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that this opinion should not be published and is not precedent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

June 25, 2003

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-50149

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MARTIN MARQUEZ-PLIEGO, also known as Martin

Mancera, also known as Jose Rojas, also known

as Jose Rojas-Villarreal, also known as Hector

M. Mendoza, also known as Martine Garcia-Torres,

also known as Martin Garcia, also known as

Martin Torres, also known as Marcos Martin,

also known as Carlos Carranva,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. A-02-CR-248-ALL-JN

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

Before DeMOSS, DENNIS, and PRADO, Circuit Judges.

PER CURIAM:*

 Martin Marquez-Pliego 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. 

Marquez complains that his sentence was improperly enhanced

pursuant to 8 U.S.C. § 1326(b) based on a prior conviction. He
No. 03-50149

-2-

argues that the sentencing provision is unconstitutional. 

Marquez thus contends that his sentence should not exceed the

maximum terms of imprisonment prescribed in 8 U.S.C. § 1326(a). 

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. 

Marquez 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.
##### 



Exhibit 32.1 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 Grey Wolf, Inc. (the Company) on Form 10-K for the
year ended December 31, 2004 (the Report), as filed with the Securities and Exchange Commission
on the date hereof, Thomas P. Richards, Chairman, President and Chief Executive Officer of the
Company and David W. Wehlmann, Executive Vice President and Chief Financial Officer of the Company,
each 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, as amended; and2.
    The information contained in the Report fairly present, in all material respects, the
financial condition and results of operations of the Company. /s/ Thomas P. Richards

Thomas P. RichardsChairman, President and Chief Executive Officer/s/ David W. Wehlmann

David W. WehlmannExecutive Vice President and Chief Financial Officer
 Date: March 16, 2004
<PAGE>
CERTAIN MATERIAL (INDICATED BY AN ASTERISK) HAS BEEN OMITTED FROM THIS DOCUMENT
PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT. THE OMITTED MATERIAL HAS BEEN
FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.


                                                                   EXHIBIT 10.28

                                 FIRST AMENDMENT

                                       TO

                    AGREEMENT BETWEEN GEN-PROBE INCORPORATED
                              AND KMC SYSTEMS, INC.

      This Amendment is made as of September __, 2001 and amends the
Development, License and Supply Agreement for the TIGRIS instrument made between
Gen-Probe Incorporated and KMC Systems, Inc., effective as of October 16, 2000
(the "Agreement").

      The parties hereby agree to amend the Agreement as follows:

      1. Definitions. Capitalized terms not defined in this Amendment shall have
the meanings set forth in the Agreement.

      2. Purpose. The purpose of this Amendment is to recognize and give effect
to changes in circumstances due to the passage of time since the parties
originally began negotiation of the Agreement. The parties signed an interim
agreement as of October 20, 2000 and thereafter began negotiation of a
definitive written agreement. Due to circumstances beyond the control of the
parties, the negotiation of the definitive written agreement extended
significantly longer than originally anticipated. The purpose of this Amendment
is to update the Agreement so that the Project Plan is current in light of
developments since October 20, 2000.

      3. Revised Dates. The parties agree that the Project Plan attached hereto
as Exhibit A-1 shall be substituted in place of Exhibit 1 to the Agreement. All
dates set forth in the Agreement prior to the commencement of Production Build
shall be deemed to be modified consistent with the dates set forth in Exhibit
A-1. The revised Project Plan set forth at Exhibit A-1 is made retroactively
effective to October 16, 2000. The parties shall immediately agree upon the
schedule for the Production Build of the first 20 Production Instruments,
consistent with the dates set forth in Exhibit A-1 for the Pilot Build.

      4. Effect of Amendment. Except as expressly amended by this First
Amendment, the Agreement shall remain in full force and effect.

KMC SYSTEMS, INC.                           GEN-PROBE INCORPORATED


By:    /s/ Patrick W. McNallen               By:    /s/ Henry L. Nordhoff
     _____________________________               _________________________
       Patrick W. McNallen                          Henry L. Nordhoff
       President                                    President and
                                                    Chief Executive Officer
<PAGE>
                                   EXHIBIT A-1

                              REVISED PROJECT PLAN

 [14 Pages of Project Plan Deleted Pursuant to Confidential Treatment Request]
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 16

- 41119 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v. FRANCISCO JAVIER SANCHEZ

- VILLARREAL , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:15

- CR

- 223

- 1

Before DAVIS, CLEMENT, and OWEN, Circuit Judges. PER CURIAM: * Francisco Javier Sanchez

- Villarreal appeals the district court’s denial of his 18 U.S.C. § 3582(c)(2) motion to reduce his sentence of 155 months of imprisonment, imposed following his conviction of possession with intent to distribute five kilograms or more of cocaine . H e sought a sentenc e reduction based on Johnson v. United States , 135 S. Ct. 2551 (2015), and Welch v. United States , 136 S. Ct. 1257 (2016). On May 23, 2017, this court issued its opinion

