alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH C IR . 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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED December 17, 2004 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 04-40389 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus EMERITO ZELAYA-VASQUEZ, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 2:03-CR-328-1

-------------------- Before KING, Chief Judge, and DeMOSS and CLEMENT, Circuit Judges.
PER CURIAM: * Emerito Zelaya-Vasquez (Zelaya) appeals his guilty-plea conviction and sentence for being found present in the United States following deportation and removal, without having obtained the consent of the Attorney General or the Secretary of the Department of Homeland Security. Zelaya argues, pursuant to Apprendi v. New Jersey , 530 U.S. 466 (2000), that the “felony” and “aggravated felony” provisions of 8 U.S.C. § 1326(b)(1) and (2) are elements of the offense, not sentence enhancements, making those provisions unconstitutional. He concedes that thisNo. 04-40389 -2- argument is foreclosed by Almendarez-Torres v. United States , 523 U.S. 224 (1998), but raises it for possible review by the Supreme
Court.

“ Apprendi did not overrule Almendarez-Torres .” United States v. Rivera , 265 F.3d 310, 312 (5th Cir. 2001); see Apprendi , 530 U.S. at 489-90 . We must follow the precedent set in Almendarez-Torres unless the Supreme Court itself determines to overrule it. See Rivera , 265 F.3d at 312. Zelaya also argues that his sentence violates Blakely v. Washington , 124 S. Ct. 2531 (2004), because it is based on facts not admitted or found by a jury. As he concedes, this argument is foreclosed by United States v. Pineiro , 377 F.3d 464, 465-66 (5th Cir. 2004), petition for cert. filed (U.S. July 14, 2004) (No. 04-5263).
AFFIRMED.
# C_2011219EN.01001502.xml

| 23.7.2011 | EN | Official Journal of the European Union | C 219/15 |
| --- | --- | --- | --- |

23.7.2011

EN

Official Journal of the European Union

C 219/15

---

Judgment of the General Court of 15 June 2011 — Graf-Syteco v OHIM — Teco Electric & Machinery (SYTECO)

(Case T-229/10) (1)

1

(Community trade mark - Opposition proceedings - Application for Community word mark SYTECO - Earlier figurative national and Benelux marks TECO - Relative grounds for refusal - No likelihood of confusion - No similarity between the signs - Article 8(1)(b) of Regulation (EC) No 207/2009 - Partial refusal to register)

2011/C 219/20

Language of the case: German

Parties

Parties

Applicant: Graf-Syteco GmbH & Co. KG (Tuningen, Germany) (represented by: T. Kieser, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM: Teco Electric & Machinery Co. Ltd (Taipei, Taiwan)

Other party to the proceedings before the Board of Appeal of OHIM:

Re:

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 18 February 2010 (Case R 230/2009-1) concerning opposition proceedings between Teco Electric & Machinery Co. Ltd and Graf-Syteco GmbH & Co. KG

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Graf-Syteco GmbH & Co. KG to pay the costs. |
| --- | --- |

2.

Orders Graf-Syteco GmbH & Co. KG to pay the costs.

---

(1)  OJ C 195, 17.7.2010.

1

---
Case: 1:03-cr-00978 Document #: 428 Filed: 02/15/06 Page 1 of 3 PageID #:2099
Case: 1:03-cr-00978 Document #: 428 Filed: 02/15/06 Page 2 of 3 PageID #:2100
Case: 1:03-cr-00978 Document #: 428 Filed: 02/15/06 Page 3 of 3 PageID #:2101
Exhibit 99.2


                  CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350

In connection with the Quarterly Report of Globus International Resources Corp.
(the "Company") on Form 10QSB for the period ended March 31, 2003, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Herman Roth, Chief Financial Officer of the Company, hereby certify pursuant to
18 U.S.C. ss. 1350, as adopted pursuant to ss. 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.


