alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

for the Fifth Circuit

No. 20-50287

Summary Calendar

United States of America, 

Plaintiff—Appellee,

versus

Alfredo Arroyo-Hernandez, also known as Alfredo 

Hernandez-Arroyo, also known as Arroyo Hernandez, also

known as Alfredo Arroyo Hernandez, also known as Alfredo 

Hernandez, also known as Alfredo Arroyo, also known as

Alfredo Hernandez Arroyo, 

Defendant—Appellant,

consolidated with

_____________

No. 20-50288

_____________

United States of America, 

Plaintiff—Appellee,

versus

Alfredo Arroyo-Hernandez, 

Defendant—Appellant.

United States Court of Appeals

Fifth Circuit

FILED

September 17, 2020

Lyle W. Cayce

Clerk

Case: 20-50287 Document: 00515569404 Page: 1 Date Filed: 09/17/2020
No. 20-50287

c/w No. 20-50288

2

Appeals from the United States District Court

for the Western District of Texas

USDC No. 4:19-CR-574-1

USDC No. 4:16-CR-94-3

Before Haynes, Willett, and Ho, Circuit Judges.

Per Curiam:*

Alfredo Arroyo-Hernandez appeals his guilty plea conviction under 8 

U.S.C. § 1326. He also appeals a separate revocation judgment but raises no 

challenge to the revocation of his supervised release. He contends, citing 

Pereira v. Sessions, 138 S. Ct. 2105 (2018), that his prior removal does not 

satisfy the removal element of § 1326 because the notice to appear did not 

provide the date or time of the removal hearing. In United States v. PedrozaRocha, 933 F.3d 490, 497-98 (5th Cir. 2019), cert. denied, 206 L. Ed. 2d 940 

(2020), we relied on Pierre-Paul v. Barr, 930 F.3d 684, 688-89 (5th Cir. 2019), 

cert. denied, 206 L. Ed. 2d 854 (2020), to conclude that (1) a notice to appear 

that lacked the date and time of the removal hearing was not defective, (2) 

any defect was cured by the subsequent service of a notice of hearing, and (3) 

the purported defect was not jurisdictional. Additionally, we held that the 

defendant could not collaterally attack the notice to appear without first 

exhausting administrative remedies. Pedroza-Rocha, 933 F.3d at 498. 

Conceding that Pedroza-Rocha and Pierre-Paul foreclose his claim, ArroyoHernandez raises it to preserve it for further review.

The Government has filed an unopposed motion for summary 

affirmance, which is proper if “the position of one of the parties is clearly 

* Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited 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 Circuit Rule 47.5.4.

Case: 20-50287 Document: 00515569404 Page: 2 Date Filed: 09/17/2020
No. 20-50287

c/w No. 20-50288

3

right as a matter of law so that there can be no substantial question as to the 

outcome of the case.” Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 

(5th Cir. 1969). Because Arroyo-Hernandez correctly concedes that his 

claim is foreclosed by Pierre-Paul and Pedroza-Rocha, the motion for summary 

affirmance is GRANTED and the Government’s alternative motion for an 

extension of time to file a brief is DENIED as moot. The judgments of the 

district court are AFFIRMED. 

Case: 20-50287 Document: 00515569404 Page: 3 Date Filed: 09/17/2020
##### 



EXHIBIT 32.2  CERTIFICATIONS OF THE CHIEF FINANCIAL OFFICER
UNDER SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 In connection with the Annual Report of ARTISTdirect, Inc. (the
Registrant) on Form 10-K for the period ending December 31, 2003 as filed
with the Securities and Exchange Commission on the date hereof (the Annual
Report), I, Robert N. Weingarten, Chief Financial Officer of the Registrant,
certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that to my best knowledge: (1) the Annual 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 Annual Report fairly presents, in
all material respects, the financial condition and results of operations of the
Registrant. Date: May 13, 2004 /s/ Robert N. WeingartenRobert N. WeingartenChief Financial Officer
* 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

December 17, 2004

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 04-30482

Summary Calendar

 

KIRK RANDALL MENARD,

Plaintiff-Appellant,

versus

UNITED STATES OF AMERICA, on behalf of National Instant 

Criminal Background System, on behalf of United States

Bureau of Alcohol, Tobacco and Firearms, on behalf of

Federal Bureau of Investigation,

Defendants-Appellees.

