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

FOR THE FIFTH CIRCUIT

No. 12-41287

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

MAURICIO BLANCO-FORTUNA,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 1:12-CR-363-1

Before JOLLY, DENNIS, and HAYNES, Circuit Judges.

PER CURIAM:*

Mauricio Blanco-Fortuna appeals the 72-month sentence imposed

following his conviction for being illegally present in the United States following

a prior deportation subsequent to a felony conviction. He contends that the

district court erred by imposing a 16-level enhancement under § 2L1.2 of the

Sentencing Guidelines based on his prior conviction for statutory rape under

Georgia Code Annotated §16-6-3. Specifically, Blanco-Fortuna argues that his

prior offense does not satisfy the “generic, contemporary meaning” of the

United States Court of Appeals

Fifth Circuit

F I L E D

July 5, 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: 12-41287 Document: 00512297467 Page: 1 Date Filed: 07/05/2013
No. 12-41287

enumerated offenses of “statutory rape” or “sexual abuse of a minor” because the

statute of conviction prescribes a three-year age differential between the victim

and the defendant, rather than four years.

As Blanco-Fortuna concedes, his sole argument is effectively foreclosed by

our decision in United States v. Rodriguez, 711 F.3d 541 (5th Cir. 2013) (en

banc), petition for cert. filed, No. 12-10695 (U.S. June 6, 2013). In Rodriguez, we

applied a “plain-meaning” approach to determine the “generic, contemporary

meaning” of “statutory rape” and “sexual abuse of a minor” and concluded that

the generic definitions of those offense categories do not include any specific age

differential. Id. at 559-62 & n.28. We expressly rejected the claim that the

statute at issue in that case – § 22.011(a)(2) of the Texas Penal Code – did not

satisfy the “generic, contemporary meaning” of “sexual abuse of a minor” because

the statute prescribed a three-year instead of a four-year age differential

between the victim and the defendant. Id. at 562 n.28. Blanco-Fortuna asserts

that he is raising the issue solely to preserve it for further review.

In light of Rodriguez, the district court did not err in imposing a 16-level

enhancement under § 2L1.2 based upon Blanco-Fortuna’s prior conviction for

statutory rape under § 16-6-3(a). Consequently, the motion for summary

disposition is GRANTED, and the judgment of the district court is AFFIRMED.

2

 Case: 12-41287 Document: 00512297467 Page: 2 Date Filed: 07/05/2013
Exhibit 4(b)(5)



CONSENT OF INDEPENDENT AUDITORS



We consent to the incorporation by reference in the Registration Statement on Form S-8 (File Number 333-65904) of our report dated June 29,
2005, with respect to the consolidated financial statements of ViryaNet Ltd. included in its Annual Report on Form 20-F for the year ended December 31, 2004.



|                 |  |                                 
|---------------- |  | --------------------------------
|Tel-Aviv, Israel |  | KOST, FORER GABBAY and KASIERER 
|August 24, 2005  |  | A Member of Ernst & Young Global
#### The People of the State of New York, Respondent, v Richard Lester, Appellant.

Memorandum: Defendant’s claims of ineffective assistance of counsel lack merit. The evidence, the law, and the circumstances of this case, viewed together, reveal that meaningful representation took place *(see, People v Satterfield,*66 NY2d 796, 798-799; *People v Baldi,*54 NY2d 137, 147).

In cross-examining the eyewitnesses concerning the lineup identification, which had been suppressed, defense counsel’s performance was not ineffective because he was engaged in an acceptable trial strategy. In order to cast doubt upon the reliability of the eyewitnesses’ in-court identification, it was reasonable strategy to attempt to show that the in-court identification was influenced by an impermissibly suggestive photo array and lineup *(see, People v Foti,*83 AD2d 641).

Counsel’s failure to object to leading questions was not prejudicial and does not rise to the level of ineffective assistance.

There is no showing that counsel’s failure to move to have defendant declared incompetent to stand trial constituted ineffective assistance, because there is no evidence that he had reason to believe defendant was incompetent to stand trial. Nor is there sufficient evidence to show that he was, in fact, incompetent to stand trial.

*1053Defense counsel was not ineffective in failing to request the court to charge the offense of attempted unlawful imprisonment as a lesser included offense of unlawful imprisonment because there was no reasonable view of the evidence from which the jury could conclude that defendant did not commit the crime of unlawful imprisonment but only attempted to do so *(see,*CPL 300.50 [1]).

