alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff—Appellee, v. Victor Manuel SANCHEZ-TALANCON, Defendant—Appellant.

No. 05-30509.

United States Court of Appeals, Ninth Circuit.

Submitted April 13, 2006.*

Decided May 3, 2006.

Pamela Jackson Byerly, Esq., USSP-Office of the U.S. Attorney, Spokane, WA, for Plaintiff-Appellee.

Amy H. Rubin, Esq., Tracy Staab, Federal Public Defender’s Office, Spokane, WA, for Defendant-Appellant.

*670Before: SILVERMAN, MCKEOWN, and PAEZ, Circuit Judges.

*

 This panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM**

Victor Manuel Sanchez-Talancon appeals the sentence imposed following his guilty plea to being an alien in the United States after deportation in violation of 8 U.S.C. § 1326.

Sanchez-Talancon contends that 8 U.S.C. § 1326(b)(2), which increases the statutory maximum sentence upon a finding that the defendant was removed “subsequent to” a conviction of an aggravated felony, should, in order to avoid raising serious constitutional issues, be construed to limit the scope of judicial inquiry to only those facts admitted by the defendant. He contends that construing § 1326(b) to require or allow judicial findings of facts not admitted by the defendant, for purposes of increasing his statutory maximum sentence, violates the Fifth and Sixth Amendment. He also contends that *Almendarez-Torres v. United States,*523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), was wrongly decided and that a defendant’s Fifth and Sixth Amendment rights are violated by allowing judicial finding of a prior conviction for purposes of increasing the statutory maximum sentence.

These contentions are foreclosed. *See United States v. Velasquez-Reyes,*427 F.3d 1227, 1229 (9th Cir.2005) (rejecting contention that the government is required to plead prior convictions in the indictment and prove them to a jury unless the defendant admits the prior convictions); *United States v. Weiland,*420 F.3d 1062, 1079 n. 16 (9th Cir.2005) (noting that we continue to be bound by the Supreme Court’s holding in *Almendarez-Torres*that a district judge may enhance a sentence on the basis of prior convictions, even if the fact of those convictions was not found by a jury beyond a reasonable doubt); *United States v. Castillo-Rivera,*244 F.3d 1020, 1025 (9th Cir.2001) (rejecting contention that the fact of the temporal relationship of the removal to the prior conviction is beyond the scope of the Supreme Court’s recidivism exception).

AFFIRMED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
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.                  

###### Department of Energy

###### Federal Energy Regulatory Commission

          - [Project No. 2530-057]

On March 12, 2021, Brookfield White Pine Hydro LLC submitted to the Federal Energy Regulatory Commission (Commission) a copy of its application for a Clean Water Act section 401(a)(1) water quality certification filed with the Maine Department of Environmental Protection, in conjunction with the above captioned project. Pursuant to 40 CFR 121.6, we hereby notify the Maine Department of Environmental Protection of the following:

*Date of Receipt of the Certification Request:*                     March 12, 2021.                

*Reasonable Period of Time to Act on the Certification Request:*                     One year.                

*Date Waiver Occurs for Failure to Act:*                     March 14, 2022.[1] 

If the Maine Department of Environmental Protection fails or refuses to act on the water quality certification request by the above waiver date, then the agency certifying authority is deemed waived pursuant to section 401(a)(1) of the Clean Water Act, 33 U.S.C. 1341(a)(1).

Dated: June 17, 2021.

Kimberly D. Bose,

Secretary.

# Footnotes

1.                             The Commission's Rules of Practice and Procedure provide that, if a filing deadline falls on a Saturday, Sunday, holiday, or other day when the Commission is not open for business, the filing deadline does not end until the close of business on the next business day. 18 CFR 385.2007(a)(2) (2020). Because the end of the one-year time period falls on a Saturday (March 12, 2022), the period is extended until the close of business on Monday, March 14, 2022.                    
        Back to Citation      

[FR Doc. 2021-13299 Filed 6-23-21; 8:45 am]

BILLING CODE 6717-01-P
INTERNATIONAL LEASE FINANCE CORPORATION AND SUBSIDIARIES
  COMPUTATION OF RATIOS OF EARNINGS FOR THE THREE MONTHS ENDED
                           MARCH 31, 1997
                             AND 1996
                       (DOLLARS IN THOUSANDS)

<TABLE>
<S>                                    <C>              <C>
                                             1997            1996
                                            -----           -----
                                                (Unaudited)
Earnings:
Net Income                             $   55,428      $   52,904
  Add:
    Provision for income taxes             30,543          30,546
    Fixed charges                         172,600         153,440
  Less:
    Capitalized interest                   11,953          11,982
                                       ----------       ---------
  Earnings as adjusted (A)             $  246,618       $ 224,908
                                       ==========       =========

