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should not be published and is not precedent except under the limited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. 08-40150

Summary Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

GERARDO MUNIZ-QUINTANA

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 5:07-CR-773-1

Before KING, DENNIS, and OWEN, Circuit Judges.

PER CURIAM:*

Gerardo Muniz-Quintana (Muniz) pleaded guilty to having illegally

reentered the United States following a prior deportation. He was sentenced to

57 months of imprisonment and a three-year term of supervised release.

In his sole issue on appeal, Muniz argues that the district court

erroneously denied him a reduction for acceptance of responsibility pursuant to

U.S.S.G. § 3E1.1. He contends that the district court impermissibly considered

his criminal history and his likelihood of recidivism in deciding that the

United States Court of Appeals

Fifth Circuit

F I L E D

October 24, 2008

Charles R. Fulbruge III

Clerk
No. 08-40150

2

reduction was unwarranted. We need not decide that issue here. The district

court alternatively supported its determination with a finding that Muniz had

pleaded guilty in an attempt to get a lower sentence rather than as a result of

sincere contrition or remorse. This finding was adequate to refuse the § 3E1.1

reduction. See United States v. Nguyen, 190 F.3d 656, 658 (5th Cir. 1999). The

district court’s decision not to award the reduction pursuant to § 3E1.1 was not

withoutfoundation and will be upheld. UnitedStates v. Juarez-Duarte, 513F.3d

204, 211 (5th Cir.), cert. denied, 128 S. Ct. 2452 (2008).

Even if the district court erred, “[n]ot all errors in determining a

defendant’s guideline sentence require reversal.” United States v. Bonilla, 524

F.3d 647, 656 (5th Cir. 2008). An error in applying the Guidelines is reversible

error in cases involving non-Guideline sentences only if the sentence resulted

from the error. See id. Moreover, in Bonilla, we concluded that a

non-Guidelines sentence does not result from the district court’s miscalculation

of the Guidelines range if the district court: (1) contemplated the correct

Guideline range in its analysis and (2) stated that it would have imposed the

same sentence even if that range applied. See id.

The facts in this case are indistinguishable from Bonilla. Here, the

district court was aware of the correct Guidelines range with and without the

§ 3E1.1 reduction. The district court declared that it would have sentenced

Muniz to 57 months of imprisonmentin any event. Under Bonilla, any assumed

error by the district court is not reversible.

AFFIRMED.
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pa ne l una ni m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l a r g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T D EA N PH I LI P H A RRI S, P la in tif

f - A p p e lla n t, v. ESTA TE O F D R. I A N RO BERT DU NC AN , D ef

endant- A pp el l ee . N o. 09- 35430 D . C. N o . 3 : 0 7 - c v - 0 0 8 0 6 - ST ME MOR AN DU M *

A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt

f orthe D i s tr i c tof

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# FI LED MA R 10 2011 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS09- 35430 2 d e n o v o , T

oguc hiv . Chung , 39 1 F . 3d 10 51 , 10 56 (9th C i r. 20 04 ), and w e m ay a f f i rm on a nygr ound s upport e d bythe r e c or d, O ’G u i n n v. L o velo ck C o rr. C tr. , 502 F. 3 d 1 0 5 6 , 1 0 5 9 ( 9 th Ci r . 2 0 0 7 ) . W e a f f i rm. T he di stri ctcourtprop er l y grant ed sum m ary j ud gm entbecause H arri s f ai l ed to r a is e ag e n u in e is s u e o f m a te r ia l f

a c t a s to w h e th e rd e f

e n d a n t w a s d e lib e r a te ly in d if f e r e n t to h is lo w e rb a c kp a in . See T oguc hi , 3 9 1 F .3 da t 1 0 6 0 ( “D e lib e r a te i ndi f f e r e nc e i s ahi gh l e ga l s t a nda r d. A s how i ng of m e di c a l m a l pr a c t i c e or n e g lig e n c e is in s u f

f ic ie n t to e s tab lis h ac o n s titu tio n a l d e p r iv a tio n u n d e rth e E ig h th A m endm ent . ”) ; N

e ls o n v . P im a Cm ty . C o ll. , 83 F . 3d 1075, 1081- 82 ( 9th C i r . 1996) ( “ [ M ] e r e a l l e ga t i on a nd s pe c ul a t i on do notc r e a t e af a c tua l di s put e f

orpurpos e s of s u m m a ryju d g m e n t.” ) . T he di s tr i c tc ourtdi d notabus e i t s di s c r e t i on i n de ny i ng H a rr i s ’ s m ot i on f or ap p o in tm e n t o f

