alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
II 

116TH CONGRESS 

1ST SESSION S. 1649 

To restore protections for Social Security, Railroad retirement, and Black 

Lung benefits from administrative offset. 

IN THE SENATE OF THE UNITED STATES 

MAY 23 (legislative day, MAY 22), 2019 

Mr. WYDEN (for himself, Mr. BROWN, Mr. WHITEHOUSE, Mr. LEAHY, Ms. 

WARREN, Ms. HIRONO, Mr. SANDERS, Mrs. GILLIBRAND, Mr. MERKLEY, 

and Mr. SCHATZ) introduced the following bill; which was read twice and 

referred to the Committee on Finance 

A BILL 

To restore protections for Social Security, Railroad retirement, and Black Lung benefits from administrative offset. 

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 ‘‘Protection of Social 

5 Security Benefits Restoration Act’’. 


kjohnson on DSK79L0C42 with BILLS
2 

•S 1649 IS

1 SEC. 2. PROTECTING SOCIAL SECURITY, RAILROAD RE2 TIREMENT, AND BLACK LUNG BENEFITS 

3 FROM ADMINISTRATIVE OFFSET. 

4 (a) PROHIBITION ON ADMINISTRATIVE OFFSET AU5 THORITY.— 

6 (1) ASSIGNMENT UNDER SOCIAL SECURITY

7 ACT.—Section 207 of the Social Security Act (42 

8 U.S.C. 407) is amended by adding at the end the 

9 following new subsection: 

10 ‘‘(d) Subparagraphs (A), (C), and (D) of section 

11 3716(c)(3) of title 31, United States Code, as such sub12 paragraphs were in effect on the date before the date of 

13 enactment of the Protection of Social Security Benefits 

14 Restoration Act, shall be null and void and of no effect.’’. 

15 (2) CONFORMING AMENDMENTS.— 

16 (A) Section 14(a) of the Railroad Retire17 ment Act of 1974 (45 U.S.C. 231m(a)) is 

18 amended by adding at the end the following: ‘‘. 

19 The provisions of section 207(d) of the Social 

20 Security Act shall apply with respect to this 

21 title to the same extent as they apply in the 

22 case of title II of such Act.’’. 

23 (B) Section 2(e) of the Railroad Unem24 ployment Insurance Act (45 U.S.C. 352(e)) is 

25 amended by adding at the end the following: 

26 ‘‘The provisions of section 207(d) of the Social 


kjohnson on DSK79L0C42 with BILLS
3 

•S 1649 IS

1 Security Act shall apply with respect to this 

2 title to the same extent as they apply in the 

3 case of title II of such Act.’’ 

4 (b) REPEAL OF ADMINISTRATIVE OFFSET AUTHOR5 ITY.— 

6 (1) IN GENERAL.—Paragraph (3) of section 

7 3716(c) of title 31, United States Code, is amend8 ed— 

9 (A) by striking ‘‘(3)(A)(i) Notwith10 standing’’ and all that follows through ‘‘any 

11 overpayment under such program).’’; 

12 (B) by striking subparagraphs (C) and 

13 (D); and 

14 (C) by redesignating subparagraph (B) as 

15 paragraph (3). 

16 (2) CONFORMING AMENDMENT.—Paragraph (5) 

17 of such section is amended by striking ‘‘the Commis18 sioner of Social Security and’’. 

19 (c) EFFECTIVE DATE.—The amendments made by 

20 this section shall apply to any collection by administrative 

21 offset occurring on or after the date of enactment of this 

22 Act of a claim arising before, on, or after the date of en23 actment of this Act. 

Æ 


kjohnson on DSK79L0C42 with BILLS
# Soldier Accounted for from WWII (Hurst, R.)

/ Published Dec. 21, 2023
WASHINGTON, 
The Defense POW/MIA Accounting Agency (DPAA) announced today that U.S. Army Pvt. Robert L. A. Hurst, 21, of Wabasso, Florida, who was captured and died as a prisoner of war during World War II, was accounted for July 10, 2023.