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

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 2:03-CV-1399

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

Before DAVIS, SMITH, and DENNIS, Circuit Judges.

PER CURIAM:*

Kirk Randall Menard appeals the district court's grant of

summary judgment in favor of the defendants in his civil lawsuit

pursuant to 18 U.S.C. § 925A, arising out of his inability to

purchase firearms as a result of his 1991 felony convictions. 

Menard argues that he was improperly denied the right to purchase

firearms because the Louisiana Constitution restored his civil

rights and his convictions were set aside and expunged. He also
No. 04-30482

-2-

argues that the National Instant Criminal Background Check System

("NICS") erroneously calculated when the state firearms

disability ends based on an improper determination of when his

probation was completed.

Having conducted a de novo review, see Gibson v. U.S. Postal

Serv., 380 F.3d 886, 888 (5th Cir. 2004), we conclude that for

substantially the same reasons articulated by the district court

in its dismissal order, the district court's judgment is

AFFIRMED. Menard also argues that the district court failed to

recognize that his claim that LA. REV. STAT. § 14:95.1 is

unconstitutional presented a genuine issue in controversy. We

conclude that this issue is inadequately briefed. See Yohey v.

Collins, 985 F.2d 222, 224-25 (5th Cir. 1993).

AFFIRMED.
[Federal Register Volume 70, Number 227 (Monday, November 28, 2005)]
[Notices]
[Page 71324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23351]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of General Medical Sciences; Notice of Closed 
Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of General Medical 
Sciences Special Emphasis Panel, R13 Conference Grants.
    Date: December 12, 2005.
    Time: 9 a.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institute of General Medical Sciences, Natcher 
Bldg, 45 Center Drive, 3AN12, Bethesda, MD 20892 (Virtual Meeting).
    Contact Person: Arthur L. Zachary, Phd, Office of Scientific 
Review, National Institute of General Medical Sciences, National 
Institutes of Health, Natcher Building, Room 3AN-12, Bethesda, MD 
20892, (301) 594-2886, <a href="/cdn-cgi/l/email-protection#c4bea5a7aca5b6bda584aaada3a9b7eaaaadaceaa3abb2"><span class="__cf_email__" data-cfemail="324853515a53404b53725c5b555f411c5c5b5a1c555d44">[email protected]</span></a>.

Catalogue of Federal Domestic Assistance Program Nos. 93.375, 
Minority Biomedical Research Support; 93.821, Cell Biology and 
Biophysics Research; 93.859, Pharmacology, Physiology, and 
Biological Chemistry Research; 93.862, Genetics and Developmental 
Biology Research; 93.88, Minority Access to Research Careers; 93.96, 
Special Minority Initiatives, National Institutes of Health, HHS)

    Dated: November 15, 2005.
Anna Snouffer,
Acting Director, Office of Federal Advisory Committee Policy.
[FR Doc. 05-23351 Filed 11-25-05; 8:45 am]
BILLING CODE 4140-01-M


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT ANDRES AVALOS, JR., ) ) Appellant, ) ) v. ) Case No. 2D17-2546 ) STATE OF FLORIDA, ) ) Appellee. ) ) Opinion filed December 5, 2018. Appeal from the Circuit Court for Manatee County; Diana L. Moreland, Judge. Howard L. Dimmig, II, Public Defender, and James R. Wulchak, Special Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee.

PER CURIAM.

Affirmed.

CASANUEVA, BADALAMENTI, and ROTHSTEIN-YOUAKIM, JJ., Concur.
#### TOWN OF HILLSBOROUGH v. SMITH

No. 68 PC.

Case below: 10 N.C. App. 70.

Petition for writ of *certiorari*to North Carolina Court of Appeals denied 2 February 1971.
EXHIBIT 32.1





CERTIFICATION





In
connection with the quarterly report of Berry Plastics Corporation (the
“Registrant”) on Form 10-Q for the quarter ended March 29, 2008, as filed with
the Securities and Exchange Commission on the date hereof (the “Report”), I, Ira
G. Boots, the President and Chief Executive Officer of the Registrant, certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 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, 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
Registrant.











