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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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

## FILED December 5, 2003 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 02-41705 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus ISRAEL PINEDA-CORTES, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. L-02-CR-1010-ALL

-------------------- Before JONES, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM: * Israel Pineda-Cortes appeals his guilty-plea conviction and sentence for illegal entry after deportation. Pineda argues that a driving-while-intoxicated (DWI) sentence should not have been assigned two criminal-history points because the sentence was imposed more than 10 years prior to the commencement of the instant offense. He also argues that an evading-arrest sentence should not have been assigned any criminal-history points becauseNo. 02-41705 -2- evading arrest is similar to the offense of resisting arrest. Pineda’s DWI sentence should not have been considered in calculating his criminal-history score because it occurred more than 10 years before the instant offense. U.S.S.G. § 4A1.1; see also U.S.S.G. § 4A1.2(e)(2) and (3). Under U.S.S.G. § 4A1.2(c) and United States v. Moore , 997 F.2d 30, 33 (5th Cir. 1993), Pineda’s evading-arrest sentence arguably also should not have been counted for purposes of his criminal-history score. However, because the district court could, on remand, impose the same 21-month sentence, Pineda fails to demonstrate that his substantial rights were affected by the district court’s error in calculating his criminal-history category. See United States v. Leonard , 157 F.3d 343, 346 (5th Cir. 1998). Consequently, despite Pineda’s argument to the contrary, he fails to satisfy the plain-error standard of review. Id. Pineda contends that the sentence-enhancing provisions contained in 18 U.S.C. § 1326(b)(1) and (b)(2) are unconstitutional on their face and as applied in light of Apprendi v. New Jersey , 530 U.S. 466 (2000). Pineda concedes that his challenge to the constitutionality of 8 U.S.C. § 1326(b)(1) and (b)(2) is foreclosed by Almendarez-Torres v. United States , 523 U.S. 224 (1998), but he seeks to preserve the issue for Supreme Court 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 courtNo. 02-41705 -3- must follow the precedent set in 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 district court’s judgment is AFFIRMED.
**CONSENT
      OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**











We
      consent to the incorporation by reference in Registration Statements on Form
      S-3
      (No. 333-109451), Form S-3, as amended (No. 333-127462), Form S-8, as amended
      (No. 333-129164) and Form S-3, as amended (No. 333-131191) of New Dragon Asia
      Corp. of our report dated March 15, 2006 relating to our audits of the
      consolidated financial statements, which appear in this Annual Report on Form
      10-K of New Dragon Asia Corp. for the year ended December 25, 2005.








/s/
      Grobstein, Horwath & Company LLP


Sherman
      Oaks, California


March
      23,
      2006
[Federal Register Volume 60, Number 74 (Tuesday, April 18, 1995)]
[Corrections]
[Page 19464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X95-80418]



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

DEPARTMENT OF LABOR

Office of the Secretary


Delinquent Filer Voluntary Compliance Program

Correction

    In notice document 95-7742 beginning on page 16505 in the issue of 
Thursday, March 30, 1995, make the following correction:
    On page 16505, in the second column, under A. Justification, in the 
3rd full paragraph, in the 19th line, ``$40'' should read ``$50''.

BILLING CODE 1505-01-D
[Federal Register Volume 62, Number 216 (Friday, November 7, 1997)]
[Rules and Regulations]
[Page 60161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X97-11107]


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

FEDERAL DEPOSIT INSURANCE CORPORATION

12 CFR Part 325


Capital Maintenance

CFR Correction

    In Title 12 of the Code of Federal Regulations, parts 300 to 499, 
revised as of Jan. 1, 1997, page 174, Part 325, Appendix A, section II. 
C is corrected by adding paragraphs 1 through 4 after the first 
paragraph under Category 3 as follows:

Appendix A to Part 325--Statement of Policy on Risk-Based Capital

* * * * *
    II. * * *
    C. * * *
    Category 3-50 Percent Risk Weight. * * *
    (1) The purchaser is an individual(s) who intends to occupy the 
residence and is not a partnership, joint venture, trust, corporation, 
or any other entity (including an entity acting as a sole 
proprietorship) that is purchasing one or more of the homes for 
speculative purposes;
    (2) The builder must incur at least the first ten percent of the 
direct costs (i.e., actual costs of the land, labor, and material) 
before any drawdown is made under the construction loan and the 
construction loan may not exceed 80 percent of the sales price of the 
presold home;
    (3) The purchaser has made a substantial ``earnest money deposit'' 
of no less than three percent of the sales price of the home and the 
deposit must be subject to forfeiture if the purchaser terminates the 
sales contract; and
    (4) The earnest money deposit must be held in escrow by the bank 
financing the builder or by an independent party in a fiduciary 
capacity and the escrow agreement must provide that, in the event of 
default arising from the cancellation of the sales contract by the 
buyer, the escrow funds must first be used to defray any costs incurred 
by the bank.
 * * * * * 

BILLING CODE 1505-01-D
pre-obtained consent. 

