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that this opinion should not be published and is not precedent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

December 10, 2003

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-40791

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ARMANDO LOZANO-SALAZAR,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. B-03-CR-144-1

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

Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges. 

PER CURIAM:*

Armando Lozano-Salazar appeals his conviction of being found

in the United States following deportation after conviction of an

aggravated felony. He argues, for the first time on appeal, that

8 U.S.C. § 1326(b) is unconstitutional because it treats a prior

conviction for a felony or aggravated felony as a sentencing

factor and not as an element of the offense. Lozano-Salazar’s

argument is foreclosed by Almendarez-Torres v. United States, 523

U.S. 224, 235, 239-47 (1998). Apprendi v. New Jersey, 530 U.S.
No. 03-40791

-2-

466, 489-90 (2000), did not overrule that decision. See United

States v. Dabeit, 231 F.3d 979, 984 (5th Cir. 2000). Thus, the

district court did not err in sentencing Lozano-Salazar under

8 U.S.C. § 1326(b). 

AFFIRMED.
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EXHIBIT 32

             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 quarterly report of Whitelight Technologies,
Inc. (the "Company") on Form 10-QSB for the quarter ended September 30,
2003, as filed with the Securities and Exchange Commission on the date
hereof (the "Report"), the undersigned principal executive officer and
principal financial officer of the Company, hereby certifies 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 results of
          operations of the Company.

Date:  November 18, 2003

/s/ Eric C. Bronk
Eric C. Bronk, President and Treasurer
(Principal executive officer
and principal financial officer)
Exhibit 10.2

 

AMENDMENT TO EMPLOYMENT AGREEMENT

 

This AMENDMENT is entered into on September 8, 2016 by and between Impac Mortgage Holdings, Inc., a Maryland corporation (“Employer” or the “Company”) and Todd Taylor, an individual (“Employee”).

 

WHEREAS, the Company and Employee entered into an Employment Agreement effective as of January 1, 2014 with a term expiring on December 31, 2014, and an Addendum to Employment Agreement extending the term of the Employment Agreement to December 31, 2015 (collectively, the “Employment Agreement”);

 

WHEREAS, Section 2.1 of the Employment Agreement provides that the term may be extended by the mutual agreement of Employer and Employee;

 

WHEREAS, the parties desire to extend the term of the Employment Agreement to December 31, 2017; and

 

WHEREAS, Section 17 of the Employment Agreement provides that the Employment Agreement may not be amended or modified except by written instrument signed by both parties.

 

NOW, THEREFORE, it is hereby agreed as follows:

 

1.                                      Section 2.1 of the Employment Agreement shall be stricken in its entirety and replaced with the following:

 

“The term of this Agreement shall be through December 31, 2017, unless extended by the mutual written agreement of Employer and Employee.”

 

2.                                      Except as amended hereby, the Employment Agreement shall remain in full force and effect and shall be otherwise unaffected hereby.

 

3.                                      Section 15 (Governing Law) and Section 20 (Counterparts; Facsimile Signatures) of the Employment Agreement are herein incorporated by this reference.

 

IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the date first written above.

 

	
IMPAC MORTGAGE HOLDINGS, INC.
    	
 
    	
EMPLOYEE
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
By:
    	
/s/   Joseph Tomkinson
    	
 
    	
/s/   Todd Taylor
    
	
Name:
    	
Joseph   Tomkinson
    	
 
    	
Todd   Taylor
    
	
Title:
    	
Chief   Executive Officer
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staff profileRoger Borcherdt
Damien Delon JONES, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D17-5077

District Court of Appeal of Florida, Second District.

October 09, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Granted.
Kenneth DOCTOR, Appellant, v. STATE of Florida, Appellee.

No. 1D17-4100

District Court of Appeal of Florida, First District.

January 16, 2019

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v. No. 97-4336

MARK HAWKINS,

Defendant-Appellant.

Appeal from the United States District Court

for the District of South Carolina, at Greenville.

G. Ross Anderson, Jr., District Judge.

(CR-95-134)

Submitted: January 30, 1998

Decided: February 23, 1998

Before MURNAGHAN, HAMILTON, and MICHAEL,

Circuit Judges.

_________________________________________________________________

Affirmed by unpublished per curiam opinion.

_________________________________________________________________

COUNSEL

William H. Ehlies, Greenville, South Carolina, for Appellant. J. Rene

Josey, United States Attorney, Harold W. Gowdy, III, Assistant

United States Attorney, Greenville, South Carolina, for Appellee.

_________________________________________________________________

Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).
OPINION

PER CURIAM:

Mark Hawkins appeals from a district court order denying his

motion for an extension of time to appeal from the district court's

underlying criminal judgment order entered against Hawkins on

December 19, 1995. He claims that he asked his court-appointed

attorney to appeal but that his attorney did not do so.

