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that this opinion should not be published and is not precedent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.

United States Court of Appeals

Fifth Circuit

FILED

February 18, 2004

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-50815

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

SERGIO ESPINOSA-NAVEJAR,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. DR-03-CR-71-1

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

Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.

PER CURIAM:*

 Sergio Espinosa-Navejar appeals the sentence imposed

following his guilty plea conviction of being found in the United

States after deportation/removal in violation of 8 U.S.C. § 1326. 

Espinosa-Navejar contends that 8 U.S.C. § 1326(a) and 8 U.S.C.

§ 1326(b) define separate offenses. He argues that the prior

conviction that resulted in his increased sentence is an element

of a separate offense under 8 U.S.C. § 1326(b) that should have

been alleged in his indictment. Espinosa-Navejar maintains that
No. 03-50815

-2-

he pleaded guilty to an indictment which charged only simple

reentry under 8 U.S.C. § 1326(a). He argues that his sentence

exceeds the two-year maximum term of imprisonment which may be

imposed for that offense.

In Almendarez-Torres v. United States, 523 U.S. 224, 235

(1998), the Supreme Court held that the enhanced penalties in

8 U.S.C. § 1326(b) are sentencing provisions, not elements of

separate offenses. The Court further held that the sentencing

provisions do not violate the Due Process Clause. Id. at 239-47. 

Espinosa-Navejar acknowledges that his argument is foreclosed by

Almendarez-Torres, but asserts that the decision has been cast

into doubt by Apprendi v. New Jersey, 530 U.S. 466, 490 (2000). 

He seeks to preserve his argument for further review. 

Apprendi did not overrule Almendarez-Torres. See Apprendi,

530 U.S. at 489-90; United States v. Dabeit, 231 F.3d 979, 984

(5th Cir. 2000). This court must follow Almendarez-Torres

“unless and until the Supreme Court itself determines to overrule

it.” Dabeit, 231 F.3d at 984 (internal quotation marks and

citation omitted). The judgment of the district court is

AFFIRMED.

The Government has moved for a summary affirmance in lieu of

filing an appellee’s brief. In its motion, the Government asks

that an appellee’s brief not be required. The motion is GRANTED. 

AFFIRMED; MOTION GRANTED. 
No. 03-50815

-3-
**EXHIBIT 31.1
I, James G. Cooley, certify that:
             I have reviewed this quarterly report on Form 10-QSB of Citizens Community Bancorp: 1.Based on my knowledge, this report does not contain any untrue statement of material fact or omit tostate a material fact necessary to make the statements made, in light of the circumstances under whichsuch statements were made, not misleading with respect to the period covered by this report; 2.Based on my knowledge, the financial statements, and other financial information included in thisreport, fairly present in all material respects the financial condition, results of operations and cash flowsof the registrant as of, and for, the periods presented in this report; 3.Based on my knowledge, the financial statements, and other financial information included in thisreport, fairly present in all material respects the financial condition, results of operations and cash flowsof the registrant as of, and for, the periods presented in this report; 4.The registrant's other certifying officers and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e) for theregistrant and have; a.Designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relatingto the registrant, including its consolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this report is being prepared; b.Evaluated the effectiveness of the registrant's disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controls andprocedures as of the end of the period covered by this report based on such evaluations; and c.Disclosed in this report any change in the registrant's internal control over financial reportingthat occurred during the registrant's most recent fiscal quarter that has materially affected, oris reasonably likely to materially affect, the registrant's internal control over financialreporting. 5.The registrant's other certifying officers and I have disclosed, based on our most recent evaluation ofinternal control over financial reporting, to the registrant's auditors and the audit committee ofregistrant's board of directors (or persons performing the equivalent functions): a.All significant deficiencies and material weaknesses in the design or operation of internalcontrols over financial reporting which are reasonably likely to adversely affect the registrant'sability to record, process, summarize and report financial information; and b.Any fraud, whether or not material, that involves management or other employees who have asignificant role in the registrant's internal control over financial reporting.Date:  May 13, 2004By:/s/ James G. CooleyJames G. CooleyPresident and Chief Executive Officer**
Order entered November 20, 2015

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05 - 15 - 01290 - CV IN THE INTEREST OF I .N., A CHILD On Appeal from the 416th Judicial District Court

Collin County, Texas Trial Court Cause No. 416 - 52794 - 2015



### O RDER We GRANT appellant’s November 18, 2015 unopposed motion for an extension of time to file a brief. Appellant shall file a brief by MONDAY, DECEMBER 28, 2015 . We caution appellant that no further extension of time will be granted in this accelerate d appeal absent extraordinary circumstances.