The equivalent level of safety will be achieved given the size, 

weight, speed of the UAS as well as location where it is 

operated. No flight will be taken without the permission of the 

property owner. Because of the advance notice to the 

property owner and participants in the photographic activity, 

all affected individuals will be aware of the planned flight 

operations as set forth in the Operating Manual. Compared 

to flight operations with aircraft or rotorcraft weighing far 

more than the maximum 5 lbs. proposed herein and the lack 

of flammable fuel, any risk associated with these operations 

is far less than those presently presented with conventional 

aircraft operating at or below 500 ft. AGL. In addition, the 

low-altitude operations of the sUAS will ensure separation 

between these small UAS operations and the operations of 

conventional aircraft that must comply with Section 91.119.

14 CFR §91.121: Altimeter Settings 

This regulation requires each person operating an aircraft to 

maintain cruising altitude by reference to an altimeter that is 

set “...to the elevation of the departure airport or an 

appropriate altimeter setting available before departure.” As 

the sUAS will not have a barometric altimeter, but instead a

GPS altitude read out, an exemption may be needed. An 

equivalent level of safety will be achieved by the operator, 

pursuant to the Operating Manual and Safety Check list, 

confirming the altitude of the launch site shown on the GPS 

altitude indicator before flight. 

14 CFR §91.151 (a): Fuel Requirements for 

Flight in VFR Conditions 

Section 91.151 (a) prohibits an individual from beginning “a 

flight in an airplane under VFR conditions unless 

(considering wind and forecast weather conditions) there is 

enough fuel to fly to the first point of intended landing, and, 

assuming normal cruising speed – (1) During the day, to fly 

after that for at least 30 minutes; or (2) At night, to fly after 

that for at least 45 minutes.”
## Breadcrumb

-  Publications 
-  Articles 

#           Understanding the role of initial soil moisture and precipitation magnitude in flood forecast using a hydrometeorological modelling system      

      September 27, 2022    

We adapted the WRF-Hydro modelling system to Hurricane Florence (2018) and performed a series of diagnostic experiments to assess the influence of initial soil moisture and precipitation magnitude on flood simulation over the Cape Fear River basin in the United States. Model results suggest that: (1) The modulation effect of initial soil moisture on the flood peak is non-linear and weakens as precipitation magnitude increases. There is a threshold value of the soil saturation, below and above which the sensitivity of flood peak to the soil moisture differentiates substantially; (2) For model spin-up, streamflow needs longer time to reach the ‘practical’ equilibrium (10%) than the soil moisture and latent heat flux. The model uncertainty from spin-up can propagate through the hydrometeorological modelling chain and get amplified into the flood peak; (3) For ensemble flood modelling with a hydrometeorological system, modelling uncertainty is dominated by the precipitation forecast. Spin-up induced uncertainty can be minimized once the model reaches the ‘practical’ equilibrium.

## Citation Information

## Related Content

                  -              Connect           

#### John Warner, PhD

##### Oceanographer

Woods Hole Coastal and Marine Science Center

jcwarner@usgs.gov

508-457-2237

## Related Content

#### John Warner, PhD

##### Oceanographer

Woods Hole Coastal and Marine Science Center

jcwarner@usgs.gov

508-457-2237

### Study Area

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#### Woods Hole Coastal and Marine Science Center

384 Woods Hole Rd.Woods Hole, MA02543United States

508-548-8700

508-457-2310

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This section of the FEDERAL REGISTER

contains editorial corrections of previously

published Presidential, Rule, Proposed Rule,

and Notice documents. These corrections are

prepared by the Office of the Federal

Register. Agency prepared corrections are

issued as signed documents and appear in

the appropriate document categories

elsewhere in the issue.

Corrections Federal Register

48529

Vol. 61, No. 179

Friday, September 13, 1996

COMMITTEE FOR THE

IMPLEMENTATION OF TEXTILE

AGREEMENTS

Amendment of Export Visa

Requirements for Certain Man-Made

Fiber Textile Products Produced or

Manufactured in Pakistan

May 17, 1996.

Correction

In notice document 96–13045

appearing on page 25847 in the issue of

Thursday, May 23, 1996, make the

following correction:

On the same page, in the second

column, in footnote 3 the first line

should read ‘‘3 Category 666-O: all HTS

numbers except’’.

BILLING CODE 1505–01–D

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

[Docket No. TM97-1-88-000]

Black Marlin Pipeline Company; Notice

of Proposed Changes in FERC Gas

Tariff

Correction

In notice document 96–22871

appearing on page 47508 in the issue of

Monday, September 9, 1996, the docket

number was omitted and should read as

set forth above.