* 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 October 31, 2017

Lyle W. Cayce Clerk Case: 16-41119 Document: 00514217781 Page: 1 Date Filed: 10/31/2017No. 16

- 41119

2 in Sanchez

- Villarreal ’s direct appeal of the district court’s judgm ent of conviction and sentence. United States v. Sanchez

- Villarreal , 857 F.3d 714 (5th Cir. 2017). This court vacated Sanchez

- Villarreal ’s 155

- month sentence and remanded the matter for resentencing. Id. at 722

- 23. Because the § 3582(c)(2) motion relate d solely to the 155

- month sentence imposed pursuant to the district court ’s judgment of October 19, 2015 (which has now been vacated), S anchez

- Villarreal ’s appeal must be DISMISSED as moot

. Sanchez

- Villarreal ’s motion for leave to proceed in forma pauperis on appeal and his motion for the appointment of counsel are DENIED as unnecessary. Case: 16-41119 Document: 00514217781 Page: 2 Date Filed: 10/31/2017
Exhibit 99.2

                        Written Statement of the Trustee
                        --------------------------------

Pursuant to 18 U.S.C. ss.1350, I, the undersigned Trustee of the Journal
Employees' Stock Trust (the "Trust"), hereby certify, based on my knowledge,
that the Quarterly Report on Form 10-Q of the Trust for the quarter ended March
31, 2003 (the "Report") fully complies with the requirements of Section 13(a) of
the Securities Exchange Act of 1934 and that information contained in the Report
fairly presents, in all material respects, the financial condition and results
of operations of the Trust.


/s/Paul M. Bonaiuto
---------------------------
Paul M. Bonaiuto
May 6, 2003

A signed original of this written statement required by Section 906 has been
provided to the Journal Employees' Stock Trust and will be retained by the
Journal Employees' Stock Trust and furnished to the Securities and Exchange
Commission or its staff upon request.
II 

116TH CONGRESS 

1ST SESSION S. 1371 

To require the Administrator of the Environmental Protection Agency to 

conduct a study on the effects of oxybenzone and octinoxate on the 

environment and public health, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 8, 2019 

Mr. MERKLEY (for himself and Ms. HIRONO) introduced the following bill; 

which was read twice and referred to the Committee on Environment and 

Public Works 

A BILL 

To require the Administrator of the Environmental Protection Agency to conduct a study on the effects of 

oxybenzone and octinoxate on the environment and public 

health, 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 ‘‘Oxybenzone and 

5 Octinoxate Impact Study Act of 2019’’. 


kjohnson on DSK79L0C42 with BILLS
2 

•S 1371 IS

1 SEC. 2. STUDY ON THE EFFECTS OF OXYBENZONE AND 

2 OCTINOXATE ON THE ENVIRONMENT AND 

3 PUBLIC HEALTH. 

4 (a) STUDY.— 

5 (1) IN GENERAL.—The Administrator of the 

6 Environmental Protection Agency (referred to in 

7 this section as the ‘‘Administrator’’) shall conduct a 

8 study on the impact of oxybenzone and octinoxate 

9 on— 

10 (A) the environment, including lethal and 

11 sublethal impacts on aquatic ecosystems; and 

12 (B) public health. 

13 (2) INCLUSION.—The study under paragraph 

14 (1) shall include analysis, documentation, and deter15 minations on the impact of oxybenzone and 

16 octinoxate on the protection and propagation of— 

17 (A) coral reefs; and 

18 (B) marine life. 

19 (3) CONSULTATION.—In conducting the study 

20 under paragraph (1), the Administrator shall consult 

21 with— 

22 (A) marine biology research centers located 

23 in the United States on the shores of large bod24 ies of water; and 

25 (B) the Director of the Centers for Disease 

26 Control and Prevention. 


kjohnson on DSK79L0C42 with BILLS
3 

•S 1371 IS

1 (b) REPORT.—Not later than 18 months after the 

2 date of enactment of this Act, the Administrator shall sub3 mit to Congress and make publicly available on the website 

4 of the Environmental Protection Agency a report that de5 scribes the results of the study conducted under subsection 

6 (a). 

