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. 08-50399

Conference Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

BAYRON G LOPEZ

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 2:07-CR-361-ALL

Before JOLLY, BARKSDALE, and HAYNES, Circuit Judges.

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Bayron G. Lopez

raises arguments that are foreclosed by Almendarez-Torres v. United States,

523 U.S. 224, 235 (1998), which held that 8 U.S.C. § 1326(b)(2) is a penalty

provision and not a separate criminal offense. United States v. PinedaArrellano, 492 F.3d 624, 625 (5th Cir. 2007), cert. denied, 128 S. Ct. 872 (2008).

The Government’s motion for summary affirmance is GRANTED, and the

judgment of the district court is AFFIRMED.

United States Court of Appeals

Fifth Circuit

F I L E D

October 8, 2008

Charles R. Fulbruge III

Clerk
COURTNEY NC LLC v. BALDWIN

219P17-1

Supreme Court of North Carolina.

September 28, 2017

Monette Baldwin, for Baldwin, Monette.

A Bartlett White, Attorney at Law, Raleigh, Stephanie D'Atri, Attorney at Law, for Courtney NC, LLC.

The following order has been entered on the motion filed on the 1st of September 2017 by Defendant to Supplement Motion for Leave Out of Time to Renew Application for Stay with Motion for Temporary Stay Pending a Motion for Writ of Restitution:

"Motion Dismissed as moot by order of the Court in conference, this the 28th of September 2017."

Beasley, J. and Morgan, J. recused
I 

113TH CONGRESS 

2D SESSION H. R. 4147 

To direct the Chief Information Officer of the Department of Veterans Affairs 

and the Deputy Under Secretary of Veterans Affairs for Economic Opportunity to submit to the Committees on Veterans’ Affairs of the Senate 

and House of Representatives a report regarding the information technology of the Department that is used in administering the educational 

benefits administered by the Secretary of Veterans Affairs, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 4, 2014 

Mr. TAKANO introduced the following bill; which was referred to the 

Committee on Veterans’ Affairs 

A BILL 

To direct the Chief Information Officer of the Department 

of Veterans Affairs and the Deputy Under Secretary 

of Veterans Affairs for Economic Opportunity to submit 

to the Committees on Veterans’ Affairs of the Senate 

and House of Representatives a report regarding the 

information technology of the Department that is used 

in administering the educational benefits administered 

by the Secretary of Veterans Affairs, 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, 


rfrederick on DSK6VPTVN1PROD with BILLS
2 

•HR 4147 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Student Veterans IT 

3 Upgrade Act’’. 

4 SEC. 2. REPORT ON DEPARTMENT OF VETERANS AFFAIRS 

5 EDUCATION INFORMATION TECHNOLOGY. 

6 (a) REPORT.—The Chief Information Officer of the 

7 Department of Veterans Affairs, in coordination with the 

8 Deputy Under Secretary for Economic Opportunity, shall 

9 submit to the Committees on Veterans’ Affairs of the Sen10 ate and the House of Representatives a report on the in11 formation technology system of the Department of Vet12 erans Affairs that is used in connection with the adminis13 tration of educational benefits under laws administered by 

14 the Secretary of Veterans Affairs. The report shall include 

15 the following: 

16 (1) The status, as of the date of the report, of 

17 such system. 

18 (2) The plan with respect to such system that 

19 was submitted to Congress prior to the date of the 

20 report. 

21 (3) An action plan describing how the Chief In22 formation Officer and the Deputy Under Secretary 

23 for Economic Opportunity intend to finalize such 

24 system. 

25 (4) The anticipated cost of upgrading such sys26 tem. 


rfrederick on DSK6VPTVN1PROD with BILLS
3 

•HR 4147 IH

1 (b) ANNUAL BRIEFING.—The Chief Information Of2 ficer and the Deputy Under Secretary for Economic Op3 portunity shall update the committees specified in sub4 section (a) at least annually on any progress made in up5 grading the information technology system of the Depart6 ment of Veterans Affairs that is used in connection with 

7 the administration of educational benefits under laws ad8 ministered by the Secretary of Veterans Affairs. 

