alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee v. Ray Gene BRASHER, Defendant-Appellant.

No. 04-51121.

United States Court of Appeals, Fifth Circuit.

Decided April 13, 2005.

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, San Antonio, TX, for Plaintiff-Appellee.

*582Raymond L. Kohler, Austin, TX, for Defendant-Appellant.

Before WIENER, BENAVIDES, and STEWART, Circuit Judges.

PER CURIAM: *

IT IS ORDERED that Appellee’s unopposed motion to vacate the sentence is GRANTED.

IT IS FURTHER ORDERED that Appellee’s unopposed motion to remand to district court for resentencing in light of the Supreme Court’s recent opinion in *US v. Booker*and this Court’s opinion in *US v. Mares*is GRANTED.

IT IS FURTHER ORDERED that Appellee’s alternative request for an extension of time to file the Appellee’s brief 14 days from the denial of Appellee’s motion to vacate and remand is DENIED as moot.

*

 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
# Soldier Accounted for from WWII (McCartney, J.)

/ Published March 7, 2024
Washington, 
The Defense POW/MIA Accounting Agency (DPAA) announced today that U.S. Army Pvt. James B. McCartney, 22, of Ridgeway, Colorado, killed during World War II, was accounted for Sept. 21, 2023.

In early 1945, McCartney was assigned to Company B, 1st Battalion, 222nd Infantry Regiment, 42nd Infantry Division. On March 1, McCartney was killed in action while his unit was on patrol near Wildenguth, France. The Germans never reported McCartney as a prisoner of war, and his remains were not immediately recovered.

Beginning in 1947, the American Graves Registration Command (AGRC), the organization that searched for and recovered fallen American personnel in the European Theater, searched the area around Wildenguth. None of the investigations uncovered any leads regarding the disposition of McCartney’s remains. He was declared non-recoverable on Oct. 8, 1951.

DPAA historians have been conducting on-going research into Soldiers missing from combat around Wildenguth. and found that X-6492, buried in Lorraine American Cemetery, an American Battle Monuments Commission site in St. Avold, France, could be associated with McCartney. X-6492 was disinterred in August 2022 and transferred to the DPAA Laboratory for analysis.

To identify McCartney’s remains, scientists from DPAA used dental and anthropological analysis. Additionally, scientists from the Armed Forces Medical Examiner System used mitochondrial DNA (mtDNA) and autosomal DNA (auSTR), analysis.

McCartney’s name is recorded on the Walls of the Missing at Epinal American Cemetery in Dinozé, France, along with others still missing from WWII. A rosette will be placed next to his name to indicate he has been accounted for.

McCartney will be buried March 30, 2024, in Bakersfield, California.

For family and funeral information, contact the Army Casualty Office at (800) 892-2490.

For additional information on the Defense Department’s mission to account for Americans who went missing while serving our country, visit the DPAA website at www.dpaa.mil or find us on social media at www.facebook.com/dodpaa or https://www.linkedin.com/company/defense-pow-mia-accounting-agency.
#### UNITED STATES of America, Plaintiff-Appellee, v. Octavio WITHRON-ALVAREZ, Defendant-Appellant.

No. 03-41384.

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Decided April 20, 2005.

James Lee Turner, Assistant U.S. Attorney, Houston, TX, for Plaintiff-Appellee.

Roland E. Dahlin, II, Federal Public Defender, Tito H. Alfaro, Aurora Ruth Bearse, Federal Public Defender’s Office, Houston, TX, for Defendant-Appellant.

Before SMITH, CLEMENT, and PRADO, Circuit Judges.

PER CURIAM: *

Octavio Withron-Alvarez appeals his sentence imposed following his guilty plea conviction for illegal reentry into the United States following deportation. Withron-Alvarez contends that the sentencing enhancements in 8 U.S.C. § 1326(b) are unconstitutional and that he should be re-sentenced for the lesser included offense contained in 8 U.S.C. § 1326(a). Withron-Alvarez acknowledges that his arguments are foreclosed under *Almendarez-Torres v. United States,*523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). However, he contends that if *Almendarez-Torres*is overruled, his sentence should be reconsidered in light of *Blakely v. Washington,*— U.S.-, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004).