/s/ ELIZABETH LANG

- MIERS JUSTICE
I 

113TH CONGRESS 

1ST SESSION H. R. 1429 

To expand the research and awareness activities of the National Institute 

of Arthritis and Musculoskeletal and Skin Diseases and the Centers 

for Disease Control and Prevention with respect to scleroderma, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 9, 2013 

Mrs. CAPPS (for herself and Mr. KING of New York) introduced the following 

bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To expand the research and awareness activities of the National Institute of Arthritis and Musculoskeletal and Skin 

Diseases and the Centers for Disease Control and Prevention with respect to scleroderma, and for other purposes. 

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 ‘‘Scleroderma Research 

5 and Awareness Act of 2013’’. 


sroberts on DSK5SPTVN1PROD with BILLS
2 

•HR 1429 IH

1 SEC. 2. NATIONAL INSTITUTE OF ARTHRITIS AND MUS2 CULOSKELETAL AND SKIN DISEASES; 

3 SCLERODERMA RESEARCH EXPANSION. 

4 Part B of title IV of the Public Health Service Act 

5 (42 U.S.C. 284 et seq.) is amended by adding at the end 

6 the following: 

7 ‘‘SEC. 409K. SCLERODERMA RESEARCH. 

8 ‘‘The Director of NIH may expand, intensify, and co9 ordinate the activities of the National Institutes of Health 

10 with respect to scleroderma, with particular emphasis on 

11 the following: 

12 ‘‘(1) Research focused on the etiology of 

13 scleroderma and the development of new treatment 

14 options. 

15 ‘‘(2) Clinical research to evaluate new treat16 ments options. 

17 ‘‘(3) Basic research on the relationship between 

18 scleroderma and secondary conditions such as pul19 monary hypertension, gastroparesis, Raynaud’s phe20 nomenon, Sjo ̈gren’s Syndrome, and other diseases as 

21 determined by the Director.’’. 

22 SEC. 3. PROMOTING PUBLIC AWARENESS OF 

23 SCLERODERMA. 

24 Part P of title III of the Public Health Service Act 

25 (42 U.S.C. 280g et seq.) is amended by adding at the end 

26 the following: 


sroberts on DSK5SPTVN1PROD with BILLS
3 

•HR 1429 IH

1 ‘‘SEC. 399V–6. PROMOTING PUBLIC AWARENESS OF 

2 SCLERODERMA. 

3 ‘‘The Secretary may carry out an educational cam4 paign to increase public awareness of scleroderma. Print, 

5 video, and Web-based materials distributed through this 

6 campaign may include— 

7 ‘‘(1) basic information on scleroderma and its 

8 symptoms; and 

9 ‘‘(2) information on— 

10 ‘‘(A) the incidence and prevalence of 

11 scleroderma; 

12 ‘‘(B) diseases and conditions affiliated with 

13 scleroderma; or 

14 ‘‘(C) the importance of early diagnosis and 

15 treatment of scleroderma.’’. 

Æ 


sroberts on DSK5SPTVN1PROD with BILLS
EXHIBIT 32

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


In connection with the Quarterly Report of Atomic  Paintball,  Inc. on Form 10-Q
for the period ended March 31, 2009, as filed with the  Securities  and Exchange
Commission  on the  date  hereof  (the  "Report"),  I,  David J.  Cutler,  Chief
Executive  Officer of the  Company,  certify,  pursuant  to 18 U.S.C.  1350,  as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

The Report 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  Report  fairly  presents,  in all  material
respects, the financial condition and results of operations of the Company.



Date: May 13, 2009



By:      /s/ David J. Cutler
         ----------------------------------
         David J. Cutler
         Chief Executive Officer, principal financial officer
United States Court of Appeals FOR THE EIGHTH CIRCUIT

_____________ No. 96-3570

_____________ Ivan M.C. Chen, * * Plaintiff - Appellant, * * Appeal from the United States v. * District Court for the * Western District of Missouri. School District of Kansas City, * Missouri, * [UNPUBLISHED] * Defendant - Appellee. *

_____________ Submitted: April 16, 1997 Filed: July 21, 1997

_____________ Before LOKEN, MAGILL, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

_____________ PER CURIAM. After the Kansas City School District refused to re new his probationary contract as a teacher at Van Horn High School, Ivan Chen commenced this multi-count action claim ing race and gender discrimination. The School District moved for summary judgm ent, submitting evidence that after Chen had received persistently ba d performance evaluations, the School District acc epted the evaluator’s recommendation that his contract not be renewed. In response, Chen submitted an affidavit claiming that his poor evaluations resulted from the female evaluator’s bias again st males and Chen’sThe