Æ 


rfrederick on DSK6VPTVN1PROD with BILLS
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
</LEGEND>
<CIK>                         0000921066
<NAME>                        Restaurant Teams International, Inc.
<MULTIPLIER>                                                  1
<CURRENCY>                                           US Dollars

<S>                             <C>
<PERIOD-TYPE>                   Year
<FISCAL-YEAR-END>                                   Dec-31-1999
<PERIOD-START>                                      Jan-01-1999
<PERIOD-END>                                        Dec-31-1999
<EXCHANGE-RATE>                                               1
<CASH>                                                    2,521
<SECURITIES>                                                  0
<RECEIVABLES>                                            56,687
<ALLOWANCES>                                                  0
<INVENTORY>                                              13,690
<CURRENT-ASSETS>                                         72,898
<PP&E>                                                4,103,213
<DEPRECIATION>                                         (495,099)
<TOTAL-ASSETS>                                        9,449,380
<CURRENT-LIABILITIES>                                 1,236,701
<BONDS>                                               3,580,941
<PREFERRED-MANDATORY>                                         0
<PREFERRED>                                                   0
<COMMON>                                                149,416
<OTHER-SE>                                            4,482,322
<TOTAL-LIABILITY-AND-EQUITY>                          9,449,380
<SALES>                                               2,323,537
<TOTAL-REVENUES>                                      2,438,537
<CGS>                                                   674,209
<TOTAL-COSTS>                                         2,459,120
<OTHER-EXPENSES>                                              0
<LOSS-PROVISION>                                              0
<INTEREST-EXPENSE>                                      806,712
<INCOME-PRETAX>                                       1,501,504
<INCOME-TAX>                                            (46,790)
<INCOME-CONTINUING>                                  (1,454,714)
<DISCONTINUED>                                                0
<EXTRAORDINARY>                                         790,490
<CHANGES>                                                     0
<NET-INCOME>                                         (2,245,204)
<EPS-BASIC>                                                (.30)
<EPS-DILUTED>                                              (.30)




</TABLE>
FILED 

Bowen Greenwood 

CLERK OF THE SUPREME COURT 

STATE OF MONTANA IN THE SUPREME COURT OF THE STATE OF MONTANA

OP 21-0395

_________________

L.B. individually and on behalf of D.B., a Minor,

 Plaintiff and Appellant,

 v.

UNITED STATES OF AMERICA; BUREAU OF 

INDIAN AFFAIRS; DANA BULLCOMING,

agent of the Bureau of Indian Affairs sued in his 

individual capacity,

 Defendants and Appellees.

O R D E R

_________________

Pursuant to the Internal Operating Rules of this Court, this cause is classified for 

oral argument before the Court sitting en banc and is hereby set for argument on Friday, 

April 15, 2022, at 10:00 a.m. at the George Dennison Theatre at the University of Montana 

in Missoula, Montana, with an introduction to the oral argument beginning at 9:30 a.m. 

IT IS FURTHER ORDERED that pursuant to M. R. App. P. 17(3), oral argument 

times in this cause number shall be forty (40) minutes for the Appellant and thirty (30) 

minutes for the Appellees.

The Court will not entertain any motions to reschedule.

Counsel should be mindful of the provisions of M. R. App. P. 17(6).

The Clerk is directed to provide a copy hereof to all counsel of record, to Acting 

Dean Cathay Y. N. Smith, Alexander Blewett III School of Law, University of Montana, 

to Andi Armstrong, Director of Marketing and Communication, Alexander Blewett III 

School of Law, University of Montana, to Professor Anthony Johnstone, Alexander 

Blewett III School of Law, University of Montana, to John Mudd, Executive Director of 

the State Bar of Montana, and to the Honorable Danny J. Boggs, the Honorable Marsha S. 

Berzon, and the Honorable Mary H. Murguia, Circuit Judges.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

February 2 2022

02/02/2022

Case Number: OP 21-0395

02/03/2022
# C_2008064EN.01003902.xml

| 8.3.2008 | EN | Official Journal of the European Union | C 64/39 |
| --- | --- | --- | --- |

8.3.2008

EN

Official Journal of the European Union

C 64/39

---

Order of the President of the Court of First Instance of 7 January 2008 — Pellegrini v Commission

(Case T-375/07 R)

(Interim measures - Non-contractual liability of the Commission - Commission's failure to act - Provisional payment of damages sought in main proceedings - No prima facie case)

prima facie

(2008/C 64/64)

Language of the case: Italian

Parties

Applicant: Rosario Maria Pellegrini (Genoa, Italy) (represented by: L. Sulfaro, lawyer)

Applicant:

Defendant: Commission of the European Communities

Defendant:

Re:

Request that the Commission be ordered to pay compensation, on a provisional basis, for the financial damage allegedly suffered by the applicant because of the Commission's failure to ensure full application and correct interpretation of the provisions of Community law governing the activities of financial intermediaries.

