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this opinion should not be published and is not precedent except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

April 17, 2003

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 02-20971

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

DOMINGO OSCAR CRUZ-RESENDIZ,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. H-02-CR-62-1

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

Before BARKSDALE, DeMOSS, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Domingo Oscar Cruz-Resendiz (“Cruz-Resendiz”) appeals his

conviction and 30-month sentence imposed following his plea of

guilty to a charge of being found in the United States after

deportation, a violation of 8 U.S.C. § 1326. Finding no error, we

affirm the district court’s judgment.

Cruz-Resendiz contends that his prior state felony conviction

for possession of a controlled substance is not an “aggravated

felony” for purposes of U.S.S.G. § 2L1.2(b)(1)(C) and 8 U.S.C.
2

§ 1101(a)(43)(B). He concedes that his argument is foreclosed by

this court’s decision in United States v. Caicedo-Cuero, 312 F.3d

697, 706-11 (5th Cir. 2002) (holding that possession of a

controlled substance is an “aggravated felony” for purposes of

8 U.S.C. § 1326(b)(2) and U.S.S.G. § 2L1.2 (2001)), and raises the

issue only to preserve it for possible Supreme Court review.

Cruz-Resendiz also argues that the felony conviction that

resulted in his increased sentence under 8 U.S.C. § 1326(b)(2) was

an element of the offense that should have been charged in the

indictment. He acknowledges that his argument is foreclosed by the

Supreme Court’s decision in Almendarez-Torres v. United States, 523

U.S. 224 (1998), but he seeks to preserve the issue for Supreme

Court review in the light of the decision in Apprendi v. New

Jersey, 530 U.S. 466 (2000). 

Apprendi did not overrule Almendarez-Torres. See Apprendi,

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

984 (5th Cir. 2000). Cruz-Resendiz’s argument is foreclosed. The

judgment of the district court is AFFIRMED.
Motion Granted and Abatement Order filed July 21, 2015 

In The

Fourteenth Court of Appeals

____________

NO. 14-15-00323-CR

____________

EX PARTE HUGO STEVE RAMIREZ, Appellant

On Appeal from the 337th District Court

Harris County, Texas

Trial Court Cause No. 993401A

ABATEMENT ORDER

This appeal is from the denial of a writ of habeas corpus in a community 

supervision case. See Tex. Code Crim. Proc. Ann. art. 11.072. The appellant was 

convicted in February 2005 and sentenced to seven years’ confinement. The trial 

court suspended the sentence and placed the appellant on community supervision. 

Appellant filed this habeas proceeding in November 2014, more than nine 

years after he was convicted. He alleged that he received ineffective assistance of 

counsel and that the state failed to disclose exculpatory evidence. After a hearing, 

the trial court denied relief. The trial court entered findings of fact and conclusions 

of law. See Tex. Code Crim. Proc. Ann. art. 11.072 § 7(a).
The state has filed a motion to abate the appeal so the trial court can make 

additional findings on whether the equitable doctrine of laches bars relief on the 

appellant’s application. The state did not raise laches in its response to the 

application for a writ, and the trial court’s findings do not address laches, but the 

defense of laches may be raised for the first time on appeal. Ex parte Bowman, 

447 S.W.3d 887-88 (Tex. Crim. App. 2014). However, a court of appeals should 

not decide the question of laches without appropriate findings by the trial court. 

See id. at 888-89. 

Accordingly, the state’s motion to abate is GRANTED. The trial court is 

directed to reduce to writing its supplemental findings of fact and conclusions of 

law regarding laches and have a supplemental clerk’s record containing those 

findings filed with the clerk of this court on or before August 21, 2015.

The appeal is abated, treated as a closed case, and removed from this court’s 

active docket. The appeal will be reinstated on this court’s active docket when the 

trial court’s supplemental findings are filed in this court. The court will also 

consider an appropriate motion to reinstate the appeal filed by either party. 

It is so ORDERED.

