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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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 February 13, 2007 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-30937

UNITED STATES OF AMERICA Plaintiff - Appellee

v. ALAN MEJIA-AGUIRRE, also known as Allan Bladimir Mejia Defendant - Appellant

Appeal from the United States District Court for the Eastern District of Louisiana, New Orleans No. 2:06-CR-91
Before KING, WIENER, and OWEN, Circuit Judges.
PER CURIAM: * Defendant-appellant Alan Mejia-Aguirre (“Mejia”) pleaded guilty to one count of reentry of a deported alien previously convicted of an aggravated felony in violation of 8 U.S.C. § 1326(a) and (b)(2). At sentencing, the district court imposed, over Mejia’s objection, an eight-level enhancement under United States Sentencing Guidelines (“Guidelines” or “U.S.S.G.”) § 2L1.2(b)(1)(C) for a previous aggravated-felony conviction. The court calculated Mejia’s Guidelines total offense level as 13-2-

and his criminal-history category as II, yielding a sentencing range of 15 to 21 months’ imprisonment, and it sentenced Mejia to 15 months’ imprisonment. Mejia appeals his sentence. Mejia’s sole argument on appeal is that the eight-level enhancement for an aggravated-felony conviction was erroneous under Lopez v. Gonzales , 127 S. Ct. 625 (2006). Mejia’s prior felony conviction was for the Texas offense of possession of less than one gram of cocaine. The government concedes that Mejia’s prior conviction was not an aggravated felony under 8 U.S.C. § 1326(b)(2) and U.S.S.G. § 2L1.2(b)(1)(C); that is, it was not “illicit trafficking in a controlled substance . . . , including a drug trafficking crime (as defined in section 924(c) of Title 18),” 8 U.S.C. § 1101(a)(43)(B), since possession of less than one gram of cocaine is not a “felony punishable under the Controlled Substances Act,” 18 U.S.C. § 924(c)(2). The government also concedes that Mejia’s sentence should be vacated. We agree. Accordingly, Mejia’s sentence is VACATED and the case REMANDED for resentencing in light of Lopez
.
**Exhibit32.1**

 

**CERTIFICATIONPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

 

In connection with theannual report on Form 10-K of InSight Health Services Holdings Corp. (the “Company”)for the period ended June 30, 2003 as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Steven T. Plochocki, ChiefExecutive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, asadopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

 

(1)           the report fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934;and

 

(2)           the information contained in thereport fairly presents, in all material respects, the financial condition andresults of operations of the Company.

 

 
| /s/ Steven T. Plochocki               |   |
|---------------------------------------|--------|
| Steven T. Plochocki                   |
| President and Chief Executive Officer |
| September 25, 2003                    |

 

----

*A signed original ofthis written statement required by Section 906, or other document authenticating,acknowledging, or otherwise adopting the signature that appears in typed formwithin the electronic version of this written statement required by Section906, has been provided to InSight Health Services Holdings Corp. and will beretained by InSight Health Services Holdings Corp. and furnished to theSecurities and Exchange Commission or its staff upon request.

----
#### Antrell Jermaine FORDHAM, a/k/a Antrell Fordham, a/k/a Antrell J. Fordham, Plaintiff-Appellant, v. Dr. MOORE; Mrs. L. Mauney; Mrs. E. Holcomb, individual and official capacities, Defendants-Appellees.

No. 13-6172.

United States Court of Appeals, Fourth Circuit.

Submitted: April 25, 2013.

Decided: April 30, 2013.

Antrell Jermaine Fordham, Appellant Pro Se. Shelton Webber Haile, Richardson, Plowden & Robinson, PA, Columbia, South Carolina, for Appellees.

Before AGEE and WYNN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Antrell Jermaine Fordham appeals the district court’s order accepting the recommendation of the magistrate judge and denying relief on his 42 U.S.C. § 1983 (2006) complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *See Fordham v. Moore,*No. 2:12-cv-00974-MGL, 2013 WL 314476 (D.S.C. Jan. 28, 2013). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

*AFFIRMED.*
UNITED STATES OF AMERICA 

Before the 

COMMODITY FUTURES TRADING COMMISSION 

___________________________________ 

In the Matter of the Application of 

TeraExchange, LLC for 

Reinstatement of Registration as a 

Swap Execution Facility 

___________________________________ 

ORDER OF REINSTATEMENT OF REGISTRATION 

 TeraExchange, LLC (“Tera”) submitted to the Commodity Futures Trading Commission 

(“Commission”), pursuant to Section 5h of the Commodity Exchange Act (“Act”), 7 U.S.C. 

