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

for the Fifth Circuit

No. 20-60459

Summary Calendar

David Diaz-Barriga, 

Petitioner,

versus

Merrick Garland, U.S. Attorney General, 

Respondent.

Petition for Review of an Order of the

Board of Immigration Appeals

BIA No. A208 549 799

Before King, Smith, and Wilson, Circuit Judges.

Per Curiam:*

David Diaz-Barriga, a native and citizen of Mexico, petitions this court 

to review the decision of the Board of Immigration Appeals (BIA) summarily 

affirming the decision of the Immigration Judge (IJ) denying his application 

for withholding of removal and relief under the Convention Against Torture 

* Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited 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 Circuit Rule 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

May 12, 2021

Lyle W. Cayce

Clerk

Case: 20-60459 Document: 00515859034 Page: 1 Date Filed: 05/12/2021
No. 20-60459

2

(CAT). Diaz-Barriga asserts generally that the IJ erred by determining that 

he had not established a well-founded fear of future persecution based on a 

protected ground (i.e., his political opinion) and that he had not shown that 

he would be tortured by, or with the acquiescence of, the Mexican 

government if he returned to Mexico. 

We review the BIA’s factual findings for substantial evidence and 

questions of law de novo. Lopez-Gomez v. Ashcroft, 263 F.3d 442, 444 (5th 

Cir. 2001). The substantial-evidence standard applies to review of decisions 

denying withholding of removal and relief under the CAT. Zhang v. 

Gonzales, 432 F.3d 339, 344 (5th Cir. 2005). Under this standard, “this court 

may not overturn the BIA’s factual findings unless the evidence compels a 

contrary conclusion.” Gomez-Palacios v. Holder, 560 F.3d 354, 358 (5th Cir. 

2009) (citation omitted).

Regarding a well-founded fear of future persecution necessary to 

establish withholding of removal, Diaz-Barriga testified that he is not 

politically active in Mexico and that he was attacked and robbed by two 

unknown individuals, who mentioned nothing regarding his political opinion

during the attack. Thus, the IJ’s conclusion that there was a lack of nexus 

between the alleged persecution and the protected ground is supported by 

substantial evidence. See Carbajal-Gonzalez v. INS, 78 F.3d 194, 197 (5th Cir. 

1996); see also 8 C.F.R. § 208.16(b)(2). Further, because Diaz-Barriga’s

claim that he will be tortured if he returns to Mexico is entirely baseless, the 

record does not compel the conclusion that he will, more likely than not, be 

subjected to torture if removed to Mexico. See Bah v. Ashcroft, 341 F.3d 348, 

351-52 (5th Cir. 2003); see also 8 C.F.R. § 208.18(a)(1). 

Accordingly, the petition for review is DENIED. 

Case: 20-60459 Document: 00515859034 Page: 2 Date Filed: 05/12/2021
EXHIBIT 13.1

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350 AS REQUIRED BY SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of Embraer Empresa Brasileira de Aeronáutica S.A. (the Company) on Form 20-F for the fiscal year ended December 31, 2004, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Maurício Novis Botelho, President and Chief Executive Officer of the Company, certify that to the best of my 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.

| | June 30, 2005 | By:    | /s/ MAURÍCIO NOVIS   BOTELHO           
| | ------------- | ------ | ---------------------------------------
| |               |        |                                        
| |               | Name:  | Maurício Novis Botelho                 
| |               | Title: | President   and Chief Executive Officer

---
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE  CONTAINS SUMMARY FINANCIAL  INFORMATION  EXTRACTED FROM THE MARCH
31, 2000  FINANCIAL  STATEMENTS AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK>  0001043225
<NAME> Advanced Engine Technologies Inc.
<MULTIPLIER>                                   1
<CURRENCY>                                     US Dollars

