 / 
Corrections

[[Page 575]]

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-36566; File No. SR-Amex-95-46]

Self-Regulatory Organizations; Notice of Filing of Proposed Rule 
Change by the American Stock Exchange, Inc. Relating to the Exchange's 
Arbitration Rules

Correction

    In notice document 95-30492 beginning on page 64191 in the issue of 
Thursday, December 14, 1995, make the following correction:
    On page 64192, in the first column, the signature was inadvertently 
omitted before the FR Doc. line. It should read as follows:
Margaret H. McFarland,
Deputy Secretary.

BILLING CODE 1505-01-D
```
NOTE: This disposition is nonprecedential.

 

United States Court of Appeals 

for the Federal Circuit ______________________ 

KONINKLIJKE PHILIPS N.V.,

Appellant

v.

MICROSOFT CORPORATION, MICROSOFT 

MOBILE INC., HTC CORPORATION, HTC 

AMERICA, INC.,

Appellees

UNITED STATES,

Intervenor

______________________ 

2019-1178

______________________ 

Appeal from the United States Patent and Trademark 

Office, Patent Trial and Appeal Board in No. IPR2017-

00890.

______________________ 

JUDGMENT

______________________ 

JUSTIN J. OLIVER, Venable LLP, Washington, DC, argued for appellant. Also represented by DANIEL S. GLUECK. 

 CHRISTINA JORDAN MCCULLOUGH, Perkins Coie, LLP, 

Seattle, WA, argued for all appellees. Appellees Microsoft 
Corporation, Microsoft Mobile Inc. also represented by 

CHAD S. CAMPBELL, Phoenix, AZ.

 RYAN J. MCBRAYER, Perkins Coie, LLP, Seattle, WA, 

for appellees HTC Corporation, HTC America, Inc.

 DANA KAERSVANG, Appellate Staff, Civil Division, Department of Justice, Washington, DC, argued for intervenor. Also represented by DENNIS FAN, SCOTT R. MCINTOSH, 

JOSEPH H. HUNT, MELISSA N. PATTERSON; THOMAS W.

KRAUSE, JOSEPH MATAL, FARHEENA YASMEEN RASHEED, Office of the Solicitor, United States Patent and Trademark 

Office, Alexandria, VA. 

 ______________________ 

THIS CAUSE having been heard and considered, it is 

ORDERED and ADJUDGED: 

 PER CURIAM (NEWMAN, LOURIE, and REYNA, Circuit 

Judges).

AFFIRMED. See Fed. Cir. R. 36.

 

 ENTERED BY ORDER OF THE COURT 

 

December 26, 2019 /s/ Peter R. Marksteiner

 Date Peter R. Marksteiner

Clerk of Court
Dieros R. NIMMONS, Appellant, v. STATE of Florida, Appellee.

No. 1D17-2397

District Court of Appeal of Florida, First District.

June 27, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Alis E. ORELLANA, Appellant, v. WOOLEMS, INC., Amerisure Insurance, Patrick Carney, 1695 Now, LLC, Claremont Financial Services, and Travelers, Appellees.

No. 1D17-2758

District Court of Appeal of Florida, First District.

May 2, 2018 Rehearing Denied July 9, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
29670 Federal Register / Vol. 60, No. 107 / Monday, June 5, 1995 / Notices

[FR Doc. 95–13602 Filed 6–2–95; 8:45 am]

BILLING CODE 4210–27–C
Exhibit 32.1  CERTIFICATION OF CHIEF EXECUTIVE OFFICER

               PURSUANT TO 18 U.S.C. SS. 1350 ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

         In connection with the quarterly Report of United EcoEnergy Corp.
(the "Company") on Form 10-Q for the period ended June 30, 2006 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, William K. Mackey, 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:

(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 result of operations of the Company.

/s/ William K. Mackey
---------------------------
William K. Mackey
Chief Executive Officer
August 11, 2006
Russel LAZEGA, Appellant(s)/Petitioner(s), v. FLORIDA FAMILY INSURANCE COMPANY, Appellee(s)/Respondent(s),

CASE NO.: 3D17-2593

District Court of Appeal of Florida, Third District.

JANUARY 30, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4985 Referred in Senate (RFS)]

<DOC>
114th CONGRESS
  2d Session
                                H. R. 4985

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 11, 2016

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT

 
   To amend the Foreign Narcotics Kingpin Designation Act to protect 
          classified information in Federal court challenges.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Kingpin Designation Improvement Act 
of 2016''.

SEC. 2. PROTECTION OF CLASSIFIED INFORMATION IN FEDERAL COURT 
              CHALLENGES RELATING TO DESIGNATIONS UNDER THE NARCOTICS 
              KINGPIN DESIGNATION ACT.

    Section 804 of the Foreign Narcotics Kingpin Designation Act (21 
U.S.C. 1903) is amended by adding at the end the following:
    ``(i) Protection of Classified Information in Federal Court 
Challenges Relating to Designations.--In any judicial review of a 
determination made under this section, if the determination was based 
on classified information (as defined in section 1(a) of the Classified 
Information Procedures Act) such information may be submitted to the 
reviewing court ex parte and in camera. This subsection does not confer 
or imply any right to judicial review.''.

            Passed the House of Representatives May 10, 2016.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