In late 1942, Hurst was a member of the 429th Signal Maintenance Company when Japanese forces invaded the Philippine Islands in December. Intense fighting continued until the surrender of the Bataan peninsula on April 9, 1942, and of Corregidor Island on May 6, 1942.

Thousands of U.S. and Filipino service members were captured and interned at POW camps.  Hurst was among those reported captured when U.S. forces in Bataan surrendered to the Japanese. They were subjected to the 65-mile Bataan Death March and then held at the Cabanatuan POW camp. More than 2,500 POWs perished in this camp during the war.

According to prison camp and other historical records, Hurst died July 27, 1942, and was buried along with other deceased prisoners in the local Cabanatuan Camp Cemetery in Common Grave 225.

Following the war, American Graves Registration Service (AGRS) personnel exhumed those buried at the Cabanatuan cemetery and relocated the remains to a temporary U.S. military mausoleum near Manila. In 1947, the AGRS examined the remains in an attempt to identify them. Three sets of remains from Common Grave 225 were identified, but the rest were declared unidentifiable. The unidentified remains were buried at the Manila American Cemetery and Memorial (MACM) as Unknowns.

In early 2018, the remains associated with Common Grave 225 were disinterred and sent to the DPAA laboratory for analysis.

To identify Hurst’s remains, scientists from DPAA used dental and anthropological analysis, as well as circumstantial evidence. Additionally, scientists from the Armed Forces Medical Examiner System used mitochondrial DNA (mtDNA) and Y-chromosome DNA (Y-STR) analysis.

Although interred as an Unknown in MACM, Hurst’s grave was meticulously cared for over the past 70 years by the American Battle Monuments Commission (ABMC).

Hurst will be buried in Vero Beach, Florida, on a date to be determined.

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

DPAA is grateful to the ABMC and the United States Army 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, find us on social media at www.facebook.com/dodpaa or https://www.linkedin.com/company/defense-pow-mia-accounting-agency.

Hurst’s personnel profile can be viewed at https://dpaa-mil.sites.crmforce.mil/dpaaProfile?id=a0Jt00000004nXpEAI.
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 William Lyon Homes (the Company) on Form 10-K/A (Amendment No. 1) for the period ending December 31, 2003 as filed
with the Securities and Exchange Commission on the date hereof (the Report), I, William Lyon, Chief Executive 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:



(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/    WILLIAM LYON

---

William Lyon

Chief Executive Officer

July 14, 2004



A signed original of this written statement required by Section 906 has been provided to William Lyon Homes and will be retained by William Lyon
Homes and furnished to the Securities and Exchange Commission or its staff upon request.
#### PARKER v. BENNETT

No. 56 PC.

Case below: 32 N.C. App. 46.

Petition by defendants for discretionary review under G.S. 7A-31 denied 7 March 1977.
---

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

I, John Bristow, Chief Executive Officer of Rockwell Diamonds
Inc. (the Company), hereby 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:

(1) The Annual Report on Form 20-F/A of
the Company for the fiscal year ended February 28, 2010 (the Annual 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
Annual Report fairly presents, in all material respects, the financial condition
and results of operations of the Company.

By:          /s/ J.
Bristow

________________________________Name:    John
BristowTitle:      Chief Executive
Officer
  Date: 	     November 18, 2010

This written statement is being furnished to the Securities
and Exchange Commission as an exhibit to the Companys Annual Report on Form
20-F. A signed original of this 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.

This certification accompanies this Annual Report on Form
20-F pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not,
except to the extent required by such Act, be deemed filed by the Company for
purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the
Exchange Act). Such certification will not be deemed to be incorporated by
reference into any filing under the Securities Act of 1933, as amended, or the
Exchange Act, except to the extent that the Company specifically incorporates it
by reference.