We have reviewed the other claims of ineffective assistance of counsel and we find that, considered either separately or cumulatively, they do not rise to the level of ineffective assistance. We have also reviewed the arguments contained in defendant’s *pro se*brief, including the claim that the suppression court erred in finding an independent source for the eyewitnesses’ identification of defendant, the claimed errors in the court’s charge, and the claimed violation of the rule in *People v Dawson*(50 NY2d 311), and we find them to be without merit. (Appeal from judgment of Wayne County Court, Parenti, J. — attempted kidnapping, second degree.) Present — Doerr, J. P., Boomer, Green, Pine and Balio, JJ.
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#### The People of the State of New York, Respondent, v Pedro Pablo Cuesta, Appellant.

Appeal by the defendant from a judgment of the County Court, Westchester County (Colabella, J.), rendered January 14, 1986, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

We have reviewed the record and agree with the defendant’s assigned counsel that there are no meritorious issues which could be raised on appeal. Counsel’s application for leave to withdraw as counsel is granted *(see, Anders v California,*386 US 738; *People v Paige,*54 AD2d 631; *cf., People v Gonzalez,*47 NY2d 606). Mollen, P. J., Bracken, Rubin, Kooper and Spatt, JJ., concur.
I 

111TH CONGRESS 

2D SESSION H. R. 6053 

To amend the Oil Pollution Act of 1990 to provide for timely consideration 

of claims submitted by States and political subdivisions for reimbursement of removal costs. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 30, 2010 

Mr. MEEK of Florida introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

A BILL 

To amend the Oil Pollution Act of 1990 to provide for 

timely consideration of claims submitted by States and 

political subdivisions for reimbursement of removal costs. 

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

3 SECTION 1. REIMBURSEMENT OF STATES AND POLITICAL 

4 SUBDIVISIONS FOR REMOVAL COSTS. 

5 Section 1012(e) of the Oil Pollution Act of 1990 (33 

6 U.S.C. 2712(e)) is amended by adding at the end the fol7 lowing: 

8 ‘‘Regulations issued under this subsection shall ensure 

9 that a State or political subdivision receives payment for 


srobinson on DSKHWCL6B1PROD with BILLS
2 

•HR 6053 IH

1 eligible removal costs not later than 30 days after the date 

2 of submission of a claim for such costs.’’. 

Æ 


srobinson on DSKHWCL6B1PROD with BILLS
<PAGE>
                                                                    Exhibit 99.2

                                VERTICALNET, INC.

                  CERTIFICATION BY THE CHIEF FINANCIAL OFFICER
          RELATING TO A PERIODIC REPORT CONTAINING FINANCIAL STATEMENTS




         I, John A. Milana, Chief Financial Officer of Verticalnet, Inc., a
Pennsylvania corporation (the "Company"), hereby certify that:

         (1) The Company's periodic report on Form 10-Q for the period ended
June 30, 2002 (the "Form 10-Q") fully complies with the requirements of Section
13(a) of the Securities Exchange Act of 1934, as amended; and

         (2) The information contained in the Form 10-Q fairly presents, in all
material respects, the financial condition and results of operations of the
Company.


                                      * * *



/s/ John A. Milana
-------------------------
John A. Milana
Chief Financial Officer
Date:    August 14, 2002
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>




27.1                 Financial Data Schedule

This schedule contains Summary Financial  Information extracted from the Balance
Sheet,  Statement of Operations and Statement of Cash Flows included in our Form
10-Q for the period  ending  April 1, 2000,  and is qualified in our entirety by
reference to such financial statements.
</LEGEND>

