alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

for the Fifth Circuit ____________

No. 23-10729

Summary Calendar

____________

United States of America, 

Plaintiff—Appellee,

versus

Nathan Barrientez, 

Defendant—Appellant.

______________________________

Appeal from the United States District Court 

for the Northern District of Texas

USDC No. 2:22-CR-98-2

______________________________

Before King, Haynes, and Graves, Circuit Judges.

Per Curiam:*

The attorney appointed to represent Nathan Barrientez has moved for 

leave to withdraw and has filed a brief in accordance with Anders v. California, 

386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). 

Barrientez has not filed a response. We have reviewed counsel’s brief and 

the relevant portions of the record reflected therein. We concur with 

_____________________

* This opinion is not designated for publication. See 5th Cir. R. 47.5.

United States Court of Appeals

Fifth Circuit

FILED

February 5, 2024

Lyle W. Cayce

Clerk

Case: 23-10729 Document: 00517055241 Page: 1 Date Filed: 02/05/2024
No. 23-10729

2

counsel’s assessment that the appeal presents no nonfrivolous issue for 

appellate review. Accordingly, counsel’s motion for leave to withdraw is 

GRANTED, counsel is excused from further responsibilities herein, and 

the appeal is DISMISSED. See 5th Cir. R. 42.2.

Case: 23-10729 Document: 00517055241 Page: 2 Date Filed: 02/05/2024
# L_2009139EN.01000101.xml

| 5.6.2009 | EN | Official Journal of the European Union | L 139/1 |
| --- | --- | --- | --- |

5.6.2009

EN

Official Journal of the European Union

L 139/1

---

COMMISSION REGULATION (EC) No 458/2009

of 4 June 2009

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.

Article 2

This Regulation shall enter into force on 5 June 2009.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 4 June 2009.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 299, 16.11.2007, p. 1.

1

(2)  
  OJ L 350, 31.12.2007, p. 1.

2

---

ANNEX

Standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | IL | 69,6 |
| MA | 137,6 |
| TR | 56,3 |
| ZZ | 87,8 |
| 0707 00 05 | MK | 27,4 |
| TR | 136,5 |
| ZZ | 82,0 |
| 0709 90 70 | TR | 114,7 |
| ZZ | 114,7 |
| 0805 50 10 | AR | 56,1 |
| TR | 60,0 |
| ZA | 58,9 |
| ZZ | 58,3 |
| 0808 10 80 | AR | 113,4 |
| BR | 74,1 |
| CA | 69,7 |
| CL | 88,7 |
| CN | 90,6 |
| NZ | 105,9 |
| US | 120,6 |
| UY | 71,7 |
| ZA | 72,0 |
| ZZ | 89,6 |
| 0809 10 00 | TR | 235,2 |
| ZZ | 235,2 |
| 0809 20 95 | US | 453,6 |
| ZZ | 453,6 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

IL

69,6

MA

137,6

TR

56,3

ZZ

87,8

0707 00 05

MK

27,4

TR

136,5

ZZ

82,0

0709 90 70

TR

114,7

ZZ

114,7

0805 50 10

AR

56,1

TR

60,0

ZA

58,9

ZZ

58,3

0808 10 80

AR

113,4

BR

74,1

CA

69,7

CL

88,7

CN

90,6

NZ

105,9

US

120,6

UY

71,7

ZA

72,0

ZZ

89,6

0809 10 00

TR

235,2

ZZ

235,2

0809 20 95

US

453,6

ZZ

453,6

---

(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
  ZZ
  ’ stands for ‘of other origin’.

---
USGS 11507001 - UPPER KLAMATH LAKE NR K.FALLS(WEIGHT/MEAN ELEV), ORLatitude: 42.25Longitude: -121.815Elevation: 4140

USGS 11507001 - UPPER KLAMATH LAKE NR K.FALLS(WEIGHT/MEAN ELEV), OR

Courtesy NRCS - Go to Swan Lake Mtn Site Page...



Swan Lake Mtn

Courtesy NRCS - Go to Cold Springs Camp Site Page...