/s/ HERMAN ROTH
-----------------------
Herman Roth
Chief Financial Officer
May 5, 2003


                                  Page 17 of 17
# United States Court of Appeals **For the Eighth Circuit**

___________________________ No. 14-1968

___________________________ Kallys Albert, Sr. lllllllllllllllllllll Plaintiff - Appellant v. Principal Financial Group; Principal Life Insurance Company lllllllllllllllllllll Defendant s Orion Associates; Meridian Services, Inc.; Stephen Hage lllllllllllllllllllll Defendants - Appellees John Doe lllllllllllllllllllll Defendant

____________ Appeal from United States District Court for the District of Minnesota - Minneapolis

____________ Submitted: December 2, 2014 Filed: December 9, 2014 [Unpublished]

____________ Before WOLLMAN, BYE, and MELLOY, Circuit Judges.

____________PER CURIAM. Kallys Albert, Sr., appeals the district court’s 1 adverse grant of summary judgment in his action under the Employee Retirement Income Security Act. Upon de novo review of the record, see Silva v. Metro. Life Ins. Co. , 762 F.3d 711, 718 (8th Cir. 2014), we agree with the district cour t that Albert failed to meet his burden of designating specific facts creating triable questions of fact, see Crossley v. Ga.-Pac. Corp. , 355 F.3d 1112, 1113-14 (8th Cir. 2004) (percuriam). The judgment of the district court is affirmed. See 8th Cir. R. 47B.

______________________________

1 The Honorable Donovan W. Frank, United States District Judge for the District of Minnesota, adopting the report and reco mmendations of the Honorable Franklin L. Noel, United States Magistrate Judge for the District of Minnesota. -2-
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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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 98-10227

Summary Calendar

 

HARUN NASSOR TALIB,

Plaintiff-Appellant,

versus

MARK A. VERNON, #6528; JEFFREY L. BURGE, #6026;

LITTLE, Officer, #5337; SMITH, Officer, #6039

JUNGER, Officer, #6388,

Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 3:98-CV-71-P

- - - - - - - - - -

July 16, 1998

Before JOLLY, BENAVIDES and PARKER, Circuit Judges.

PER CURIAM:*

Harun Nassor Talib, Texas state prisoner #97089058, appeals

the dismissal of his civil rights complaint as frivolous pursuant

to 28 U.S.C. § 1915(e)(2)(B)(i). The district court held that

his claims were premature under Heck v. Humphrey, 512 U.S. 477,

486-87 (1994). 

“[A] claim of unlawful arrest, standing alone, does not

necessarily implicate the validity of a criminal prosecution
No. 98-10227 

-2-

following the arrest.” Mackey v. Dickson, 47 F.3d 744, 746 (5th

Cir. 1995). See Montoya v. Scott, 65 F.3d 405, 421 (5th Cir.

1995) (noting the “established rule that illegal arrest or

detention does not void a subsequent conviction”). Talib’s

complaint challenges the legality of his arrest. There is no

indication in the record that any evidence served as a result of

that arrest is being used for a criminal prosecution. See

Mackey, 47 F.3d at 746. We accordingly VACATE the district

court’s dismissal invoking Heck and REMAND for further

proceedings. 

VACATED AND REMANDED.
EXHIBIT 10


EXHIBIT 10.54




Description of Oral Extension-D. Boggs Promissory Note




Summary of Terms of the Orally Agreed upon Extension to following Simple Promissory Note (with corresponding exhibit number of original note) under which Registrant is the Borrower. No periodic payments are required and principal and interest are due on the extended due date.










	Original

	 
	 
	 
	 
	 
	 

	Note

	 
	 
	Original

	Oral

	 
	Annual


	Exhibit

	 
	Loan

	Due

	Extension

	 
	%


	Number

	Lender

	Date

	Date

	Date

	Principal

	Rate


	 
	 
	 
	 
	 
	 
	 

	10.25

	D. Boggs

	06/09/2008

	09/12/2008

	12/31/2008

	$50,000.00

	10%
I

105TH CONGRESS

2D SESSION S. 1532

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 21, 1998

Referred to the Committee on Transportation and Infrastructure

AN ACT

To amend the Water Resources Development Act of 1996

to deauthorize the remainder of the project at East

Boothbay Harbor, Maine.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

S 1532 RFH

1 SECTION 1. DEAUTHORIZATION OF REMAINDER OF

2 PROJECT AT EAST BOOTHBAY HARBOR,

3 MAINE.

4 Section 364 of the Water Resources Development Act

5 of 1996 (110 Stat. 3731) is amended by striking para6 graph (9) and inserting the following:

7 ‘‘(9) EAST BOOTHBAY HARBOR, MAINE.—The

8 project for navigation, East Boothbay Harbor,

9 Maine, authorized by the first section of the Act

10 entitled ‘‘An Act making appropriations for the con11 struction, repair, and preservation of certain public

12 works on rivers and harbors, and for other pur13 poses’’, approved June 25, 1910 (36 Stat. 657).’’.

