alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# United States Court of Appeals **for the Fifth Circuit**

____________ No. 23-20022 Summary Calendar

____________ United States of America, Plaintiff—Appellee ,

versus Izaiah Guzman, Defendant—Appellant

.

______________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. 4:22-CR-102-1

______________________________ Before Higginbotham, Graves, and Ho, Circuit Judges

. Per Curiam: *
Izaiah Guzman was convicted of one charge of possession of a machine gun and was sentenced to serv e an above-guidelines term of 60 months in prison as well as a three-year term of supervised release. He challenges his prison sentence in this appeal, arguing that it is procedurally and substantively unreasonable.

_____________________

* This opinion is not designated for publication. See 5th Cir. R. 47.5. United States Court of Appeals Fifth Circuit 

### FILED June 23, 2023 Lyle W. Cayce Clerk Case: 23-20022 Document: 00516797851 Page: 1 Date Filed: 06/23/2023No. 23-20022

2 In general, sentences are reviewed for reasonableness by engaging in a bifurcated review. Gall v. United States , 552 U.S. 38, 51 (2007). First, this court must ensure that the senten cing court committed no significant procedural error. Id . A procedural error occurs when, inter alia, the district court “fail[s] to consider the [18 U.S.C.] § 3553(a) factors,” which include the history and characteristics of the defendant. Id .; see § 3553(a)(1). If the district court’s sentencing decision is procedurally sound, this court should then consider the substantive reasonableness of the sentence. Gall , 552 U.S. at 51. An above-guidelines sentence , such as Guzman’s, is substantively unreasonable if it “(1) does not account for a factor that sh ould have received significant weight, (2) gives significant weight to an irrelevant or improper factor, or (3) represents a clear error of judgment in balancing the sentencing factors.” United States v. Smith , 440 F.3d 704, 708 (5th Cir. 2006). Guzman shows no procedural error in connection with his sentence. See Gall , 552 U.S. at 51. Insofar as he argu es that the district court failed to consider his history and characteristics, specifically his rough childhood, the record refutes this contention. Like wise unavailing is Guzman’s argument that the district court erred by basing his sentence on his criminal history when this factor was already accounted for in the guidelines, as this court has held that a defendant’s criminal history, including juvenile offenses, may support a non-Guidelines sentence. See Smith , 440 F.3d at 709. Finally, Guzman’s argument that his sentence is substantively unreasonable because the district court did not account for ce rtain factors fails because it reflects no more than a disagreement with the district court’s weighing of the pertinent factors, which does no t suffice to show substantive unreasonableness. See Smith , 440 F.3d at 708. The judgment is AFFIRMED

. Case: 23-20022 Document: 00516797851 Page: 2 Date Filed: 06/23/2023
EX-4.1





 Exhibit 4.1 
  

			
	PA-___                    	  	*__________* Shares
		  	Series A Preferred Stock

 EPIZYME, INC. 

A Delaware Corporation 
 THIS
CERTIFIES THAT *__________* is the record holder of *__________* shares of Series A Convertible Preferred Stock of Epizyme, Inc. transferable only on the books of the Corporation by the holder, in person, or by duly authorized
attorney, upon surrender of this certificate properly endorsed or assigned. 
 This certificate and the shares represented hereby are issued
and shall be held subject to all the provisions of the Restated Certificate of Incorporation, the Certificate of Designation of Preferences, Rights and Limitations of Series A Convertible Preferred Stock, and the Amended and Restated By-laws of the Corporation, a copy of each of which is on file at the office of the Corporation and made a part hereof as fully as though the provisions of the Restated Certificate of Incorporation, the Certificate
of Designation of Preferences, Rights and Limitations of Series A Convertible Preferred Stock, and the Amended and Restated By-laws were imprinted in full on this certificate, to all of which the holder of
this certificate, by acceptance hereof, assents. 
 The Corporation will furnish without charge to each stockholder who so requests, the
powers, designations, preferences and relative, participating, optional or other special rights of each class of stock or series thereof and the qualifications, limitations or restrictions of such preferences and/or rights. 

IN WITNESS WHEREOF, the Corporation has caused this Certificate to be signed by its duly authorized officers this ___ day of March, 2019. 

 

					
		 		  	
	John Weidenbach, Secretary	 	     
	  	Robert B. Bazemore , Chief Executive Officer













 FOR VALUE RECEIVED HEREBY SELLS, ASSIGNS AND TRANSFERS UNTO SHARES REPRESENTED BY THE WITHIN CERTIFICATE AND
DOES HEREBY IRREVOCABLY CONSTITUTE AND APPOINT ATTORNEY TO TRANSFER THE SAID SHARES ON THE SHARE REGISTER OF THE WITHIN NAMED CORPORATION WITH FULL POWER OF SUBSTITUTION IN THE PREMISES. 

