alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Daniel MARTINEZ, Appellant, v. The STATE of Florida, Appellee.

No. 3D17-2217

District Court of Appeal of Florida, Third District.

Opinion filed October 24, 2018

Carlos J. Martinez, Public Defender, and Natasha Baker-Bradley, Assistant Public Defender, for appellant.

Pamela Jo Bondi, Attorney General, and Sandra Lipman, Assistant Attorney General, for appellee.

Before LOGUE, LUCK, and LINDSEY, JJ.

PER CURIAM.

We affirm without prejudice to the appellant raising a claim of ineffective assistance of trial counsel in an appropriate Rule 3.850 motion. See *Reid v. State*, 237 So.3d 1083 (Fla. 3d DCA 2017) ; *Adderly v. State*, 132 So.3d 1234 (Fla. 3d DCA 2014) ;

*1101*Davis v. State*, 25 So.3d 1282 (Fla. 3d DCA 2010) ; *Taylor v. State*, 848 So.2d 435 (Fla. 3d DCA 2003).
Jean LUXAMA, Appellant, v. STATE of Florida, Appellee.

No. 4D18-2020

District Court of Appeal of Florida, Fourth District.

[January 3, 2019]

Jean Luxama, Milton, pro se.

No appearance required for appellee.

Per Curiam.

*Affirmed* .

Warner, May and Ciklin, JJ., concur.
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## By Year

Podcasts        August 8, 2011        2011: The Year of the Flood

Podcasts        May 15, 2011        USGS Measures Flooding at Morganza Spillway and Across Louisiana

Podcasts        March 26, 2009        USGS Crews Measure Historic Flooding in Fargo, ND

Podcasts        October 14, 2009        Streamgages: The Silent Superhero

MOUs        December 15, 2016        MOU between USGS and FEMA - framework (replaces 2011)

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Podcasts        April 6, 2008        Science as it Happens--Glen Canyon Dam High Flow Experiment

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* 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that this opinion should not be published and is not precedent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

February 18, 2004

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-40643

c/w No. 03-40661

c/w No. 03-40697

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

OSCAR ALEXANDER RIOS-MARADIAGA,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. B-02-CR-170-1

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

Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.

PER CURIAM:*

 Oscar Alexander Rios-Maradiaga 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. 

Rios-Maradiaga complains that his sentence was improperly

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

conviction. He argues that the sentencing provision is

unconstitutional. Rios-Maradiaga thus contends that his sentence
No. 03-40643

c/w No. 03-40661

c/w No. 03-40697

-2-

should not exceed the maximum terms 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. 

Rios-Maradiaga 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.
**EXHIBIT
        23.1**
 
 **Consent
        of Independent Registered Public Accounting Firm**
  We
        consent to the incorporation by reference in the Registration Statement of
        Smart
        Online, Inc. on Form S-8 (No. 333-124569) and related prospectuses of
        our
        audit report dated July 6, 2006 with respect to the consolidated balance
        sheets
        at December 31, 2005 and 2004 and the consolidated statements of operations,
        stockholders’ (deficit) equity and cash flows for each of the years ended
        December 31, 2005, 2004 and 2003 of Smart Online, Inc. and its consolidated
        subsidiaries, which report appears in the annual report on Form 10-K for
        the
        fiscal year ended December 31, 2005 of Smart Online, Inc.
  /s/
        Sherb
& Co., LLP
 Certified
        Public Accountants
 
 New
        York,
        New York
 July
        11,
        2006
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.                  

###### Postal Service

# AGENCY:

                        Postal ServiceTM.                    

# ACTION:

Notice.

# SUMMARY:

The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.

# DATES:

*Date of required notice:*                         December 30, 2024.                    

# FOR FURTHER INFORMATION CONTACT:

Sean C. Robinson, 202-268-8405.

# SUPPLEMENTARY INFORMATION:

                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on December 17, 2024, it filed with the Postal Regulatory Commission a                     *USPS Request to Add Priority Mail Express, Priority Mail & USPS Ground Advantage® Contract 1120 to Competitive Product List.*                     Documents are available at                     *www.prc.gov,*                     Docket Nos. MC2025-900, K2025-901.                

Sean C. Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2024-31003 Filed 12-27-24; 8:45 am]

BILLING CODE 7710-12-P
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. AP-76,666 & AP-76,667

EX PARTE DEON RUSH, Applicant

ON APPLICATIONS FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 16,022 & 16,024 IN THE 506TH DISTRICT COURT

FROM GRIMES COUNTY

Per curiam.

O P I N I O N

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court these applications for a writ of habeas corpus. Ex

parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of two counts

of burglary of a habitation and sentenced to eighteen years’ imprisonment on each count. The

Fourteenth Court of Appeals dismissed his appeals. Rush v. State, Nos. 14-09-00434-CR & 14-09-

00453-CR (Tex. App.–Houston [14th Dist.] July 9, 2009, no pet.). 

