alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 00-40028

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOSE LUIS ROMERO-RODRIGUEZ, also known as Jesus Vasquez,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. L-99-CR-676-1

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

April 12, 2001

Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Jose Luis

Romero-Rodriguez has moved for leave to withdraw and has filed a

brief as required by Anders v. California, 386 U.S. 738 (1967). 

Romero-Rodriguez received a copy of counsel’s motion and brief,

but did not file a response.

Our independent review of the brief and the record discloses

one possible nonfrivolous issue for appeal. Romero-Rodriguez’s

offense level and sentence were increased for his having been

deported after a prior aggravated-felony conviction which was not
No. 00-40028

-2-

alleged in his indictment. An argument that the prior conviction

should have been alleged in the indictment is foreclosed by

Almendarez-Torres v. United States, 523 U.S. 224 (1998). 

However, the continuing validity of Almendarez-Torres has been

cast into doubt by Apprendi v. New Jersey, 530 U.S. 466, 120 S.

Ct. 2348 (2000). See id. at 2362 (finding it “arguable that

Almendarez-Torres was incorrectly decided”). Counsel could have

raised the issue on appeal in order to preserve it for Supreme

Court review in light of Apprendi.

Because our independent review of the record has revealed

this possible nonfrivolous issue for appeal, we deny counsel’s

motion to withdraw. By our denying the motion to withdraw,

Romero-Rodriguez preserves the Almendarez-Torres issue for

further review. We pretermit further briefing, however, and

AFFIRM the judgment of the district court because Apprendi did

not overrule Almendarez-Torres. See id., 120 S. Ct. at 2362; see

also United States v. Dabeit, 231 F.3d 979, 984 (5th Cir.

2000)(noting that the Supreme Court in Apprendi expressly

declined to overrule Almendarez-Torres), cert. denied, 121 S. Ct.

1214 (2001). This court must follow the precedent set in

Almendarez-Torres “unless and until the Supreme Court itself

determines to overrule it.” Dabeit, 231 F.3d at 984 (internal

quotation and citation omitted). 

Accordingly, counsel’s motion for leave to withdraw is

DENIED, and the decision of the district court is AFFIRMED.
<PAGE>



                                                                 Schedule 4.1(f)



                          Exceptions to Section 4.1(f)

         1. Federal, State and local tax returns for each of the Compost
Entities for the year ended April 30, 1999.
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

DIEGO ESTRADA,

Appellant,

v.

SILVIA MIMS,

Appellee.

No. 4D2023-2383

[February 7, 2024]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm 

Beach County; Hon. John C. Lenderman, Senior Circuit Judge; L.T. Case 

No. 502015DR009097XXXMB. 

Diego Estrada, Lake Worth, pro se.

No appearance filed for appellee.

PER CURIAM.

Affirmed. Fla. R. App. P. 9.315(a).

KLINGENSMITH, C.J., DAMOORGIAN and GERBER, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
# L_2007209EN.01002401.xml

| 9.8.2007 | EN | Official Journal of the European Union | L 209/24 |
| --- | --- | --- | --- |

9.8.2007

EN

Official Journal of the European Union

L 209/24

---

DECISION OF THE EEA JOINT COMMITTEE

No 14/2007

of 27 April 2007

amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:

| (1) | Annex II to the Agreement was amended by Decision of the EEA Joint Committee No 117/2006 of 22 September 2006 (1). |
| --- | --- |

(1)

Annex II to the Agreement was amended by Decision of the EEA Joint Committee No 117/2006 of 22 September 2006 (1).

| (2) | Commission Directive 2006/50/EC of 29 May 2006 amending Annexes IVA and IVB to Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (2) is to be incorporated into the Agreement, |
| --- | --- |

(2)

Commission Directive 2006/50/EC of 29 May 2006 amending Annexes IVA and IVB to Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (2) is to be incorporated into the Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

The following shall be added in point 12n (Directive 98/8/EC of the European Parliament and of the Council) of Chapter XV of Annex II to the Agreement:

‘, as amended by:

| — | 32006 L 0050: Commission Directive 2006/50/EC of 29 May 2006 (OJ L 142, 30.5.2006, p. 6).’ |
| --- | --- |

—

32006 L 0050: Commission Directive 2006/50/EC of 29 May 2006 (OJ L 142, 30.5.2006, p. 6).’

Article 2

The texts of Directive 2006/50/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on 28 April 2007, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee.