*Apprendi v. New Jersey,*530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) did not overrule *Almendarez-Torres. See Apprendi*530 U.S. at 489-90, 120 S.Ct. 2348; *see also United States v. Dabeit,*231 F.3d 979, 984 (5th Cir.2000). Withron-Alvarez has not demonstrated that *Blakely v. Washington,*— U.S.-, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004) is applicable to *585cases arising under *Almendarez-Torres.*The sentence imposed is AFFIRMED.

*

 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.
# USS Oklahoma Sailor Accounted For From World War II (Overley, L.)

/ Published Nov. 19, 2021
WASHINGTON,
# USS West Virginia Sailor Accounted For From World War II (Brown, C.)

/ Published April 4, 2024
WASHINGTON, 
The Defense POW/MIA Accounting Agency (DPAA) announced today that Navy Electrician’s Mate 3rd Class (EM3c) Charles D. Brown, 22, of Arcola, Illinois, killed during World War II, was accounted for on March 22, 2021.

On Dec. 7, 1941, Brown was assigned to the battleship USS West Virginia, which was moored at Ford Island, Pearl Harbor, when the ship was attacked by Japanese aircraft. The USS West Virginia sustained multiple torpedo hits, but timely counter-flooding measures taken by the crew prevented it from capsizing, and it came to rest on the shallow harbor floor. The attack on the ship resulted in the deaths of 106 crewmen, including Brown. 

During efforts to salvage the USS West Virginia, Navy personnel recovered the remains of the deceased crewmen, representing at least 66 individuals. Those who could not be identified, including Brown, were interred as unknowns at the National Memorial Cemetery of the Pacific, known as the Punchbowl, in Honolulu.

From June through October 2017, DPAA, in cooperation with cemetery officials, disinterred 35 caskets, reported to be associated with the USS West Virginia from the Punchbowl and transferred the remains to the DPAA laboratory.

To identify Brown’s remains, scientists from DPAA used dental and anthropological analysis. Additionally, scientists from the Armed Forces Medical Examiner System used mitochondrial DNA (mtDNA), and autosomal DNA (auSTR) analysis.

Brown’s name is recorded on the Walls of the Missing at the Punchbowl, along with the others who are missing from WWII. A rosette will be placed next to his name to indicate he has been accounted for.

EM3c Brown will be buried on April 20, 2024, in Humboldt, Illinois.

For family and funeral information, contact the Navy Service Casualty office at (800) 443-9298.

DPAA is grateful to the Department of Veterans Affairs and the Department of the Navy for their partnership in this mission.

For additional information on the Defense Department’s mission to account for Americans who went missing while serving our country, visit the DPAA website at www.dpaa.mil, or find us on social media at www.facebook.com/dodpaa or https://www.linkedin.com/company/defense-pow-mia-accounting-agency.

Brown’s personnel profile can be viewed at https://dpaa-mil.sites.crmforce.mil/dpaaProfile?id=a0Jt00000004mqQEAQ.
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Exhibit 23.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the incorporation by reference in the registration statements (Nos. 033-65113, 333-84848,
333-114473 and 333-152296) on Forms S-8 of Cache, Inc. of our report dated April 1, 2011, relating to the consolidated financial statements and
financial statement schedule of Cache, Inc. and subsidiaries appearing in this Annual Report on Form 10-K of Cache, Inc. and subsidiaries for the year ended
January 1, 2011.

/s/
Mayer Hoffman McCann CPAs

(The
New York Practice of Mayer Hoffman McCann P.C.)