JORGE CABRERA-URTUSUASTEGUI,

 Defendant - Appellant.

No. 09-10223

D.C. No. 4:07-cr-01349-CKJ

MEMORANDUM*

Appeal from the United States District Court

for the District of Arizona

Cindy K. Jorgenson, District Judge, Presiding

Submitted August 23, 2010** 

Before: LEAVY, HAWKINS, and THOMAS, Circuit Judges. 

Jorge Cabrera-Urtusuastegui appeals from the 90-month sentence imposed

following his guilty-plea conviction for conspiracy to possess with intent to

distribute approximately 119.5 kilograms of cocaine, in violation of 21 U.S.C. 

§§ 841(a)(1) and (b)(1)(A)(ii)(II) and 846. Pursuant to Anders v. California,

FILED

SEP 07 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 09-10223

386 U.S. 738 (1967), Cabrera-Urtusuastegui’s counsel has filed a brief stating

there are no grounds for relief, along with a motion to withdraw as counsel of

record. We have provided the appellant with the opportunity to file a pro se

supplemental brief. No pro se supplemental brief or answering brief has been

filed.

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S.

75, 80-81 (1988), discloses no arguable grounds for relief on direct appeal. We

dismiss in light of the valid appeal waiver. See United States v. Nguyen, 235 F.3d

1179, 1182 (9th Cir. 2000).

Counsel’s motion to withdraw is GRANTED.

DISMISSED.
[Federal Register Volume 60, Number 74 (Tuesday, April 18, 1995)]
[Notices]
[Page 19412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X95-30418]



-----------------------------------------------------------------------
[Federal Register Volume 60, Number 58 (Monday, March 27, 1995)]
[Corrections]
[Page 15822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X95-30327]



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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration
[Docket No. 94E-0235]


Determination of Regulatory Review Period for Purposes of Patent 
Extension; Semprex<SUP>TM-D Capsules

Correction

    In notice document 94-23276 appearing on page 48440 in the issue of 
Wednesday, September 21, 1994, make the following correction:
    On page 48440, in the third column, in the second paragraph, in the 
eighth line, ``March 20, 1994,'' should read ``March 20, 1995,''.

BILLING CODE 1505-01-D
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 13**  **- 6994** 

AL

- TARIK SUMNER , Petitioner

- Appellant ,
v. HAROLD W. CLARK, Director, Virginia Department of Corrections , Respondent

- Appellee
.

Appeal from the United States District Court for the Eastern District of Virginia , at Norfolk
. Arenda Wright Allen , District Judge. ( 2:13

- cv - 00165

- AWA

- TEM )

Submitted : September 26 , 2013 Decided: September 30, 2013

Before SHEDD, DUNCAN, and WYNN , Circuit Judges.

Dismissed by un published per curiam opinion
.
Al

- tarik Sumner, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Al

- tarik Sumner seeks to appeal the district court ’ s order dismissing his 28 U.S.C. § 2254 (2006) petition without prejudice to his right to proceed in the Virginia state courts
. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1) (A) (2006) . A certifi cate of appealability will not issue absent “ a substantial showing of the denial of a constitutional right. ” 28 U.S.C. § 2253(c)(2) (2006)
. When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel , 529 U.S . 473, 484 (2000); see Miller

- El v. Cockrell , 537 U.S. 322, 336

- 38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the petition states a debatable claim of the denial of a constitutional right. Slack , 529 U.S. at 484

- 85. We have independently reviewed the record and conclude that Sumner has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss t he appeal. We dispense with oral argument because the facts and legal3 contentions are adequately presented in the materials before th is court and argument would not aid the decisional process.
DISMISSE D
[Federal Register Volume 61, Number 50 (Wednesday, March 13, 1996)]
[Corrections]
[Page 10430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X96-30313]



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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. 27474; Amendment No. 1-44, 91-249, 121-254, 125-25 and 135-
61]
RIN 2120-AF12


Extended Overwater Operations with a Single Long-Range 
Communication System (LRCS) and a Single Long-Range Navigation System 
(LRNS)

Correction

    In rule document 96-4263, beginning on page 7186 in the issue of 
February 26, 1996, make the following correction:


Sec. 91.511  [Corrected]

    On page 7190, in the third column, in amendatory instruction 4 to 
Sec. 91.511, in the first line, ``Sec. 91.11'' should read 
``Sec. 91.511''.

BILLING CODE 1505-01-D
## Breadcrumb

-  Publications 
-  Articles 

#           Skeletal variation and taxonomic boundaries among mainland and island populations of the common treeshrew (Mammalia: Scandentia: Tupaiidae)      

      September 26, 2016    