§ 7b-3 and Commission Regulations 37.3(b) and 37.3(d), 17 C.F.R. §§ 37.3(b) and 37.3(d), an 

application for reinstatement of Tera’s swap execution facility registration, which includes 

submissions dated December 2, 2019 through May 27, 2020. 

 Having reviewed the application and the complete record in this matter, the Commission 

FINDS that, as required by Section 5h of the Act, 7 U.S.C. § 7b-3, and Commission Regulations 

37.3(b) and 37.3(d), 17 C.F.R. §§ 37.3(b) and 37.3(d), Tera’s reinstatement application, as well 

as its reliance on the Division of Market Oversight’s No-Action letters noted below, provides a 

showing that Tera will be able to comply with the requirements set forth in the Act and the 

Commission’s regulations applicable to swap execution facilities, and Tera provides sufficient 

assurance that it will continue to be able to comply with the requirements of the Act and the 

Commission’s regulations; 
2 

Therefore: 

 IT IS HEREBY ORDERED that, pursuant to Section 5h of the Act and Commission 

Regulation 37.3(b)(6)(i), the application of Tera for reinstatement as a swap execution facility is 

approved, subject to the following: 

 Tera shall comply with all provisions of the Act and all requirements set forth in the 

Commission’s regulations, as may be amended or adopted from time to time, that are applicable 

to swap execution facilities, provided that:

(a) In lieu of complying with the specific requirements of Commission Regulations 

37.9(a)(2) and 37.203(a), 17 C.F.R. §§ 39.(a)(2) and 37.203(a), that are addressed in 

CFTC Letter No.17-27, as supplemented by CFTC Letter No. 20-01, Tera shall 

comply with the terms and conditions of CFTC Letter No. 17-27, as supplemented by 

CFTC Letter No. 20-01, for the duration set forth therein; 

(b) In lieu of complying with the specific requirements of Commission Regulations 

37.6(b), 37.1000, 37.1001, 45.2(a) and 45.3(a),17 C.F.R §§ 37.6(b), 37.1000, 

37.1001, 45.2(a) and 45.3(a), that are addressed in CFTC Letter No. 17-17, Tera shall 

comply with the terms and conditions of CFTC Letter No. 17-17 for the duration set 

forth therein; 

(c) In lieu of complying with the specific requirements of Commission Regulation 43.2, 

17 C.F.R. § 43.2, that are addressed in CFTC Letters No. 17-60, Tera shall comply 

with the terms and conditions of CFTC Letter No. 17-60 for the duration set forth 

therein; and 

(d) In lieu of complying with the specific requirements of Commission Regulations 

37.205(a) and 37.205(b)(2), 17 C.F.R. §§ 37.205(a) and 37.205(b)(2), that are
Case 1:07-cv-05353-AKH Document 15 Filed 08/23/2007 Page 1 of 2
Case 1:07-cv-05353-AKH Document 15 Filed 08/23/2007 Page 2 of 2
<PAGE>

                       CONSENT OF INDEPENDENT ACCOUNTANTS


We consent to the incorporation by reference in the registration statement of
Robinson Nugent, Inc. on Form S-8 (File No. 33-3822) of our report dated August
5, 1997 on our audits of the consolidated financial statements and the financial
statement schedule of Robinson Nugent, Inc. as of June 30, 1997, 1996 and 1995
and for the years ended June 30, 1997, 1996 and 1995, which report is included
in this Annual Report on Form 10-K.





COOPERS & LYBRAND L.L.P.



Louisville, Kentucky
September 26, 1997
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**Exhibit32.2**

 

 

 

**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 ofINVESTools Inc. (the “Company”) on Form 10-K for the year ended December 31,2004, as filed with the Securities and Exchange Commission on the date hereof(the “Report”), I, Ida K. Kane, certify, pursuant to 18 U.S.C. §1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company and that theReport fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934.

 
|   |   | /s/ IDA K. KANE    |   |
|--------|--------|-------------------------|--------|
|   |   | Ida K. Kane             |
|   |   | Chief Financial Officer |
|   |   | March 31, 2005          |

 

 

----
Case 1:07-cv-05353-AKH Document 30 Filed 10/15/2007 Page 1 of 7Case 1:07-cv-05353-AKH Document 30 Filed 10/15/2007 Page 2 of 7Case 1:07-cv-05353-AKH Document 30 Filed 10/15/2007 Page 3 of 7Case 1:07-cv-05353-AKH Document 30 Filed 10/15/2007 Page 4 of 7Case 1:07-cv-05353-AKH Document 30 Filed 10/15/2007 Page 5 of 7Case 1:07-cv-05353-AKH Document 30 Filed 10/15/2007 Page 6 of 7Case 1:07-cv-05353-AKH Document 30 Filed 10/15/2007 Page 7 of 7
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 729 Referred in Senate (RFS)]

111th CONGRESS
  1st Session
                                H. R. 729

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 16, 2009

     Received; read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 AN ACT

 
To help keep students safe on school-run, overnight, off-premises field 
                                 trips.