Æ 


kjohnson on DSK79L0C42 with BILLS
<TABLE> <S> <C>


<ARTICLE>                     5
<MULTIPLIER>                                   1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              DEC-31-2000
<PERIOD-START>                                 JAN-01-2000
<PERIOD-END>                                   JUN-30-2000
<CASH>                                         0
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<BONDS>                                        0
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<TOTAL-REVENUES>                               15,772 <F1>
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<OTHER-EXPENSES>                               15,772
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<EPS-BASIC>                                    0 <F2>
<EPS-DILUTED>                                  0 <F2>
<FN>
<F1>  The only revenue and expense associated with the trust pertains to
      dividends received and paid out.  All dividends received are in turn paid
      out, accounting for net income of zero ($0)
<F2>  Earnings per share is not applicable as net income is zero ($0)
</FN>




</TABLE>
##### 



Exhibit 32.1 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 Irwin Financial Corporation (the Company) on Form
10-Q for the period ended March 31, 2005 as filed with the Securities and Exchange Commission on
the date hereof, (the Report), I, William I. Miller, Chairman and Chief Executive Officer, hereby
certify, to the best of my knowledge and belief, 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. Dated: April 29, 2005
    
    /s/ William I. MillerWilliam I. MillerChairman and Chief Executive Officer
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 Quarterly Report of The X-Change Corporation on
Form 10-QSB for the period ending March 31, 2006 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Scott R.
Thompson, Chief Financial 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, to the best of my knowledge and belief:

     (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/ Scott R. Thompson
_____________________________
Scott R. Thompson, Chief
Financial Officer
(Principal Financial Officer)

May 20, 2006


A signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature
that appears in typed form within the electronic version of this written
statement 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.
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.                  

###### Small Business Administration

          - [Disaster Declaration #10178 and #10179] 

# AGENCY:

Small Business Administration. 

# ACTION:

Amendment 4. 

# SUMMARY:

This is an amendment of the Presidential declaration of a major disaster for the State of Mississippi (FEMA-1604-DR), dated 08/29/2005. 

*Incident:*                         Hurricane Katrina.                     

*Incident Period:*                         08/29/2005 through 10/14/2005.                     

*Effective Date:*                         10/27/2005.                     

*Physical Loan Application Deadline Date:*                         01/11/2006.                     

*EIDL Loan Application Deadline Date:*                         05/29/2006.                     

# ADDRESSES:

Submit completed loan applications to: Small Business Administration, National Processing and Disbursement Center, 14925 Kingsport Road Fort Worth, TX 76155. 

# FOR FURTHER INFORMATION CONTACT:

A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, Suite 6050, Washington, DC 20416. 

# SUPPLEMENTARY INFORMATION:

The notice of the Presidential disaster declaration for the State of Mississippi, dated 08/29/2005 is hereby amended to include the following areas as adversely affected by the disaster: 

Primary Counties: 

Holmes and Humphreys. 

Contiguous Counties:

Mississippi: Leflore, Sunflower, and Washington. 

All other information in the original declaration remains unchanged. 

(Catalog of Federal Domestic Assistance Numbers 59002 and 59008) 

Herbert L. Mitchell, 

Associate Administrator for Disaster Assistance. 

[FR Doc. 05-22170 Filed 11-7-05; 8:45 am] 

BILLING CODE 8025-01-P
<TABLE> <S> <C>


<ARTICLE>                     5
<MULTIPLIER>                                   1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              DEC-31-2000
<PERIOD-START>                                 JAN-01-2000
<PERIOD-END>                                   SEP-30-2000
<CASH>                                         0
<SECURITIES>                                   0
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
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<FN>
<F1>  The only revenue and expense associated with the trust pertains to
      dividends received and paid out.  All dividends received are in turn paid
      out, accounting for net income of zero ($0).
<F2>  Earnings per share is not applicable as net income is zero ($0).
</FN>






</TABLE>
#### STATE v. GRISSOM

No. 33 PC.

Case below: 17 N.C. App. 374.

Petition for writ of certiorari to North Carolina Court of Appeals denied 2 April 1973.
**Exhibit32.1**

**CERTIFICATIONPURSUANT TO18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

In connection withthe Quarterly Report of K-tel International, Inc. (the “Company”) on Form 10-Qfor the period ended March 31, 2006, as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Philip Kives, certify,pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that:

1.               The Report fullycomplies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

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

A signed originalof this written statement required by Section 906 has been provided to theCompany and will be retained by the Company and furnished to the Securities andExchange Commission or its staff upon request.
| By                                   |      /s/ PHILIP  KIVES |   |
|--------------------------------------|-------------------------------------------------|--------|
| Philip Kives                         |
| *Chairman, Chief Executive Officer,* |
| *President and Director*             |
| November 22,  2006                   |

 

----
**DM** IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 19 - 0 075 IN THE MATTER OF : J.S., Respondent and Appellant. **ORDER** Upon consideration of Appellee’s motion for a 6 0 -day extension of time, and good cause appearing therefor, IT IS HEREBY ORDERED that Appellee is granted an extension of time to and including January 28, 2021 , within which to prepare, serve, and file its response brief

.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

November 25 2020

11/25/2020
Case Number: DA 19-0075