alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 12-41032

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

ENRIQUE PERALES ORDUNA,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 5:12-CR-324-1

Before STEWART, Chief Judge, and KING and CLEMENT, Circuit Judges.

PER CURIAM:*

Enrique Perales Orduna (Perales) appeals the 63-month sentence imposed

following his conviction for illegal reentry following deportation in violation of

8 U.S.C. § 1326. Perales argues that the district court plainly erred by imposing

a 16-level enhancement pursuant to U.S.S.G. § 2L1.2(b)(1)(A)(ii) based on his

prior conviction for indecency with a child under § 21.11(a)(2) of the Texas Penal

Code. 

United States Court of Appeals

Fifth Circuit

F I L E D

May 23, 2013

Lyle W. Cayce

Clerk

* 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.

 Case: 12-41032 Document: 00512251778 Page: 1 Date Filed: 05/23/2013
No. 12-41032

Perales’s argument is foreclosed by our decisions in United States v.

Rodriguez, 711 F.3d 541, 562-63 (5th Cir. 2013) (en banc), and United States v.

Zavala-Sustaita, 214 F.3d 601, 604-08 (5th Cir. 2000). To the extent that

Perales argues that his prior conviction for indecency with a child does not

constitute sexual abuse of a minor and thus is not an aggravated felony under

8 U.S.C. § 1101(a)(43)(A) for purposes of the enhanced penalty provision in §

1326(b)(2), that argument is also foreclosed. See Zavala-Sustaita, 214 F.3d at

607-08.

Accordingly, the judgment of the district court is AFFIRMED.

2

 Case: 12-41032 Document: 00512251778 Page: 2 Date Filed: 05/23/2013
In the

United States Court of Appeals

For the Eleventh Circuit

____________________

No. 17-13561

____________________

REPRODUCTIVE HEALTH SERVICES, 

on behalf of its patients, physicians and staff, 

JUNE AYERS,

RN, 

Plaintiffs-Appellees,

versus

LUTHER STRANGE,

in his official capacity as Attorney General of the State of Alabama,

Defendant,

DARYL D. BAILEY,

in his official capacity as District Attorney of Montgomery County, 

Alabama,

USCA11 Case: 17-13561 Date Filed: 01/27/2022 Page: 1 of 2
2 17-13561

STEVE T. MARSHALL, 

in his official capacity as Attorney General of the State of Alabama, 

Defendants-Appellants.

____________________

Appeal from the United States District Court

for the Middle District of Alabama

D.C. Docket No. 2:14-cv-01014-SRW

____________________

Before WILLIAM PRYOR, Chief Judge, WILSON, JORDAN,

ROSENBAUM, JILL PRYOR, NEWSOM, BRANCH, GRANT, LUCK, LAGOA,

Circuit Judges.



BY THE COURT:

A petition for rehearing having been filed and a member of this 

Court in active service having requested a poll on whether this appeal should be reheard by the Court sitting en banc, and a majority 

of the judges in active service on this Court having voted in favor 

of granting rehearing en banc, IT IS ORDERED that this appeal 

will be reheard en banc. The panel’s opinion is VACATED.

 Judge Brasher recused himself and did not participate in the en banc poll.

USCA11 Case: 17-13561 Date Filed: 01/27/2022 Page: 2 of 2
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Page 1 – STIPULATED GENERAL JUDGMENT OF DISMISSAL WITH PREJUDICE

PORTLAND CITY ATTORNEY’S OFFICE 

1221 SW 4TH AVENUE, RM 430 

PORTLAND, OREGON 97204 

(503) 823-4047

J. SCOTT MOEDE, Oregon State Bar ID Number 934816 

Chief Deputy City Attorney 

Email: scott.moede@portlandoregon.gov 

Office of City Attorney 

1221 SW 4th Avenue, Suite 430 

Portland, OR 97204 

Telephone: (503) 823-4047 

Facsimile: (503) 823-3089 

Attorney for Defendant 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

PORTLAND DIVISION 

ROBERT LEE WEST, 

 PLAINTIFF, 

 v. 

CITY OF PORTLAND, and PORTLAND 

POLICE BUREAU, 

 DEFENDANTS.

3:15-cv-00715-ST

STIPULATED GENERAL JUDGMENT 

OF DISMISSAL WITH PREJUDICE 

Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, plaintiff and 

defendant hereby stipulate as follows: 

1. Plaintiff hereby dismisses his Complaint with prejudice in the above-captioned 

matter. 

2. All parties hereto agree that the dismissal stipulated herein is with prejudice, and 

that no costs or disbursements or attorneys' fees will be assessed against any party. 

IT IS SO STIPULATED: 

/s/ Greg Lockwood /s/ J. Scott Moede 

Greg Lockwood, OSB #114415 J. Scott Moede, OSB #934816 

Attorney for Plaintiff Of Attorneys for Defendant 

 City of Portland 

Dated: 4/5/2016 Dated: 4/5/2016
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-11293 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JUAN RODRIQUEZ, also known as Juan Rodriguez, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 5:94-CR-24-ALL-C

-------------------- Before BARKSDALE, DeMOSS, and CLEMENT, Circuit Judges.