Treeshrews (order Scandentia) include 23 currently recognized species of small-bodied mammals from South and Southeast Asia. The taxonomy of the common treeshrew, Tupaia glis, which inhabits the Malay Peninsula south of the Isthmus of Kra, as well as a variety of offshore islands, has an extremely complicated history resulting from its wide distribution and subtly variable pelage. In our ongoing investigation of species boundaries in Tupaia, we compared island and mainland populations of T. glis using multivariate analyses. Specifically, we compared the skull and hand morphology of 13 island populations, most of which have been recognized as separate species or subspecies, to that of the mainland population. Island populations generally average smaller body size than those on the mainland, but none of the island populations are sufficiently distinct from the mainland population to warrant species recognition. This has important conservation implications for this widespread and morphologically variable species. It also highlights the potential role that ecogeographic explanations can play in understanding intraspecific variation, a role that should be considered in taxonomic studies and investigated further in T. glis and other treeshrews.

## Citation Information

## Related Content

                  -              Connect           

#### Neal Woodman, Ph.D.

##### Research Zoologist

Eastern Ecological Science Center

nwoodman@usgs.gov

202-633-1278

## Related Content

#### Neal Woodman, Ph.D.

##### Research Zoologist

Eastern Ecological Science Center

nwoodman@usgs.gov

202-633-1278

### Study Area

### Contact

####               Eastern Ecological Science Center at the Leetown Research Laboratory          

11649 Leetown RoadKearneysville, WV25430United States

### Explore Search

                  - Malaysia
                  -  Sumatra
                  - Malay Peninsula

View All **
## Breadcrumb

-  Publications 
-  Reports 

#           Regional hydrology and simulation of deep ground-water flow in the Southeastern Coastal Plain aquifer system in Mississippi, Alabama, Georgia, and South Carolina      

      January 1, 1994    

View Document

View Plate

View Plate

View Plate

View Plate

View Plate

View Plate

View Plate

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The Southeastern Coastal Plain aquifer system is a coastward-sloping, wedge-shaped sand and gravel reservoir exposed in outcrop to a humid climate and drained by an extensive surface-water network. Ground-water pumpage has increased to about 765 cubic feet per second since 1900, causing water-level declines of more than 150 feet in places, while base flow to major streams has decreased about 350 cubic feet per second. The water-level declines and adjustments in recharge and discharge are not expected to seriously restrict future ground-water development.

## Citation Information

### Study Area

### Contact

####             Water Resources Mission Area - Headquarters        

USGS Headquarters12201 Sunrise Valley DriveReston, VA20192United States

### Explore Search

                  - United States
                  - Alabama
                  -  Florida
                  -  Georgia
                  -  Mississippi
                  -  South Carolina

View All **
## Breadcrumb

-  Publications 
-  Articles 

#           Origin of the Sudbury Complex by meteoritic impact: Neodymium isotopic evidence      

      January 1, 1985    

Samarium-neodymium isotopic data on whole rocks and minerals of the Sudbury Complex in Canada gave an igneous crystallization age of 1840 ?? 21 ?? 106 years. The initial epsilon neodymium values for 15 whole rocks are similar to those for average upper continental crust, falling on the crustal trend of neodymium isotopic evolution as defined by shales. The rare earth element concentration patterns of Sudbury rocks are also similar to upper crustal averages. These data suggest that the Sudbury Complex formed from melts generated in the upper crust and are consistent with a meteoritic impact.

## Citation Information
Exhibit 32.2

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 Annual Report of Alaska Communications Systems Group, Inc. (the Company) on Form 10-K/A for the period ending December 31, 2010 (the Report), I, Wayne
Graham, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, created by §. 906 of the Sarbanes-Oxley Act of 2002, that:

(1) The Report fully complies with the requirements of section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and

(2) The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.



|                         |  |  |  |  |  |                                           |  | 
|------------------------ |  |  |  |  |  | ----------------------------------------- |  | 
|Date: September 14, 2012 |  |  |  |  |  | /s/ Wayne Graham                          |  | 
|                         |  |  |  |  |  | Wayne Graham                              |  | 
|                         |  |  |  |  |  | Chief Financial Officer                   |  | 
|                         |  |  |  |  |  | Alaska Communications Systems Group, Inc. |  |