Cold Springs Camp
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM 10-K
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                       6,180,983
<SECURITIES>                                         0
<RECEIVABLES>                                4,123,295
<ALLOWANCES>                                   242,724
<INVENTORY>                                  1,300,691
<CURRENT-ASSETS>                            13,323,527
<PP&E>                                         283,126
<DEPRECIATION>                                  63,443
<TOTAL-ASSETS>                              13,748,650
<CURRENT-LIABILITIES>                        4,039,796
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        25,465
<OTHER-SE>                                   9,683,389
<TOTAL-LIABILITY-AND-EQUITY>                13,748,650
<SALES>                                     29,846,795
<TOTAL-REVENUES>                            29,846,795
<CGS>                                        5,735,238
<TOTAL-COSTS>                                5,735,238
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               8,185
<INCOME-PRETAX>                              3,569,917
<INCOME-TAX>                                 1,437,364
<INCOME-CONTINUING>                          2,132,553
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 2,132,553
<EPS-PRIMARY>                                     0.08
<EPS-DILUTED>                                     0.08
        

</TABLE>
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1991 Reported in House (RH)]

                                                 Union Calendar No. 109
114th CONGRESS
  1st Session
                                H. R. 1991

                      [Report No. 114-151, Part I]

   To extend the authority of the Secretary of the Interior and the 
  Secretary of Agriculture to carry out the Federal Lands Recreation 
                Enhancement Act, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 23, 2015

   Mr. Bishop of Utah (for himself and Mr. Grijalva) introduced the 
    following bill; which was referred to the Committee on Natural 
   Resources, and in addition to the Committee on Agriculture, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

                             June 12, 2015

            Reported from the Committee on Natural Resources

                             June 12, 2015

The Committee on Agriculture discharged; committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL

 
   To extend the authority of the Secretary of the Interior and the 
  Secretary of Agriculture to carry out the Federal Lands Recreation 
                Enhancement Act, and for other purposes.

 

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Lands Recreation Enhancement 
Act Extension Act of 2015''.

SEC. 2. EXTENSION OF AUTHORITY UNDER FEDERAL LANDS RECREATION 
              ENHANCEMENT ACT.

    Section 810 of the Federal Lands Recreation Enhancement Act (16 
U.S.C. 6809) is amended to read as follows:

``SEC. 810. SUNSET PROVISION.

    ``The authority of the Secretary to carry out this title shall 
terminate on September 30, 2017.''.
                                                 Union Calendar No. 109

114th CONGRESS

  1st Session

                               H. R. 1991

                      [Report No. 114-151, Part I]

_______________________________________________________________________

                                 A BILL

   To extend the authority of the Secretary of the Interior and the 
  Secretary of Agriculture to carry out the Federal Lands Recreation 
                Enhancement Act, and for other purposes.

