alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee v. Juan CHAVEZ-VARGAS, also known as Angel Chavez, Defendant-Appellant.

No. 11-30066

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Sept. 22, 2011.

Susan Connella Amundson, Esq., Assistant U.S. Attorney, Catherine M. Maraist, Assistant U.S. Attorney, U.S. Attorney’s Office, Baton Rouge, LA, for Plaintiff-Ap-pellee.

Mark David Plaisance, Esq., Baker, LA, for Defendant-Appellant.

Before WIENER, GARZA, and CLEMENT, Circuit Judges.

*128PER CURIAM: *

D efendant-App ellant Juan Chavez-Vargas appeals the sentence imposed following his guilty plea convictions for illegal reentry by a removed alien, false use of a social security number, and possession of a false document. He contends that the district court committed reversible plain error by assessing a 12-level enhancement of his offense level, pursuant to United States Sentencing Guideline § 2L1.2(b)(l)(B), based on a determination that his prior conviction under California Health and Safety Code § 11352(a) constituted a drug trafficking offense.

Because the transcript of the guilty plea hearing from the California conviction manifests a narrowing of the charging document and shows that the portion of the statute prohibiting the selling of heroin applies to Chavez-Vargas’s conviction, the district court did not err by imposing the 12-level enhancement. *See United States v. Rodriguez,*523 F.3d 519, 524 (5th Cir.2008); *United States v. Gutierrez-Ramirez,*405 F.3d at 352, 358-359 (5th Cir.2005).

AFFIRMED.

*

 Pursuant to 5th Cir R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
#### The People of the State of New York, Respondent, v Franklyn Soleyn, Appellant.

[945 NYS2d 574]

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Parker, J), rendered May 1, 2008, convicting him of murder in the second degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the evidence was legally insufficient to establish his intent to kill the victim is unpreserved for appellate review *(see*CPL 470.05 [2]; *People v Hawkins,*11 NY3d 484, 492 [2008]; *People v Pickens,*60 AD3d 699, 701 [2009]). In any event, viewing the evidence in the light most favorable to the prosecution *(see People v Contes,*60 NY2d 620 [1983]), we find that it was legally sufficient to establish that the defendant intended to cause the victim’s death *(see People v Bryant,*39 AD3d 768 [2007]; *People v Jones,*229 AD2d 597 [1996]; *People v Hogan,*219 AD2d 672 [1995]). Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence *(see*CPL 470.15 [5]; *People v Danielson,*9 NY3d 342 [2007]), we nevertheless accord great deference to the jury’s opportunity to view the witnesses, hear the testimony, and observe demeanor *(see People v Mateo, 2*NY3d 383, 410 [2004], *cert denied*542 US 946 [2004]; *People v Bleakley,*69 NY2d 490, 495 [1987]). Upon reviewing the record here, we are satisfied that the verdict of guilt was not against the weight of the evidence *(see People v Romero,*7 NY3d 633 [2006]).

The sentence imposed was not excessive *(see People v Suitte,*90 AD2d 80 [1982]). Dillon, J.P., Dickerson, Austin and Miller, JJ., concur.
EXHIBIT
      32





CERTIFICATION
      OF OFFICERS


OF
      US
      GLOBAL NANOSPACE, INC.


PURSUANT
      TO 18 USC § 1350





Pursuant
      to section 906 of the Sarbanes-Oxley Act of 2002 (subsection (a) and (b) of
      Section 1350, Chapter 63 of Title 18, United States Code) each of the
      undersigned officers of US Global Nanospace, Inc. (the “Company”) does hereby
      certify, to such officer’s knowledge, that:





(a)
            The
                Annual Report on Form 10-KSB for the year ended March 31, 2006 of
                the
                Company fully complies with the requirements of section 13(a) or
                15(b) of
                the Securities Exchange Act of 1934; and




(b)
            Information
                contained in the Form 10-KSB fairly presents, in all material respects,
                the financial condition and results of operations of the
                Company.





Dated:
      September 6, 2006







/s/
      Carl
      Gruenler


Carl
      Gruenler,


Chief
      Executive Officer











/s/
      Kevin
      Cronin


Kevin
      Cronin


Chief
      Financial Officer
#### The People of the State of New York, Respondent, v Thomas O’Dell, Appellant.

Appeal by defendant from a judgment of the County Court, Dutchess County (Aldrich, J.), rendered April 23,1982, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

Defendant’s guilt was proven beyond a reasonable doubt *(see, People v Contes,*60 NY2d 620, 621). There was ample evidence from which the jury could infer that defendant intended to kill the victim based upon his conduct on the night in question *(see, People v Barnes,*50 NY2d 375; *People v Mackey,*49 NY2d 274).