Operative part of the order

| 1. | The application for interim measures is dismissed. |
| --- | --- |

1.

The application for interim measures is dismissed.

| 2. | The costs are reserved. |
| --- | --- |

2.

The costs are reserved.

---
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4124 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4124

    To amend title 18, United States Code, to ensure that juveniles 
   adjudicated in Federal delinquency proceedings are not subject to 
      solitary confinement while committed to juvenile facilities.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 28, 2014

Mr. Cardenas (for himself, Mr. Vargas, Mr. Scott of Virginia, Mr. Danny 
K. Davis of Illinois, and Mr. Grijalva) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
    To amend title 18, United States Code, to ensure that juveniles 
   adjudicated in Federal delinquency proceedings are not subject to 
      solitary confinement while committed to juvenile facilities.

    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 ``Protecting Youth from Solitary 
Confinement Act''.

SEC. 2. JUVENILES ADJUDICATED IN FEDERAL DELINQUENCY PROCEEDINGS NOT 
              SUBJECT TO SOLITARY CONFINEMENT WHILE COMMITTED TO 
              JUVENILE FACILITIES.

    Section 5039 of title 18, United States Code, is amended--
            (1) by adding ``No juvenile in Federal custody held in 
        juvenile facilities may be subject to solitary confinement.'' 
        at the end of the second undesignated paragraph; and
            (2) by inserting after the second undesignated paragraph 
        the following:
    ``Not later than 180 days after the end of each fiscal year, the 
Director of the Board of Prisons shall submit to the President and 
Congress a report with respect to the preceding fiscal year. The report 
shall contain a detailed summary and analysis of the most recent data 
regarding the rate at which juveniles are subject to solitary 
confinement and the trends demonstrated by the data described in the 
next sentence. The data referred to in the preceding sentence are, for 
each juvenile who was subject to solitary confinement during the period 
to which the report pertains, the types of offenses for which the 
juvenile is incarcerated, the race, gender, and age of the juvenile, 
how many hours the juvenile was subject to solitary confinement; and 
the purpose for the solitary confinement.''.
                                 <all>
```
# Official Journal L 242/2012

| | ISSN 1977-0677
  doi:10.3000/19770677.L_2012.242.eng |
| --- | --- |
| Official Journal
  of the European Union | L 242 |
| | |
| English edition | Legislation | Volume 557 September 2012 |

ISSN 1977-0677

doi:10.3000/19770677.L_2012.242.eng

Official Journal

of the European Union

L 242

English edition

Legislation

Volume 557 September 2012

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Regulation (EU) No 791/2012 of 23 August 2012 amending, as regards certain provisions relating to the trade in species of wild fauna and flora, Regulation (EC) No 865/2006 laying down detailed rules for the implementation of Council Regulation (EC) No 338/97 | 1 |
| | * | Commission Implementing Regulation (EU) No 792/2012 of 23 August 2012 laying down rules for the design of permits, certificates and other documents provided for in Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein and amending Commission Regulation (EC) No 865/2006 | 13 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Regulation (EU) No 791/2012 of 23 August 2012 amending, as regards certain provisions relating to the trade in species of wild fauna and flora, Regulation (EC) No 865/2006 laying down detailed rules for the implementation of Council Regulation (EC) No 338/97

1

*

Commission Implementing Regulation (EU) No 792/2012 of 23 August 2012 laying down rules for the design of permits, certificates and other documents provided for in Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein and amending Commission Regulation (EC) No 865/2006

13

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
In the MATTER OF: G.W., E.W., and J.W.

No. COA16-857

Court of Appeals of North Carolina.

Filed: March 21, 2017

AFFIRMED.
STATE of North Carolina v. Norman Johnson OAKLEY, Jr.

No. COA15-1126.

Court of Appeals of North Carolina.

June 7, 2016.

**CASE REPORTED WITHOUT PUBLISHED OPINION**

No Error in Part; Vacated and Remanded in Part.
Exhibit 32(a)

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 accompanying Quarterly Report of Windstream Corporation (the Company) on Form 10-Q for the
period ending September 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Jeffery R. Gardner, Chief Executive Officer and President of the Company, certify, pursuant to 18 U.S.C. 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge, 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.
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                      |  | 
|------------------------------------- |  | 
|/s/ Jeffery R. Gardner               