DATED 
  

	
	
	   

	(Signature)


 NOTICE: THE SIGNATURE ON THIS ASSIGNMENT MUST CORRESPOND WITH THE NAME AS WRITTEN UPON THE FACE OF THIS CERTIFICATE, IN
EVERY PARTICULAR, WITHOUT ALTERATION OR ENLARGEMENT, OR ANY CHANGE WHATEVER.
Michael BARTH, et ux., petitioners, v. WALT DISNEY PARKS AND RESORTS U.S., INC., et al.

No. 17-813.

Supreme Court of the United States

Feb. 20, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.
Jason Allen TISZAI, petitioner, v. Mark S. INCH, Secretary, Florida Department of Corrections, et al.

No. 18-8594.

Supreme Court of the United States

May 13, 2019.

Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.
<PAGE>   1
                                                                    EXHIBIT 23.1



               CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statement Form
S-8 No. 333-34354 pertaining to the 1999 Non-Qualified Stock Option Plan and
Form S-8 No. 333-82285 pertaining to the 1998 Long-Term Incentive Plan of Women
First HealthCare, Inc. of our report dated February 26, 2001, with respect to
the consolidated financial statements of Women First HealthCare, Inc. included
in the Annual Report (Form 10-K) for the year ended December 31, 2000.


                                          ERNST & YOUNG LLP


March 26, 2001
San Diego, California
Exhibit 13.1

 CHIEF EXECUTIVE OFFICER CERTIFICATION

      Pursuant to 18 U.S.C. § 1350, the undersigned  officer of Thomson, a French company (the “Company”), hereby certifies,  to such officer’s knowledge, that the Company’s Annual Report on Form  20-F for the year ended December 31, 2004 (the “Report”) fully complies  with the requirements of § 13(a) or 15(d), as applicable, of the Securities  Exchange Act of 1934 and that the information contained in the Report fairly  presents, in all material respects, the financial condition and results of operations  of the Company. 

  

| Dated: June 3, 2005 |   | /s/ Frank E. Dangeard                                        |
|---------------------|--------|--------------------------------------------------------------|
|                |   |                                                         |
|                |   | Frank E. Dangeard       Chairman and Chief Executive Officer |

 	The foregoing certification is being furnished solely pursuant to 18 U.S.C. § 1350 and is not being filed as part of the Report or as a separate disclosure document.
##### 



Exhibit 32.2 Certification of 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/A-2 of Hanover Compressor
Company (the Company) for the quarter ended September 30, 2003 as filed with
the Securities and Exchange Commission on the date hereof (the Report), John
E. Jackson, as Chief Financial Officer of the Company, 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 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. /s/ John E. JacksonName:
    
    John E. JacksonTitle:
    
    Chief Financial OfficerDate:
    
    April 5, 2004
 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 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, and is not to be
incorporated by reference into any filing of the Company, whether made before
or after the date hereof, regardless of any general incorporation language in
such filing.
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D2022-0610

_____________________________

DONSHAY M. BROWN,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Leon County.

J. Lee Marsh, Judge.

March 6, 2024

PER CURIAM.

AFFIRMED.

LEWIS, NORDBY, and TANENBAUM, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________
2

Jessica J. Yeary, Public Defender, and Pamela D. Presnell, 

Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, and Kristie Regan, Assistant 

Attorney General, Tallahassee, for Appellee.
Leatrice TANNER-BROWN, et al., petitioners, v. Ryan ZINKE, Secretary of Interior, et al.

No. 17-1681.

Supreme Court of the United States

Oct. 1, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1539 Introduced in House (IH)]

106th CONGRESS
  1st Session
                                H. R. 1539

       To repeal the stock loan limit in the Federal Reserve Act.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 22, 1999

Mrs. Roukema (for herself and Mr. Vento) introduced the following bill; 
 which was referred to the Committee on Banking and Financial Services

_______________________________________________________________________

                                 A BILL

 
       To repeal the stock loan limit in the Federal Reserve Act.

    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 the ``Stock Loan Limit Repeal Act of 
1999''.

SEC. 2. REPEAL OF STOCK LOAN LIMIT IN FEDERAL RESERVE ACT.