Passed the Senate June 9, 1998.

Attest: GARY SISCO,

Secretary.
Guan Zhikuan Power of Attorney



 Exhibit 10.19 
 Power of Attorney 
 I, Guan Zhikuan, a Chinese citizen with Chinese Identification Card No.:
110111197412248013, and a holder of 50% of the entire registered capital in Beijing Feijie Investment Co., Ltd. (“Feijie Investment”) (“My Shareholding”), hereby irrevocably authorize Beijing Pypo Technology Group Company Limited
(“Pypo Group”) to exercise the following rights relating to My Shareholding during the term of this Power of Attorney: 
 Pypo Group
is hereby authorized to act on behalf of myself as my exclusive agent and attorney with respect to all matters concerning My Shareholding, including without limitation to: 1) attend shareholders’ meetings of Feijie Investment; 2) exercise all
the shareholder’s rights and shareholder’s voting rights I am entitled to under the laws of China and Feijie Investment’s Articles of Association, including but not limited to the sale or transfer or pledge or disposition of My
Shareholding in part or in whole; and 3) designate and appoint on behalf of myself the legal representative, the executive director and/or director, supervisor, the chief executive officer and other senior management members of Feijie Investment.

 Without limiting the generality of the powers granted hereunder, Pypo Group shall have the power and authority under this Power of
Attorney to execute the Transfer Contracts stipulated in Exclusive Option Agreement, to which I am required to be a party, on behalf of myself, and to effect the terms of the Share Pledge Agreement and Exclusive Option Agreement, both dated the date
hereof, to which I am a party. 
 All the actions associated with My Shareholding conducted by Pypo Group shall be deemed as my own actions,
and all the documents related to My Shareholding executed by Pypo Group shall be deemed to be executed by me. I hereby acknowledge and ratify those actions and/or documents by the Pypo Group. 
 Pypo Group is entitled to re-authorize or assign its rights related to the aforesaid matters to any other person or entity at its own discretion and
without giving prior notice to me or obtaining my consent. 
 This Power of Attorney is coupled with an interest and shall be irrevocable and
continuously valid from the date of execution of this Power of Attorney, so long as I am a shareholder of Feijie Investment. 
 During the
term of this Power of Attorney, I hereby waive all the rights associated with My Shareholding, which have been authorized to Pypo Group through this Power of Attorney, and shall not exercise such rights by myself. 
 This Power of Attorney is written in Chinese and English; in case there is any conflict between the Chinese version and the English version, the Chinese
version shall prevail. 
  

 1 









			
	Zhikuan Guan 
		
	By:	 	 /s/ Zhikuan Guan




			
	September 8, 2008


  

			
	Witness:	 	 /s/ Tam Chun Wai

	Name:	 	Tam Chun Wai
	September 8, 2008

  

 2
Corey BJ•nckt'n · 1060 N. Tibbs Avenue 

Indianapolis, lndiana 46222 

Pro Se Plaintiff 

Edwin A. Hamden., OSB No. 721129 

ehru:nden@harran.com 

Senn P. Rfiy, OSB No. 075040 

sray@bm..,.·an.com 

l3arran Liebma.tt LLP 

601 SW Second Avenue 

Suite 2300 

Portland, Oregon 97204M3159 

Telephone: (503) 228-0500 

Fao!.lhuile No.: (503) 274-1212 

Attorneys for Defendant 

UNITED STATES DISTlUCT COURT 

DISTRICT OF OREGON 

COREY L. BRACKEN, 

v. 

Eugene 

Plaintiff, 

6::14nCVn01107-AA 

STIPULATE)) .JUDGMENT OF 

DlSMISSAL WITH PRl£-JUDICE 

PRO ENTERP.RISES, Ll.C, an Oregon 

Limited Liability Cornpa.uy~ 

Defendant. 

