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. 07-11252

Conference Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

CESAR VELASQUEZ-CORONADO

Defendant-Appellant

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 3:07-CR-201-ALL

Before KING, BARKSDALE, and OWEN, Circuit Judges.

PER CURIAM:*

Cesar Velasquez-Coronado (Velasquez) appeals the sentence imposed by

the district court following his conviction of being illegally found in the United

States after removal. Velasquez, who was serving a state sentence when he was

turned over to immigration authorities, argues that the district court erred by

increasing his criminal history score pursuantto U.S.S.G. § 4A1.1(d). He argues

that, for purposes of § 4A1.1(d), the offense of being found illegally in the United

United States Court of Appeals

Fifth Circuit

F I L E D

October 22, 2008

Charles R. Fulbruge III

Clerk
No. 07-11252

2

States should terminate when a defendant is compelled to remain in the United

States by a criminal justice sentence. 

Velasquez concedes that the issue is foreclosed by United States v.

Santana-Castellano, 74 F.3d 593 (5th Cir. 1996), but he raises the issue to

preserve it for further review. The Government has filed a motion to dismiss the

appeal or for summary affirmance and has alternatively requested an extension

of time in which to file a brief. 

“Where a deported alien enters the United States and remains here with

the knowledge that his entry is illegal, his remaining here until he is ‘found’ is

a continuing offense.” Santana-Castellano, 74 F.3d at 598. “Because a ‘found

in’ violation is a continuing violation until the date the alien is discovered by

immigration authorities, [Velasquez] committed all or part of that violation on

the date he was discovered while imprisoned on the state offense.” Id. The court

in Santana-Castellano rejected the contention that § 4A1.1(d) did not apply

because the defendant was incarcerated and thus could not leave the United

States. See id. at 597. Velasquez’s argument is foreclosed.

Accordingly, the Government’s motion for summary affirmance is

GRANTED, its alternative request to dismiss the appeal or for an extension of

time is DENIED, and the judgment of the district court is AFFIRMED.
#### In the Matter of Richard L. REPPERT.

No. 43 DB 2003 (No. 14 RST 2003).

Supreme Court of Pennsylvania.

Aug. 1, 2003.

*ORDER*

PER CURIAM:

AND NOW, this 1st day of August, 2003, The Report and Recommendations of The Disciplinary Board of the Supreme Court of Pennsylvania dated June 27, 2003, are approved and IT IS ORDERED that RICHARD L. REPPERT, who has been on inactive status, has never been suspended or disbarred, and has demonstrated that he has the moral qualifications, competency and learning in law required for admission to practice in the Commonwealth, shall be and is, hereby reinstated to active status as a member of the Bar of this Commonwealth. The expenses incurred by the Board in the investigation and processing of the Petition for Reinstatement shall be paid by the Petitioner.
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. United States Court of Appeals Fifth Circuit 

## FILED July 13, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-50025 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus MANUEL REMEDIOS SALINAS-PORCAYO, also known as Manuel R. Salinas, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 1:05-CR-183-ALL

-------------------- Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.
PER CURIAM: * Appealing the Judgment in a Criminal Case, Manuel Remedios Salinas-Porcayo 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. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.
STATE v. Daniel LUNA

406P17-1

Supreme Court of North Carolina.

March 1, 2018

Daniel Luna, for Luna, Daniel.

Daniel P. O'Brien, Special Deputy Attorney General, Ben R. David, District Attorney, for State of N.C.

The following order has been entered on the motion filed on the 1st of February 2018 by Defendant to Withdraw:

"Motion Allowed by order of the Court in conference, this the 1st of March 2018."
[Federal Register Volume 70, Number 182 (Wednesday, September 21, 2005)]
[Rules and Regulations]
[Page 55250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18890]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. 29334; Amendment No. 71-37]


Airspace Designations; Incorporation by Reference; Correction

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correction.

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

SUMMARY: This action corrects an error in the effective date contained 
in a Final Rule that was published in the Federal Register on September 
1, 2005 (70 FR 52012). That Final Rule amended Title 14 Code of Federal 
Regulations (14 CFR) part 71 relating to airspace designations to 
reflect the approval by the Director of the Federal Register of the 
incorporation by reference of FHA Order 7400.9N, Airspace Designations 
and Reporting Points.

DATES: These regulations are effective September 15, 2005. The 
incorporation by reference of FAA Order 7400.9N is approved by the 
Director of the Federal Register as of September 15, 2005, through 
September 15, 2006.

FOR FURTHER INFORMATION CONTACT: Tameka Bentley, telephone (202) 267-
8783.