<S>                             <C>
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<FISCAL-YEAR-END>                              JUN-30-2000
<PERIOD-START>                                 JUL-01-1999
<PERIOD-END>                                   MAR-31-2000
<EXCHANGE-RATE>                                      1
<CASH>                                       1,668,231
<SECURITIES>                                    19,664
<RECEIVABLES>                                       00
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<CURRENT-ASSETS>                             1,668,875
<PP&E>                                         135,637
<DEPRECIATION>                                  45,477
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<COMMON>                                        22,950
<OTHER-SE>                                   3,264,946
<TOTAL-LIABILITY-AND-EQUITY>                 3,287,896
<SALES>                                              0
<TOTAL-REVENUES>                                49,319
<CGS>                                                0
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<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                             (1,300,105)
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<INCOME-CONTINUING>                         (1,300,105)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                (1,300,105)
<EPS-BASIC>                                      (.057)
<EPS-DILUTED>                                    (.057)


</TABLE>
#### Christian & Craft Grocery Co. *v.*Dixie Mill Co.

Appeal from Monroe Circuit Court.

Tried before the Hon. John C. Anderson.

McIntosh & Rich, for appellant.

T. M. Stevens, for appellee.

*652Opinion by

McClellan, C. J.

This was an action of trover, brought by the appellee against the appellant, to recover damages for the conversion of a saw mill.

On the trial of the case, it was shown by the evidence, without conflict, that the property alleged to have been converted was in fully as good condition at the time of the conversion in May, 1896, as it was the latter part of the year 1894. A witness who was known to be an expert saw mill man and acquainted with the mill involved in this suit, in the latter part of the year 1894, was allowed, against the objection of the defendant, to testify that in the year 1894 said saw mill was worth $2,000 and that if it was in as good condition on May 9,1896 — • the time of the alleged conversion — as it was the latter part of 1894, it was worth $2,000 on May 9, 1896. To the admission of this testimony the defendant reserved an exception. This ruling is the only question presented for review on the present appeal, which is prosecuted from a judgment in favor of the plaintiff. It is held that the ruling of the trial court in the admission of the testimony objected to was free from error.

The judgment in favor of the plaintiff is affirmed.
##### 



EXHIBIT 13.1 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350
AS REQUIRED BY
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 In connection with the Annual Report of Embraer Empresa Brasileira de
Aeronáutica S.A. (the Company) on Form 20-F for the fiscal year ended
December 31, 2003, as filed with the Securities and Exchange Commission on the
date hereof (the Report), I, Maurício Novis Botelho, President and Chief
Executive Officer of the Company, certify that to the best of my 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. June 30, 2004
    By:
    
    /s/ Maurício Novis BotelhoName:
    
    Maurício Novis BotelhoTitle:
    
    President and Chief Executive Officer
* 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.

United States Court of Appeals

Fifth Circuit

FILED

February 23, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 04-51264

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JORGE FLORES-VELASQUEZ,

Defendant-Appellant.

--------------------

Appeal from the United States District Court

for the Western District of Texas

USDC No. 3:03-CR-2264-ALL-KC

--------------------

Before GARZA, DENNIS, and PRADO, Circuit Judges. 

PER CURIAM:*

Jorge Flores-Velasquez (Flores) appeals from a guilty-plea

conviction for being an alien unlawfully present in the United

States after deportation. See 8 U.S.C. § 1326.

For the first time on appeal, Flores argues that the

district court violated the holding in United States v. Booker,

543 U.S. 220 (2005), by increasing his criminal history score

based upon facts not admitted by him or found by a jury and by
No. 04-51264

-2-

sentencing him under an unconstitutional sentencing guideline

scheme. Flores’s arguments are reviewed for plain error. 

See United States v. Mares, 402 F.3d 511, 520 (5th Cir.), cert.

denied, 126 S. Ct. 43 (2005). Flores does not demonstrate that

the district court would have imposed a different sentence under

an advisory guideline scheme. See id. at 521-22. Accordingly,

Flores cannot establish that his substantial rights were

affected. See id.

Flores also challenges the constitutionality of § 1326(b). 

His constitutional challenge is foreclosed by Almendarez-Torres

v. United States, 523 U.S. 224, 235 (1998). Although Flores

contends that Almendarez-Torres was incorrectly decided and that

a majority of the Supreme Court would overrule Almendarez-Torres

in light of Apprendi v. New Jersey, 530 U.S. 466 (2000), we have

repeatedly rejected such arguments on the basis that

Almendarez-Torres remains binding. See United States v.