Applicant contends, among other things, that he was denied his right to appeal. We remanded

these applications to the trial court for findings of fact and conclusions of law. The trial court has
2

determined that Applicant was denied his right to appeal and recommended that we grant Applicant

out-of-time appeals. We find that Applicant is entitled to the opportunity to file out-of-time appeals

of the judgments of conviction in cause numbers 16,022 and 16,024 from the 506th District Court

of Grimes County. Applicant is ordered returned to that time at which he may give written notices

of appeal so that he may then, with the aid of counsel, obtain meaningful appeals. Within ten days

of the issuance of this opinion, the trial court shall determine whether Applicant is indigent. If he is

indigent and wishes to be represented by counsel, the trial court shall immediately appoint an

attorney to represent him on direct appeal. All time limits shall be calculated as if the sentences had

been imposed on the date on which the mandate of this Court issues. We hold that, should Applicant

desire to prosecute appeals, he must take affirmative steps to file written notices of appeal in the trial

court within 30 days after the mandate of this Court issues.

Applicant’s remaining claim is dismissed. Ex parte Torres, 943 S.W.2d 469 (Tex. Crim.

App. 1997).

Delivered: October 19, 2011

Do Not Publish
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 04-6893 

EUGENE R. DANIELS,

Plaintiff - Appellant,

versus

SOUTH CAROLINA DEPARTMENT OF CORRECTIONS;

GARY MAYNARD, Director; GUARD DURANT; WARDEN

ANTHONY; ASSISTANT WARDEN PRIDGEN; R. CHAVIS,

Associate Warden; GRIEVANCE CLERK SPRATTLING;

GRIEVANCE CLERK JOHNSON; ROBERT WARD; OFFICER

HOLLYWAY; OFFICER YOUNG; SERGEANT HODGES;

LIEUTENANT BROWN,

Defendants - Appellees,

and

JANE DOE; JOHN DOE,

Defendants.

Appeal from the United States District Court for the District of

South Carolina, at Beaufort. Margaret B. Seymour, District Judge.

(CA-03-451)

Submitted: August 26, 2004 Decided: September 3, 2004

Before WIDENER and SHEDD, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.
- 2 -

Eugene R. Daniels, Appellant Pro Se. Edgar Lloyd Willcox, II,

WILLCOX, BUYCK & WILLIAMS, P.A., Florence, South Carolina, for

Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 3 -

PER CURIAM:

Eugene R. Daniels appeals the district court’s order

dismissing his 42 U.S.C. § 1983 (2000) complaint. The district

court referred this case to a magistrate judge pursuant to 28

U.S.C. § 636(b)(1)(B) (2000). The magistrate judge recommended

that relief be denied and advised Daniels that failure to file

timely objections to this recommendation could waive appellate

review of a district court order based upon the recommendation.

Despite this warning, Daniels failed to object to the magistrate

judge’s recommendation.

The timely filing of specific objections to a magistrate

judge’s recommendation is necessary to preserve appellate review of

the substance of that recommendation when the parties have been

warned that failure to object will waive appellate review. See

Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985); see also

Thomas v. Arn, 474 U.S. 140 (1985). Daniels has waived appellate

review by failing to file objections after receiving proper notice.

Accordingly, we affirm the judgment of the district court.

We dispense with oral argument because the facts and

legal contentions are adequately presented in the materials before

the court and argument would not aid the decisional process.

AFFIRMED
Monique WOOD, Nikki Clark and Darcy Cavell, Appellants, v. Marshall CASSEDY, Jr., Appellee.

No. 1D17-2001

District Court of Appeal of Florida, First District.

February 11, 2019

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
# C_2021217EN.01001502.xml

| 7.6.2021 | EN | Official Journal of the European Union | C 217/15 |
| --- | --- | --- | --- |

7.6.2021

EN

Official Journal of the European Union

C 217/15

---

Judgment of the Court (Tenth Chamber) of 15 April 2021 (request for a preliminary ruling from the Nederlandstalige rechtbank van eerste aanleg Brussel — Belgium) — Vogel Import Export NV v Belgische Staat

(Case C-62/20) (1)

(Reference for a preliminary ruling - Regulation (EEC) No 2658/87 - Customs union - Common Customs Tariff - Tariff classification - Combined Nomenclature - Tariff headings - Headings 4407 and 4409 - Planed wooden boards the four corners of which have been slightly rounded over the entire length of the board)

(2021/C 217/21)

Language of the case: Dutch

Referring court

Nederlandstalige rechtbank van eerste aanleg Brussel

Parties to the main proceedings

Applicant: Vogel Import Export NV

Defendant: Belgische Staat

Operative part of the judgment

The Combined Nomenclature set out in Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff, as amended by Commission Implementing Regulation (EU) No 2016/1821 of 6 October 2016, must be interpreted as meaning that planed wooden boards the four corners of which have been slightly rounded over the entire length of the board, must not be regarded as continuously shaped and are capable of falling within heading 4407 of the Combined Nomenclature.

---

(1)  OJ C 201, 15.6.2020.