HONORABLE FERNANDO J. GAITAN, JR., United States District Judg e 1 for the Western District of Missouri. -2- foreign accent, and submi tting a statistical analysis tending to show that this evaluator consistently gave lower evaluations to male and foreign-born teachers.
The district court granted summary j udgment for the School District dismissing 1 all of Chen’s claims. With regard to the Title VII claim, the court concluded that Chen’s poo r performance evaluations and failure to correct noted deficiencies were a leg itimate business reason for the decision not to renew his contract, and that Chen’s circumstan tial evidence is insufficient to create an inference of pretext for race o r gender discrimination. Chen appeals only the dismissal of his Title VII claim. After thorough review of the record, we conclude that summary judgment was properl y granted dismissing this claim for the reasons stated by the district court. Accordingly, we affirm. See 8th Cir. Rule 47B. A true copy.
Attest: CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.
STATE v. KING

No. COA03-1629

Court of Appeals of North Carolina

Filed February 15, 2005

Certification Date March 7, 2005

Case reported without published opinion. No error.
Quisi BRYAN, Petitioner, v. Tim SHOOP, Warden.

No. 18-9372

Supreme Court of the United States.

October 7, 2019

Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.
Modeling Marine Ecosystems With Virtual Reality:

Predators and Prey Module Worksheet #1

Lynx and Hare Populations Vary Together

Complete each of the following statements based on your observations of lynx and 

hare populations in a predator-prey model. Fill in each blank with “increases”, “stays 

the same” or “decreases”. 

When the hare population is large, the lynx population ______________ 

(increases, stays the same, decreases). 

When the hare population is small, the lynx population ______________ 

(increases, stays the same, decreases). 

When the lynx population is large, the hare population ______________ 

(increases, stays the same, decreases). 

When the lynx population is small, the hare population ______________ 

(increases, stays the same, decreases). 

U.S. Department of Commerce | National Oceanic and Atmospheric Administration
Charles E. FINKEL v. Karol FINKEL.

No. 91P04.

Supreme Court of North Carolina.

April 1, 2004.

Charles W. McKeller, Brevard, for Karol Finkel.

H. Paul Averette, Brevard, for Charles Finkel.

Prior report: __ N.C.App. ___, 590 S.E.2d 472.

***ORDER***

Upon consideration of the petition filed by Defendant on the 26th day of February 2004 in this matter for a writ of certiorari to review the decision of the North Carolina Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

> "Denied by order of the Court in conference, this the 1st day of April 2004."
Exhibit 32.2

CERTIFICATION

I, Alan Campbell, Chief Financial Officer of Freescale
Semiconductor, Inc., certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:



|(1) | the quarterly report on Form 10-Q for the quarterly period ended October 2, 2009 (the Quarterly Report), which this statement accompanies fully
complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m) and
|--- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|(2) | information contained in the Quarterly Report fairly presents, in all material respects, the financial condition and results of operations of Freescale Semiconductor,
Inc.
|--- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------

This certificate is being furnished solely for purposes of Section 906.

Dated: October 23, 2009



/s/ ALAN CAMPBELLAlan CampbellChief Financial Officer,Freescale Semiconductor, Inc.
- Home
- Facts
- What is bombogenesis?

# **What is bombogenesis?**

## Bombogenesis is a popular term that describes a midlatitude cyclone that **rapidly intensifies**.

*Fourteen of 20 hurricane-force wind events underwent bombogenesis in the North Atlantic during the first two months of 2014. This unusual activity can be seen in wind speed data from the period. In this image, blues indicate areas with wind speeds that are faster than the 30-year historical average (1981-2010).*

Bombogenesis, a term used by meteorologists, occurs when a midlatitude (the latitudes between the tropics and polar regions) cyclone rapidly intensifies, or strengthens, over a 24 hour period. This intensification is represented by a drop in millibars, a measurement of pressure used in meteorology. The intensification required to classify as "bombogenesis" varies by latitude. At 60 degrees latitude, it is a drop of at least 24 millibars (24 hectopascals) over 24 hours. At the latitude of New York City, the required pressure drop is about 17.8 millibars (17.8 hectopascals) over 24 hours.

Bombogenesis can happen when a cold air mass collides with a warm air mass, such as air over warm ocean waters. It is popularly referred to as a bomb cyclone.