<MULTIPLIER> 1,000

<S>                               <C>
<PERIOD-TYPE>                     9-MOS
<FISCAL-YEAR-END>                 JUN-30-2000
<PERIOD-START>                    JUL-01-1999
<PERIOD-END>                      APR-01-2000
<CASH>                                 185,415
<SECURITIES>                                 0
<RECEIVABLES>                           77,315
<ALLOWANCES>                           (22,159)
<INVENTORY>                             62,188
<CURRENT-ASSETS>                       325,083
<PP&E>                                 139,795
<DEPRECIATION>                         (35,991)
<TOTAL-ASSETS>                         520,447
<CURRENT-LIABILITIES>                  101,170
<BONDS>                                 33,370
<PREFERRED-MANDATORY>                        0
<PREFERRED>                                  0
<COMMON>                                    68
<OTHER-SE>                             365,837
<TOTAL-LIABILITY-AND-EQUITY>           520,447
<SALES>                                223,435
<TOTAL-REVENUES>                       223,435
<CGS>                                  112,398
<TOTAL-COSTS>                          112,398
<OTHER-EXPENSES>                        70,889
<LOSS-PROVISION>                             0
<INTEREST-EXPENSE>                      (4,970)
<INCOME-PRETAX>                         45,118
<INCOME-TAX>                            17,145
<INCOME-CONTINUING>                     27,973
<DISCONTINUED>                               0
<CHANGES>                                    0
<NET-INCOME>                            27,973
<EXTRAORDINARY>                              0
<EPS-BASIC>                               0.43
<EPS-DILUTED>                             0.40




</TABLE>
# Ukrainian Employees with Parole

USCIS recently announced that beginning Feb. 27, 2024, certain Ukrainian citizens and their immediate family members displaced by the Russian invasion and paroled into the United States, will be able to request an extension of parole (re-parole) for up to two additional years.

Parolees that are approved by USCIS for re-parole should print a copy of their electronic Form I-94, Arrival/Departure Record from the CBP I-94 Website. An unexpired Form I-94 that shows a class of admission of “UHP” and a most recent date of entry on or before Sept. 30, 2023, is an acceptable document that temporarily shows identity and employment authorization for up to 90 days.  These employees should provide a printed Form I-94 if they are newly hired employees or during reverification on Form I-9.

**E-Verify employers should not create a case in E-Verify for re-paroled employees unless they are a new employee.**

See Which Ukrainian Parolees and Immediate Family Members Are Employment Authorized Incident to Parole on I-9 Central for more information.  

02/29/2024

0 / 2000To protect your privacy, please do not include any personal information in your feedback. Review our Privacy Policy.
<PAGE>

                                                               EXHIBIT 32(b)



 CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C. SECTION 1350
    AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



         I, Robert A. Clausen, Chief Financial Officer of Solutia Inc. (the
"Company"), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, 18 U.S.C. Section 1350, that to the best of my knowledge:

         (1)      the Quarterly Report on Form 10-Q of the Company for the
                  quarterly period ended June 30, 2003, (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.



Dated:  August 14, 2003



                                         /s/ Robert A. Clausen
                                         ----------------------------------
                                         Robert A. Clausen
                                         Chief Financial Officer




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 Solutia Inc.
and will be retained by Solutia Inc. and furnished to the Securities and
Exchange Commission or its staff upon request.
**EXHIBIT 32.2** **CERTIFICATION    BY PRINCIPAL FINANCIAL OFFICER (SOX 906)**     The certification below is being submitted to the Securities and    Exchange Commission solely for the purpose of complying with    Section 1350 of Chapter 63 of Title 18 of the    United States Code.     In my capacity as chief financial officer of Ingram Micro Inc.,    I hereby certify that, to the best of my knowledge, Ingram Micro    Inc.’s annual report on    Form 10-K    for the fiscal year ended December 29, 2007 as filed with    the Securities and Exchange Commission on the date hereof fully    complies with the requirements of Section 13(a) or 15(d) of    the Securities Exchange Act of 1934 and the information    contained in such report fairly presents, in all material    respects, the financial condition and results of operations of    Ingram Micro Inc. */s/  William    D. Humes***    Name:     William D. Humes     Title:     Executive Vice President and
Exhibit 23.2

CONSENT OF INDEPENDENT REGISTERED CHARTERED ACCOUNTANTS

We consent to the incorporation by reference in the
following Registration Statements and Amendments of our reports dated March 15, 2007, except as to notes 5, 6, 7 and 23, which are as of September 7, 2007 and the effect of the retrospective adjustments for a change in the segment
performance measure as described in note 6, which is as of March 2, 2009, relating to the consolidated statements of operations, changes in equity (deficit) and comprehensive income (loss) and cash flows and to the consolidated financial
statement schedule of Nortel Networks Limited (Nortel) for the year ended December 31, 2006 (which audit report on the consolidated statements of operations, changes in equity (deficit) and comprehensive income (loss) and cash flows
expressed an unqualified opinion, and includes a separate report titled Comments by Independent Registered Chartered Accountants on Canada-United States of America Reporting Difference referring to changes in accounting principles that have a
material effect on the comparability of the financial statements) appearing in the Annual Report on Form 10-K of Nortel for the year ended December 31, 2008:



| |  |  | Registration Statement on Form S-8 and all Post-Effective Amendments thereto (Nortel Networks U.S. Deferred Compensation Plan) (333-11558)
| | - |  | ------------------------------------------------------------------------------------------------------------------------------------------