---
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 16-40617

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

GEARY MOHAMMED MILLS,

Defendant-Appellant

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 4:10-CR-65-8

Before JONES, WIENER, and CLEMENT, Circuit Judges.

PER CURIAM:*

Geary Mohammed Mills was convicted by a jury of conspiracy to possess 

with intent to distribute a controlled substance and possession of a firearm in 

furtherance of a drug-trafficking crime, and he was sentenced to 248 months 

of imprisonment and five years of supervised release. This court affirmed the 

judgment of the district court, and Mills’s criminal proceeding was concluded 

when the Supreme Court denied his petition for a writ of certiorari in October 

 

* 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

March 1, 2017

Lyle W. Cayce

Clerk

 Case: 16-40617 Document: 00513892567 Page: 1 Date Filed: 03/01/2017
No. 16-40617

2

2014. See United States v. Mills, 555 F. App’x 381, 382-88 (5th Cir.), cert. 

denied, 135 S. Ct. 140 (2014). In April 2015, Mills moved for reconsideration 

of the denial of his pretrial suppression motion, which denial had been affirmed 

on direct appeal. That motion was administratively terminated without notice 

to Mills, as the criminal proceeding was no longer pending. In April 2016, Mills 

moved for an expedited ruling on his motion for reconsideration and sought the 

dismissal of the indictment against him as being void for lack of jurisdiction. 

To the extent that Mills’s motion for an expedited ruling sought the dismissal 

of his indictment, the district court dismissed it as untimely, citing Federal 

Rule of Criminal Procedure 12(b)(2). Mills now appeals.

We note at the outset that the superseding indictment charged Mills 

with violating 21 U.S.C. § 846 and 18 U.S.C. § 924(c)(1), two federal offenses, 

and that the district court thus had subject matter jurisdiction over his 

prosecution. See 18 U.S.C. § 3231. Mills’s 2014 motion sought to challenge 

jurisdiction on the basis of venue and thus had to be brought pretrial, or at 

least while his criminal case was still pending. See FED. R. CRIM. P. 12(b)(2). 

We do not address here the appropriate standard of review, see United States 

v. McLauling, 753 F.3d 557, 559 (5th Cir. 2014), but conclude that the district 

court did not err in denying Mills’s motion as untimely. The motion for 

expedited consideration of this appeal is DENIED.

AFFIRMED.