Preferred dividend requirements        $    4,085      $    4,383
Ratio of income before provision
    for income taxes to net income           155%            158%
                                       ----------      ----------
  Preferred dividend factor on pretax
    basis                                   6,332           6,925
                                         --------       ---------
Fixed Charges:
  Interest expense                        147,437         135,090
  Capitalized interest                     11,953          11,982
  Interest factor of rents                 13,210           6,368
                                         --------         -------
  Fixed charges as adjusted (B)           172,600         153,440
                                         --------         -------
Fixed charges and preferred stock
    dividends (C)                      $  178,932       $ 160,365
                                       ==========       =========

Ratio of earnings to fixed charges
    (A) divided by (B)                       1.43x           1.47x
                                             =====           =====

Ratio of earnings to fixed charges
    and preferred stock dividends
    (A) divided by (C)                       1.38x           1.40x
                                             =====           =====
</TABLE>
<PAGE>
<PAGE>
I 

109TH CONGRESS 

1ST SESSION H. R. 1782 

To suspend temporarily the duty on palmitic acid. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 21, 2005 

Mr. JENKINS introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To suspend temporarily the duty on palmitic acid. 

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

3 SECTION 1. PALMITIC ACID. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 

‘‘ 9902.04.53 Palmitic acid (CAS No. 57– 

10–3) (provided for in subheading 2915.70.00) ............ Free No change No change On or before 

12/31/2008 ’’. 

8 (b) EFFECTIVE DATE.—The amendments made by 

9 subsection (a) applies to articles entered, or withdrawn 
2 

•HR 1782 IH 

1 from warehouse for consumption, on or after the 15th day 

2 after the date of the enactment of this Act. 

Æ
#### BROWN et al. v. MOUNT et al.

(Supreme Court, Appellate Division, Second Department.

March 14, 1899.)

Vendor and Purchaser—Marketable Title.

A judgment construing a - will through which all parties claim title-to land, though erroneous, being in an action to which every persea having any possible interest in the land was a party, makes title marketable, so that a purchaser must complete his purchase.

Appeal from special term, Kings county.

Action by Clara J. Brown and others against Henry B. Mount and! others. A motion to compel John Potts to complete his purchase off' land was denied, and plaintiffs and part of the defendants appeaL.

Reversed.

Argued before GOODRICH, P. J., and CULLEN, BARTLETT), HATCH, and WOODWARD, JJ.

William H. Hamilton, for appellants.

Van Mater Stilwell, for respondent.

PER CURIAM.

Assuming that the will of the deceased, througfe whom all parties claim title, was erroneously construed by the special* term (which we by no means assert), still the question was one fairly for litigation, and the judgment rendered in the action is conclusive ora *614all the parties; and, as there is no person having any possible interest in the title who was not made a party to the action, the title of the purchaser is absolutely secure; he is protected by the judgment. Blakeley v. Calder, 15 N. Y. 617; Jordan v. Van Epps, 85 N. Y. 427.

The order should be reversed, and motion to compel purchaser to take title granted, with $10 costs and disbursements.
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF INDIANA

SOUTH BEND DIVISION

SHAVON BOYD, )

)

Petitioner, )

)

vs. ) CAUSE NO. 3:15-CV-193

)

SUPERINTENDENT, )

)

Respondent. )

OPINION AND ORDER

This matter is before the Court on a Petition under 28 U.S.C.

Paragraph 2254 for Writ of Habeas Corpus by a person in State

Custody filed by Shavon Boyd, a pro se prisoner, on May 7, 2015.

For the reasons set forth below, the court DENIES the petition (DE

#1).

BACKGROUND

Shavon Boyd filed a habeas corpus petition challenging WCC 15-

03-0073, a prison disciplinary proceeding held at the Westville

Correctional Facility. On March 11, 2015, the Disciplinary Hearing

Body (DHB) found him guilty of Threatening/Abuse of Mail in

violation of B-213. As a result, he was sanctioned with the loss

of 30 days earned credit time, but the deprivation was suspended

and has not yet been imposed. (DE #1 at 1.) As such, he has not

yet lost any earned credit time as a result of this hearing. 

-1-
DISCUSSION

A prison disciplinary action can only be challenged in a

habeas corpus proceeding where it results in the lengthening of the

duration of confinement. Hadley v. Holmes, 341 F.3d 661, 664 (7th

Cir. 2003). Here, because this disciplinary proceeding did not

result in the lengthening of the duration of his confinement,

habeas corpus relief is not available. Because there is no relief

that he can obtain in this habeas corpus proceeding, the petition

will be denied. If in the future the suspended sanction is imposed,

then he may file another habeas corpus petition challenging this

hearing. 

CONCLUSION

For the reasons set forth above, the court DENIES the petition

pursuant to SECTION 2254 HABEAS CORPUS RULE 4 and this case is dismissed

without prejudice. (DE #1).