    Section 11 of the Federal Reserve Act (12 U.S.C. 248) is amended by 
striking the paragraph designated as ``(m)'' and inserting the 
following:
            ``(m) [Repealed]''.
                                 <all>
```
EXHIBIT 32.2

CERTIFICATIONS UNDER SECTION 906

Pursuant to section 906 of the Sarbanes-Oxley Act of
2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code), the undersigned officer of Alloy, Inc., a Delaware corporation (the Company), does hereby certify, to such
officers knowledge, that:

The Annual Report on Form 10-K for the year ended January 31, 2007 (the Form 10-K) of
the Company fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and the information contained in the Form 10-K fairly presents, in all material respects, the financial condition and
results of operations of the Company.



|                       
|-----------------------
|/s/    JOSEPH D.
FREHE 
|Joseph D. Frehe        
|Chief Financial Officer

Dated: April 14, 2009

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.
Henry J. LANGER, et ux., petitioners, v. COMMISIONER OF INTERNAL REVENUE.

No. 18-1133.

Supreme Court of the United States

April 15, 2019.

*1572Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.
I

106TH CONGRESS

1ST SESSION H. R. 127

To amend the Elementary and Secondary Education Act of 1965 to allow

certain counties flexibility in spending funds.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 6, 1999

Mr. ENGEL introduced the following bill; which was referred to the Committee

on Education and the Workforce

A BILL

To amend the Elementary and Secondary Education Act

of 1965 to allow certain counties flexibility in spending funds.

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

3 SECTION 1. SPENDING FLEXIBILITY.

4 Section 1124(c)(2) is amended by striking the second

5 and third sentences.

Æ
Exhibit 23.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

The
Board of Directors Ditech Networks, Inc.

We
hereby consent to the incorporation by reference in the Registration Statements on Form S-8 (Nos. 333-170719, 333-137679,
333-133857, 333-129983, 333-126302, 333-126192, 333-120278, 333-110821, 333-100107, 333-82624,
333-70224, 333-60882, 333-30044, and 333-86311) of our report dated July 28, 2011 relating to the consolidated financial statements and financial
statement schedule of Ditech Networks, Inc. as of and for the years ended April 30, 2011 and April 30, 2010, and for each of the three years in the period ended April 30,
2011, which appears in Ditech Networks, Inc.'s Annual Report on Form 10-K.

/s/BURR PILGER MAYER, INC.

San Jose, California July 28, 2011

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

<ARTICLE> 5
<LEGEND>
The schedule contains summary financial information extracted from the Company's
Balance Sheet and Statement of Operations and is qualified in its entirety by
reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996<F1>
<PERIOD-END>                               SEP-30-1996
<CASH>                                     141,981,000
<SECURITIES>                                         0
<RECEIVABLES>                               52,165,000
<ALLOWANCES>                                 1,334,000
<INVENTORY>                                 67,520,000
<CURRENT-ASSETS>                           270,032,000
<PP&E>                                     146,091,000
<DEPRECIATION>                              96,999,000
<TOTAL-ASSETS>                             374,780,000
<CURRENT-LIABILITIES>                       83,345,000
<BONDS>                                    123,955,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,000
<OTHER-SE>                                 152,421,000
<TOTAL-LIABILITY-AND-EQUITY>               374,780,000
<SALES>                                    214,908,000
<TOTAL-REVENUES>                           387,521,000
<CGS>                                      173,481,000
<TOTAL-COSTS>                              217,517,000
<OTHER-EXPENSES>                            46,978,000
<LOSS-PROVISION>                               262,000
<INTEREST-EXPENSE>                          12,166,000
<INCOME-PRETAX>                            128,133,000
<INCOME-TAX>                                56,284,000
<INCOME-CONTINUING>                         71,849,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                71,849,000
<EPS-PRIMARY>                                     0.00
<EPS-DILUTED>                                     0.00
<FN>
<F1> Total revenues include amounts from airbag royalties litigation settlement.
</FN> 
        

</TABLE>
[Federal Register Volume 87, Number 88 (Friday, May 6, 2022)]
[Notices]
[Page 27203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09828]


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

DEPARTMENT OF THE TREASURY

Internal Revenue Service


Open Meeting of the Taxpayer Advocacy Panel Joint Committee

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of meeting.

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

SUMMARY: An open meeting of the Taxpayer Advocacy Panel Joint Committee 
will be conducted. The Taxpayer Advocacy Panel is soliciting public 
