alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee v. Fernando URIBE, Defendant-Appellant.

No. 12-50573

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

June 3, 2013.

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, San Antonio, TX, for Plaintiff-Appellee.

Philip J. Lynch, Assistant Federal Public Defender, Donna F. Coltharp, Assistant Federal Public Defender, Federal Public Defender’s Office, San Antonio, TX, for Defendant-Appellant.

Before SMITH, PRADO, and HIGGINSON, Circuit Judges.

PER CURIAM: *

Fernando Uribe appeals the concurrent within-guidelines sentences of 36 months imposed following his convictions for attempted illegal reentry and falsely claiming United States citizenship. As a threshold matter, Uribe argues that a presumption of reasonableness should not apply to his within-guidelines sentences on appellate review because the applicable *246guideline, U.S.S.G. § 2L1.2, is not the result of empirical evidence or study. As Uribe acknowledges, this argument is foreclosed. *See United States v. Duarte,*569 F.3d 528, 529-31 (5th Cir.2009); *United States v. Mondragon-Santiago,*564 F.3d 357, 366-67 (5th Cir.2009).

Uribe also argues that his within-guidelines sentences were greater than necessary to meet the sentencing goals of 18 U.S.C. § 3553(a) and thus were unreasonable, in part, because the illegal reentry guideline doubled-counted one of his prior convictions in determining his offense level and criminal history. We have rejected the argument that a sentence imposed pursuant to § 2L1.2 is greater than necessary to meet § 3553(a)’s goals as a result of any double counting inherent in that Guideline. *See Duarte,*569 F.3d at 529-31.

Finally, Uribe argues that his guidelines ranges failed to reflect his personal history and circumstances, the benign nature of his illegal reentry offense, and the reasons he committed that offense. He further contends that the district court incorrectly weighed these factors. His arguments are unavailing. The district court, which was “in a superior position to find facts and judge their import under § 3553(a),” considered and rejected Uribe’s arguments for sentences below his advisory guidelines ranges. *United States v. Campos-Maldonado,*531 F.3d 337, 339 (5th Cir.2008). After consideration of Uribe’s arguments, the court expressly gave more weight to other § 3553(a) factors, including Uribe’s criminal history and history of violence, and determined that sentences within the ranges were appropriate. Uribe has not rebutted the presumption of reasonableness attaching to his within-guidelines sentences on appellate review. *See United States v. Gomez-Herrera,*523 F.3d 554, 565-66 (5th Cir.2008).

The record reflects no abuse of discretion in the district court’s sentencing decision. *See Gall v. United States,*552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). Accordingly, the court’s judgment is AFFIRMED.

*

 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.
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Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Energy

###### Federal Energy Regulatory Commission

          - [Docket No. ER01-1738-000]

Take notice that on May 2, 2001, Idaho Power Company tendered for filing a Notice of Withdrawal of its rate filing of a Firm and Non-Firm Point to Point Transmission Service Agreement with Merchant Energy Group of the Americas, under Idaho Power Company's FERC Electric Tariff, First Revised Volume No. 5, Open Access Transmission Tariff.

                    Any person desiring to be heard or to protest such filing should file a motion of intervene or protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules and Practice and Procedure (18 CFR 385.211 and 385.214). All such motions and protests should be filed on or before May 23, 2001. Protests will be considered by the Commission to determine the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to                           ( print page 28158)                        become a party must file a motion to intervene. Copies of this filing are on file with the Commission and are available for public inspection. This filing may also be viewed on the Internet at                     *http://www.ferc.fed.us/​online/​rims.htm*                     (call 202-208-2222 for assistance). Comments, protests and interventions may be filed electronically via the internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's web site at                     *http://www.ferc.fed.us/​efi/​doorbell.htm.*

Linwood A. Watson, Jr.,

Acting Secretary.

[FR Doc. 01-12786  Filed 5-21-01; 8:45 am]

BILLING CODE 6717-01-M
**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 on From 10-Q of Gulfstream International Group, Inc. (the “Company”) for the quarter ended March 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, David F. Hackett, 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, 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. |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------|

 

|   | /s/ David F. Hackett                    |
|--------|-----------------------------------------|
|   | David F. HackettChief Executive Officer |

Date: May 15, 2008

This certification accompanies the Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.