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

Done at Brussels, 27 April 2007.

For the EEA Joint Committee

The President

Alan SEATTER

---

(1)  
  OJ L 333, 30.11.2006, p. 40.

1

(2)  
  OJ L 142, 30.5.2006, p. 6.

2

---
# L_2012076EN.01005601.xml

| 15.3.2012 | EN | Official Journal of the European Union | L 76/56 |
| --- | --- | --- | --- |

15.3.2012

EN

Official Journal of the European Union

L 76/56

---

DECISION OF THE EEA JOINT COMMITTEE

No 164/2011

of 19 December 2011

amending Annex XIII (Transport) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:

| (1) | Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee No 152/2011 of 2 December 2011 (1). |
| --- | --- |

(1)

Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee No 152/2011 of 2 December 2011 (1).

| (2) | Commission Regulation (EC) No 690/2009 of 30 July 2009 amending Regulation (EC) No 216/2008 of the European Parliament and of the Council on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (2) is to be incorporated into the Agreement, |
| --- | --- |

(2)

Commission Regulation (EC) No 690/2009 of 30 July 2009 amending Regulation (EC) No 216/2008 of the European Parliament and of the Council on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (2) is to be incorporated into the Agreement,

HAS ADOPTED THIS DECISION:

Article 1

The following shall be added in point 66n (Regulation (EC) No 216/2008 of the European Parliament and of the Council) of Annex XIII to the Agreement:

‘, as amended by:

| — | 32009 R 0690: Commission Regulation (EC) No 690/2009 of 30 July 2009 (OJ L 199, 31.7.2009, p. 6).’ |
| --- | --- |

—

32009 R 0690: Commission Regulation (EC) No 690/2009 of 30 July 2009 (OJ L 199, 31.7.2009, p. 6).’

Article 2

The text of Regulation (EC) No 690/2009 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on 20 December 2011, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1), or on the day of the entry into force of Decision of the EEA Joint Committee No 163/2011 of 19 December 2011 (3), whichever is the later.

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

Done at Brussels, 19 December 2011.

For the EEA Joint Committee

The President

Kurt JÄGER

---

(1)  See page 36 of this Official Journal.

1

(2)  
  OJ L 199, 31.7.2009, p. 6.

2

(*1)  No constitutional requirements indicated.

*1

(3)  See page 51 of this Official Journal.

3

---
```
  
 
CRUDE OIL, LIGHT SWEET - ICE EUROPE                                  Code-067411
OPTION AND FUTURES COMBINED POSITIONS AS OF 09/08/09          |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  Long  | Short  |Spreads |  Long  | Short  |  Long  | Short  |  Long  | Short
--------------------------------------------------------------------------------
(CONTRACTS OF 1,000 BARRELS)                         OPEN INTEREST:      480,922
COMMITMENTS
  47,479   26,700   70,382  343,987  362,578  461,848  459,660   19,074   21,262

CHANGES FROM 09/01/09 (CHANGE IN OPEN INTEREST:     -7,163)
   4,251   -2,955   -5,426   -4,550    1,058   -5,725   -7,323   -1,438      160

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADER
     9.9      5.6     14.6     71.5     75.4     96.0     95.6      4.0      4.4

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:      106)
      22       18       33       52       63       93       98
```