Under Federal Rule of Appellate Procedure 4(b), Hawkins had ten

days to appeal from the criminal judgment. The same rule authorized

the district court to extend the appeal period by no more than 30 days

based upon a showing of excusable neglect. The rule does not, however, permit a district court to note an appeal more than 40 days after

the judgment. See United States v. Raynor, 939 F.2d 191, 197 (4th

Cir. 1991).

In this case, the 40-day period expired on January 29, 1996. Hawkins did not file his motion until April 4, 1997. Hence, the district

court properly found that it lacked authority to grant the motion, and

Hawkins concedes this in his appellate brief. This court does not

reach claims of ineffective assistance on direct appeal unless the

record conclusively demonstrates counsel's ineffectiveness, United

States v. DeFusco, 949 F.2d 114, 120-21 (4th Cir. 1991), which is not

the case here. Therefore any such claim must be raised in a motion

under 28 U.S.C. § 2255.

Accordingly, the order of the district court is affirmed. In view of

our disposition, we deny Hawkins' motion for an extension of time

to appeal. 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

 2
```

[Federal Register Volume 90, Number 1 (Thursday, January 2, 2025)]
[Notices]
[Page 120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31418]

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

NATIONAL FOUNDATION OF THE ARTS AND THE HUMANITIES

Institute of Museum and Library Services

78th Committee Meeting of the President's Committee on the Arts 
and the Humanities

AGENCY: Institute of Museum and Library Services (IMLS), National 
Foundation of the Arts and the Humanities.

ACTION: Notice of meeting.

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

SUMMARY: Pursuant to the Federal Advisory Committee Act, notice is 
hereby given that the President's Committee on the Arts and the 
Humanities will meet to consider a subcommittee proposal.

DATES: The meeting will be held virtually on January 8, 2025, at 4:30 
p.m. Eastern Time (ET).

ADDRESSES: The meeting will convene in a virtual format. Individuals 
wishing to attend should contact Alexandra Piper at [email protected] for 
registration details.

FOR FURTHER INFORMATION CONTACT: Jasmine Jennings, Assistant General 
Counsel and Alternate Designated Federal Officer, Institute of Museum 
and Library Services, Suite 4000, 955 L'Enfant Plaza North SW, 
Washington, DC 20024; (202) 653-4653; [email protected].

SUPPLEMENTARY INFORMATION: The President's Committee on the Arts and 
the Humanities is meeting pursuant to Executive Order 14084 and the 
Federal Advisory Committee Act (FACA), as amended, 5 U.S.C. App. The 
78th Meeting of the President's Committee on the Arts and Humanities 
will convene on January 8, 2025, at 4:30 p.m. ET. This meeting will be 
open to the public.
    Purpose: To review and consider a subcommittee proposal regarding 
an Archive of Joy campaign.
    Further Information: On January 8, 2025, at 4:30 p.m. ET, the 
Committee will meet to deliberate on a recommendation for Committee 
action. Any interested persons may attend as observers. Individuals 
wishing to attend should contact Alexandra Piper at [email protected] for 
registration details.

    Dated: December 26, 2024.
Brianna Ingram,
Paralegal Specialist.
[FR Doc. 2024-31418 Filed 12-31-24; 8:45 am]
BILLING CODE 7036-01-P
```
# C_2022266EN.01000601.xml

| 11.7.2022 | EN | Official Journal of the European Union | C 266/6 |
| --- | --- | --- | --- |

11.7.2022

EN

Official Journal of the European Union

C 266/6

---

Judgment of the Court (Fourth Chamber) of 19 May 2022 (request for a preliminary ruling from the Spetsializiran nakazatelen sad — Bulgaria) — Criminal proceedings against IR

(Case C-569/20) (1)

(Reference for a preliminary ruling - Judicial cooperation in criminal matters - Directive (EU) 2016/343 - Article 8 - Right to be present at the trial - Information regarding the holding of the trial - Inability to locate the accused person notwithstanding the reasonable efforts of the competent authorities - Possibility of a trial and a conviction in absentia - Article 9 - Right to a new trial, or to another legal remedy, which allows a fresh determination of the merits of the case)

(2022/C 266/07)

Language of the case: Bulgarian

Referring court

Spetsializiran nakazatelen sad

Parties in the main proceedings

IR

Interested party: Spetsializirana prokuratura

Operative part of the judgment

Articles 8 and 9 of Directive (EU) 2016/343 of the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings must be interpreted as meaning that an accused person whom the competent national authorities, despite their reasonable efforts, do not succeed in locating and to whom they accordingly have not managed to give the information regarding his or her trial may be tried and, as the case may be, convicted in absentia, but must in that case, in principle, be able, after notification of the conviction, to rely directly on the right, conferred by that directive, to secure the reopening of the proceedings or access to an equivalent legal remedy resulting in a fresh examination, in his or her presence, of the merits of the case. That person may, however, be denied that right if it is apparent from precise and objective indicia that he or she received sufficient information to know that he or she was going to be brought to trial and, by deliberate acts and with the intention of evading justice, prevented the authorities from informing him or her officially of that trial.