BILLING CODE 1505–01–D

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

[Docket No. ER96–2141–000

Preferred Energy Services, Inc.; Notice

of Issuance of Order

Correction

In notice document 96–21385

appearing on page 43352 in the issue of

Thursday, August 22, 1996, make the

following correction:

On page 43352, in the first column,

after the subject heading ‘‘August 15,

1996’’ should read ‘‘August 16, 1996’’.

BILLING CODE 1505–01–D

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 101

[Docket No. 91N-100H]

RIN 0910-AA19

Food Labeling: Health Claims and

Label Statements; Folate and Neural

Tube Defects

Correction

In the correction to rule document

96–5013 published on page 43119 in the

issue of Tuesday, August 20, 1996, the

correction should have read as follows:

§ 101.79 [Corrected]

On page 8780, in the first column, in

§ 101.79(b)(3), in the fifth line, ‘‘(≤0.4

mg)’’ should read ‘‘(≥0.4 mg)’’.

BILLING CODE 1505–01–D

LEGAL SERVICES CORPORATION

45 CFR Part 1609

Fee-Generating Cases

Correction

In proposed rule document 96–21669

appearing on page 45765 in the issue of

Thursday, August 29, 1996, make the

following correction:

On pages 45765 through 45767, in the

running head, ‘‘Rules and Regulations’’

should read ‘‘Proposed Rules.’’

BILLING CODE 1505–01–D
STATE EX REL. Siwel PORTER a/k/a Larron Lewis v. STATE of Louisiana

No. 17-KH-0578

Supreme Court of Louisiana.

August 3, 2018

ON SUPERVISORY WRITS TO THE FOURTH JUDICIAL DISTRICT COURT, PARISH OF OUACHITA

PER CURIAM:

Denied. Relator does not identify an illegal term in his sentence, and therefore, his filing is properly construed as an application for post-conviction relief. *See**State v. Parker* , 98-0256 (La. 5/8/98), 711 So.2d 694. As such, it is subject to the time limitation set forth in La.C.Cr.P. art. 930.8. Relator's application was not timely filed in the district court, and he fails to carry his burden to show that an exception applies. La.C.Cr.P. art. 930.8 ; *State ex rel. Glover v. State* , 93-2330 (La. 9/5/95), 660 So.2d 1189.
Barbara STONE, Appellant, v. The STATE of Florida, Appellee.

No. 3D18-278

District Court of Appeal of Florida, Third District.

Opinion filed June 20, 2018.

Jacob M. Noble (Palm Beach Gardens), for appellant.

Pamela Jo Bondi, Attorney General, and Keri T. Joseph, Assistant Attorney General, for appellee.

Before SUAREZ, EMAS, and LUCK, JJ.

SUAREZ, J.

Barbara Stone appeals from a thirty-month state prison sentence imposed on violation of probation. We reverse and remand for a new sentencing hearing.

In 2014, Stone entered into a plea agreement to the charge of interference with custody, a third degree, non-forcible felony. She scored 22 sentencing points. The trial court found her guilty, withheld adjudication and placed her on three years of reporting probation with special conditions. The State subsequently filed several affidavits alleging Stone violated the terms of her probation. At the 2018 hearing on violation of probation, Stone admitted to the violation allegations and agreed to plead to the court. At that hearing, evidence was presented that Stone absconded from probation, committed violence against a police officer, and repeatedly violated probation by purposefully and maliciously contacting those persons she was ordered not to contact, including the original trial court judge. The trial court revoked Stone's probation and adjudicated her guilty of the underlying non-forcible third degree felony, and found her statements and behavior at the sentencing hearing indicated a lack of remorse that caused the court genuine concern for the safety of the community if non-state sanctions were once again imposed. The trial court sentenced Stone to thirty months in state prison with credit for time served.

Stone filed a timely motion in the trial court to correct an illegal sentence, which the trial court granted in part as to additional credit for time served. The trial court did not alter the sentence. On appeal, Stone argues that the trial court's sentence was an illegal upward departure based on a scoresheet that reflected only 22 total sentencing points. Further, Stone claims that the trial court based this upward *764departure sentence solely on the basis of Stone's apparent lack of remorse.

Because the trial court impermissibly relied on Stone's apparent lack of remorse at sentencing, we reverse and remand for a new sentencing hearing before a different judge. *See, e.g.*, *Dinkines v. State*, 122 So.3d 477, 480 (Fla. 4th DCA 2013) (finding reversible error in trial court's consideration of defendant's perceived lack of meaningful remorse in imposing state prison sentence); *Green v. State*, 84 So.3d 1169, 1171 (Fla. 3d DCA 2012) (and cases cited therein, holding lack of remorse, the failure to accept responsibility, or the exercise of one's right to remain silent at sentencing may not be considered by the trial court in fashioning the appropriate sentence). As such, we decline to reach the remaining issue on appeal.