c o u n s e l b e c au s e h e f

a ile dto e s tab lis h e x c e p tio n a l c ir c u m s ta n c e s . Se e A g y e ma n v . C o rr . C o r

p . o f A m. , 390 F . 3d 1101, 1103 ( 9th C i r . 2004) ( s e tt i ng forth st andard of revi ew and requi re m ent s f or appo i ntm entof coun se l ). H arri s’ s r em ai ni ng cont ent i on s are un pers uasi ve. W e d o n o t c o n s id e rH a rr is ’s a r g u m e n ts r a is e df o rth e f ir s t tim e o n ap p e a l. See Sm i th v. M

a rsh , 19 4 F . 3d 10 45 , 10 52 (9th C i r. 19 99 ). AF F I RME D.
ROBESON COUNTY ENFORCEMENT UNIT EX REL. Angela HARRISON, Plaintiff, v. Andre HARRISON, Defendant.

No. COA17-558

Court of Appeals of North Carolina.

Filed: June 5, 2018

AFFIRMED.
Exhibit 32.1

Certification of Chief Executive Officer Pursuant to 18 U. S. C. Section 1350, as Adopted Pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002

Pursuant to 18 U.S.C. § 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of THOMAS PROPERTIES GROUP, INC. (the Company) hereby certifies, to such officers knowledge, that:



| | (i) | the Quarterly Report on Form 10-Q of the Company for the quarterly period ended March 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the
Report) fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and
| | --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (ii) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of the dates and for the
periods expressed in the Report.
| | ---- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                           |  |                        
|-------------------------- |  | -----------------------
|Dated:        May 10, 2007 |  | /s/ James A. Thomas    
|                           |  | James A. Thomas        
|                           |  | Chief Executive Officer

The foregoing certification is being furnished solely pursuant to 18 U.S.C § 1350 and shall
not be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended or incorporated by reference in any registration statement of the Company filed under the Securities Act of 1933, as amended.

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.
In the MATTER OF: C.B.T.

No. COA17-1209

Court of Appeals of North Carolina.

Filed: April 17, 2018

AFFIRMED.
# Official Journal C 88A/24 F

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 88A |
| | |
| English edition | Information and Notices | Volume 6524 February 2022 |

ISSN 1977-091X

Official Journal

of the European Union

C 88A

English edition

Information and Notices

Volume 6524 February 2022

---

| Contents | page |
| --- | --- |
| | V   Announcements |
| | ADMINISTRATIVE PROCEDURES |
| | European Commission |
| 2022/C 88 A/01 | Notice amending Innovative Health Initiative Joint Undertaking (IHI JU) – Publication of a vacancy for the function of Executive Director of the Innovative Health Initiative Joint Undertaking (IHI JU) (Temporary Agent – Grade AD 14) – COM/2022/20075 ( OJ C 48 A, 31.1.2022 ) | 1 |

Contents

page

V   Announcements

ADMINISTRATIVE PROCEDURES

European Commission

2022/C 88 A/01

Notice amending Innovative Health Initiative Joint Undertaking (IHI JU) – Publication of a vacancy for the function of Executive Director of the Innovative Health Initiative Joint Undertaking (IHI JU) (Temporary Agent – Grade AD 14) – COM/2022/20075 ( OJ C 48 A, 31.1.2022 )

( OJ C 48 A, 31.1.2022 )

1

---

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

EN
STATE of North Carolina v. John Andrew MADDUX

No. 278PA17

Supreme Court of North Carolina.

March 1, 2018

Anne Bleyman, Attorney at Law, for Maddux, John Andrew.

Phillip K. Woods, Special Deputy Attorney General, Susan I. Doyle, District Attorney, for State of North Carolina.

***ORDER***

Upon consideration of the petition filed by State of NC on the 17th of August 2017 for Writ of Supersedeas of the judgment of the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Allowed by order of the Court in conference, this the 1st of March 2018."

Upon consideration of the petition filed on the 29th of August 2017 by State of NC in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Allowed by order of the Court in conference, this the 1st of March 2018."
Howard A. JACOBSON, Plaintiff, v. Diana Angela PADGETT, Defendant.

No. COA 17-192

Court of Appeals of North Carolina.

Filed: February 6, 2018

DISMISSED.
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 Justice

###### Antitrust Division 

                    Notice is hereby given that, on September 21, 2004, pursuant to section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301*et seq.*                     (“the Act”), National Board for Certification in Occupational Therapy, Inc. (“NBCOT”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing (1) the name and principal place of business of the standards development organization and (2) the nature and scope of this standards development activities. The notifications were filed for the purpose of invoking the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances.                