comments, ideas, and suggestions on improving customer service at the 
Internal Revenue Service.

DATES: The meeting will be held Thursday, June 23, 2022.

FOR FURTHER INFORMATION CONTACT: Gilbert Martinez at 1-888-912-1227 or 
(737) 800-4060.

SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section 
10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) 
that an open meeting of the Taxpayer Advocacy Panel Joint Committee 
will be held Thursday, June 23, 2022, at 1:30 p.m. Eastern Time via 
teleconference. The public is invited to make oral comments or submit 
written statements for consideration. For more information, please 
contact Gilbert Martinez at 1-888-912-1227 or (737-800-4060), or write 
TAP Office 3651 S IH-35, STOP 1005 AUSC, Austin, TX 78741, or post 
comments to the website: http://www.improveirs.org.
    The agenda will include various committee issues for submission to 
the IRS and other TAP related topics. Public input is welcomed.

    Dated: May 3, 2022.
Kevin Brown,
Acting Director, Taxpayer Advocacy Panel.
[FR Doc. 2022-09828 Filed 5-5-22; 8:45 am]
BILLING CODE 4830-01-P
1

Opinion issued November 18, 2014

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-14-00549-CV

———————————

GERARDO GONZALEZ AND CLAUDIA GONZALEZ, Appellants

V.

RAY GARNER IN HIS OFFICIAL CAPACITY AS POLICE CHIEF AND 

POLICE FIREFIGHTERS CIVIL SERVICE COMMISSION OF THE CITY 

OF LAREDO, TEXAS, Appellees

On Appeal from the 341st District Court

Webb County, Texas

Trial Court Cause No. 2014-CVZ-000391-D3

MEMORANDUM OPINION

Appellants, Gerardo Gonzalez and Claudia Gonzalez, have neither paid the 

required fees nor established indigence for purposes of appellate costs. See TEX. R.
2

APP. P. 5, 20.1; see also TEX. GOV’T CODE ANN. §§ 51.207, 51.941(a), 101.041 

(West 2013); Order Regarding Fees Charged in Civil Cases in the Supreme Court 

and the Courts of Appeals and Before the Judicial Panel on Multidistrict Litigation, 

Misc. Docket No. 07-9138 (Tex. Aug. 28, 2007), reprinted in TEX. R. APP. P. app. 

A § B(1). Further, appellants have not paid or made arrangements to pay the fee 

for preparing the clerk’s record. See TEX. R. APP. P. 37.3(b). After being notified 

that this appeal was subject to dismissal, appellants did not adequately respond. 

See TEX. R. APP. P. 5; 42.3(b).

We dismiss the appeal for nonpayment of all required fees and for want of 

prosecution. We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Keyes, Higley, and Brown.
**Exhibit 23.1**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTINGFIRM**

Wehereby consent to the incorporation by reference in the Registration Statementson Form S-8 (Registration File Nos. 333-126302, 333-126192,333-120278, 333-110821, 333-100107, 333-82624, 333-70224,333-60882, 333-43178, 333-30044, 333-86311) and in theRegistration Statement on Form S-3 (Registration file No. 333-43420)of Ditech Communications Corporation of our report dated July 11, 2005relating to the financial statements, financial statement schedule, management’sassessment of the effectiveness of internal control over financial reportingand the effectiveness of internal control over financial reporting, whichappears in this Form 10-K.
| /s/ PRICEWATERHOUSECOOPERS  LLP |   |
|---------------------------------|--------|
| San Jose, California            |
| July 11, 2005              |

 

----
I

106TH CONGRESS

1ST SESSION H. R. 1432

To amend title 38, United States Code, to require the Secretary of Veterans

Affairs to provide long-term nursing care at public expense to any veteran

with a service-connected disability of 50 percent or greater.

IN THE HOUSE OF REPRESENTATIVES

APRIL 15, 1999

Mrs. KELLY (for herself, Mr. ROMERO-BARCELO ́, Mr. COOKSEY, Mr. SANDERS, Mr. SHOWS, Mr. GARY MILLER of California, Mr. BROWN of California, Mr. BARR of Georgia, Mr. JONES of North Carolina, and Mr.

METCALF) introduced the following bill; which was referred to the Committee on Veterans’ Affairs

A BILL

To amend title 38, United States Code, to require the Secretary of Veterans Affairs to provide long-term nursing

care at public expense to any veteran with a serviceconnected disability of 50 percent or greater.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Veterans Nursing

5 Home Care Act of 1999’’.
2

•HR 1432 IH

1 SEC. 2. REQUIREMENT TO PROVIDE LONG-TERM NURSING

2 CARE TO VETERANS WITH SERVICE-CON3 NECTED DISABILITIES OF 50 PERCENT OR

4 GREATER.

5 (a) REQUIREMENT.—(1) Paragraph (1) of section

6 1710(a) of title 38, United States Code, is amended by

7 striking ‘‘care and medical services, and may furnish nurs8 ing home care,’’ in the matter preceding subparagraph (A)

9 and inserting ‘‘care, medical services, and nursing home

10 care’’.

11 (2) Paragraph (4) of that section is amended by in12 serting ‘‘, and the requirement in paragraph (1) that the

13 Secretary furnish nursing home care,’’ after ‘‘medical

14 services’’.

15 (b) CARE IN NON-DEPARTMENT NURSING HOMES.—

16 Section 1720(a)(3)(B) of such title is amended by insert17 ing before the semicolon the following: ‘‘or for a veteran

18 with a service-connected disability of 50 percent or great19 er’’.

Æ