---
Exhibit 32.1

              Chief Executive Officer Certification (Section 906)


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


         Pursuant to 18 U.S.C.  Section 1350 (as adopted pursuant to Section 906
of the  Sarbanes-Oxley  Act of 2002),  I, the  undersigned  President  and Chief
Executive  Officer of Nuclear  Solutions,  Inc., (the "Company"),  herby certify
that,  to the best of my knowledge,  the Quarterly  Report on Form 10-QSB of the
Company for the period ended June 30, 2005 (the  "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 the  Report  fairly  presents,  in all
material  respects,  the  financial  condition  and results of  operation of the
Company. A signed original of this written statement required by Section 906 has
been provided to the  registrant and will be retained by it and furnished to the
Securities and Exchange Commission or its staff upon request.


Dated August 19, 2005                                /s/ Patrick Herda
                                                     -----------------------
                                                     President and CEO
1 The Honorable J. Leon Holmes, Chief J udge, United States District Court for the Eastern District of Arkansas. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 06-2176

___________ Reginald L. Dunahue, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. Clarence Bass, Lt., Varner Unit, ADC; * Latecia Strain, Varner Unit, ADC, * [UNPUBLISHED] * Appellee. *

___________ Submitted: June 21, 2007 Filed: July 2, 2007

___________ Before RILEY, MAGILL, and MELLOY, Circuit Judges.

___________ PER CURIAM. In this 42 U.S.C. § 1983 action, Arkansas inmate Reginald Dunahue appeals the district court’s 1 entry of judgment in accordance w ith the jury verdict in favor of defendants, arguing his trial attorney presented testimony and exhibits proving that defendants’ treatment of him violated prison policy and the Eighth Amendment. Dunahue did not, however, provide this court with a trial transcri pt or request one at government expense. We therefore are unable to review the sufficiency-of-the--2- evidence issue he raises. See Fed. R. App. P. 10(b)(1) (discussing appellant’s duty to order transcript); Meroney v. Delta Int’l Mach. Corp. , 18 F.3d 1436, 1437 (8th Cir. 1994); Van Treese v. Blome , 7 F.3d 729, 729 (8th Cir. 1993) (per curiam); Schmid v. United Bhd. of Carpenters & Joiners of Am. , 827 F.2d 384, 385-86 (8th Cir. 1987) (per curiam). Accordingly, we affirm. See 8th Cir. R. 47B.

______________________________
Kendric JOHNSON, Appellant, v. STATE of Florida, Appellee.

No. 1D18-2896

District Court of Appeal of Florida, First District.

January 10, 2019

Kendric Johnson, pro se, Appellant.

Ashley Brooke Moody, Attorney General, Tallahassee, for Appellee.

Per Curiam.

AFFIRMED .

Wolf, Lewis, and Wetherell, JJ., concur.
Exhibit 99.3
Chief Executive Officer Certification (Section 906)


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


      Pursuant to 18 U.S.C.  Section 1350 (as adopted pursuant to Section 906 of
the  Sarbanes-Oxley  Act of 2002), I, the undersigned Chief Executive Officer of
Nuclear Solutions, Inc., (the "Company"), hereby certify that, to the best of my
knowledge,  the  Quarterly  Report on Form  10-QSB of the Company for the period
ended March 31, 2003 (the  "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 the Report fairly presents,  in all material respects,
the  financial  condition  and results of  operation  of the  Company.  A signed
original of this written statement  required by Section 906 has been provided to
the  registrant  and will be retained by it and furnished to the  Securities and
Exchange Commission or its staff upon request.


Dated May 14, 2003.

                                                         Chief Executive Officer

                                                          /s/ John Dempsey
                                                         -----------------------
                                                         John Dempsey
Autumn Dawn BRETON, Appellant, v. WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A Christiana Trust, Not in Its Individual Capacity, But Solely as Trustee for BCAT 2015-14ATT, Appellee.

Case No. 2D17-4612

District Court of Appeal of Florida, Second District.

Opinion filed December 14, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Brian GRIGGS, Appellant, v. Keyla PEREZ, Appellee.

Case No. 5D18-232

District Court of Appeal of Florida, Fifth District.

Decision filed February 12, 2019

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
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Data Release        May 2, 2022        Prospect- and Mine-Related Features from U.S. Geological Survey 7.5- and 15-Minute Topographic Quadrangle Maps of the United States (ver. 10.0, May 2023)

Technical Announcement        February 16, 2021        USGS Updates Mineral Database with Niobium Deposits in the United States 

Data Release        December 10, 2020        Bayesian modeling of NURE airborne radiometric data for the conterminous United States: predictions and grids

Data Release        August 3, 2016        Prospect- and Mine-Related Features from U.S. Geological Survey 7.5- and 15-Minute Topographic Quadrangle Maps for the Western United States

publication        October 2, 2005        Preliminary integrated geologic map databases for the United States: Central states: Montana, Wyoming, Colorado, New Mexico, North Dakota, South Dakota, Nebraska, Kansas, Oklahoma, Texas, Iowa, Missouri, Arkansas, and Louisiana

staff profileNathaniel J. Schaepe