Pursuant to section 6(b) of the Act, the name and principal place of business of the standards development organization is: National Board for Certification in Occupational Therapy, Inc., Gaithersburg, MD. The nature and scope of NBCOT's standards development activities are: the development, administration, and continual review of a certification process based on current and valid standards that provide reliable indicators of competence for the practice of occupational therapy.

Dorothy B. Fountain,

Deputy Director of Operations, Antitrust Division.

[FR Doc. 05-1981  Filed 2-1-05; 8:45 am]

BILLING CODE 4410-11-M
STATE of North Carolina, v. Terry Terrale MOORE.

No. COA17-183

Court of Appeals of North Carolina.

Filed: January 2, 2018

AFFIRMED.
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4585 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4585

         For the relief of Antonia Esmeralda Aguilar Belmontes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 6, 2014

 Mr. George Miller of California introduced the following bill; which 
             was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
         For the relief of Antonia Esmeralda Aguilar Belmontes.

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

SECTION 1. PERMANENT RESIDENT STATUS FOR ANTONIA ESMERALDA AGUILAR 
              BELMONTES.

    (a) In General.--Notwithstanding subsections (a) and (b) of section 
201 of the Immigration and Nationality Act, Antonia Esmeralda Aguilar 
Belmontes shall be eligible for issuance of an immigrant visa or for 
adjustment of status to that of an alien lawfully admitted for 
permanent residence upon filing an application for issuance of an 
immigrant visa under section 204 of such Act or for adjustment of 
status to lawful permanent resident.
    (b) Adjustment of Status.--If Antonia Esmeralda Aguilar Belmontes 
enters the United States before the filing deadline specified in 
subsection (c), she shall be considered to have entered and remained 
lawfully and shall, if otherwise eligible, be eligible for adjustment 
of status under section 245 of the Immigration and Nationality Act as 
of the date of the enactment of this Act.
    (c) Deadline for Application and Payment of Fees.--Subsections (a) 
and (b) shall apply only if the application for issuance of an 
immigrant visa or the application for adjustment of status is filed 
with appropriate fees within 2 years after the date of the enactment of 
this Act.
    (d) Reduction of Immigrant Visa Number.--Upon the granting of an 
immigrant visa or permanent residence to Antonia Esmeralda Aguilar 
Belmontes, the Secretary of State shall instruct the proper officer to 
reduce by 1, during the current or next following fiscal year, the 
total number of immigrant visas that are made available to natives of 
the country of the alien's birth under section 203(a) of the 
Immigration and Nationality Act or, if applicable, the total number of 
immigrant visas that are made available to natives of the country of 
the alien's birth under section 202(e) of such Act.
    (e) Denial of Preferential Immigration Treatment for Certain 
Relatives.--The natural parents, brothers, and sisters of Antonia 
Esmeralda Aguilar Belmontes shall not, by virtue of such relationship, 
be accorded any right, privilege, or status under the Immigration and 
Nationality Act.
                                 <all>
```
| DEAN HELLERSecretary of State204 North Carson Street, Suite 1Carson City, Nevada  88701-4299(775) 684 5706Website: secretaryofstate.biz | FILED # C24003-03DEC 30 2004IN THE OFFICE OFDEAN HELLER, SECRETARY OF STATE |
|-----------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------|

Exhibit 3.4
| Certificate of Change Pursuantto NRS 78.209 |
|---------------------------------------------|

**Certificate of Change filed Pursuant to NRS 78.209**

**For Nevada Profit Corporations**

1.  Name of corporation:

METASUN ENTERPRISES, INC.

2.  The board of directors have adopted a resolution pursuant to NRS 78.207 and have obtained any required approval of the stockholders.

3.  The current number of authorized shares and the par value, if any, of each class or series, if any, of shares before the change:

Seventy-five million (75,000,000) shares of common stock with a par value of $0.001

4.  The number of authorized shares and the par value, if any, of each class or series, if any, of shares after the change:

No Change

5.  The number of shares of each affected class or series, if any, to be issued after the change in exchange for each issued share of the same class or series:

The corporation shall issue 5.322687957 shares of common stock per each one (1) share of common stock issued. 

6.  The provisions, if any, for the issuance of fractional shares, or for the payment of money or the issuance of scrip to stockholders otherwise entitled to a fraction of a share and the percentage of outstanding shares affected thereby:

No fractional shares shall be issued.  Shareholders entitled to receive a fraction of a share equal to or greater than 0.5 will instead receive one whole share and a shareholder otherwise entitled to receive a fraction of a share less than 0.5 will forfeit such entitlement.

7.  Effective date of filing (optional):  
| 8.  Officer Signature: | /s/ Chad DeGrootSignature | PRESIDENTTitle |
|------------------------|---------------------------|----------------|

IMPORTANT: Failure to include any of the above information and submit the proper fees may cause this filing to be rejected.
Exhibit 32.1

Certification of Chief Executive Officer Pursuant to 18 U. S. C. Section 1350, as Adopted Pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002

Pursuant to 18 U.S.C. § 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of THOMAS PROPERTIES GROUP, INC. (the Company) hereby certifies, to such officers knowledge, that:



| | (i) | the Quarterly Report on Form 10-Q of the Company for the quarterly period ended September 30, 2006 as filed with the Securities and Exchange Commission on the date hereof (the
Report) fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (ii) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of the dates and for the
periods expressed in the Report.
| | ---- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                         |  |  |  |                     |  |                        
|------------------------ |  |  |  | ------------------- |  | -----------------------
|Dated: November 14, 2006 |  |  |  | /s/ James A. Thomas
|                         |  |  |  |                     |  | James A. Thomas        
|                         |  |  |  |                     |  | Chief Executive Officer

The foregoing certification is being furnished solely pursuant to 18 U.S.C § 1350 and shall
not be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended or incorporated by reference in any registration statement of the Company filed under the Securities Act of 1933, as amended.

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.
Ron METCALF, Head of Household v. GRAHAM COUNTY DEPARTMENT OF SOCIAL SERVICES

No. 71P18

Supreme Court of North Carolina.

April 5, 2018

Ron David Metcalf, for Metcalf, Ron, et al.

Daniel P. O'Brien, Special Deputy Attorney General, for Graham County Department of Social Services.

***ORDER***

Upon consideration of the petition filed by Plaintiff on the 12th of March 2018 in this matter for a writ of certiorari to review the order of the Superior Court, Graham County, the following order was entered and is hereby certified to the Superior Court of that County:

"Dismissed by order of the Court in conference, this the 5th of April 2018."

The following order has been entered on the motion filed on the 12th of March 2018 by Plaintiff to Proceed In Forma Pauperis:

"Motion Allowed by order of the Court in conference, this the 5th of April 2018."

The following order has been entered on the motion filed on the 12th of March 2018 by Plaintiff to Appoint Counsel:

"Motion Dismissed as moot by order of the Court in conference, this the 5th of April 2018."
#### STATE of Missouri, Respondent, v. Kevin R. O’CONNELL, Appellant.

No. WD 61225.

Missouri Court of Appeals, Western District.

May 27, 2003.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 1, 2003.

Application for Transfer Denied Aug. 26, 2003.

Irene Karns, Assistant State Public Defender, Columbia, MO, for Appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Patrick T. Morgan, Assistant Attorney General, Jefferson City, MO, for Respondent.

*82Before ELLIS, C.J., and HOWARD and HARDWICK, JJ.

Order

PER CURIAM.

Kevin R. O’Connell (“O’Connell”) appeals his conviction in Boone County for kidnapping. O’Connell waived his right to a jury, and the Honorable Gene Hamilton convicted him of kidnapping under § 565.110.1(1) and sentenced him as a persistent felony offender to a term of twenty-five years imprisonment. O’Connell raises two points on appeal. In his first point, he alleges there was insufficient evidence to support a conviction for kidnapping under § 565.110.1(1). O’Connell argues in his second point that the trial court erred in overruling his motion for acquittal at the close of the evidence and thereafter convicting him of kidnapping Paula Heaviland because the court misconstrued the “ransom or reward” element of § 565.110.1(1).

Affirmed. Rule 30.25(b).
LETENDRE v. CURRITUCK COUNTY

178P18-1

Supreme Court of North Carolina.

June 19, 2018

Donald I. McRee, Jr., Currituck County Attorney, for Currituck County (North Carolina).

Jonathan E. Hall, Attorney at Law, Michael Joseph Crook, Attorney at Law, Raleigh, Gregory E. Wills, Attorney at Law, Point Harbor, Jamie S. Schwedler, Attorney at Law, Raleigh, for LeTendre, Elizabeth E.

The following order has been entered on the motion filed on the 18th of June 2018 by Plaintiff for Temporary Stay:

"Motion Allowed by order of the Court in conference, this the 19th of June 2018."