    Issued in Washington, DC on September 16, 2005.
Michael Chase,
Branch Manager, Air Traffic and Airman and Airport Certification Law, 
Regulations Division.
[FR Doc. 05-18890 Filed 9-16-05; 3:48pm]
BILLING CODE 4910-13-M
Exhibit 12

                        PennFed Financial Services, Inc.
               Computation of Ratios of Earnings to Fixed Charges
                             (Dollars in thousands)

<TABLE>
<CAPTION>
                                                                  Year ended June 30,
                                                    -----------------------------------------------

                                                      2003      2002     2001      2000      1999
                                                    -------   -------   -------   -------   -------

Earnings:
<S>                                                 <C>       <C>       <C>       <C>       <C>
    Earnings before income tax expense              $21,841   $22,619   $19,321   $19,921   $17,761
    Add: interest on borrowed funds                  29,974    30,681    28,299    24,443    20,138
    Add: interest on trust preferreds                   112      --        --        --        --
                                                    -------   -------   -------   -------   -------
    Earnings before fixed charges excluding
       interest on deposits                          51,927    53,300    47,620    44,364    37,899
    Interest on deposits                             32,870    42,181    51,285    46,758    48,648

                                                    -------   -------   -------   -------   -------
    Earnings before fixed charges                   $84,797   $95,481   $98,905   $91,122   $86,547
                                                    =======   =======   =======   =======   =======

Fixed charges:
    Interest on borrowed funds & trust preferreds   $30,086   $30,681   $28,299   $24,443   $20,138
                                                    =======   =======   =======   =======   =======

    Fixed charges excluding interest on
       deposits                                     $30,086   $30,681   $28,299   $24,443   $20,138
    Interest on deposits                             32,870    42,181    51,285    46,758    48,648
                                                    -------   -------   -------   -------   -------

    Total fixed charges                             $62,956   $72,862   $79,584   $71,201   $68,786
                                                    =======   =======   =======   =======   =======

    Ratio of earnings to fixed charges
       excluding interest on deposits                1.73 x    1.74 x    1.68 x    1.81 x    1.88 x
                                                    =======   =======   =======   =======   =======

    Ratio of earnings to fixed charges
       including interest on deposits                1.35 x    1.31 x    1.24 x    1.28 x    1.26 x
                                                    =======   =======   =======   =======   =======
</TABLE>
[Federal Register Volume 70, Number 189 (Friday, September 30, 2005)]
[Notices]
[Page 57321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19525]


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

DEPARTMENT OF THE INTERIOR

National Park Service


National Register of Historic Places; Notification of Pending 
Nominations and Related Actions

    Nominations for the following properties being considered for 
listing or related actions in the National Register were received by 
the National Park Service before September 3, 2005. Pursuant to Sec.  
60.13 of 36 CFR part 60 written comments concerning the significance of 
these properties under the National Register criteria for evaluation 
may be forwarded by United States Postal Service, to the National 
Register of Historic Places, National Park Service, 1849 C St. NW., 
2280, Washington, DC 20240; by all other carriers, National Register of 
Historic Places, National Park Service, 1201 Eye St. NW., 8th floor, 
Washington DC 20005; or by fax, 202-371-6447. Written or faxed comments 
should be submitted by October 17, 2005.

John W. Roberts,
Acting Chief, National Register/National Historic Landmarks Program.

COLORADO

Morgan County

German Evangelical Immanuel Congregational Church, 209 Everett St., 
Brush, 05001161

MISSOURI

Shannon County

Alton Club, Gravel road, 1.5 mi. W of MO 19 and 12 Mi. N of 
Eminence, Eminence, 05001162

St. Louis Independent City

Hamilton Place Historic District, 5900-6000 blks of Enright, Cates, 
and Clemens, St. Louis (Independent City), 05001164
Measuregraph Company Building, 4245 Forest Park Blvd., St. Louis 
(Independent City), 05001163

OKLAHOMA

Cherokee County

Logan, Leonard M., House, 531 Summit, Tahlequah, 05001165

TEXAS

Travis County

West Line Historic District, Roughly bounded by Baylor St., W. Fifth 
and Sixth Sts., MoPac Expressway, Austin, 05001166

[FR Doc. 05-19525 Filed 9-29-05; 8:45 am]
BILLING CODE 4312-51-P
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 08-7136

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

COURTNEY FLOYD GREGORY, a/k/a Bobby Lee Graves, a/k/a Deangelo

D. Marsh, a/k/a Marcello N. Williams,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern

District of Virginia, at Newport News. Raymond A. Jackson,

District Judge. (4:96-cr-00022-RAJ-1)

Submitted: September 17, 2008 Decided: October 3, 2008

Before NIEMEYER and MOTZ, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Courtney Floyd Gregory, Appellant Pro Se. Michael R. Smythers,

Assistant United States Attorney, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Courtney Floyd Gregory appeals the district court’s

orders denying his motion for reduction of sentence, 18 U.S.C.A.