 Case: 16-40617 Document: 00513892567 Page: 2 Date Filed: 03/01/2017
Case 1:07-cv-03450-AKH Document 4 Filed 07/10/2008 Page 1 of 20
Case 1:07-cv-03450-AKH Document 4 Filed 07/10/2008 Page 2 of 20
Case 1:07-cv-03450-AKH Document 4 Filed 07/10/2008 Page 3 of 20
Case 1:07-cv-03450-AKH Document 4 Filed 07/10/2008 Page 4 of 20
Case 1:07-cv-03450-AKH Document 4 Filed 07/10/2008 Page 5 of 20
Case 1:07-cv-03450-AKH Document 4 Filed 07/10/2008 Page 6 of 20
Case 1:07-cv-03450-AKH Document 4 Filed 07/10/2008 Page 7 of 20
Case 1:07-cv-03450-AKH Document 4 Filed 07/10/2008 Page 8 of 20
Case 1:07-cv-03450-AKH Document 4 Filed 07/10/2008 Page 9 of 20
Case 1:07-cv-03450-AKH Document 4 Filed 07/10/2008 Page 10 of 20
Case 1:07-cv-03450-AKH Document 4 Filed 07/10/2008 Page 11 of 20
Case 1:07-cv-03450-AKH Document 4 Filed 07/10/2008 Page 12 of 20
Case 1:07-cv-03450-AKH Document 4 Filed 07/10/2008 Page 13 of 20
Case 1:07-cv-03450-AKH Document 4 Filed 07/10/2008 Page 14 of 20
Case 1:07-cv-03450-AKH Document 4 Filed 07/10/2008 Page 15 of 20
Case 1:07-cv-03450-AKH Document 4 Filed 07/10/2008 Page 16 of 20
Case 1:07-cv-03450-AKH Document 4 Filed 07/10/2008 Page 17 of 20
Case 1:07-cv-03450-AKH Document 4 Filed 07/10/2008 Page 18 of 20
Case 1:07-cv-03450-AKH Document 4 Filed 07/10/2008 Page 19 of 20
Case 1:07-cv-03450-AKH Document 4 Filed 07/10/2008 Page 20 of 20
Case 1:07-cv-03496-WHP Document 17-3 Filed 06/26/2007 Page 1 of 20
Case 1:07-cv-03496-WHP Document 17-3 Filed 06/26/2007 Page 2 of 20
Case 1:07-cv-03496-WHP Document 17-3 Filed 06/26/2007 Page 3 of 20
Case 1:07-cv-03496-WHP Document 17-3 Filed 06/26/2007 Page 4 of 20
Case 1:07-cv-03496-WHP Document 17-3 Filed 06/26/2007 Page 5 of 20
Case 1:07-cv-03496-WHP Document 17-3 Filed 06/26/2007 Page 6 of 20
Case 1:07-cv-03496-WHP Document 17-3 Filed 06/26/2007 Page 7 of 20
Case 1:07-cv-03496-WHP Document 17-3 Filed 06/26/2007 Page 8 of 20
Case 1:07-cv-03496-WHP Document 17-3 Filed 06/26/2007 Page 9 of 20
Case 1:07-cv-03496-WHP Document 17-3 Filed 06/26/2007 Page 10 of 20
Case 1:07-cv-03496-WHP Document 17-3 Filed 06/26/2007 Page 11 of 20
Case 1:07-cv-03496-WHP Document 17-3 Filed 06/26/2007 Page 12 of 20
Case 1:07-cv-03496-WHP Document 17-3 Filed 06/26/2007 Page 13 of 20
Case 1:07-cv-03496-WHP Document 17-3 Filed 06/26/2007 Page 14 of 20
Case 1:07-cv-03496-WHP Document 17-3 Filed 06/26/2007 Page 15 of 20
Case 1:07-cv-03496-WHP Document 17-3 Filed 06/26/2007 Page 16 of 20
Case 1:07-cv-03496-WHP Document 17-3 Filed 06/26/2007 Page 17 of 20
Case 1:07-cv-03496-WHP Document 17-3 Filed 06/26/2007 Page 18 of 20
Case 1:07-cv-03496-WHP Document 17-3 Filed 06/26/2007 Page 19 of 20
Case 1:07-cv-03496-WHP Document 17-3 Filed 06/26/2007 Page 20 of 20
#### STATE v. BUSH

No. 31.

Case below: 10 N.C. App. 247.

Motion of Attorney General to dismiss appeal for lack of substantial constitutional question allowed 1 February 1971.
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          SEP-30-2000
<PERIOD-START>                             OCT-01-1999
<PERIOD-END>                               JUN-30-2000
<CASH>                                             205
<SECURITIES>                                         0
<RECEIVABLES>                                   27,375
<ALLOWANCES>                                     2,653
<INVENTORY>                                     64,360
<CURRENT-ASSETS>                                97,412
<PP&E>                                         220,208
<DEPRECIATION>                                 137,472
<TOTAL-ASSETS>                                 187,414
<CURRENT-LIABILITIES>                           82,439
<BONDS>                                         75,569
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                         83
<COMMON>                                            41
<OTHER-SE>                                    (96,106)
<TOTAL-LIABILITY-AND-EQUITY>                   187,414
<SALES>                                        167,178
<TOTAL-REVENUES>                               167,178
<CGS>                                          161,733
<TOTAL-COSTS>                                  174,233
<OTHER-EXPENSES>                                 8,163
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               4,844
<INCOME-PRETAX>                                (9,921)
<INCOME-TAX>                                        77
<INCOME-CONTINUING>                            (9,995)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (9,995)
<EPS-BASIC>                                     (2.46)
<EPS-DILUTED>                                   (3.10)


</TABLE>
Case 1:07-cv-03472-SAS     Document 3      Filed 05/09/2007     Page 1 of 1
UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF NEW YORK 

----------------------------------------------------------------------x 

RITCHIE CAPITAL MANAGEMENT, L.L.C., et al., 

 07 Civ. 3494 (DLC) 

 Plaintiffs, ECF Case 

 v. 