PER CURIAM
```

[Federal Register Volume 89, Number 241 (Monday, December 16, 2024)]
[Notices]
[Page 101611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29534]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health

National Institute of Diabetes and Digestive and Kidney Diseases; 
Notice of Closed Meeting

    Pursuant to section 1009 of the Federal Advisory Committee Act, as 
amended, notice is hereby given of the following meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Diabetes and Digestive 
and Kidney Diseases Special Emphasis Panel; Digestive Diseases 
Research Core Centers (P30).
    Date: March 27-28, 2025.
    Time: 10:00 a.m. to 3:00 p.m.
    Agenda: To review and evaluate grant applications.
    Address: National Institutes of Health, National Institute of 
Diabetes and Digestive and Kidney Diseases, Democracy II, Suite 
7000A, 6707 Democracy Boulevard, Bethesda, MD 20892.
    Meeting Format: Virtual Meeting.
    Contact Person: Jian Yang, Ph.D., Scientific Review Officer, 
Scientific Review Branch, Division of Extramural Activities, 
National Institute of Diabetes and Digestive and Kidney Diseases, 
6707 Democracy Boulevard, Room 7011, Bethesda, MD 20892-5452, (301) 
594-7799, [email protected].

(Catalogue of Federal Domestic Assistance Program Nos. 93.847, 
Diabetes, Endocrinology and Metabolic Research; 93.848, Digestive 
Diseases and Nutrition Research; 93.849, Kidney Diseases, Urology 
and Hematology Research, National Institutes of Health, HHS)

    Dated: December 11, 2024.
Miguelina Perez,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2024-29534 Filed 12-13-24; 8:45 am]
BILLING CODE 4140-01-P
```
I 

113TH CONGRESS 

2D SESSION H. R. 5824 

To modify certain provisions of law relating to torture. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 9, 2014 

Mr. NADLER (for himself, Mr. CONYERS, and Mrs. CAROLYN B. MALONEY of 

New York) introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each 

case for consideration of such provisions as fall within the jurisdiction of 

the committee concerned 

A BILL 

To modify certain provisions of law relating to torture. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘American Anti-Torture 

5 Act of 2014’’. 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•HR 5824 IH

1 SEC. 2. UNIFORM STANDARDS FOR INTERROGATION TECH2 NIQUES APPLICABLE TO INDIVIDUALS 

3 UNDER CONTROL OR CUSTODY OF THE 

4 UNITED STATES GOVERNMENT. 

5 Subsections (a), (b), and (c) of each of section 1002 

6 of the Detainee Treatment Act of 2005 (title X of Public 

7 Law 109–148; 10 U.S.C. 801 note; 119 Stat. 2739) and 

8 section 1402 of the Detainee Treatment Act of 2005 (title 

9 XIV of Public Law 109–163; 10 U.S.C. 801 note; 119 

10 Stat. 3475) are amended to read as follows: 

11 ‘‘(a) IN GENERAL.—No person in the custody or 

12 under the effective control of the United States shall be 

13 subject to any treatment or technique of interrogation not 

14 authorized by and listed in the United States Army Field 

15 Manual on Human Intelligence Collector Operations. 

16 ‘‘(b) APPLICABILITY.—Subsection (a) shall not apply 

17 with respect to any person in the custody or under the 

18 effective control of the United States pursuant to a crimi19 nal law or immigration law of the United States. 

20 ‘‘(c) CONSTRUCTION.—Nothing in this section shall 

21 be construed to affect the rights under the United States 

22 Constitution of any person in the custody or under the 

23 physical jurisdiction of the United States.’’. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS
<PAGE>

                                                                    EXHIBIT 10.4

                              SEGUSO HOLDINGS, INC.
                        3405 54th Drive West, Suite G102
                            Bradenton, Florida 34210

                                                       April 1, 2007

                                LETTER AGREEMENT

This Letter Agreement is to memorialize the terms verbally agreed to in
principle by Robert Seguso (individually, "Seguso"), with Seguso Holdings, Inc.,
a New York corporation ("Company").

        Seguso Loan. Seguso hereby agrees to loan the Company the sum of up to
SIX THOUSAND FIVE HUNDRED ($6,500.00) DOLLARS to cover the expenses of the
Company's Initial Public Offering ("Offering"), on a non-interest bearing basis,
due the earlier of 18 months from the effective date of the Company's
Registration Statement, or until the Company completes a business combination.
If at the time of any business combination the amount due to Seguso exceeds the
proceeds of this Offering, the excess amount will be returned to Seguso as a
condition of the business combination.