A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 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.
# C_2018072EN.01003901.xml

| 26.2.2018 | EN | Official Journal of the European Union | C 72/39 |
| --- | --- | --- | --- |

26.2.2018

EN

Official Journal of the European Union

C 72/39

---

Action brought on 18 December 2017 — Sierra v EUIPO

(Case T-819/17)

(2018/C 072/50)

Language of the case: Spanish

Parties

Parties

Applicant: Mercedes Sierra (Alicante, Spain) (represented by: E. Fontes Vila, lawyer)

Applicant:

Defendant: European Union Intellectual Property Office

Defendant:

Form of order sought

Form of order sought

The applicant claims that the Court should order the defendant to delete from the applicant’s ‘Appraisal Report’ for the year 2016 any criticism of her communication style, on the ground that it constitutes a misrepresentation and is contrary to the fundamental right of the individual to freely express ideas and opinions.

Pleas in law and main arguments

Pleas in law and main arguments

The present action is brought against EUIPO’s decision adopted in the applicant’s annual performance appraisal for the year 2016.

Specifically, the applicant requests that certain assessments be removed from the ‘Appraisal Report’.

In support of her action, the applicant relies on her right to freedom of expression whilst at work without fear of reprisal.

The applicant considers her right to freedom of expression to have been infringed and considers that the reason given for the decision not to promote the official, as merited on the basis of the appraisal of her commitment, the quality and performance of her work, denies her the opportunity to defend herself.

---
EXHIBIT 32





BWI HOLDINGS, INC.





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 BWI Holdings, Inc. (the “Company”) on Form 10-Q for the period ending September 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Bruce Milroy, as Principal Financial Officer of the Company, hereby 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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.





Date: December 20, 2010
By:
/s/ Bruce MilroyName:
Bruce MilroyTitle:
Principal Financial Officer





A signed original of this written statement required by Section 1350 of Title 18 of the United States Code 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.





The foregoing certification is being furnished as an exhibit to the Report pursuant to Item 601(b)(32) of Regulation S-K and Section 1350 of Title 18 of the United States Code and, accordingly, is not being filed with the Securities and Exchange Commission as part of the Report and is not to be incorporated by reference into any filing of the Company under the Securities Act of 1933 or the Securities Exchange Act of 1934 (whether made before or after the date of the Report, irrespective of any general incorporation language contained in such filing.)
I 

116TH CONGRESS 

1ST SESSION H. R. 2288 

To increase the total authorization of appropriations for the Erie Canalway 

National Heritage Corridor. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 10, 2019 

Mr. TONKO (for himself, Mr. HIGGINS of New York, Mr. COLLINS of New 

York, Mr. MORELLE, and Mr. NADLER) introduced the following bill; 

which was referred to the Committee on Natural Resources 

A BILL 

To increase the total authorization of appropriations for the 

Erie Canalway National Heritage Corridor. 

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

3 SECTION 1. ERIE CANALWAY NATIONAL HERITAGE COR4 RIDOR REAUTHORIZATION ACT. 

5 (a) SHORT TITLE.—This Act may be cited as the 

6 ‘‘Erie Canalway National Heritage Corridor Reauthoriza7 tion Act’’. 

8 (b) REAUTHORIZATION.—Section 810(a)(1) of the 

9 Erie Canalway National Heritage Corridor Act (title VIII 

10 of division B of appendix D of Public Law 106–554; 54 


kjohnson on DSK79L0C42 with BILLS
2 

•HR 2288 IH

1 U.S.C. 320101 note) is amended by striking 

2 ‘‘$12,000,000’’ and inserting ‘‘$14,000,000’’. 