 NOTICE OF VOLUNTARY

COVENTRY FIRST LLC, et al., DISMISSAL PURSUANT TO

 RULE 41(a)

 Defendants. 

----------------------------------------------------------------------x 

To all Parties and the Clerk of Court: 

PLEASE TAKE NOTICE that, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil 

Procedure, Plaintiffs voluntarily dismiss the above-captioned action without prejudice. 

Dated: March 17, 2008 LAW OFFICES OF THOMAS P. PUCCIO 

By: s/ Thomas P. Puccio 

Thomas P. Puccio 

230 Park Avenue 

New York, NY 10169 

Tel: (212) 883-6383 

Fax: (212) 883-6388 

Lawrence S. Robbins 

Gary A. Orseck 

Alison C. Barnes 

Daniel R. Walfish 

Rachel S. Li Wai Suen 

ROBBINS, RUSSELL, ENGLERT, ORSECK, 

 UNTEREINER & SAUBER LLP 

1801 K Street, N.W., Suite 411 

Washington, DC 20006 

Tel: (202) 775-4500 

Fax: (202) 775-4510 

Counsel for Plaintiffs

Case 1:07-cv-03494-DLC Document 76 Filed 03/17/2008 Page 1 of 1
#### LENTZ v. GARDIN

No. 54 PC.

Case below: 30 N.C. App. 379.

Petition by defendant for discretionary review under G.S. 7A-31 allowed 5 October 1976.
Exhibit 32.2

Furnished (but not filed) as an exhibit to the periodic report identified in the 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 Annual Report of Gentiva Health Services, Inc. (the Company) on Form 10-K for the period ended
December 31, 2006 as filed with the Securities and Exchange Commission (the Report), I, John R. Potapchuk, Executive Vice President, Chief Financial Officer and Treasurer 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:

(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.