/s/ Ira G.
Boots


Ira G.
Boots


President
and Chief Executive Officer





Date:                      May
12, 2008
Case 1:07-cv-03495-SHS Document 15 Filed 12/04/2007 Page 1 of 2Case 1:07-cv-03495-SHS Document 15 Filed 12/04/2007 Page 2 of 2
DIRECTED ENERGY PROFESSIONAL SOCIETY

DEPS Sponsors 

DEPS is supported by its Sponsors, organizations that provide valuable institutional guidance and support. DEPS 

owes a great debt of gratitude to its Founding Sponsors as well as its current Sponsors. Note: These links take you 

outside the DEPS web site, and the content is beyond our control.

Current DEPS Sponsors

Gold Sponsors

• Boeing - Missile Defense Systems 

• IONATRON, Inc. 

• Lockheed Martin 

• Northrop Grumman 

• Raytheon 

• Textron Systems Corporation 

Silver Sponsors

• MZA Associates Corporation 

• Nutronics 

• the Optical Sciences Company 

• Schafer Corporation 

• Science Applications International Corp. 

Sustaining Sponsors

• Applied Technology Associates 

• Brashear, a Division of L-3 Communications 

• Georgia Tech Research Institute 

• Hamilton Sundstrand 

Sponsors

• Adaptive Optics Associates, Inc. 

 

Founding Sponsors

We thank our founding sponsors for their help in

making DEPS a reality.

Gold Level Founding Sponsors

• Boeing - Airborne Laser Program 

• Lockheed Martin 

• Raytheon 

• TRW 

Silver Level Founding Sponsors

• Applied Research Associates, Inc. 

• MZA Associates Corporation 

• Mevatec Corporation 

• the Optical Sciences Company 

• SVS 

• Schafer Corporation 

Founding Sponsors

• The University of New Mexico 

Case 1:07-cv-03314-GBD Document 58-5 Filed 02/29/2008 Page 1 of 1
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 Defense

###### Office of the Secretary

          - [Transmittal No. 06-15] 

# AGENCY:

Department of Defense, Defense Security Cooperation Agency.

# ACTION:

Notice.

# SUMMARY:

The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated 21 July 1996.

# FOR FURTHER INFORMATION CONTACT:

Ms. J. Hurd, DSCA/DBO/ADM, (703) 604-6575.

The following is a copy of a letter to the Speaker of the House of Representatives, Transmittal 06-15 with attached transmittal and policy justification.

Dated: November 23, 2005.

L.M. Bynum,

OSD Federal Register Liaison Officer, Department of Defense.

      ( print page 71807)          ( print page 71808)          ( print page 71809)    

BILLING CODE 5001-06-M

[FR Doc. 05-23483 Filed 11-29-05; 8:45 am]

BILLING CODE 5001-06-C
IJKITED STrZTES DISTRICT COUK'I' 

SOGTHERN DISTRICT OF YEW' 1-ORK 

........ ".......... 

IN RE: 

This Uocumen~ Relcz(e.s To .-Ill .-lzlions 

MLZSTER FILE 

1 106-Mn- 1 789 (JFK) 

ORDER FOR ADMISSION PRO HAC VICE 

C'onsidcrins thc C'ct-titic'atc' i1f Good Standing and ail other docunlc~~ts required by Case 

hla~~rlgcmcnt Ordcr No. 5 suht~~irrcd by counscl, IT JS HEREBY OKLIEKED that: 

Applicant's Namc: Dana Pctcrscn Moore 

Firm Name: Venablr. LLl' 

Address: 750 E. Pratl Street, Suite 900 

CilyIStateIZip: Baltimore, Maryland 2 1202 ._ ..._-.._. ! i . - 4-r-03 __ ,-__--. --r----,- 

TelephoneIFax: (4 10) 244-7799 (4 1 0) 244-7742 

li "- - . + -..-- --'- -- -- --' I- 

_ .& ._--- &--. 