New
York, New York
April 1, 2011

---



QuickLinks
Case 2:05-cv-09559-VM-HBP     Document 6      Filed 11/14/2005     Page 1 of 1
Exhibit 10.1


 


Investment Agreement between


Conbridge College of Business and Technology
and Farvision Education Group Inc.


 


This Agreement is made on March 1, 2021.


 


Conbridge College of Business and Technology, a private
vocational college, approved and registered by the Ontario Ministry of Colleges and Universities ("MCU") ("Conbridge")
and Farvision Education Group Inc. a corporation incorporated under the federal laws of Canada ("Farvision").


 


7621531 Canada Inc. is the legal and beneficial owner of 100%
of the common shares of Conbridge College of Business and Technology. Hang Jiang and Jiande Feng are the legal and beneficial owners of
100% of the ownership of 7621531 Canada Inc.


 


NOW, WHEREAS, Farvision desires to acquire from Hang
Jiang and Jiande Feng (" J and F ") the 70%+10% share ownership interest of Conbridge College of Business and Technology for
an aggregate amount of $80,000 Canadian dollars on the following terms and conditions, the following agreement is entered into':


 


1,   Conbridge College of Business and
Technology has a good reputation in MCU and is eligible to receive DLI number.


2,    Conbridge College
of Business and Technology is interested in partnering with a number of universities and public colleges in Canada/Ontario.


3,    Conbridge College
of Business and Technology shall assist Farvision in negotiating and securing the above partnership relationships.


4,    Board of Directors: J
and F shall nominate one director, while Farvision shall nominate four directors to the board: Ken Chan, Chairman, and Pauline Zhou,
Vice Chairman.


5,    Executives: President:
Janet Jiang, CEO: Ken Chan.


Other officials shall be appointed.


6,    Payment terms.


6.1 On the day of signing this investment agreement,
Farvision shall pay a deposit of $40,000 Canadian dollars. After Conbridge receives the deposit, both parties shall go through the relevant
procedures.


6.2 The parties agree to complete the equity transfer procedures by September 1, 2021, and Farvision shall pay the remaining
$40,000 Canadian dollars within 3 days of the completion of the equity transfer.


7,    Term of this Investment
Agreement: Effective from the date of signing until December 1, 2021.


8,    Board of Directors
and consultants of Insight Education Group shall be paid by Farvision at no cost to Conbridge College of Business and Technology. Conbridge
College of Business and Technology's operating costs are being paid 80 per cent by Farvision Education Group and 20 per cent by Hang
Jiang and Jiande Feng.


 


IN WITNESS WHEREOF, the parties hereby execute this Agreement
as of the date set forth above.


 


 


	Conbridge College of Business and Technology	Farvision Education Group Inc.
	 	 
	/s/ signature illegible	/s/ signature illegible
	[Handwritten signature]	[Handwritten signature]
	Authorized Signatory	Authorized Signatory




 





 


_____________


1 The source text has grammatical issues. This is the best
effort translation.
Case 1:07-cv-03326-AKH Document 2 Filed 05/17/2007 Page 1 of 1
Case 1:06-cv-14967-AKH Document 2 Filed 12/08/2006 Page 1 of 1
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER ON MOTION

November 7, 2008 Revision

Cause number: 01-17-00542-CR

Style: Michael Deion Trammell v. The State of Texas

Date motion filed*: July 3, 2017

Type of motion: Motion to Withdraw and Substitute Counsel

Party filing motion: Appellant’s Appointed Counsel Shannon Hooks and new counsel 

Christopher M. Perri

Document to be filed: N/A

Is appeal accelerated? No.