This Letter Agreement shall be effective as of the date set forth above.

SEGUSO:                        COMPANY:

/s/ Robert Seguso              By: /s/ Robert Seguso
----------------------------       --------------------------------------
Robert Seguso                      Robert Seguso, Chief Executive Officer
Exhibit 99.1
                                 ------------




<PAGE>


COUNTRYWIDE HOME LOANS, INC.


                             OFFICERS' CERTIFICATE
                    ANNUAL STATEMENT OF THE MASTER SERVICER


                                  CWABS, INC.
                  CWABS MASTER TRUST, SERIES 2003-B SUBTRUST,
         REVOLVING HOME EQUITY LOAN ASSET BACKED NOTES, SERIES 2003-B


     The undersigned do hereby certify that they are each an officer of
Countrywide Home Loans, Inc. (the "Master Servicer"), and do hereby further
certify pursuant to Section 3.09 of the Sale and Servicing Agreement for the
above-captioned Series (the "Agreement") that:

     (i) A review of the activities of the Master Servicer during the
     preceding calendar year and of the performance of the Master Servicer
     under the Agreement has been made under our supervision; and

     (ii) To the best of our knowledge, based on such review, the Master
     Servicer has fulfilled all its obligations under the Agreement throughout
     such year.




/s/Joseph M. Candelario                             Dated: March 26, 2004
-----------------------

JOSEPH M. CANDELARIO
FIRST VICE PRESIDENT AND COMPLIANCE OFFICER



/s/ Mark Wong                                       Dated: March 26, 2004
-------------

MARK WONG
SENIOR VICE PRESIDENT
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: In Re Fertitta Hospitality, LLC

Appellate case number: 01-18-00549-CV

Trial court case number: 17-CV-0590

Trial court: 405th District Court of Galveston County

Relator, Fertitta Hospitality, LLC, seeks mandamus relief and an emergency stay of the 

trial court’s May 16, 2018 order. The order granted real parties’ petition for pre-suit depositions, 

and the depositions are scheduled to start tomorrow, June 27, 2018.

We GRANT the emergency motion to stay and stay the trial court’s May 16, 2018 order.

We REQUEST a response to the petition for writ of mandamus from the real parties in 

interest. That response, if any, is due within 21 days of the date of this order.

It is so ORDERED.

Judge’s signature: /s/ Jennifer Caughey

 Acting individually  Acting for the Court

Date: June 26, 2018
99.1

Servicer's Statement of Compliance

The undersigned Officer certifies the following for the 2003 fiscal year.

(A) I have reviewed the activities and performance of the Servicer during the
preceding fiscal year under the terms of the applicable Servicing Agreement,
Trust Agreement, Pooling and Servicing Agreement and/or Seller/Servicer Guide
and to the best of this Officer's knowledge, the Servicer has fulfilled all of
its duties, responsibilities or obligations under these Agreements throughout
such year, or if there has been a default or failure of the Servicer to
perform any of such duties, responsibilities or obligations, a description of
each default or failure and the nature and status thereof has been reported as
appropriate and is set forth below.

Exceptions: None.

(B) The Servicer is currently an approved FNMA (#23221-000-1) and FHLMC
(#298704) servicer in good standing;

(C)The Fidelity Bond and the Errors and Omissions Insurance Policy required
under the terms of the applicable Servicing Agreement, Trust Agreement,
Pooling And Servicing Agreement and/or Seller/Service Guide are currently in
the process of being renewed; a copy of the related declaration page
evidencing each such policy will follow under separate cover;

(D)All Custodial Accounts have been reconciled in accordance with the terms
of the applicable Servicing Agreement, Trust Agreement, Pooling and Servicing
Agreement and/or Seller/Servicer Guide;

(E)All information statements required to be filed pursuant to Internal
Revenue Code section 6050H, 6050J and/or 6050P have been timely filed; and

(F)The Servicer has a viable contingency plan to minimize financial loss and
disruptions of service to the institutions and customers it serves and to
ensure a timely resumption of operations in the event of a disaster.