DATED: May 14, 2015 /s/RUDY LOZANO, Judge

United State District Court

-2-
Exhibit 10.49 NSE 2003 Form 10-K Amendment #1 to Consulting Agreement




AMENDMENT #1 TO
CONSULTING AGREEMENT 



This Amendment #1 to Consulting
Agreement (“Amendment”) is made and entered into on July 31, 2003 by and between
Nu Skin Enterprises, Inc. (“NSE”), a Delaware corporation having its principal
place of business at 75 West Center Street, Provo, Utah 84601 and Woodclyffe Group, LLC
(“Consultant”) a _____ limited liability company having its principal place of
business at 73 Turning Mill Lane, New Canaan, Connecticut 06840; each a “Party”
and collectively the “Parties”. 



RECITAL 



Effective as of April 1, 2003 the
parties entered into a Consulting Agreement (“Agreement”) wherein Consultant
agreed to provide its services (as described in the Agreement) for a period of six months.
The Agreement will expire on September 30, 2003 and it is the desire of the Parties that
it be extended from that date until December 31, 2003 pursuant to the terms and conditions
of this Amendment and the Agreement. 



AGREEMENT 



     	1. 	
          The Parties hereby agree to extend the Agreement from September 30, 2003 until
          December 31, 2003 (“Extended Term”) at which time the Agreement shall
          automatically expire. During the Extended Term, Consultant shall continue to
          provide the services at the rates set forth in the Agreement and NSE shall
          continue to make payments as set forth therein. 



          



     	2. 	
          Except as and if modified herein, the terms and provisions of the Agreement
          shall remain unmodified and continue in full force and effect. In the event of
          any conflict between the terms and provisions of the Amendment, the terms and
          provisions of this Amendment shall prevail. 



          



IN WITNESS WHEREOF, the Parties to
this Amendment have caused it to be executed on the date first above written. 





				
	Nu Skin Enterprises, Inc.	 	Woodclyffe Group, LLC	 	 	 	 	 
	/s/   M. Truman Hunt	 	/s/   Joe Ferreira	 
	By:    M. Truman Hunt	 	By:    Joe Ferreira	 
	Its:    President and CEO	 	Its:    President and CEO
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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

HAMMOND DIVISION

UNITED STATES OF AMERICA, )

)

v. ) CAUSE NO.: 2:15-CR-77-JTM-JEM

 )

SPENCER BELL, )

Defendant. ) 

FINDINGS AND RECOMMENDATION OF THE MAGISTRATE JUDGE 

UPON A PLEA OF GUILTY BY DEFENDANT SPENCER BELL

TO: THE HONORABLE JAMES T. MOODY,

UNITED STATES DISTRICT COURT

Upon Defendant Spencer Bell’s request to enter a plea of guilty pursuant to Rule 11 of the

Federal Rules of Criminal Procedure, this matter came for hearing before Magistrate Judge John E.

Martin on December 9, 2015, with the consent of Defendant Bell, counsel for Defendant Bell, and

counsel for the United States of America.

The hearing on Defendant Bell’s plea of guilty was in full compliance with Federal Rule of

Criminal Procedure 11 before the Magistrate Judge in open court and on the record.

In consideration of that hearing and the statements made by Defendant Bell under oath on

the record and in the presence of counsel, the remarks of the Assistant United States Attorney and

of counsel for Defendant Bell,

I FIND as follows:

(1) that Defendant Bell understands the nature of the charge against him to which the plea

is offered;

(2) that Defendant Bell understands his right to trial by jury, to persist in his plea of not

guilty, to the assistance of counsel at trial, to confront and cross-examine adverse witnesses, and his

right against compelled self-incrimination;
(3) that Defendant Bell understands what the maximum possible sentence is, including the

effect of the supervised release term, and Defendant Bell understands that the sentencing guidelines

apply and that the Court may depart from those guidelines under some circumstances;

(4) that the plea of guilty by Defendant Bell has been knowingly and voluntarily made and

is not the result of force or threats or of promises;

(5) that Defendant Bell is competent to plead guilty;

(6) that Defendant Bell understands that his answers may later be used against him in a

prosecution for perjury or false statement;

(7) that there is a factual basis for Defendant Bell’s plea; and further,

I RECOMMEND that the Court accept Spencer Bell’s plea of guilty to the offense charged

in Count 1 of the Indictment and that Defendant Bell be adjudged guilty of the offense charged in

Count 1 of the Indictment and have sentence imposed. A Presentence Report has been ordered. 

Should this Report and Recommendation be accepted and Defendant Bell be adjudged guilty,

sentencing before Senior Judge James T. Moody will be set at a later date by separate order. 

Objections to the Findings and Recommendation are waived unless filed and served within fourteen

(14) days. See 28 U.S.C. § 636(b)(1).

So ORDERED this 14th day of December, 2015.

s/ John E. Martin 

MAGISTRATE JUDGE JOHN E. MARTIN

UNITED STATES DISTRICT COURT

cc: All counsel of record

Honorable James T. Moody
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