Ordered that motion is:

 Granted

 Denied

 Dismissed (e.g., want of jurisdiction, moot)

 Other: _____________________________________ 

Appellant’s appointed counsel’s motion to withdraw and substitute counsel is granted

because it was signed by both withdrawing and new counsel and complies with Rule 

6.5(d). See TEX. R. APP. P. 6.3(c), 6.5(b), (d). Accordingly, the Clerk of this Court is 

directed to remove Shannon Hooks as attorney for appellant and to add Christopher 

M. Perri as lead counsel for appellant.

Judge’s signature: /s/ Evelyn V. Keyes

  

Date: July 25, 2017
<PAGE>

                                                                    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 on Form 10-Q of Ameriprise Certificate
Company (the "Company") for the quarterly period ended September 30, 2008, as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), William F. Truscott, as Chief Executive Officer of the Company and
Brian J. McGrane, as Principal and Chief Financial Officer of the Company, each
hereby certifies, 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 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/ William F. Truscott
---------------------------------
Name: William F. Truscott
Title: Chief Executive Officer
Date: November 4, 2008


/s/ Brian J. McGrane
---------------------------------
Name: Brian J. McGrane
Title: Chief Financial Officer
Date: November 4, 2008
Exhibit 32.1








KINDER MORGAN, INC.


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 on Form 10-Q of Kinder Morgan, Inc. (the “Company”) for the period ended September 30, 2010, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned, in the capacity and on the date indicated below, hereby certifies 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; and





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





A signed original of this written statement required by Section 906 has been provided to Kinder Morgan, Inc. and will be retained by Kinder Morgan, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.








Dated:  November 5, 2010

/s/ Richard D. KinderRichard D. Kinder

Chairman and Chief Executive Officer
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

OMAR PAEZ VILLA, AKA Lorenzo Paez 

Villa, 

Petitioner, 

 v. 

JEFFERSON B. SESSIONS III, Attorney 

General, 

Respondent.

No. 17-72859 

Agency No. A206-357-262 

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted September 12, 2018**

Before: LEAVY, HAWKINS, and TALLMAN, Circuit Judges. 

Omar Paez Villa, a native and citizen of Mexico, petitions for review of the 

Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an 

immigration judge’s decision denying his application for withholding of removal 

and relief under the Convention Against Torture (“CAT”). We have jurisdiction 

 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

SEP 20 2018

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 17-72859 

under 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual 

findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny 

the petition for review.

Substantial evidence supports the agency’s conclusion that Villa failed to 

establish he suffered past persecution based on the harm experienced by his family. 

See Wakkary v. Holder, 558 F.3d 1049, 1060 (9th Cir. 2009) (petitioner did not 

establish harm to family was part of “a pattern of persecution closely tied to”

petitioner) (citation omitted); Navas v. INS, 217 F.3d 646, 659 n.18 (9th Cir. 2000)

(“the death of one family member does not [automatically] trigger a sweeping 

entitlement to asylum eligibility for all members” of an extended family) (citation 

and internal quotation marks omitted). Substantial evidence also supports the 

agency’s conclusion that Villa failed to establish it is more likely than not that he 

will be persecuted in Mexico. See Santos-Lemus v. Mukasey, 542 F.3d 738, 743-

44 (9th Cir. 2008) (family members remaining unharmed undermined applicant's 

well-founded fear of persecution based on family membership), abrogated on 

other grounds by Henriquez-Rivas v. Holder, 707 F.3d 1081, 1093 (9th Cir. 2013) 

(en banc). Thus, Villa’s withholding of removal claim fails.

Finally, substantial evidence supports the agency’s denial of CAT relief 

because Villa failed to show it is more likely than not that he will be tortured with 

the consent or acquiescence of the government of Mexico. See Aden v. Holder, 
3 17-72859 

589 F.3d 1040, 1047 (2009). 

We reject Villa’s contention that the BIA failed to adequately considered 

evidence and explain its decision. See Najmabadi v. Holder, 597 F.3d 983, 990 

(9th Cir. 2010) (“What is required is merely that [the BIA] consider the issues 

raised, and announce its decision in terms sufficient to enable a reviewing court to 

perceive that it has heard and thought and not merely reacted.” (citation and 

internal quotation marks omitted)).