Garza-Lopez, 410 F.3d 268, 276 (5th Cir.), cert. denied, 126 S.

Ct. 298 (2005). Flores properly concedes that his argument is

foreclosed in light of Almendarez-Torres and circuit precedent,

but he raises it here to preserve it for further review. 

AFFIRMED.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
UNAUDITED FINANCIAL STATEMENTS FOR THE NINE MONTH PERIOD ENDED FEBRUARY 28,
1998, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          MAY-31-1998
<PERIOD-END>                               FEB-28-1998
<CASH>                                           1,154
<SECURITIES>                                         0
<RECEIVABLES>                                   35,000
<ALLOWANCES>                                         0
<INVENTORY>                                    407,776
<CURRENT-ASSETS>                               462,689
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 462,689
<CURRENT-LIABILITIES>                           20,531
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           157
<OTHER-SE>                                     263,661
<TOTAL-LIABILITY-AND-EQUITY>                   462,689
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                57,710
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             (9,258)
<INCOME-PRETAX>                               (65,139)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (65,139)
<EPS-PRIMARY>                                    (.04)
<EPS-DILUTED>                                        0
        

</TABLE>
<PAGE>

                                                                    EXHIBIT 3.12

                            CERTIFICATE OF AMENDMENT
                                       TO
                          CERTIFICATE OF INCORPORATION
                                       OF
                          FIBERNET TELECOM GROUP, INC.

          FiberNet Telecom Group, Inc. (the "Corporation"), a Delaware
corporation, hereby certifies as follows:

     1. The date of filing of the Corporation's Certificate of Incorporation
(the "Certificate") with the Secretary of State of Delaware was May 17, 2000
under the name FiberNet Holdco, Inc.

     2. The Certificate is hereby amended by adding to the end of ARTICLE IV
thereof the following:

          "***
          (c) The Corporation hereby declares that each thirty (30) shares of
          the outstanding shares of the Corporation's Common Stock as of the
          date of filing of this Certificate of Amendment to the Certificate of
          Incorporation, be converted and reconstituted into one share of Common
          Stock. No fractional shares shall be issued upon such conversion and
          reconstitution. Instead, the Corporation will pay cash equal to such
          fraction multiplied by the average of the high and low trading prices
          of the Corporation's Common Stock on the Nasdaq SmallCap Market during
          regular trading hours for the five trading days immediately preceding
          the effective time of the Reverse Split, which amount is hereby
          determined to equal the fair market value of the Corporation's Common
          Stock upon the effective time of the Reverse Split."

     3. This Certificate of Amendment has been duly adopted in accordance with
Sections 228 and 242 of the General Corporation Law of the State of Delaware.

     4. This Certificate of Amendment shall be effective on May 12, 2003 at 8:30
A.M. EST.

     IN WITNESS WHEREOF, the undersigned officer of FiberNet Telecom Group, Inc.
has executed this Certificate of Amendment to the Certificate of Incorporation
this 8th day of May 2003.

                                      FIBERNET TELECOM GROUP, INC.


                                      By: /s/ Jon A. Deluca
                                          --------------------------------------
                                          Name:  Jon A. DeLuca
                                          Title: Senior Vice President - Finance
                                                 & Chief Financial Officer
Exhibit 13



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 on Form 20-F of Enodis plc (the
Company) dated December 19, 2003 filed with the Securities and Exchange Commission on the date hereof (the Report), I, David S. McCulloch, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as
adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that:



(1) The Report fully complies with the requirements of Section 13(a) 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/    DAVID S. MCCULLOCH                
|                                         
|David S. McCullochChief Executive Officer



December 19, 2003



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 on Form 20-F of Enodis plc (the Company) dated December 19, 2003 filed with the Securities and Exchange Commission on the date hereof (the Report), I, W. David Wrench, Chief
Financial Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that:



(1) The Report fully complies with the requirements of Section 13(a) 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/    W. DAVID WRENCH                
|                                      
|W. David WrenchChief Financial Officer



December 19, 2003
[Federal Register Volume 65, Number 11 (Tuesday, January 18, 2000)]
[Notices]
[Page 2633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-990]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. 99N-2097]


Agency Information Collection Activities; Announcement of OMB 
Approval; Medical Devices; Humanitarian Use Devices

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

-----------------------------------------------------------------------

SUMMARY:  The Food and Drug Administration (FDA) is announcing that a 
collection of information entitled ``Medical Devices; Humanitarian Use 
Devices'' has been approved by the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act of 1995.