This certification covers the period of January 1, 2003 through
December 31, 2003.




Ameriquest Mortgage Company
By: /s/: John P. Grazer
By:      John P. Grazer
Title:   Executive Vice President
NUMBER 13

- 13

- 00 4 53

- CV



### COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

– EDINBURG

GUILLERMO R. PECHERO, M.D.

, Appellant,

v.

AGUSTIN GARCIA AND RONALD JACKSON

, Appellee s

.

On appeal from the County Court at Law No. 1

of Hidalgo County, Texas

.



### MEMORANDUM OPINION

Before Justices Rodriguez, Benavides and Perkes

Memorandum Opinion Per Curiam

While an appeal was pending before this Court, a ppellant, Guillermo Pechero, filed

an agreed motion to remand for settlement pursuant to Rule 42.1(a)(2)(B) of the Texas

Rules of Appellate Procedure. See T EX

. R. A PP

. P. 42.1(a)(2)(B). According t o the

motion, the parties have reached an agreement to settle and compromise their

differences. They ask this Court to set aside the judgment of the trial court without regard2

to the merits and remand the case to the trial court for rendition of judgment in accordance

with the parties’ settlement agreement. Id

.

The Court, having examined and fully considered the joint motion to remand, is of

the opinion that it should be and is GRANTED. Accordingly, we set aside the trial court’s

judgment without regard to the merits and remand the case to the trial court for rendition

of judgment in accordance with the settlement agreement. Costs will be taxed against

appellant. See id. R. 42.1(d) ("Absent agreement of the parties, the court will tax costs

against the appellant.").

PER CURIAM

D elivered and filed the

16th day of July , 20 15

.
Exhibit 99.1
                                 ------------




<PAGE>



COUNTRYWIDE HOME LOANS, INC.


                             OFFICERS' CERTIFICATE
                    ANNUAL STATEMENT OF THE MASTER SERVICER


                                  CWABS, INC.
                  CWABS MASTER TRUST, SERIES 2003-C SUBTRUST,
             REVOLVING HOME EQUITY LOAN ASSET BACKED NOTES, SERIES
                                    2003-C


     The undersigned do hereby certify that they are each an officer of
Countrywide Home Loans, Inc. (the "Master Servicer"), and do hereby further
certify pursuant to Section 3.09 of the Sale and Servicing Agreement for the
above-captioned Series (the "Agreement") that:

     (i) A review of the activities of the Master Servicer during the
     preceding calendar year and of the performance of the Master Servicer
     under the Agreement has been made under our supervision; and

     (ii) To the best of our knowledge, based on such review, the Master
     Servicer has fulfilled all its obligations under the Agreement throughout
     such year.




/s/Joseph M. Candelario                             Dated: March 26, 2004
-----------------------

JOSEPH M. CANDELARIO
FIRST VICE PRESIDENT AND COMPLIANCE OFFICER



/s/ Mark Wong                                       Dated: March 26, 2004
-------------

MARK WONG
SENIOR VICE PRESIDENT
[Federal Register Volume 60, Number 235 (Thursday, December 7, 1995)]
[Corrections]
[Page 62927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X95-11207]



      

Federal Register/Vol. 60, No. 235/Thursday, December 7, 1995/
Corrections

[[Page 62927]]


FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 80

[PR Docket No. 93-133, FCC 95-447]


Maritime Communications

Correction

    In rule document 95-28826 beginning on page 58243, in the issue of 
Monday, November 27, 1995, make the following correction:


Sec. 80.1065  [Corrected]

    On page 58245, in the second column, in Sec. 80.1065 (b)(5)(iii), 
in the second line, ``Sec. 8.933.'' should read ``Sec. 80.933.''.

BILLING CODE 1505-01-D
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###### Securities and Exchange Commission

          - [Release No. 34-59185; File No.
          - SR-NYSE-2008-141]

### Correction

In notice document E9-9 beginning on page 749 in the issue of Wednesday, January 7, 2009 make the following correction:

On page 750, in the third column, in the last line of the first paragraph, “January 27, 2009” should read “January 28, 2009”.

[FR Doc. Z9-9 Filed 1-28-09; 8:45 am]

BILLING CODE 1505-01-D