Æ 


kjohnson on DSK79L0C42 with BILLS
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 Quarterly Report on Form 10-Q of Stream Global Services, Inc. (the Company) for the quarter ended
March 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, Dennis Lacey, Executive Vice President and Chief Financial Officer of the Company, hereby certifies, pursuant to
Rule 13a-14(b) and 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 results of operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                   |  |                                                                                                  
|------------------ |  | -------------------------------------------------------------------------------------------------
|Dated: May 6, 2010 |  | /s/    Dennis Lacey                                                                              
|                   |  | Dennis Lacey                                                                                     
|                   |  | Executive Vice President and Chief Financial Officer
(principal financial and accounting officer)
EXHIBIT 31.1 Certification of 
Principal Executive Officer CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO 
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002 I, Martin Schuermann, President and Chief Executive Officer of Vision Industries Corp., a Florida corporation (the "Company"), certify that: 1.     I have reviewed this amended quarterly report on Form 10-Q of the Company; 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 Company as of, and for, the periods presented in this report; 4.     The Company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 Company 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; and c)     Disclosed in this report any change in the registrant's internal control over financial reporting that occurred during the Companys most recent fiscal quarter (the Companys fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting; and 5.     The Companys other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the Companys auditors and the audit committee of the Companys Board of Directors (or persons performing the equivalent functions): 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 Companys ability to record, process, summarize and report financial information; and b)     Any fraud, whether or not material, that involves management or other employees who have a significant role in the Companys internal control over financial reporting. Date:  December 8, 2009  /S/ MARTING SCHUERMANNMartin Schuermann
Principal Executive Officer
Exhibit 32.1



Certificate pursuant to 18 U.S.C. Section 1350 as adopted pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002.



In accordance with the requirements of the Sarbanes-Oxley Act of 2002, the undersigned, to the best of my knowledge, hereby certifies that the report of
Newnan Coweta Bancshares, Inc., filed on Form 10-KSB for the period ended December 31, 2004: (1) fully complies with the requirements of section 13(a) of the Securities Exchange Act of 1934; and (2) fairly represents, in all material respects, the
financial condition and results of operations of Newnan Coweta Bancshares, Inc.



Date: March 24, 2005



/s/ James B. KimseyJames B. Kimsey, President andChief Executive Officer
**Exhibit 23.1**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We hereby consent to theincorporation by reference in the Registration Statement on Form S-8 (File No. 333 -127656), relating to the 2005 Stock Option Plan of Houston American Energy Corp., on Form S-3 (File No. 333-134756), on Form S-8 (FileNo. 333-151824), relating to the 2008 Equity Incentive Plan, and on Form S-3 (File No. 333-161319) of our report dated March 25, 2010, relating to the financial statements of Houston American Energy Corp. that appear in the AnnualReport on Form 10-K of Houston American Energy for the year ended December 31, 2009. 

/s/GBH CPAs, PC 

GBH CPAs, PC 

HOUSTON, TEXAS 

March 25, 2010
****

January 28, 2021

**BY ELECTRONIC SUBMISSION**

Christopher J. Kirkpatrick

Office of the Secretariat

U.S. Commodity Futures Trading Commission

Three Lafayette Centre

1155 21st Street, N.W.

Washington, D.C. 20581

**Re: SwapEx CFTC Submission 01-21: Certification Pursuant to Commission Rule 40.6 – Rule Amendments**

Dear Mr. Kirkpatrick:

Pursuant to Section 5c(c) of the Commodity Exchange Act (the “Act”) and Section 40.6(a) of the

regulations of the Commodity Futures Trading Commission (the “CFTC” or “Commission”), SwapEx, LLC (“SwapEx”, or the “Company”) hereby notifies the Commission that it has amended its Rulebook and that it is certifying those amendments. The Rulebook has been amended to conform to requirements for error trades as set out in the amended CFTC Regulation 37.9.  The amended Rulebook will become effective on February 16, 2021.

A concise explanation of the amendments to the Rulebook and their compliance with applicable provisions of the Act, including core principles and the Commission’s regulations, is attached hereto as Exhibit A. A clean copy of the amended Rules is attached hereto as Exhibit B, and a copy of the Rules marked to show changes against the version submitted to the Commission as part of the Rule certification on March 5, 2020, is attached hereto as Exhibit C.  SwapEx hereby certifies that: (i) the amended Rulebook complies with the Act and the Commission’s regulations thereunder, and (ii) a notice and copy of this submission is being concurrently posted on SwapEx’s web site. There were no substantive opposing views to the amendments to the Rulebook.

If you have questions, please contact the undersigned at (212) 259-3126 or KAAluise@statestreet.com

.

Sincerely,

Karen A. Aluise

Chief Compliance Officer

Encl. (Exhibits A, B and C)

Information Classification: General

Information Classification: General

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