----

Updated September 11, 2009
<TABLE> <S> <C>

<ARTICLE>         5
       
<S>                                                  <C>
<PERIOD-TYPE>                                                    9-MOS
<FISCAL-YEAR-END>                                          DEC-31-1997
<PERIOD-END>                                               SEP-30-1997
<CASH>                                                          74,438
<SECURITIES>                                                   399,876
<RECEIVABLES>                                                   82,356
<ALLOWANCES>                                                         0
<INVENTORY>                                                          0
<CURRENT-ASSETS>                                               810,168
<PP&E>                                                       3,705,923
<DEPRECIATION>                                               (181,900)
<TOTAL-ASSETS>                                               5,035,091
<CURRENT-LIABILITIES>                                        1,703,900
<BONDS>                                                              0
<PREFERRED-MANDATORY>                                                0
<PREFERRED>                                                      1,300
<COMMON>                                                        19,839
<OTHER-SE>                                                   1,491,892
<TOTAL-LIABILITY-AND-EQUITY>                                 5,035,091
<SALES>                                                              0
<TOTAL-REVENUES>                                               206,481
<CGS>                                                                0
<TOTAL-COSTS>                                                        0
<OTHER-EXPENSES>                                               436,232
<LOSS-PROVISION>                                                     0
<INTEREST-EXPENSE>                                             130,000
<INCOME-PRETAX>                                               (359,751)
<INCOME-TAX>                                                         0
<INCOME-CONTINUING>                                           (359,751)
<DISCONTINUED>                                                       0
<EXTRAORDINARY>                                                      0
<CHANGES>                                                            0
<NET-INCOME>                                                  (359,751)
<EPS-PRIMARY>                                                   (0.018)
<EPS-DILUTED>                                                   (0.018)
        

</TABLE>
Matthew WAKEFIELD, petitioner, v. CIRCUIT COURT OF VIRGINIA.

No. 17M37.

Supreme Court of the United States

Oct. 10, 2017.

Motion to direct the Clerk to file a petition for a writ of certiorari out of time denied.
EXHIBIT 32

Certification of CEO and CFO 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 Aztar Corporation (the "Company") for the quarterly period ended July 1, 2004 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), Paul E. Rubeli, as Chief Executive Officer of the Company, and Robert M. Haddock, as Chief Financial Officer of the Company, each hereby certifies, pursuant to 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:
     (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.

|PAUL E. RUBELI    |                                                  
|----------------- | -------------------------------------------------
|Name:             | Paul E. Rubeli                                   
|Title:            | Chairman of the Board and
Chief Executive Officer
|Date:             | August 4, 2004                                   
|                  |                                                  
|                  |                                                  
|                  |                                                  
|                  |                                                  
|                  |                                                  
|ROBERT M. HADDOCK |                                                  
|Name:             | Robert M. Haddock                                
|Title:            | President and
Chief Financial Officer            
|Date:             | August 4, 2004                                   
|                  |                                                  

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, 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 Aztar Corporation and will be retained by Aztar Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
# L_2011085EN.01001601.xml

| 31.3.2011 | EN | Official Journal of the European Union | L 85/16 |
| --- | --- | --- | --- |

31.3.2011

EN

Official Journal of the European Union

L 85/16

---

DECISION OF THE EEA JOINT COMMITTEE

No 132/2010

of 10 December 2010

amending Annex XIII (Transport) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:

| (1) | Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee No 123/2010 of 10 November 2010 (1). |
| --- | --- |

(1)

Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee No 123/2010 of 10 November 2010 (1).

| (2) | Commission Regulation (EU) No 1266/2009 of 16 December 2009 adapting for the tenth time to technical progress Council Regulation (EEC) No 3821/85 on recording equipment in road transport (2) is to be incorporated into the Agreement, |
| --- | --- |

(2)

Commission Regulation (EU) No 1266/2009 of 16 December 2009 adapting for the tenth time to technical progress Council Regulation (EEC) No 3821/85 on recording equipment in road transport (2) is to be incorporated into the Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

The following indent shall be added in point 21 (Council Regulation (EEC) No 3821/85) of Annex XIII to the Agreement:

| ‘— | 32009 R 1266: Commission Regulation (EU) No 1266/2009 of 16 December 2009 (OJ L 339, 22.12.2009, p. 3).’ |
| --- | --- |

‘—

32009 R 1266: Commission Regulation (EU) No 1266/2009 of 16 December 2009 (OJ L 339, 22.12.2009, p. 3).’

Article 2

The text of Regulation (EU) No 1266/2009 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on 11 December 2010, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

Done at Brussels, 10 December 2010.