FOR FURTHER INFORMATION CONTACT:  Peggy Schlosburg, Office of 
Information Resources Management (HFA-250), Food and Drug 
Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-827-1223.

SUPPLEMENTARY INFORMATION:  In the Federal Register of October 25, 1999 
(64 FR 57468), the agency announced that the proposed information 
collection had been submitted to OMB for review and clearance under 44 
U.S.C. 3507. An agency may not conduct or sponsor, and a person is not 
required to respond to, a collection of information unless it displays 
a currently valid OMB control number. OMB has now approved the 
information collection and has assigned OMB control number 0910-0332. 
The approval expires on December 31, 2002. A copy of the supporting 
statement for this information collection is available on the Internet 
at http://www.fda.gov/ohrms/dockets.

    Dated: January 10, 1999.
William K. Hubbard,
Senior Associate Commissioner for Policy, Planning, and Legislation.
[FR Doc. 00-990 Filed 1-14-00; 8:45 am]
BILLING CODE 4160-01-F
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 China BAK Battery,  Inc. (the "Company")
on Form  10-KSB for the fiscal year ended  September  30, 2005 as filed with the
Securities  Exchange  Commission  on the  date  hereof  (the  "Report").  I, Han
Yongbin, Chief Financial Officer of the Company,  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 result of operations of
          the Company.

By: /s/ Han Yongbin
   -----------------------
   Han Yongbin
   Chief Financial Officer
   December 28, 2005
# C_2021458EN.01000301.xml

| 12.11.2021 | EN | Official Journal of the European Union | C 458/3 |
| --- | --- | --- | --- |

12.11.2021

EN

Official Journal of the European Union

C 458/3

---

Notice for the attention of the persons subject to the restrictive measures provided for in Council Decision (CFSP) 2019/1894 as amended by Council Decision (CFSP) 2021/1966, and in Council Regulation (EU) 2019/1890, as implemented by Council Implementing Regulation (EU) 2021/1960

(2021/C 458/03)

The following information is brought to the attention of the persons that appear in the Annex to Council Decision (CFSP) 2019/1894 (1), as amended by Council Decision (CFSP) 2021/1966 (2), and in Annex I to Council Regulation (EU) 2019/1890 (3), as implemented by Council Implementing Regulation (EU) 2021/1960 (4) concerning restrictive measures in view of Turkey’s unauthorised drilling activities in the Eastern Mediterranean.

The Council of the European Union, after having reviewed the list of persons and entities designated in the above-mentioned Annexes, has determined that the restrictive measures provided for in Decision (CFSP) 2019/1894 and in Regulation (EU) 2019/1890 should continue to apply to those persons and entities.

The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated on the websites in Annex II of Regulation (EU) 2019/1890 concerning restrictive measures in view of Turkey’s unauthorised drilling activities in the Eastern Mediterranean, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 9 of the Regulation).

The persons concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the above-mentioned lists should be reconsidered, before 15 July 2022, to the following address:

| Council of the European Union |
| --- |
| General Secretariat |
| RELEX.1.C |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

Council of the European Union

General Secretariat

RELEX.1.C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@consilium.europa.eu

Any observations received will be taken into account for the purpose of the Council’s periodic review, in accordance with Article 13 of Decision (CFSP) 2017/2074 and Article 17(4) of Regulation (EU) 2017/2063.

The attention of the persons concerned is also drawn to the possibility of challenging the Council’s decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.

---

(1)  OJ L 291, 12.11.2019, p. 47.

(2)  OJ L 400, 12.11.2021, p. 157.

(3)  OJ L 291, 12.11.2019, p. 3.

(4)  OJ L 400, 12.11.2021, p. 11.

---