PETITION FOR REVIEW DENIED.
**Exhibit 32.1**

 

**Certification of Chief Executive Officer of**

**SupremeIndustries, Inc. Pursuant to**

**Section 906of the Sarbanes-Oxley Act of 2002**

 

This certification isfurnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002(18 U.S.C. 1350) and accompanies the Annual Report on Form 10-K (the “Form 10-K”)for the year ended December 29, 2007 of Supreme Industries, Inc. (the“Company”).  I, Herbert M. Gardner, theChief Executive Officer of the Company, certify that, based on my knowledge:

 

(1)                                  The Form 10-K fully complies withthe requirements of Section 13(a) or Section 15(d) of theSecurities Exchange Act of 1934; and

 

(2)                                  The information contained in the Form 10-Kfairly presents, in all material respects, the financial condition and resultsof operations of the Company as of and for the periods covered in this report.

 
| Dated: March 26, 2008 |   |   |
|----------------------------|--------|--------|
|                       |
| /s/ Herbert M. Gardner     |   |
| Chief Executive Officer    |

 

A signed original of thiswritten statement required by Section 906 has been provided to the Companyand will be retained by the Company and furnished to the Securities andExchange Commission or its staff upon request.

 

1

----
#### Larry E. BELTON, Jr., Claimant-Appellant, v. R. James NICHOLSON, Secretary of Veterans Affairs, Respondent-Appellee.

No. 02-7108.

United States Court of Appeals, Federal Circuit.

April 12, 2005.

Before SCHALL, LINN, and PROST, Circuit Judges.

*Judgment*

PER CURIAM.

*ThiS\CAUSE having been heard and considered, it is ORDERED and AD'SJUDGED:*

"AFFIRMED. *See*Fed. Cir. R. 36.
- April2017
Case 1:06-cv-14953-AKH Document 3 Filed 12/08/2006 Page 1 of 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 Intergraph Corporation (the "Company")
on Form 10-K for the period ended December 31, 2002, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, James
F. Taylor, Jr., Chairman of the Board and Chief Executive Officer of the
Company certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that:

     (1)	The Report fully complies with the requirements of Section 13(a)
or 15(d) of the Securities Exchange Act of 1934; 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/ James F. Taylor, Jr.
---------------------------
James F. Taylor, Jr.
Chairman of the Board and
Chief Executive Officer
March 27, 2003


[A signed original of this written statement required by Section 906 has been
provided to Intergraph Corporation and will be retained by Intergraph
Corporation and furnished to the Securities and Exchange Commission or its staff
upon request.]
**EXHIBIT 31.1**

 

**CERTIFICATION OF CHIEF EXECUTIVE OFFICER**

 

I, Kim Korth, certify that:

 

1.        I have reviewed this annual report on Form 10-K/A of Supreme Industries, Inc.; and

 

2.        Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report.

 

 
| Date:   March 26, 2012 | By:    | /s/   Kim Korth                         |
|-----------------------------|--------|-----------------------------------------|
|                        |   | Kim   Korth                             |
|                        |   | President   and Chief Executive Officer |

 

----
11 TH COURT OF APPEALS

EASTLAND

, TEXAS

JUDGMENT

Rontrell Shelton Young

, * From the 3 5th District Court

of Brown County

Trial Court No. CR24131

.

Vs. No. 11

- 16

- 00325

- CR * October 25 , 2018

The Sta te of Texas, * Memorandum Opinion by Bailey, C.J.

(Panel consists of: Bailey, C.J.

, Gray, C.J., sitting by assignment,

and Wright, S.C.J., sitting by

assignment)

(Willson, J., not participating)

This court has inspected the record in this cause and concludes that there

is no error in the judgment below. Therefore, in accordance with this court ’ s

opinion, the judgment of the trial court is in all things affirmed.
#### EVERETT v. TOWN OF ROBERSONVILLE

No. 90 PC.

Case below: 8 N.C. App. 219.

Petition for writ of *certiorari*to North Carolina Court of Appeals denied 14 July 1970.