For the EEA Joint Committee

The President

Stefán Haukur JÓHANNESSON

---

(1)  
  OJ L 58, 3.3.2011, p. 81.

1

(2)  
  OJ L 339, 22.12.2009, p. 3.

2

(*1)  No constitutional requirements indicated.

*1

---
Donald GOWING, petitioner, v. MICHIGAN.

No. 17-5805.

Supreme Court of the United States

Oct. 30, 2017.

Petition for writ of certiorari to the Supreme Court of Michigan denied.
<PAGE>

                                                                    Exhibit 11.0

                     PAMRAPO BANCORP, INC. AND SUBSIDIARIES
                 STATEMENT RE: COMPUTATION OF EARNINGS PER SHARE

<TABLE>
<CAPTION>
                                                                 Three Months         Nine Months
                                                                     Ended               Ended
                                                              September 30, 2002  September 30, 2002
                                                              ------------------  ------------------
<S>                                                               <C>                 <C>
Net income                                                        $ 1,751,483         $ 5,508,156
                                                                  ===========         ===========

Weighted average shares outstanding - basic and diluted             5,134,443           5,140,080
                                                                  ===========         ===========

Basic and diluted earnings per share                              $      0.34         $      1.07
                                                                  ===========         ===========
</TABLE>
EXHIBIT 32



CERTIFICATION PURSUANT TO

SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly
Report of American Media Operations, Inc. (the Company) on Form 10-Q for the fiscal period ended September 30, 2005 (the Report), I, David Pecker, Chief Executive Officer of the Company, and I, Mark Brockelman, Chief
Accounting Officer of the Company, each certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to our knowledge:



| | (1) | the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; 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 J. PECKERDavid J. PeckerChief Executive Officer(principal executive officer)/s/ MARK J. BROCKELMANMark J. BrockelmanVice PresidentChief Accounting Officer(principal financial officer)




Date: November 18, 2005



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 such Act, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the
Exchange Act). Such certification will not be deemed to be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Exchange Act, except to the extent that the Company specifically incorporates it by
reference.



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.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE FINANCIAL
STATEMENTS OF EFFECTIVE MANAGEMENT SYSTEMS,  INC. AS OF AND FOR THE THREE MONTHS
ENDED  MAY 31,  1999 AND IS  QUALIFIED  IN ITS  ENTIRETY  BY  REFERENCE  TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              NOV-30-1999
<PERIOD-START>                                 NOV-30-1998
<PERIOD-END>                                   MAY-31-1999
<CASH>                                         1
<SECURITIES>                                   0
<RECEIVABLES>                                  6,841
<ALLOWANCES>                                   (147)
<INVENTORY>                                    278
<CURRENT-ASSETS>                               7,725
<PP&E>                                         10,163
<DEPRECIATION>                                 (7,400)
<TOTAL-ASSETS>                                 18,184
<CURRENT-LIABILITIES>                          17,784
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    1,370
<COMMON>                                       41
<OTHER-SE>                                     (1,927)
<TOTAL-LIABILITY-AND-EQUITY>                   18,184
<SALES>                                        558
<TOTAL-REVENUES>                               16,096
<CGS>                                          461
<TOTAL-COSTS>                                  19,922
<OTHER-EXPENSES>                               344
<LOSS-PROVISION>                               244
<INTEREST-EXPENSE>                             352
<INCOME-PRETAX>                                (4,170)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (4,170)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (4,170)
<EPS-BASIC>                                  (1.01)
<EPS-DILUTED>                                  0       <F1>

<FN>
<F1> Not  required  to be  calculated  in  accordance  with  generally  accepted
accounting principles.
</FN>



</TABLE>