PER CURIAM: * Juan Rodriquez was convicted following a guilty plea of being a felon in possession of a firearm and was sentenced to 35 months’ imprisonment to be followed by a three-year term of supervised release. After his term of supervised release commenced, Rodriquez violated the conditions of his release, and he was sentenced to 18 months’ imprisonment following the revocation of his supervised release. United States Court of Appeals Fifth Circuit 

## F I L E D June 22, 2004 Charles R. Fulbruge III ClerkNo. 03-11293 -2- Rodriquez appeals from this sentence, arguing that it is plainly unreasonable and that the district court erred by failing to articulate its reasons for imposition of the sentence or its consideration of the applicable statutory factors in 18 U.S.C. § 3553(a), including the policy statements in Chapter 7 of the sentencing guidelines. Rodriquez’s sentence was within the statutory maximum and was not plainly unreasonable. See United States v. Mathena , 23 F.3d 87, 93-94 (5th Cir. 1994). Prior to sentencing, the district court was provided with an explanation of Rodriquez’s violations, the Supervised Release Violation Report, stating the sentencing options and updating Rodriquez’s personal history, and the argument of defense counsel. “Absent a contrary indication in the record, such evidence implies that the district court was aware of and considered the § 3553(a) factors.” United States v. Izaguirre-Losoya , 219 F.3d 437, 440-42 (5th Cir. 2000). The district court implicitly considered the necessary factors and, thus, its failure to state its reasons was not plain error. See United States v. Gonzalez , 250 F.3d 923, 930-31 (5th Cir. 2001); Izaguirre-Losoya , 219 F.3d at 441-42.

AFFIRMED.
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Unassociated Document


    Exhibit
10.1

    


    December
12, 2008

    


    Robert
Segal, M.D., F.A.C.P.

    c/o
Discovery Laboratories, Inc.

    2600
Kelly Road

    Suite
100

    Warrington,
PA 18976

    


    Re:           Amendment
to Employment Agreement

    


    Dear Dr.
Segal,

    


    This
amendment is attached to and made part of the Amended and Restated Employment
Agreement dated as of May 4, 2006 between you and Discovery Laboratories, Inc.,
as amended (the “Agreement”).  Effective
as of the date hereof the parties hereby agree that certain provisions of the
Agreement are revised as set forth below.  Capitalized terms used
herein and not otherwise defined shall have the meanings ascribed to such terms
as set forth in the Agreement.

    


    Section 2
of the Agreement is hereby amended to provide (i) that the Term of the Agreement
shall continue through May 3, 2010, and (ii) that, commencing on May 4, 2010,
and on each May 4th
thereafter, the Term of the Agreement shall automatically be extended for one
additional year, except in the event of notice as provided for
therein.

    


    Except as
amended herein, the remaining terms and conditions of the Agreement shall remain
in full force and effect.  This addendum confirms an agreement between
you and the Company with respect to the subject matter hereof and is a material
part of the consideration stated in the Agreement and mutual promises made in
connection therewith.  Please indicate your acceptance of the terms
contained herein by signing both copies of this amendment, retaining one copy
for your records, and forwarding the remaining copy to the Company.

    


    


    DISCOVERY
LABORATORIES, INC.

    


    
       

      
        	 	 	 	 	 	 
	By:	
                 

              	 	 	
                 

              	 
	Name:	
                Robert
      J. Capetola, Ph.D.

              	 	 	
                 

              	 
	Title:	
                President
      and CEO

              	 	 	
                 

              	 


      

       

       

      Accepted
and Agreed to:

      


      
        	 	 	 	 	 	 
	/s/
      Robert Segal, M.D., F.A.C.P.	 	 	
                 

              	 
	Name:	
                Robert
      Segal, M.D., F.A.C.P.
EXHIBIT
99.4

CERTIFICATION PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C.
SECTION 1350)

In connection with the Annual Report
of Cenex Harvest States Cooperatives (the Company), on
Form 10-K/A for the year ending August 31, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the
Report), I, John D. Johnson, President and Chief
Executive Officer of the Company, certify, 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
result of operations of the
Company.

> /s/ John D.
> JohnsonJohn D. JohnsonPresident and
> Chief Executive Officer June 27,
> 2003

A
signed original of this written statement required by Section 906, or
other document authenticating, acknowledging, or otherwise adopting the
signature that appears in typed form within the electronic version of
this written statement required by Section 906, has been provided to
Cenex Harvest States Cooperatives and will be retained by Cenex Harvest
States Cooperatives and furnished to the Securities and Exchange
Commission or its staff upon request.



---
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#### JONES, Appellant, v. AETNA INS. CO. OF HARTFORD et al., Respondents.

(Supreme Court, Appellate Division, Third Department.

January 20, 1896.)

Action by Truman Jones against Aetna Insurance Company of Hartford and others.

No opinion. Motion denied, with 810 costs and Jisbursements.
**Exhibit 32.1**

 

**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 Young Innovations (the “Company”) on Form 10-Q for the period ending September 30, 2009 filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned Chief Executive Officer and Chief Financial Officer of the Company hereby certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to 906 of the Sarbanes-Oxley Act of 2002 that based on their knowledge (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 as of and for the periods covered in the Report.  

 

 

 

|   | */s/* | *Alfred E. Brennan, Jr.* |
|--------|-------|--------------------------|

|   | ------------------------------------------------------------ |
|--------|--------------------------------------------------------------|

|   | Alfred E. Brennan, Jr. |
|--------|------------------------|

|   | Chief Executive Officer |
|--------|-------------------------|

 

| * * | */s/* | *Arthur L. Herbst, Jr.* |
|----------|-------|-------------------------|

|   | ------------------------------------------------------------ |
|--------|--------------------------------------------------------------|

|   | Arthur L. Herbst, Jr. |
|--------|-----------------------|

|   | President and Chief Financial Officer |
|--------|---------------------------------------|