##### More **Information**

National Weather Service Ocean Prediction Center

NOAA Environmental Visualization Laboratory

##### **Last updated:**

###### 		   01/20/23		

**Author:** NOAA

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# L_2016095EN.01002001.xml

| 9.4.2016 | EN | Official Journal of the European Union | L 95/20 |
| --- | --- | --- | --- |

9.4.2016

EN

Official Journal of the European Union

L 95/20

---

Corrigendum to Commission Implementing Decision (EU) 2016/417 of 17 March 2016 excluding from European Union financing certain expenditure incurred by the Member States under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD)

(
  Official Journal of the European Union L 75 of 22 March 2016
  )

On page 24, in the table:

for:

| | | | | | ‘Total FI: | EUR | 20 520,70 | 0,00 | 20 520,70 ’ |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |

‘Total FI:

EUR

20 520,70

0,00

20 520,70 ’

read:

| | | | | | ‘Total FI: | EUR | – 20 520,70 | 0,00 | – 20 520,70 ’ |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |

‘Total FI:

EUR

– 20 520,70

0,00

– 20 520,70 ’

---
# Official Journal C 230A/2 Ju

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 230A |
| | |
| English edition | Information and Notices | Volume 612 July 2018 |

ISSN 1977-091X

Official Journal

of the European Union

C 230A

English edition

Information and Notices

Volume 612 July 2018

---

| Contents | page |
| --- | --- |
| | V   Announcements |
| | ADMINISTRATIVE PROCEDURES |
| | European Commission |
| 2018/C 230 A/01 | Call for expression of interest for the selection of external members of the Audit Progress Committee (APC) | 1 |

Contents

page

V   Announcements

ADMINISTRATIVE PROCEDURES

European Commission

2018/C 230 A/01

Call for expression of interest for the selection of external members of the Audit Progress Committee (APC)

1

---

| EN | |
| --- | --- |

EN
---

EXHIBIT 32.1





CERTIFICATIONS 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 National Beef Packing Company, LLC (the Company) on Form 10-Q for the period ended November 27, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Timothy M. Klein, Chief Executive Officer of the Company, 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, 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.





By:
/s/ Timothy M. KleinTimothy M. Klein

Chief Executive Officer





Date: January 7, 2011
# Fourth Court of Appeals

San Antonio, Texas

March 22, 2019

No. 04

- 19

- 00062

- CV

IN THE MATTER OF J. M. E.,

From the County Court at Law No 2, Webb County, Texas

Trial Court No. 2017JV3000176L2

Honorable Victor Villarreal, Judge Presiding



### O R D E R

The Appellant’s Motion to Extend Time to File Brief is hereby GRANTED. Time is

extended to April 9, 2019

.

_________________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 22nd day of March, 2019

.

___________________________________ KEITH E. HOTTLE

, Clerk of Court
**EXHIBIT 32.2**

CERTIFICATIONPURSUANT TO

18 U.S.C. SECTION1350,

AS ADOPTEDPURSUANT TO

SECTION906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to 18 U.S.C. Section 1350 (as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002), I, the undersignedChief Financial Executive Officer and Controller of GrayMark Productions, Inc.(the “Company”), hereby certify that, to the best of my knowledge, theQuarterly Report on Form 10-QSB of the Company for the three months ended March31, 2007 (the “Quarterly Report”) fully complies with the requirements ofsection 13(a) or 15(d) of the Securities Exchange Act of 1934 and thatinformation contained in the Quarterly Report fairly presents, in all materialrespects, the financial condition and results of operations of the Company.
| Date: May 4, 2007 | /S/MARK R. KIDD                          |
|-------------------|------------------------------------------|
|              | Chief Financial  Officer  and Controller |

 

----
----

Reference for a preliminary ruling from the Tribunal Supremo lodged on 27 March 2006 — International Mail Spain SL v Administración del Estado — Correos

(Case C-162/06)

(2006/C 143/43)

Language of the case: Spanish

Referring court

Tribunal Supremo

Parties to the main proceedings

Applicant: International Mail Spain SL

Defendant: Administración del Estado — Correos

Question referred

‘Does Article 7(2) [prior to its amendment by Directive 2002/39/EC] of Directive 97/67/EC (1) of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service, which authorises Member States to include cross-border mail in the reserved postal services, allow them to establish that reservation only insofar as they are able to prove that, without it, the economic equilibrium of the universal service provider is at risk, or, instead, does it also allow them to retain it for other reasons, among them reasons of expediency, relating to the overall situation in the postal sector, including the degree of liberalisation in that sector at the time the reservation is decided?’

----

(1)OJ L 15, 21.01.1998, p. 14.

----
STATE of North Carolina v. Jamey J.C. CHEEK.

No. 577A97-3.

Supreme Court of North Carolina.

April 1, 2004.

Michael L. Unti, Sharon L. Smith, John G. Barnwell, Assistant Attorney General for Cheek.

John Carriker, District Attorney, for State.

***ORDER***

Upon consideration of the petition filed by Defendant on the 11th day of December 2003 in this matter for a writ of certiorari to review the order of the Superior Court, New Hanover County, the following order was entered and is hereby certified to the Superior Court of that County:

> "Denied by order of the Court in conference, this the 1st day of April 2004."