_______________________________________________________________________

                             June 12, 2015

            Reported from the Committee on Natural Resources

                             June 12, 2015

The Committee on Agriculture discharged; committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed
```
##### 



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
  (1)
    
    The Report fully complies with the requirements of section 13(a) or 15(d) of
the Securities Exchange Act of 1934 to the best of my knowledge; and(2)
    
    The information contained in the Report fairly presents, in all material
respects, the financial condition of the Company at the end of the period covered by
the Report and results of operations for the Company for the period covered by the
Report.
  /s/ Godfrey R. SullivanGodfrey R. SullivanChief Executive Officer
EXHIBIT 32.2

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 Annual Report of SRS Labs, Inc. (the "Company") on Form 10-K for the year ending December 31, 2003 as
filed with the Securities and Exchange Commission on the date hereof (the "Report"), Janet M. Biski, Chief Financial Officer of the Company, hereby certifies, pursuant to 18 U.S.C. 1350, as adopted
pursuant to 906 of the Sarbanes-Oxley Act of 2002, that, to his knowledge:

|                      |  |     |  |                                                                                      
|--------------------- |  | --- |  | -------------------------------------------------------------------------------------
|                      |  |     |  |                                                                                      
|Dated: March 29, 2004 |  | By: |  |                                                                                      
|                      |  |     |  | /s/JANET M. BISKIJanet M. Biski Chief Financial
Officer
(Principal Financial Officer)

---

QuickLinks
SNAKE CREEK NEAR CHARLESTON, UTLatitude: 40.485Longitude: -111.466Elevation: 5431

SNAKE CREEK NEAR CHARLESTON, UT

Courtesy NRCS - Go to Atwater Site Page...



Atwater

Courtesy NRCS - Go to Brighton Site Page...



Brighton

Courtesy NRCS - Go to Thaynes Canyon Site Page...



Thaynes Canyon
Electronically Filed

Intermediate Court of Appeals

CAAP-11-0000646

27-JUN-2014

08:55 AM
gnft-ex45_441.htm



Exhibit 4.5

 

Summary of 2019 Free Shares (AGA) Plans

 

Free shares or AGA (actions gratuites) are shares of our Company that are granted to the beneficiary for free. They vest (i.e. the grant becomes definitive) after a minimum vesting period of one (1) year and can be subject to a lock-up period of at least one (1) further year. The sum of the vesting period and the lock-up period cannot be less than two (2) years (three (3) years for older plans) and, if there is no lock-up period, the vesting period must be of at least two (2) years (three (3) years for older plans). The total number of free shares granted (whether or not they are vested) cannot exceed 10% of our share capital.

 

Administration. Pursuant to delegations granted at our general meeting of the shareholders, our board of directors determines (and formerly our executive board (directoire) determined) the list of the beneficiaries, the grant dates, the number of AGA granted and the terms and conditions of the AGA, including their vesting schedule and, if any, lock-up period.

 

Grants. Our AGA were granted to our Chief Executive Officer and Chairman of our board of directors and employees of our Company. A total of 36,788 AGA have been granted and a total of 36,626 AGA have been accepted by the beneficiaries under two (2) plans in 2019. We have different AGA plans for senior managers and executive officers (AGA D) and for other employees (AGA S). In 2019, we had one (1) AGA D plan (AGA D 2019) and one (1) AGA S plan (AGA S 2019), with different terms and conditions as set out below.

 

Underlying shares. Our AGA are new ordinary shares of our Company that are issued upon vesting of the AGA.

 

Until they are vested, the number of AGA to which each beneficiary has right can be adjusted, upwards or downwards, as a result of certain corporate transactions, such as rights issues.

 

Standard terms. Our AGA will be definitively granted following a vesting period at the end of which the beneficiary must be effectively present in our Company or its consolidated subsidiaries (subject to exceptions) and subject to the realization of performance conditions that are assessed by our board of directors.

 

The terms and conditions of our AGA in respect of each of our plans are as follows:

 


	
 
	
 
	
Performance condition(s)
	
 
	
Assessment date(s) of
presence and
performance conditions
and end of vesting
period
	
 
	
Lock-up period end
date

	
AGA D 2019
	
 
	
(i) Internal performance (1)


(ii) External performance (2)
	
 
	
September 16, 2022
	
 
	
September 17, 2022

	
AGA S 2019
	
 
	
Internal performance (1)
	
 
	
September 16, 2022
	
 
	
September 17, 2022




 

 



(1)         Based on the achievement of milestones in our development.

(2)         Based on the evolution of the share price of our ordinary shares.
* 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. 97-20474 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

RONALD WAYNE SAPP,

Defendant-Appellant.

Appeal from the United States District Court for the

Southern District of Texas
(H-96-CR-22501)

February 25, 1998 Before GARWOOD, DeMOSS and PARKER, Circuit Judges. *

PER CURIAM:

Ronald Wayne Sapp appeals his guilty plea conviction for being

a felon in possession of a firearm in vi olation of 18 U.S.C. §

922(g)(1). Sapp argues that the federal government cannot,

consistent with the Interstate Commerce Clause, the Tenth

Amendment, and in the wake of United States v. Lopez , 514 U.S. 549,1 Here, Sapp apparently never traveled interstate with the

weapon and did not obtain it through interstate channels; his possession of it was in Texas in 1994 and 1995, and it apparently had been in Texas, owned by his father and subsequently his mother, continuously for more than forty years. At some unspecified time prior to Sapp’s father’s acquisition of the weapon (apparently in Texas)