/s/ Deloitte & Touche LLP

Independent Registered Chartered Accountants

Licensed Public Accountants

Toronto, Canada

March 2, 2009
# Archivo

La información en esta página no está actualizada. Sin embargo, alguna parte del contenido podría ser de utilidad, por lo que hemos archivado la página.

#### Contenido de Archivo      

Esta sección contiene información que ya no está vigente pero permanece en nuestro sitio web para propósitos de referencia.      

Actualizaciones sobre Transferencias de Cargas de Trabajo

18 de diciembre de 2023

Estadounidense por Elección Destacado

16 de noviembre de 2023

Actualización sobre Ramos v. Nielsen

21 de junio de 2023

Actualización sobre Bhattarai v. Nielsen

21 de junio de 2023

Actualizaciones sobre los Lugares de Presentación de Formularios en Localidades Seguras

09 de junio de 2023

Regla Final Temporal: Modificación del Requisito de Intérprete para Entrevista de Asilo Debido a COVID-19

15 de marzo de 2023

Respuesta de USCIS al COVID-19

06 de marzo de 2023

Preguntas Frecuentes Acerca de la Regla Propuesta Sobre el Desglose de Tarifas

03 de enero de 2023

Recursos sobre Carga Pública

19 de diciembre de 2022

Carga Pública

19 de diciembre de 2022

1 - 10 líneas en total

-  Previa
- Siguiente**

0 / 2000Para proteger su privacidad, por favor no incluya ninguna información personal en sus comentarios. Revise nuestra Política de Privacidad.
**EXHIBIT
      3** **2**




**CERTIFICATION
      PURSUANT TO**


**18
      U.S.C. SECTION 1350**


**AS
      ADOPTED PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**








Each
      of
      the undersigned hereby certifies, in his capacity as an officer of Gene Logic
      Inc. (the “Company”), for purposes of 18 U.S.C. Section 1350, as adopted
      pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best
      of
      his knowledge:





·
            The
                Quarterly Report of the Company on Form 10-Q for the quarterly period
                ended June 30, 2006 fully complies with the requirements of Section
                13(a)
                or 15(d) of the Securities Exchange Act of 1934;
                and




·
            The
                information contained in such report fairly presents, in all material
                respects, the financial condition and results of operations of the
                Company.





Date:  August
      9,
      2006


By: /s/
      Mark
      D. Gessler


Mark
      D.
      Gessler


Chief
      Executive Officer






Date:  August
      9,
      2006


By: /s/
      Philip
      L. Rohrer, Jr.


Philip
      L.
      Rohrer, Jr.


Chief
      Financial Officer
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS FOR THE TWENTY SEVEN WEEKS ENDED APRIL 4, 1998
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          OCT-03-1998
<PERIOD-START>                             SEP-28-1997
<PERIOD-END>                               APR-04-1998
<CASH>                                             138
<SECURITIES>                                         0
<RECEIVABLES>                                   33,360
<ALLOWANCES>                                       400
<INVENTORY>                                     23,371
<CURRENT-ASSETS>                                58,538
<PP&E>                                          26,830
<DEPRECIATION>                                   6,060
<TOTAL-ASSETS>                                  79,909
<CURRENT-LIABILITIES>                           19,036
<BONDS>                                         17,079
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            76
<OTHER-SE>                                      44,556
<TOTAL-LIABILITY-AND-EQUITY>                    79,909
<SALES>                                         82,467
<TOTAL-REVENUES>                                82,467
<CGS>                                           62,696
<TOTAL-COSTS>                                   62,696
<OTHER-EXPENSES>                                12,542
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 793
<INCOME-PRETAX>                                  7,229
<INCOME-TAX>                                     2,671
<INCOME-CONTINUING>                              4,558
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     4,558
<EPS-PRIMARY>                                     0.62
<EPS-DILUTED>                                     0.62
        
 

</TABLE>