---

(1)  OJ C 28, 25.1.2021.

---
Randy A. CHESSER, Appellant, v. STATE of Florida, Appellee.

No. 1D18-2987

District Court of Appeal of Florida, First District.

February 25, 2019

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
**Exhibit 32**

 

**ORIENT-EXPRESS HOTELS LTD.**

 

Section 1350 Certification

 

The undersigned hereby certify that this report of Orient-Express Hotels Ltd. for the periods presented fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in this report fairly presents, in all material respects, the financial condition and results of operations of the Company as of and for the periods presented in the report.

 
| /s/ Philip R. Mengel            |   | /s/ Martin O’Grady         |
|---------------------------------|--------|---------------------------------|
| Philip R. Mengel                |   | Martin O’Grady             |
| Director and                    |   | Vice President—Finance and |
| Interim Chief Executive Officer |   | Chief Financial Officer         |
|                            |   |                            |
|                            |   |                            |
| Dated:   June 13, 2012     |   |                            |

 

A signed original of this written certification has been provided to Orient-Express Hotels Ltd. and will be retained by Orient-Express Hotels Ltd. and furnished to the U.S. Securities and Exchange Commission or its staff upon request.

 

----
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 60 Agreed to Senate (ATS)]

<DOC>

118th CONGRESS
  1st Session
S. RES. 60

Honoring the memories of the victims of the senseless attack at Marjory 
           Stoneman Douglas High School on February 14, 2018.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 14, 2023

    Mr. Scott of Florida (for himself and Mr. Rubio) submitted the 
        following resolution; which was considered and agreed to

_______________________________________________________________________

                               RESOLUTION

 
Honoring the memories of the victims of the senseless attack at Marjory 
           Stoneman Douglas High School on February 14, 2018.

Whereas, on February 14, 2018, a mass shooting that took the lives of 17 
        teachers and students took place at Marjory Stoneman Douglas High School 
        in Parkland, Florida;
Whereas the people of the United States continue to pray for the individuals who 
        were affected by this tragedy;
Whereas the Parkland community has shown strength, compassion, and unity over 
        the past 5 years; and
Whereas February 14, 2023, marks 5 years since the horrific attack: Now, 
        therefore, be it
    Resolved, That the Senate--
            (1) honors the memories of the victims of the senseless 
        attack at Marjory Stoneman Douglas High School on February 14, 
        2018, and offers heartfelt condolences and deepest sympathies 
        to the families, loved ones, and friends of the victims;
            (2) honors the survivors of the attack and pledges 
        continued support for their recovery;
            (3) recognizes the strength and resilience of the Marjory 
        Stoneman Douglas High School community; and
            (4) expresses gratitude to the emergency medical and health 
        care professionals of the Parkland community for their efforts 
        in responding to the attack and caring for the victims and 
        survivors.
                                 <all>
```
exv10w1w2



 





EXHIBIT 10.1.2




SECOND AMENDMENT

TO

1997 INCENTIVE AND NONQUALIFIED STOCK OPTION PLAN

OF

TOTAL ENTERTAINMENT RESTAURANT CORP.




     1. The first sentence of Paragraph 4 of the 1997 Incentive and
Nonqualified Stock Option Plan of Total Entertainment Restaurant Corp., as
amended by that certain First Amendment dated January 14, 1999 (the “Plan”), is
hereby amended by replacing it with the following sentence:




Subject to adjustment as provided in Section 7 hereof, a total of
2 million (2,000,000) shares of common stock, $0.01 par value
(“Stock”) of the Company shall be subject to the Plan.



     2. Except as modified by Paragraph 1 above, the Plan shall remain in full
force and effect.



     3. The foregoing Second Amendment to the 1997 Incentive and Nonqualified
Stock Option Plan of Total Entertainment Restaurant Corp. was duly adopted by
the Board of Directors of Total Entertainment Restaurant Corp. (the “Company”)
on February 23, 2004, and approved by the Company’s stockholders at the
Company’s annual stockholder meeting on May 19, 2004.



	 	 	 
	

	 	/s/ Steven M. Johnson


	

	 	Steven M. Johnson, CEO