—— which seems to have been before Sapp was born

—— it had been manufactured outside of Texas; no other connection or relation to interstate commerce is alleged or even suggested by the record.

2 567-68 (1995), punish a felon’s mere possession of a firearm that

has traveled in interstate commerce at some unspecified time in the

past because such possession lacks a su fficient nexus with

inter state commerce. 1 Section 922(g)(1) has been upheld

consistently as constitutional. S ee United States v. Kuba n , 94

F.3d 971-973 (5th Cir. 1996), cert. denied , 117 S.Ct. 716 (1997);

United States v. Rawls , 85 F.3d 240, 242 (5th Cir. 1996).

AFFIRMED
#### In the Matter of Debraun M., a Child Alleged to he Neglected. Administration for Children’s Services, Respondent; Walter C., Appellant. (Proceeding No. 1.) In the Matter of Jermaine M., a Child Alleged to be Neglected. Administration for Children’s Services, Respondent; Walter C., Appellant. (Proceeding No. 2.)

Submitted February 13, 2007;

decided May 1, 2007

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceedings within the meaning of the Constitution.
IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

OMNI GEN RESEARCH, et al, 

Plaintiffs, 

v. 

YONGQIANG WANG, et al, 

Defendants, 

MCSHANE, Judge: 

Civ. No. 6:16-cv-00268-MC 

ORDER 

Plaintiffs' Motion to Dismiss Amended Counterclaims (ECF No. 76) is DENIED as 

moot, since it pertained to the Defendants' prior pleading (ECF No. 76), which has since been 

replaced by the Defendants' Second Amended Answer, Affirmative Defenses and Counterclaims 

of Defendants (ECF No. 83) filed on July 21, 2016. 

Case 6:16-cv-00268-MC Document 86 Filed 07/27/16 Page 1 of 2
IT IS SO ORDERED. 

DATED this 27th day of July, 2016. 

Isl Michael J. McShane 

Michael J. McShane 

United States District Judge 

Case 6:16-cv-00268-MC Document 86 Filed 07/27/16 Page 2 of 2
##### 



CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER
OF CNL HOTELS & RESORTS, INC.
PURSUANT TO RULE 13a-14(a), AS ADOPTED PURSUANT TO
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    I have reviewed this Annual Report on Form 10-K of the registrant;2.
    
    Based on my knowledge, this report does not contain any untrue
statement of a material fact or omit to state a material fact necessary
to make the statements made, in light of the circumstances under which
such statements were made, not misleading with respect to the period
covered by this report;3.
    
    Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material
respects the financial condition, results of operations and cash flows
of the registrant as of, and for, the periods presented in this report;4.
    
    The registrants other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as
defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the
registrant and have:
 a.
    
    Designed such disclosure
controls and procedures, or
caused such disclosure controls
and procedures to be designed
under our supervision, to ensure
that material information
relating to the registrant,
including its consolidated
subsidiaries, is made known to
us by others within those
entities, particularly during
the period in which this report
is being prepared;b.
    
    Evaluated the effectiveness of
the registrants disclosure
controls and procedures and
presented in this report our
conclusions about the
effectiveness of the disclosure
controls and procedures, as of
the end of the period covered by
this report based on such
evaluation; andc.
    
    Disclosed in this report any
change in the registrants
internal control over financial
reporting that occurred during
the registrants fourth fiscal
quarter that has materially
affected, or is reasonably
likely to materially affect, the
registrants internal control
over financial reporting; and
 5.
    
    The registrants other certifying officer and I have disclosed, based
on our most recent evaluation of internal control over financial
reporting, to the registrants auditors and the audit committee of the
registrants board of directors:
 a.
    
    All significant deficiencies and
material weaknesses in the
design or operation of internal
control over financial reporting
which are reasonably likely to
adversely affect the
registrants ability to record,
process, summarize and report
financial information; andb.
    
    Any fraud, whether or not
material, that involves
management or other employees
who have a significant role in
the registrants internal
control over financial
reporting.
 By: /s/ C. Brian StricklandDate: March 31, 2006
    
    Name:
    C. Brian StricklandExecutive Vice President, Chief Financial Officer 
and Treasurer (Principal Financial Officer)
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-30-2000
<PERIOD-START>                             JUL-01-1999
<PERIOD-END>                               JUN-30-2000
<CASH>                                           8,239
<SECURITIES>                                         0
<RECEIVABLES>                                       81
<ALLOWANCES>                                        10
<INVENTORY>                                        128
<CURRENT-ASSETS>                                 8,544
<PP&E>                                           4,207
<DEPRECIATION>                                   3,404
<TOTAL-ASSETS>                                  12,408
<CURRENT-LIABILITIES>                            4,305
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      1,745
<COMMON>                                           165
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                    12,408
<SALES>                                         12,117
<TOTAL-REVENUES>                                13,547
<CGS>                                            7,234
<TOTAL-COSTS>                                   16,610
<OTHER-EXPENSES>                                   506
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 184
<INCOME-PRETAX>                                (3,729)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (3,729)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (3,729)
<EPS-BASIC>                                      (.24)
<EPS-DILUTED>                                    (.24)


</TABLE>