    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 ``Phylicia's Law''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Students achieve their full academic potential when 
        they have the ability to learn in a safe and secure 
        environment.
            (2) Off-campus school trips comprise an integral part of 
        the educational experience for our Nation's students. Each year 
        millions of students enjoy these trips, which provide them with 
        invaluable learning opportunities outside the classroom.
            (3) There exists no Federal law requiring public schools to 
        develop safety plans for off-premises, overnight, school-
        sponsored trips.

SEC. 3. SCHOOL SAFETY PLAN.

    (a) Requirements for Local Educational Agencies.--Each local 
educational agency that receives funds under part A of title IV of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.) 
shall develop and make publicly available a written school safety 
policy for off-premises, overnight field trips.
    (b) Guidance From Secretary of Education.--Congress encourages the 
Secretary of Education to provide guidance to local educational 
agencies described in subsection (a) by taking the steps necessary, 
such as hosting a conference of interested parties, to assist in 
developing a model school safety policy that meets the requirements 
described in such subsection.

            Passed the House of Representatives June 15, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
```
Case 1:07-cv-05796-SAS Document 6 Filed 07/26/2007 Page 1 of 4
Case 1:07-cv-05796-SAS Document 6 Filed 07/26/2007 Page 2 of 4
Case 1:07-cv-05796-SAS Document 6 Filed 07/26/2007 Page 3 of 4
Case 1:07-cv-05796-SAS Document 6 Filed 07/26/2007 Page 4 of 4
Case 7:07-cv-05832-KMK-GAY     Document 30      Filed 06/17/2008     Page 1 of 1
**EXHIBIT 32.1**

 

Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 

(18 U.S.C. 1350) 

 

In connection with the Quarterly Report of NovaDel Pharma Inc., a Delaware corporation (the “Company”), on Form 10-Q for the three months ended March 31, 2009, as filed with the Securities and Exchange Commission (the “Report”), I, Steven B. Ratoff, Interim President, Chief Executive Officer and Interim Chief Financial Officer of the Company, do hereby certify, pursuant to Section 906        of the Sarbanes-Oxley Act of 2002 (18 U.S.C.§ 1350), that to his 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. 

 

| Date: May 15, 2009 | By:    | /s/ STEVEN B. RATOFF                       |
|--------------------|--------|--------------------------------------------|
|               |   | Steven B. Ratoff                           |
|               |   | Interim President, Chief Executive Officer |
|               |   | and Interim Chief Financial Officer        |
|               |   |                                       |
|               |   |                                       |
|               |   |                                       |

 

 

A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request. 

 

This certification shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act, or otherwise subject to the liability of that section. Such certification will not be deemed to be incorporated by reference into any filing under the Securities Act or the Securities Exchange Act.
METHFESSEL & WERBEL, ESQS. 

450 Seventh Avenue, Suite 1400 

New York, NY 10123 

(212) 947-1999 

Attorneys for BMS Catastrophe, Inc. 

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF NEW YORK 

EMANUEL SANTAMARIA, 

Plaintiff, 

-AGAINSTALAN KASMAN DBA KASCO, 

AMERICAN EXPRESS BANK, LTD., 

AMERICAN EXPRESS COMPANY, 

AMERICAN EXPRESS TRAVEL 

RELATED SERVICES COMPANY, INC., 

ANN TAYLOR STORES 

CORPORATION, BANKERS 

TRUST COMPANY, BATTERY PARK 

CITY AUTHORITY, BFP TOWER C CO., 

LLC., BFP TOWER C MM LLC., 

BLACKMON-MOORING-STEAMATIC 

CATASTROPHE, INC. D/B/A BMS 

CAT., ET AL. 

Defendants. 

INDEX NO.: 07CV1528 

NOTICE OF ADOPTION OF ANSWER 

TO MASTER COMPLAINT 

PLEASE TAKE NOTICE THAT Defendant, BMS Catastrophe, Inc. s/h/a 

Blackmon-Mooring-Steamatic Catastophe, Inc. d/b/a BMS Catastrophe, by 

their attorneys, Methfessel & Werbel, as and for their response to the 

allegations set forth in the Complaint by Adoption (Check-Off Complaint) 

Related to the Master Complaint filed in the above referenced action, hereby 

adopts their Answer and defenses to the Master Complaint, dated July 26, 

2007, which was filed in the matter of: In Re World Trade Center Lower 

Manhattan Disaster Site Litigation, 21 MC 102 (AKH). 

Case 1:07-cv-01528-AKH Document 30 Filed 10/01/2007 Page 1 of 3
 To the extent that Defendant’s Answer to the Master Complaint does not 