§ 3582(c) (2000). We have reviewed the record and find no

reversible error. Accordingly, we affirm for the reasons stated by

the district court. United States v. Gregory, No. 4:96-cr-00022-

RAJ-1 (E.D. Va. filed Mar. 14, entered Mar. 17, 2008; May 27,

2008). We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before the

court and argument would not aid the decisional process.

AFFIRMED
1537.

#### Daniels *et al. v.*The State.

Accusation of larceny from house, from city court of Springfield — Judge Smith. October 20, 1908.

Submitted January 14,

Decided January 27, 1909.

*Strange .&*Cobb, for plaintiff in error.

*R. W. Sheppard, solicitor, D. H. Ciarle,*contra.

Powell, J.

1. This court has jurisdiction of a writ of error from the city court of Spring-field. While in the act creating that court Springfield is referred to as a town, yet by the act of 1907 (Georgia Laws 1907, p. 923) this municipality was expressly declared by the legislature to be a city.

2. The evidence clearly shows that a larceny was committed, and raises a strong suspicion that the defendants, or some of them, were involved in the commission of the larceny; yet the circumstances adduced were not sufficient legally to connect any particular defendant with the crime. The conviction must therefore be set aside. *Judgment reversed.*
STATE of North Carolina v. Nick BOBICH, Defendant.

No. COA17-145

Court of Appeals of North Carolina.

Filed: October 17, 2017

The State appeals from an order of the trial court granting a motion to suppress filed by Nick Bobich ("Defendant").

REVERSED.
Brenda WYNN, Plaintiff, v. TYRRELL COUNTY BOARD OF EDUCATION and Michael J. Dunsmore, individually and in his official capacity, Defendants.

No. COA16-1130

Court of Appeals of North Carolina.

Filed: May 16, 2017

AFFIRMED.
#### Joseph W. HADWIN v. Kelly WARD, et al.

No. 2002-CI-1696.

Supreme Court of Louisiana.

Sept. 19, 2003.

In re Hadwin, Joseph W.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. 0, Nos. 422,-240, 422,391, 422,392, 420,910, 424,339, 424,767; to the Court of Appeal, First Circuit, No(s). 2002-CW-0202, 2001-CW-3014, 2002-CW-0113, 2001-CW-2980.

Denied.
# Official Journal C 14/2021

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 14 |
| | |
| English edition | Information and Notices | Volume 6413 January 2021 |

ISSN 1977-091X

Official Journal

of the European Union

C 14

English edition

Information and Notices

Volume 6413 January 2021

---

| Contents | page |
| --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2021/C 14/01 | Non-opposition to a notified concentration (Case M.10068 — Brookfield/Mansa/Polenergia) (
  1
  ) | 1 |

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2021/C 14/01

Non-opposition to a notified concentration (Case M.10068 — Brookfield/Mansa/Polenergia) (
  1
  )

1

1

---

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2021/C 14/02 | Euro exchange rates — 12 January 2021 | 2 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2021/C 14/02

Euro exchange rates — 12 January 2021

2

---

| | V   Announcements |
| --- | --- |
| | OTHER ACTS |
| | European Commission |
| 2021/C 14/03 | Publication of an application pursuant to Article 17(6) of Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 | 3 |

V   Announcements

OTHER ACTS

European Commission

2021/C 14/03

Publication of an application pursuant to Article 17(6) of Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89

3

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

---

(1)   Text with EEA relevance.

1

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

EN
Exhibit 32.2

Section 906 CFO Certification

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT
TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the quarterly report of Colony Resorts LVH Acquisitions, LLC (the Company) on Form 10-Q for the quarter ended March 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Robert Schaffhauser, Executive Vice President of Finance, respectively, of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

(1) The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

(2) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                                   
|-----------------------------------
|/s/ Robert Schaffhauser            
|Robert Schaffhauser                
|Executive Vice President of Finance
|                                   
|Date: May 13, 2009                 



- 25 -
113TH CONGRESS 

2D SESSION H. R. 4028 

AN ACT 

To amend the International Religious Freedom Act of 1998 

to include the desecration of cemeteries among the many 

forms of violations of the right to religious freedom. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 4028 EH

1 SECTION 1. FINDINGS. 

2 Congress finds the following: 

3 (1) Cemeteries are sacred sites that are of great 

4 spiritual, cultural, and historical significance to 

5 many religious and ethnic groups. 