Elnail Address: dpmoore3@ver1able.cam 

is admitted to practice pro hac vice as counsel for Merck LP. Cu.. lnc. in thc above captioncd cast 

Court for the Southern Districl of Ncw Yorli. 

Dated: b, 2008 

Ticw York. N~N: York \\ , - -7 

1- --. . . .- 

United Stales L)lstr~ct Judge 

Case 1:07-cv-03459-JFK Document 36 Filed 09/02/2008 Page 1 of 2
Certificate of Good 

Standing 

UNITED STATES OF AMERICA 

DISTRICT OF MARYLAND 

I, Felicia C. Cannon, Clerk of the United States District Court for the District 

of hlaryland, 

DO HEREBY CERTIFY that DANA PETERSEN MOORE, ESQ., 

BAR NUMBER 03632, was duly admitted to practice in the United States 

District Court for the District of hlaryland on DECEMBER 9, 1983, and is currently 

in good standing as a member of the bar of this Court. 

Dated at Baltimore, Maryland 

Date: August 19,2008 

FELlClA C. CANNON 

Clerk 

Catherine Scaffidi - ~dput~aerk 

Case 1:07-cv-03459-JFK Document 36 Filed 09/02/2008 Page 2 of 2
#### STATE v. LEWIS

No. 57.

Case below: 11 N.C. App. 226.

Petition for writ of *certiorari*to North Carolina Court of Appeals denied 30 July 1971. Appeal dismissed *ex mero motu*for lack of substantial constitutional question 30 July 1971.
Case 1:06-cv-14858-AKH Document 3 Filed 12/08/2006 Page 1 of 1
Case 1:06-cv-15048-AKH Document 5 Filed 12/08/2006 Page 1 of 1
Michigan Supreme Court

Lansing, Michigan

Bridget M. McCormack

,

Chief Justice

David F. Viviano,

Chief Justice Pro Tem

Stephen J. Markman

Brian K. Zahra

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh,

Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

September 25 , 2020 

# Order

Clerk September 25 , 2020

160 843

- 4 ( 82 )

DEPARTMENT OF LICENSING AND

REGULATORY AFFAIRS/UNEMPLOYMENT

INSURANCE AGENCY,

Appellee,

SC: 160843

v COA: 342080

Macomb CC: 2017

- 000125

- AE

FRANK LUCENTE,

Claimant

- Appellant,

and

DART PROPERTIES II, LLC,

Employer

- Appellee.

______________________________________ ___

DEPARTMENT OF LICENSING AND

REGULATORY AFFAIRS/UNEMPLOYMENT

INSURANCE AGENCY,

Appellee,

SC: 160844

v COA: 345074

Wayne CC: 18

- 003162

- AE

MICHAEL HERZOG,

Claimant

- Appellant,

and

CUSTOM FORM, INC.,

Employer

- Appellee

. _________________________________________/

On order of the C hief Justice , the motion of appellee Unemployment Insurance

Agency to extend the time for filing its brief on appeal is GRANTED

. The brief will be

accepted as timely filed if submitted on or be fore Novem ber 18 , 2020.
exv10w39






Exhibit 10.39




Fiscal Year 2010 Executive Management Bonus Program




The Compensation Committee (“Compensation Committee”) of the Board of Directors (“Board”) approved
a cash bonus plan for fiscal year 2010 (the “2010 Executive Management Bonus Program”) pursuant to
which certain members of our executive management team with global strategic management
responsibilities will participate, including Jeffrey Weiss, Randy Underwood and Norman Miller, who
are each named executive officers of the Company. The 2010 Executive Management Bonus Program sets
forth target bonus amounts as a percentage of base compensation, which percentage is measured based
upon the Company’s achievement of certain earnings before interest, taxes, depreciation and
amortization (“EBITDA”) goals, and/or achievement of Strategic Objectives established by the Board.



The target bonus award for each of Mssrs. Underwood and Miller under the 2010 Executive
Management Bonus Program is 80% and the maximum bonus opportunity is 160%. The target bonus award
and the maximum bonus opportunity for Mr. Weiss under the 2010 Executive Management Bonus Program
are 100% and 150%, respectively, each as determined pursuant to the bonus provision contained in
his employment agreement, which has been previously filed by the Company as an Exhibit to the
Company’s Current Report on Form 8-K filed with the Securities and Exchange Commission on October
9, 2007.