Based upon the stipulation of the parties, and it appearing that all of plaintiff's claims . 

against defendant have been :fiilly compromised and resolved1 

Ill 

Ill 

Ill 

Ill 

Ill 

Page 1 -STIPULATED JUDGMENT OF biSMlSSAL WITH PREJUDICE 

0046(i41i1.1 lli\.RRAN LI~JlMi\N LI.P 

601 'SW'$\'te'I)ND AVI!Nt)l;'; $UITil' 2300 

roR'l'LIINllt OJ\ 97204<~·1~? 

l'HONa (~0~} ~2fl-0~00 VAX (~03) 271.1m 

Case 6:14-cv-01107-AA Document 9 Filed 08/31/14 Page 1 of 2
IT IS HEREBY ORDERED AND ADJUDGED that this action is dismissed with 

prejudice and withont_p~$t$ ol' atto ~xs~ fees to any party. 

DATBDthis,=l{ dayof i_t(C' )/(-;014. 

IT IS SO STIPULATED: 

BARRAN LIEBMAN LLP 

~~e~n~--~~-.~------~-­ Pro Se Plamtiff 

By~~~~.- charnden@barrau.coro 

Sean l?. Ray, OSB No. 075040 

S'-'ay@bartM.com 

Attorneys for Defendant 

Page 2- STIPULATED JUDGMENT OF DISMISSAL WlTH PREJUDlCE 

0046(1<164.1 JIARRAN LIR»MANLL~ 

~01 SW SllCONJJ AVENU!l, AVITB noo 

PO!tti,ANJ), Oil ~7~01·m9 

Pl!ONF.. (~03) 22S.O~M FAX (~M) 274·1212 

Case 6:14-cv-01107-AA Document 9 Filed 08/31/14 Page 2 of 2
#### Samuel SMITH, Plaintiff-Appellant, v. GMAC MORTGAGE CO., Affiliates and subscribers, Defendant-Appellee.

No. 10-16677.

United States Court of Appeals, Ninth Circuit.

Submitted July 12, 2011.*

Filed July 25, 2011.

Samuel Smith, Stockton, CA, pro se.

Joshua E. Whitehair, Severson & Wer-son, San Francisco, CA, for Defendant-Appellee.

Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.

*

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

MEMORANDUM **

Samuel Smith appeals pro se from the district court’s judgment dismissing his action alleging Truth in Lending Act (“TILA”) and Home Ownership and Equity Protection Act (“HOEPA”) claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. *King v. California,*784 F.2d 910, 912 (9th Cir.1986). We affirm.

The district court properly dismissed Smith’s TILA claim seeking damages as time-barred because Smith did not file his action within one year of the alleged violations. *See*15 U.S.C. § 1640(e) (an action for damages must be brought within one year of the alleged violation).

The district court properly dismissed Smith’s TILA claim seeking rescission because the loan at issue was a “residential mortgage transaction” and therefore could not be rescinded under TILA. 15 U.S.C. § 1635(e)(1) (the right of rescission does not apply to a “residential mortgage transaction”); *id.*§ 1602(x) (defining a “residential mortgage transaction”). Likewise, the district court properly dismissed Smith’s HOEPA claim. *See*15 U.S.C. §§ 1639, 1602(bb)(l) (exempting “residential mortgage transactions” from the requirements of HOEPA).

Smith’s remaining contentions, including those concerning fraud, are unpersuasive.

We do not consider arguments and allegations raised for the first time on appeal. *See Smith v. Marsh,*194 F.3d 1045, 1052 (9th Cir.1999).

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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Andrew  Standish
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```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 58 Agreed to Senate (ATS)]

112th CONGRESS
  2d Session
S. CON. RES. 58

     Directing the Clerk of the House of Representatives to make a 
               correction in the enrollment of H.R. 4240.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             August 2, 2012

  Mr. Kerry submitted the following concurrent resolution; which was 
                        considered and agreed to

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
     Directing the Clerk of the House of Representatives to make a 
               correction in the enrollment of H.R. 4240.

    Resolved by the Senate (the House of Representatives concurring), 
That, in the enrollment of the bill (H.R. 4240) an Act to reauthorize 
the North Korean Human Rights Act of 2004, and for other purposes, the 
Clerk of the House of Representatives shall make the following 
correction: in section 7, insert ``is amended'' before ``by striking''.
                                 <all>
```