comprehensively address any of the specific allegations within the Check-Off 

Complaint in the above captioned matter, Defendant, Defendant, BMS 

Catastrophe, Inc., denies knowledge or information sufficient to form a belief as 

to the truth of such specific allegations. 

 WHEREFORE, the defendant, Defendant, BMS Catastrophe, Inc., 

demands judgment dismissing the above captioned action as against them, 

together with costs, disbursements and such other and further relief as this 

Court deems just and proper. 

DATED: New York, New York 

 October 1, 2007 

METHFESSEL & WERBEL, ESQS. 

Attorneys for BMS Catastrophe 

 

 

By:________________________________ 

Frank J. Keenan (FK 8922) 

450 Seventh Avenue 

Suite 1400 

New York, New York 10123 

(212) 947-1999 

 

Case 1:07-cv-01528-AKH Document 30 Filed 10/01/2007 Page 2 of 3
Our File No. 67141q 

CERTIFICATE OF MAILING 

The undersigned hereby certifies as follows: 

 l. I am employed by the law firm of Methfessel & Werbel. 

 2. On October 1, 2007 the undersigned prepared and forwarded 

copies of the within correspondence to the following parties: 

 William J. Dubanevich, Esq. 

Worby Groner Edelman & Napoli Bern, LLP 

5 Broadway, 12th Floor 

New York, NY 10006 

Attorneys for: Emanuel Santamaria 

All Defense Counsel 

 3. I certify that the foregoing statements made by me are true. I am 

aware that if any of the foregoing statements made by me are wilfully false, I am 

subject to punishment. 

____________________________________ 

Frank J. Keenan 

Case 1:07-cv-01528-AKH Document 30 Filed 10/01/2007 Page 3 of 3
Case 1:07-cv-05305-AKH     Document 25      Filed 05/02/2008     Page 1 of 4

Case 1:07-cv-05305-AKH     Document 25      Filed 05/02/2008     Page 2 of 4

Case 1:07-cv-05305-AKH     Document 25      Filed 05/02/2008     Page 3 of 4

Case 1:07-cv-05305-AKH     Document 25      Filed 05/02/2008     Page 4 of 4
<PAGE>

                                                                      EXHIBIT 21

                                  SPIEGEL, INC.

                             LISTING OF SUBSIDIARIES
                                 January 1, 2000

<TABLE>
<CAPTION>

Name of Corporation                                                 Incorporated In
-------------------                                                 ---------------
<S>                                                                <C>
Boutique Europa, Inc.                                                     Delaware

Distribution Fulfillment Services, Inc.                                   Delaware

East Coast Collection Agency, Inc.                                        Delaware

Eddie Bauer, Inc.                                                         Delaware

Eddie Bauer of Canada, Inc. (1)                                            Canada

Eddie Bauer International, Inc. (1)                                       Delaware

Equity Cash Benefit Insurance Agency, Inc.                                 Nevada

First Consumers National Bank                                          Federal Charter

First Credit Services, Inc.                                               Delaware

New Hampton Realty Corporation (2)                                        Delaware

Newport News, Inc. (formerly New Hampton, Inc.)                           Delaware

Retailer Financial Products, Inc.                                         Delaware

S.I. Reinsurance Limited                                           Turks & Caicos Islands

Spiegel Acceptance Corporation                                            Delaware

Spiegel Cares                                                             Illinois

Spiegel Catalog, Inc.                                                     Delaware

Spiegel Credit Corporation III                                            Delaware

Spiegel Management Group, Inc.                                            Delaware

Spiegel of Philadelphia, Inc.                                           Pennsylvania

Spiegel Publishing Company                                                Illinois

Spiegel Teleservice, Inc.                                                 Illinois

Spiegel Teleservice, Inc.                                                  Nevada

The Spiegel Foundation                                                    Illinois

Together Retail U.S.A., Inc.                                              Delaware

Ultimate Outlet, Inc.                                                     Delaware

</TABLE>

(1)  Wholly owned subsidiary of Eddie Bauer, Inc., a wholly owned subsidiary of
     Spiegel, Inc.

(2)  Wholly owned subsidiary of Newport News, Inc., a wholly owned subsidiary of
     Spiegel, Inc.

                                       57