Since no objection was taken by defense counsel to the court’s charge on intent, any error in that charge has not been preserved for appellate review as a matter of law *(People v Glinsman,*107 AD2d 710; *People v Mandrachio,*79 AD2d 278, *affd 55*NY2d 906, *cert denied*457 US 1122).

The court properly exercised its discretion in allowing the prosecutor to introduce, on rebuttal, a sworn statement made by one of the People’s witnesses in order to negate her testimony on cross-examination which had raised a possible justification defense not previously mentioned during direct examination. Even if such proof was not actually of a rebuttal nature, the trial court could have nevertheless permitted its introduction in the interest of justice (CPL 260.30 [7]; *People v Harris,*57 NY2d 335, 345, *cert denied*460 US 1047; *People v Sterling,*95 AD2d 927, 928). Mangano, J. P., Bracken, Rubin and Kunzeman, JJ., concur.
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 the Defense

###### Department of the Army, Corps of Engineers

# AGENCY:

Army Corps of Engineers, DoD.

# ACTION:

Notice of intent; withdrawal.

# SUMMARY:

The U.S. Army Corps of Engineers, Los Angeles District, Planning Division is notifying interested parties that it has withdrawn the Notice of Intent (NOI) to develop an environmental impact statement (EIS) for the proposed Carpinteria Shoreline General Investigation (GI) feasibility study. The original NOI to prepare a EIS was published in the **Federal Register** on September 11, 2003. The proposed Carpinteria Shoreline GI feasibility study is being converted to a Continuing Authority Program (CAP) study.

# DATES:

The notice of intent to prepare an EIS published in the **Federal Register** on September 11, 2003 (68 FR 53598), is withdrawn as of July 30, 2021.

# ADDRESSES:

U.S. Army Corps of Engineers, Los Angeles District, Environmental Resources Branch, (CESPL-PDR), 915 Wilshire Blvd., Suite 930, Los Angeles, CA 90017-3489.

# FOR FURTHER INFORMATION CONTACT:

Questions regarding the withdrawal of this NOI should be addressed to Mr. Kirk Brus, 213-452-3876, or *kirk.c.brus@usace.army.mil.*

# SUPPLEMENTARY INFORMATION:

Study efforts in the Carpinteria study area will be converted to the Continuing Authorities Program (CAP) Section 103 which addresses projects of limited size, cost and complexity for Hurricane and Storm Damage Reduction.

Antoinette R. Gant,

Colonel, U.S. Army, Division Commander.

[FR Doc. 2021-16327 Filed 7-29-21; 8:45 am]

BILLING CODE 3720-58-P
<PAGE>
                                                                   EXHIBIT 23.1

                            CONSENT OF MOSS ADAMS LLP

     We consent to the incorporation by reference in the Registration 
Statement (Form S-8 No. 333-10051) of Geographics, Inc. (the "Company") 
pertaining to the Company's 1996 Stock Option Plan of our report dated August 
26, 1997 with respect to the Company's consolidated financial statements 
included in the Company's Annual Report on Form 10-K for the fiscal year 
ended March 31, 1997.

     Our audits of the financial statements referred to in our aforementioned 
report also included the financial statement schedule of Geographics, Inc. 
listed in Item 14. This financial statement schedule is the responsibility of 
the Corporation's management. Our responsibility is to express an opinion 
based on our audits. In our opinion, the financial statement schedule, when 
considered in relation to the basic financial statements taken as a whole, 
presents fairly in all material respects the information set forth therein.


Bellingham, Washington                           MOSS ADAMS LLP
September 12, 1997
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                           3,552
<SECURITIES>                                         0
<RECEIVABLES>                                    3,907
<ALLOWANCES>                                     1,153
<INVENTORY>                                     10,704
<CURRENT-ASSETS>                                17,831
<PP&E>                                         167,124
<DEPRECIATION>                                (40,690)
<TOTAL-ASSETS>                                 195,326
<CURRENT-LIABILITIES>                           17,868
<BONDS>                                        138,728
<PREFERRED-MANDATORY>                           41,467
<PREFERRED>                                          0
<COMMON>                                             1
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<TOTAL-LIABILITY-AND-EQUITY>                   195,326
<SALES>                                              0
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<TOTAL-COSTS>                                 (28,111)
<OTHER-EXPENSES>                                     0
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<INTEREST-EXPENSE>                               7,070
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<EXTRAORDINARY>                                      0
<CHANGES>                                      (2,318)
<NET-INCOME>                                  (13,228)
<EPS-PRIMARY>                                 (698.12)
<EPS-DILUTED>                                        0
        

</TABLE>
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM 1996
FINANCIAL STATEMENTS RESTATED FOR DISCONTINUED OPERATIONS AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED>