6 (2) Congress is committed to protecting and 

7 preserving the heritage and sacred sites of national, 

8 religious, and ethnic groups, which includes ceme9 teries in the United States and abroad. 

10 (3) Cemeteries around the world have and con11 tinue to be defaced or destroyed as a direct result 

12 of their affiliation with a particular religious or spir13 itual group. 

14 (4) Such attacks constitute an assault on the 

15 fundamental right to freedom of religion, and are es16 pecially egregious when sponsored or tolerated by 

17 the local or national governments in the countries in 

18 which such offenses occur. 

19 SEC. 2. AMENDMENT TO INTERNATIONAL RELIGIOUS FREE20 DOM ACT OF 1998. 

21 Section 2(a)(4) of the International Religious Free22 dom Act of 1998 (22 U.S.C. 6401(a)(4)) is amended in 
3 

•HR 4028 EH

1 the fourth sentence by inserting ‘‘desecration of ceme2 teries,’’ after ‘‘confiscations of property,’’. 

Passed the House of Representatives May 28, 2014. 

Attest: 

Clerk. 
113TH CONGRESS 

2D SESSION H. R. 4028 

AN ACT 

To amend the International Religious Freedom Act 

to religious freedom. among the many forms of violations of the right of 1998 to include the desecration of cemeteries
State of North Carolina v. Marcus Randall Brown

No. COA16-730

Court of Appeals of North Carolina.

Filed: December 20, 2016

AFFIRMED.
IN RE ESTATE OF Joe LEONARD, Jr.

A15A1802

Court of Appeals of Georgia.

January 2, 2018

R. Leslie Waycaster, Jr., Timothy H. Allred, for appellant.

Womack, Gottlieb & Rodham, Ronald R. Womack, Steven M. Rodham, for appellee.

McFadden, Presiding Judge.

*179In *In re Estate of Leonard* , 336 Ga. App. 768, 783 S.E.2d 470 (2016), we affirmed the trial court's grant of summary judgment to *180defendant Whitfield County. In *Croy v. Whitfield County* , 301 Ga. 380, 801 S.E.2d 892 (2017), as this case was styled in the Supreme Court of Georgia, the Supreme Court reversed our decision and held that Whitfield County was not entitled to summary judgment. Therefore, we vacate our earlier opinion, we adopt in its place the Supreme Court's opinion in *Croy v. Whitfield County* , 301 Ga. 380, 801 S.E.2d 892, and we reverse the judgment below.

*Judgment reversed.*

Dillard, C. J., Barnes, P. J., Miller, P. J., Ellington, P. J., Andrews and Branch, JJ., concur.
##### 



Exhibit 32.2

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF
2002





In connection with the Annual Report of
Corinthian Colleges, Inc. (the Company) on
Form 10-K/A for the fiscal year ended June 30, 2003 as
filed with the Securities and Exchange Commission on the date
hereof (the Report), I, Dennis N. Beal, Chief
Financial Officer of the Company, certify, pursuant to
18 U.S.C. § 1350, as adopted pursuant to
§ 906 of the Sarbanes-Oxley Act of 2002, that to my
knowledge:






| |                                                                                                                                                                
| | ---------------------------------------------------------------------------------------------------------------------------------------------------------------
| | (1) The Report fully complies with the
    requirements of section 13(a) or 15(d) of the Securities
    Exchange Act of 1934; and                              
|
| | (2) The information contained in the Report
    fairly presents, in all material respects, the financial
    condition and result of operations of the Company.



| |                        
| | -----------------------
| | /s/ DENNIS N. BEAL     
| |                        
| | Dennis N. Beal         
| | Chief Financial Officer




September 26, 2003




93
* 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

June 20, 2007

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-51222

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

STEVEN FLOREZ,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. 3:06-CR-527-ALL

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

Before JONES, Chief Judge, and JOLLY and DENNIS, Circuit Judges. 

PER CURIAM:*

The attorney appointed to represent Steven Florez has moved

for leave to withdraw and has filed a brief in accordance with

Anders v. California, 386 U.S. 738 (1967). Florez has filed a

response and a motion for a writ of coram nobis. The motion for

writ of coram nobis is DENIED. Our independent review of the

record, counsel’s brief, and Florez’s response discloses no

nonfrivolous issue for appeal. The record is insufficiently

developed to allow consideration at this time of Florez’s claims

of ineffective assistance of counsel. See United States v.
No. 06-51222

-2-

Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006). Accordingly,

counsel’s motion for leave to withdraw is GRANTED, counsel is

excused from further responsibilities herein, and the APPEAL IS

DISMISSED. See 5TH CIR. R. 42.2.