|Jeffery R. Gardner                   
|Chief Executive Officer and President
|November 8, 2007                     

A signed original of this written statement required by Section 906 has been provided to Windstream
Corporation and will be retained by Windstream Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
State v. Marvin Wade Millsaps

374P13-6

Supreme Court of North Carolina.

June 9, 2016

Barry H. Bloch, Assistant Attorney General, Sarah Kirkman, District Attorney, For State of North Carolina.

Marvin W. Millsaps, Pro Se.

The following order has been entered on the motion filed on the 15th of April 2016 by Defendant to Proceed In Forma Pauperis:

"Motion Allowed by order of the Court in conference, this the 9th of June 2016."
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 State

          - [Public Notice 5191] 

*Summary:*                     Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681,                     *et seq.*; 22 U.S.C. 6501 note,                     *et seq.*), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects to be included in the exhibition “The Terracotta Warriors of Emperor Qin Shihuang,” imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at The John F. Kennedy Center for the Performing Arts, Washington, DC, from on or about October 1, 2005 to on or about October 31, 2005, and at possible additional venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the                     **Federal Register**                    .                 

*For Further Information Contact:*                     For further information, including a list of the exhibit objects, contact Wolodymyr R. Sulzynsky, the Office of the Legal Adviser, Department of State, (telephone: 202/453-8050). The address is Department of State, SA-44, 301 4th Street, SW., Room 700, Washington, DC 20547-0001.                 

Dated: September 14, 2005. 

C. Miller Crouch, 

Principal Deputy Assistant Secretary for Educational and Cultural Affairs, Department of State. 

[FR Doc. 05-18848 Filed 9-20-05; 8:45 am] 

BILLING CODE 4710-08-P
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

ROBERT C. HENSON,

Plaintiff-Appellant,

v.

No. 96-1071

THE CITY OF GREENSBORO, NORTH

CAROLINA,

Defendant-Appellee.

Appeal from the United States District Court

for the Middle District of North Carolina, at Greensboro.

Richard C. Erwin, Senior District Judge.

(CA-95-22-2)

Submitted: January 31, 1997

Decided: February 24, 1997

Before HALL, WILLIAMS, and MOTZ, Circuit Judges.

_________________________________________________________________

Affirmed by unpublished per curiam opinion.

_________________________________________________________________

COUNSEL

Norman Barrett Smith, SMITH, FOLLIN & JAMES, Greensboro,

North Carolina, for Appellant. Martin N. Erwin, John J. Korzen,

SMITH, HELMS, MULLISS & MOORE, L.L.P., Greensboro, North

Carolina, for Appellee.

_________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).

_________________________________________________________________

OPINION

PER CURIAM:

Robert Henson appeals from the district court's order granting

summary judgment to the Defendants and dismissing Henson's action under the Americans with Disabilities Act (ADA), 42 U.S.C.

§§ 12101-12213 (1994). We affirm.

Henson, a former lake ranger employed by the City of Greensboro

(City), claims that the City had the duty, under the ADA, to reasonably accommodate him when he injured his back in a non-work

related automobile accident. See 29 C.F.R.§ 1630.9(a) (1995). To

bring a claim under the ADA, Henson must establish that he: (1) has

a disability, (2) is otherwise qualified for the employment or benefit

in question, and (3) was excluded for the employment or benefit due

to discrimination solely on the basis of the disability. See Tyndall v.

National Educ. Ctrs., 31 F.3d 209, 212 (4th Cir. 1994).* The ADA

defines a qualified individual as "an individual with a disability who,

with or without reasonable accommodation, can perform the essential

functions of the employment position that such individual holds or

desires." 42 U.S.C.A. § 12111(8) (1995). Review of the record reveals

that Henson can no longer perform the essential job functions of lake

ranger and therefore, he is not a qualified individual. Accordingly, we

affirm the district court's order.

We dispense with oral argument because the facts and legal conten-

_________________________________________________________________

*The district court relied on the proof scheme established in

McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1979). However,

because there is no factual dispute over the reasons for discharge, this

proof scheme is not appropriate. See Williams v. Channel Master Satellite Sys., Inc., 101 F.3d 346, 348 n.1 (4th Cir. 1996). Regardless, under

the proof scheme of Tyndall, Henson fails to make out a prima facie case

of discrimination under the ADA.

 2
tions are adequately presented in the materials before the court and

argument would not aid the decisional process.

AFFIRMED

 3