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                       2,553,955
<SECURITIES>                                 1,671,596
<RECEIVABLES>                                  437,240
<ALLOWANCES>                                    81,000
<INVENTORY>                                    460,115
<CURRENT-ASSETS>                             5,075,945
<PP&E>                                         182,881
<DEPRECIATION>                                  50,512
<TOTAL-ASSETS>                               5,208,314
<CURRENT-LIABILITIES>                          509,078
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        45,930
<OTHER-SE>                                   4,653,306
<TOTAL-LIABILITY-AND-EQUITY>                 5,208,314
<SALES>                                      1,224,871
<TOTAL-REVENUES>                             1,224,871
<CGS>                                          539,440
<TOTAL-COSTS>                                  539,440
<OTHER-EXPENSES>                             1,366,067
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               4,075
<INCOME-PRETAX>                              (759,012)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (600,779)
<DISCONTINUED>                               (158,233)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (759,012)
<EPS-PRIMARY>                                   (0.18)
<EPS-DILUTED>                                   (0.18)


</TABLE>
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IIA 

Calendar No. 430 

112TH CONGRESS 

2D SESSION S. J. RES. 37 

To disapprove a rule promulgated by the Administrator of the Environmental 

Protection Agency relating to emission standards for certain steam generating units. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 16, 2012 

Mr. INHOFE (for himself and Mr. JOHANNS) introduced the following joint 

resolution; which was read twice and referred to the Committee on Environment and Public Works 

JUNE 19, 2012 

Committee discharged pursuant to 5 U.S.C. 802(c), and placed on the 

calendar 

JOINT RESOLUTION 

To disapprove a rule promulgated by the Administrator of 

the Environmental Protection Agency relating to emission standards for certain steam generating units. 

Now, therefore, be it 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 That Congress disapproves the rule submitted by the Ad4 ministrator of the Environmental Protection Agency relatVerDate Mar 15 2010 00:55 Jun 20, 2012 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\SJ37.PCS SJ37

smartinez on DSK6TPTVN1PROD with BILLS
2 

•SJ 37 PCS 

1 ing to national emission standards for hazardous air pol2 lutants from coal- and oil-fired electric utility steam gener3 ating units and standards of performance for fossil-fuel4 fired electric utility, industrial-commercial-institutional, 

5 and small industrial-commercial-institutional steam gener6 ating units (77 Fed. Reg. 9304 (February 16, 2012)), and 

7 such rule shall have no force or effect. 


smartinez on DSK6TPTVN1PROD with BILLS

smartinez on DSK6TPTVN1PROD with BILLS
Calendar No. 430 

112TH CONGRESS 

2D SESSION S. J. RES. 37 

JOINT RESOLUTION 

To disapprove a rule promulgated by the Adminisgenerating units. relating to emission standards for certain steam trator of the Environmental Protection Agency 

JUNE 19, 2012 

Committee discharged pursuant to 5 U.S.C. 802(c), and 

placed on the calendar 


smartinez on DSK6TPTVN1PROD with BILLS
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# Official Journal L 264/2008

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 264 |
| | |
| English edition | Legislation | Volume 513 October 2008 |

ISSN 1725-2555

Official Journal

of the European Union

L 264

English edition

Legislation

Volume 513 October 2008

---

| Contents | | I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Council Regulation (EC) No 967/2008 of 29 September 2008 amending Regulation (EC) No 834/2007 on organic production and labelling of organic products | 1 |
| | | Commission Regulation (EC) No 968/2008 of 2 October 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables | 3 |
| | | Commission Regulation (EC) No 969/2008 of 2 October 2008 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 945/2008 for the 2008/2009 marketing year | 5 |

Contents

I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory

page

REGULATIONS

*

Council Regulation (EC) No 967/2008 of 29 September 2008 amending Regulation (EC) No 834/2007 on organic production and labelling of organic products

1

Commission Regulation (EC) No 968/2008 of 2 October 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables

3

Commission Regulation (EC) No 969/2008 of 2 October 2008 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 945/2008 for the 2008/2009 marketing year

5

| | | II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory |
| --- | --- | --- |
| | | DECISIONS |
| | | Commission |
| | | 2008/773/EC |
| | * | Commission Decision of 2 October 2008 concerning the financial contribution by the Community, for the year 2008, towards a pilot project in the field of health professionals | 7 |

II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory

DECISIONS

Commission

2008/773/EC

*

Commission Decision of 2 October 2008 concerning the financial contribution by the Community, for the year 2008, towards a pilot project in the field of health professionals

7

| | | |
| --- | --- | --- |
| | * | Note to the reader (see page 3 of the cover) | s3 |

*

Note to the reader (see page 3 of the cover)

Note to the reader

s3

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.