|                     |  |  |  |                                                                                  
|-------------------- |  |  |  | ---------------------------------------------------------------------------------
|                     |  | 
|Date: March 16, 2007 |  |  |  | /s/ John R. Potapchuk                                                            
|                     |  |  |  | John R. Potapchuk Executive Vice
President, Chief Financial Officer and Treasurer
Case 1:07-cv-03496-WHP Document 33-30 Filed 07/10/2007 Page 1 of 35
Case 1:07-cv-03496-WHP Document 33-30 Filed 07/10/2007 Page 2 of 35
Case 1:07-cv-03496-WHP Document 33-30 Filed 07/10/2007 Page 3 of 35
Case 1:07-cv-03496-WHP Document 33-30 Filed 07/10/2007 Page 4 of 35
Case 1:07-cv-03496-WHP Document 33-30 Filed 07/10/2007 Page 5 of 35
Case 1:07-cv-03496-WHP Document 33-30 Filed 07/10/2007 Page 6 of 35
Case 1:07-cv-03496-WHP Document 33-30 Filed 07/10/2007 Page 7 of 35
Case 1:07-cv-03496-WHP Document 33-30 Filed 07/10/2007 Page 8 of 35
Case 1:07-cv-03496-WHP Document 33-30 Filed 07/10/2007 Page 9 of 35
Case 1:07-cv-03496-WHP Document 33-30 Filed 07/10/2007 Page 10 of 35
Case 1:07-cv-03496-WHP Document 33-30 Filed 07/10/2007 Page 11 of 35
Case 1:07-cv-03496-WHP Document 33-30 Filed 07/10/2007 Page 12 of 35
Case 1:07-cv-03496-WHP Document 33-30 Filed 07/10/2007 Page 13 of 35
Case 1:07-cv-03496-WHP Document 33-30 Filed 07/10/2007 Page 14 of 35
Case 1:07-cv-03496-WHP Document 33-30 Filed 07/10/2007 Page 15 of 35
Case 1:07-cv-03496-WHP Document 33-30 Filed 07/10/2007 Page 16 of 35
Case 1:07-cv-03496-WHP Document 33-30 Filed 07/10/2007 Page 17 of 35
Case 1:07-cv-03496-WHP Document 33-30 Filed 07/10/2007 Page 18 of 35
Case 1:07-cv-03496-WHP Document 33-30 Filed 07/10/2007 Page 19 of 35
Case 1:07-cv-03496-WHP Document 33-30 Filed 07/10/2007 Page 20 of 35
Case 1:07-cv-03496-WHP Document 33-30 Filed 07/10/2007 Page 21 of 35
Case 1:07-cv-03496-WHP Document 33-30 Filed 07/10/2007 Page 22 of 35
Case 1:07-cv-03496-WHP Document 33-30 Filed 07/10/2007 Page 23 of 35
Case 1:07-cv-03496-WHP Document 33-30 Filed 07/10/2007 Page 24 of 35
Case 1:07-cv-03496-WHP Document 33-30 Filed 07/10/2007 Page 25 of 35
Case 1:07-cv-03496-WHP Document 33-30 Filed 07/10/2007 Page 26 of 35
Case 1:07-cv-03496-WHP Document 33-30 Filed 07/10/2007 Page 27 of 35
Case 1:07-cv-03496-WHP Document 33-30 Filed 07/10/2007 Page 28 of 35
Case 1:07-cv-03496-WHP Document 33-30 Filed 07/10/2007 Page 29 of 35
Case 1:07-cv-03496-WHP Document 33-30 Filed 07/10/2007 Page 30 of 35
Case 1:07-cv-03496-WHP Document 33-30 Filed 07/10/2007 Page 31 of 35
Case 1:07-cv-03496-WHP Document 33-30 Filed 07/10/2007 Page 32 of 35
Case 1:07-cv-03496-WHP Document 33-30 Filed 07/10/2007 Page 33 of 35
Case 1:07-cv-03496-WHP Document 33-30 Filed 07/10/2007 Page 34 of 35
Case 1:07-cv-03496-WHP Document 33-30 Filed 07/10/2007 Page 35 of 35
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15

- 41063 Conference Calendar

UNITED STATES OF AMERICA

,

Plaintiff

- Appellee

v.

ALTAGRACIA GUADALUPE VARG A S

,

Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:15

- CR

- 4

- 1

Before REAVLEY, ELROD, and HAYNES, Circuit Judges.

PER CURIAM: *

Appealing the judgment in a criminal case, Altagracia Guadalupe

Vargas raises an argument that is foreclosed by United States v. Betancourt

, 586 F.3d 303, 308

- 09 (5th Cir. 2009) , which held that knowledge of drug type

and quantity is not an element of a 21 U.S.C. § 841 offense

. Accordingly, t he

motion for summary disposition is GRANTED, and the judgment of the district

court is AFFIRMED.

* 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 se t forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED April 20 , 2016

Lyle W. Cayce Clerk Case: 15-41063 Document: 00513471948 Page: 1 Date Filed: 04/20/2016
Case 1:07-cv-03545-DAB Document 10 Filed 10/05/2007 Page 1 of 4
Case 1:07-cv-03545-DAB Document 10 Filed 10/05/2007 Page 2 of 4
Case 1:07-cv-03545-DAB Document 10 Filed 10/05/2007 Page 3 of 4
Case 1:07-cv-03545-DAB Document 10 Filed 10/05/2007 Page 4 of 4