The Compensation Committee and/or the Board will determine the EBITDA operating targets and
methodology on which the bonuses are paid pursuant to the 2010 Executive Management Bonus Program
based upon methods used historically by the Company. The Compensation Committee and/or the Board
retain the right to amend, alter or terminate the 2010 Executive Management Bonus Program at any
time. The bonuses under the 2010 Executive Management Bonus Program will be calculated and paid
after finalizing the Company’s annual financial results for fiscal year 2010 or pursuant to certain
contract provisions. Each employee must be employed in good standing on date of payment in order to
receive payment under the arrangement.
Case 1:07-cv-03496-WHP Document 36-24 Filed 07/11/2007 Page 1 of 17
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Case 1:07-cv-03496-WHP Document 36-24 Filed 07/11/2007 Page 7 of 17
Case 1:07-cv-03496-WHP Document 36-24 Filed 07/11/2007 Page 8 of 17
Case 1:07-cv-03496-WHP Document 36-24 Filed 07/11/2007 Page 9 of 17
Case 1:07-cv-03496-WHP Document 36-24 Filed 07/11/2007 Page 10 of 17
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Case 1:07-cv-03496-WHP Document 36-24 Filed 07/11/2007 Page 12 of 17
Case 1:07-cv-03496-WHP Document 36-24 Filed 07/11/2007 Page 13 of 17
Case 1:07-cv-03496-WHP Document 36-24 Filed 07/11/2007 Page 14 of 17
Case 1:07-cv-03496-WHP Document 36-24 Filed 07/11/2007 Page 15 of 17
Case 1:07-cv-03496-WHP Document 36-24 Filed 07/11/2007 Page 16 of 17
Case 1:07-cv-03496-WHP Document 36-24 Filed 07/11/2007 Page 17 of 17
##### Exhibit 4.(b).1

##### OFFER TO PURCHASE

NAME:  Snapper Inc.

of the city/town of Toronto  in the province of Ontario (as Purchaser)

HEREBY AGREES TO AND WITH Dealcheck.com Inc. (as Vendor) to purchase 2,000,000 common shares of First Empire Entertainment.com Inc. (First Empire) owned by the Vendor for $50,000CDN (fifty thousand Canadian dollars only), which amount is hereby set off against the part settlement of the amount owed to the purchaser by the vendor.

The Vendor represents and warrants that it is the owner of the assets herein agreed to be purchased, and that the same are free and clear of all liens and encumbrances whatsoever.

The Purchaser acknowledges that it is aware of the facts that:

1. First Empire common shares currently do not have any market and are not trading publicly, and

This Offer when accepted shall constitute a binding contract of purchase and sale, and time in all respects shall be of the essence of this Agreement.

The parties hereto agree that there is no representation, warranty collateral agreement or condition affecting this Agreement or stipulated hereby other than as expressed herein in writing.

This Offer and its acceptance to be read with all changes of gender or number required by the context.

DATED at Toronto this 28th day of February ,  2002

|                                                           |   |  |                       
|---------------------------------------------------------- | - |  | ----------------------
|SIGNED, SEALED AND                                         | ) | 
|DELIVERED in the                                           | ) | 
|presence of                                                | ) |  | /s/   Ed Svoboda      
|                                                           | ) |  | For Snapper Inc.      
|                                                           | ) | 
|                                                          
|The undersigned Vendor hereby accepts the foregoing offer.
|                                                          
|DATED at Toronto this 28th  day of February, 2002         
|                                                          
|SIGNED, SEALED AND                                         | ) | 
|DELIVERED in the                                           | ) | 
|presence of                                                | ) |  | /s/   Terence Robinson
|                                                           | ) |  | For Dealcheck.com Inc 
|                                                           | ) |  | Terence Robinson      
|                                                           | ) |
Case 7:07-cv-03305-KMK-LMS Document 1-5 Filed 04/24/2007 Page 1 of 7
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Case 7:07-cv-03305-KMK-LMS Document 1-5 Filed 04/24/2007 Page 7 of 7