Reversed, and remanded with directions.
## Breadcrumb

-  Publications 
-  Articles 

#           Variation in strontium isotope ratios of archaeological fauna in the Midwestern United States: a preliminary study      

      January 1, 2009    

Strontium isotope values (87Sr/86Sr) in bone and tooth enamel have been used increasingly to identify non-local individuals within prehistoric human populations worldwide. Archaeological research in the Midwestern United States has increasingly highlighted the role of population movement in affecting interregional cultural change. However, the comparatively low level of geologic variation in the Midwestern United States might suggest a corresponding low level of strontium variation, and calls into question the sensitivity of strontium isotopes to identify non-local individuals in this region. Using strontium isotopes of archaeological fauna, we explore the degree of variability in strontium ratios across this region. Our results demonstrate measurable variation in strontium ratios and indicate the potential of strontium analysis for addressing questions of origin and population movement in the Midwestern United States.

## Citation Information

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UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

www.flsb.uscourts.gov

In re: 

Manuel Lois Rodriguez Case No. 21-10749-RAM

 Debtor(s). Chapter 13

_________________________/

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the Motion to Value and 

Determine Secured Status and Notice of Hearing was sent to all parties on the attached 

service list on April 13, 2021.

Electronically: Nancy K. Neidich, Trustee

CERTIFIED MAIL: 

Santander Bank, N.A. 

c/o Timothy H. Wennes, CEO 

824 North Market Street, Suite 100

Wilmington, DE 19801

First Class Mail: 

Debtor(s), Manuel Lois Rodriguez 

249 S Royal Poinciana Boulevard #204

Miami Springs, FL 33166-6148

Santander Consumer USA, Inc

8585 N STEMMONS, SUITE 1100 -N

DALLAS TX 75247

Santander Consumer USA, Inc

c/o Registered Agent C T 

CORPORATION SYSTEM

1200 SOUTH PINE ISLAND ROAD

PLANTATION FL 33324 US

Santander Consumer, USA, Inc 9/2019

c/o Timothy H. Wennes, CEO

1601 Elm Street, Suite 800

DALLAS, TX 75201

Santander Consumer USA Inc.

c/o Abel Marin, Bk Rep. 

P.O. Box 961245

Fort Worth, TX 76161-1245

Respectfully Submitted: 

ROBERT SANCHEZ, P.A. 

Attorney for Debtor

355 West 49th Street

Case 21-10749-RAM Doc 18 Filed 04/13/21 Page 1 of 2
Hialeah, FL 33012

Tel. 305-687-8008

By:/s/ Robert Sanchez_____________

 Robert Sanchez, Esq., FBN#0442161

Case 21-10749-RAM Doc 18 Filed 04/13/21 Page 2 of 2
This section of the FEDERAL REGISTER

contains editorial corrections of previously

published Presidential, Rule, Proposed Rule,

and Notice documents. These corrections are

prepared by the Office of the Federal

Register. Agency prepared corrections are

issued as signed documents and appear in

the appropriate document categories

elsewhere in the issue.

Corrections Federal Register

4694

Vol. 63, No. 20

Friday, January 30, 1998

DEPARTMENT OF DEFENSE

Department of the Navy

32 CFR Parts 721 and 722

Removal of Rules on Standards of

Conduct and Reporting Procedures on

Defense Related Employment

Correction

Final rule document 98-1922 was

inadvertently published in the Proposed

Rules section of the issue of Tuesday,

January 27, 1998 beginning on page

3860. It should have appeared in the

Rules and Regulations section.

BILLING CODE 1505-01-D

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

[Docket No. RP98-110-000]

Garden Banks Gas Pipeline, L.L.C.;

Notice of Proposed Changes in FERC

Gas Tariff

Correction

In notice document 98–1877

appearing on page 3886, in the issue of

Tuesday January 27, 1998, make the

following correction:

On page 3886, in the second column,

the Docket No. should be as set forth

above.

BILLING CODE 1505-01-D
Case 21-11134-LMI    Doc 9    Filed 02/05/21    Page 1 of 1
EXHIBIT 32.1
                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In connection with the Quarterly Report of MEDIANET GROUP TECHNOLOGIES, INC.
(the "Company") on Form 10-QSB for the period ended September 30, 2004, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Martin Berns, 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, to the best of my knowledge and belief:

         (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/ Martin Berns
Martin Berns
Chief Executive Officer


November 15, 2004
Brian K. SINGLETARY, Appellant, v. STATE of Florida, Appellee.

Case No. 2D18-778

District Court of Appeal of Florida, Second District.

Opinion filed July 25, 2018.

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.