alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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 April 24, 2003 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 02-20933 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus ROBERTO YANEZ NORIEGA, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-01-CR-899-ALL

-------------------- Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM: * Roberto Yanez Noriega appeals his guilty plea conviction and sentence for being found in the United States after deportation/removal in violation of 8 U.S.C. § 1326. Noriega argues that the sentencing provisions in 8 U.S.C. § 1326(b) are unconstitutional on their face and as applied in his case. He contends that the unconstitutional portions of 8 U.S.C. § 1326 should be severed from the statute. He asks us to vacate hisNo. 02-20933 -2- conviction and sentence, reform the judgment to reflect a conviction only under 8 U.S.C. § 1326(a), and remand his case for resentencing under that provision.
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. Noriega acknowledges that his argument is foreclosed by Almendarez-Torres , but asserts that the decision has been called into doubt by Apprendi v. New Jersey , 530 U.S. 466, 489-90 (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). Accordingly, the judgment of the district court is AFFIRMED. The Government has moved for a summary affirmance in lieu of filing an appellee’s brief. The Government asks that an appellee’s brief not be required. The motion is GRANTED.
AFFIRMED; MOTION GRANTED.
[Federal Register Volume 72, Number 222 (Monday, November 19, 2007)]
[Notices]
[Page 65051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-5736]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Environmental Health 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 552b(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: Environmental Health Sciences Review 
Committee.
    Date: November 28-29, 2007.
    Time: 8:30 a.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Sheraton Chapel Hill Hotel, One Europa Drive, Chapel 
Hill, NC 27517.
    Contact Person: Linda K. Bass, PhD, Scientific Review 
Administrator, Nat'l Institute of Environmental Health Sciences, 
P.O. Box 12233, MD EC-24, Research Triangle Park, NC 27709, (919) 
541-1307.
    This notice is being published less than 15 days prior to the 
meeting due to the timing limitations imposed by the review and 
funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.115, 
Biometry and Risk Estimation--Health Risks from Environmental 
Exposures; 93.142, NIEHS Hazardous Waste Worker Health and Safety 
Training; 93.143, NIEHS Superfund Hazardous Substances--Basic 
Research and Education; 93.894, Resources and Manpower Development 
in the Environmental Health Sciences; 93.113, Biological Response to 
Environmental Health Hazards; 93.114, Applied Toxicological Research 
and Testing, National Institutes of Health, HHS)

    Dated: November 9, 2007.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 07-5736 Filed 11-16-07; 8:45 am]
BILLING CODE 4140-01-M
**EXHIBIT
      32.1**








**CERTIFICATION
      OF**


**CHIEF
      EXECUTIVE OFFICER**


**AND
      CHIEF FINANCIAL OFFICER**


**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 accompanying Quarterly Report On Form 10-Q of the Registrant
      (the “Company”) for the quarter ending June 30, 2008 (the “Report”), I, Douglas
      A. Dyer, the President and the Principal Executive Officer and Principal
      Financial Officer of 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,
      to
      the best of my knowledge and belief, 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.




Dated:
              August 14, 2008
            By:
            /s/
              DOUGLAS A. DYERDouglas
              A. DyerPresident
                and Director
              (Principal
                Executive Officer)
              (Principal
                Financial Officer)
#### HAGA v. CHILDRESS

No. 119 PC.

Case below: 43 N.C. App. 302.

Petition by plaintiff for discretionary review under G.S. 7A-31 denied 8 January 1980.
*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

FOR THE FIFTH CIRCUIT

_______________________

No. 02-60390

Summary Calendar

_______________________

RIAD ELSOH HAMAD,

Petitioner-Appellant,

versus

COMMISSIONER OF INTERNAL REVENUE,

Respondent-Appellee.

_________________________________________________________________

Appeal from the Decision

 of the United States Tax Court

(7748-01)

_________________________________________________________________

November 26, 2002

Before JONES, STEWART, and DENNIS, Circuit Judges.

EDITH H. JONES, Circuit Judge:*

The appellant challenges the validity of the U.S. Tax

Court’s decision entered after the appellant filed an amended tax

return. Because the appellant does not cite any authority in

support of his position, this Court considers the challenge

abandoned for being inadequately briefed. L&A Contracting Co. v.
S. Concrete Servs., Inc., 17 F.3d 106, 113 (5th Cir. 1994);

F.R.A.P. 28(a)(9)(A).

AFFIRMED
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 18

- 0 297

_____________________________
P ATRICE K ERR ,
Petitioner
,

v.

S ECOND J UDICIAL C IRCUIT C OURT , Respondent

.

_____________________________

Petition for Writ of Man damus

– Original Jurisdiction.

February 20, 2018

P ER C URIAM

. Patrice Kerr filed a tort suit against several public officials and other defendants, seeking monetary and injunctive relief. Claiming the trial court has not timely ruled on his pending motions, Kerr seeks a writ of mandamus. But in a civil case like this one, “it is the litigant’s obligation to take such actions as are necessary to prosecute the case to final disposition, and, in the course of that, to file such motions as may be necess ary and bring those motions to the trial court’s attention for a ruling.” Thomas v. State, Dep’t of Revenue , 74 So. 3d 145 (Fla. 1st DCA 2011). Because Kerr has made no showing that he has taken such actions, his petition is D ENIED

.

J AY , W INSOR , and M.K. T HOMAS , JJ., concur

.2 _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________

Patrice Kerr, pro se
, Petitioner

. Pamela Jo Bondi, Attorney General , Tallahassee
, for Respondent

.
# National Hospice Month, 2007

One of America's greatest values is compassion, and our country is blessed by all those who dedicate themselves to caring for others. During National Hospice Month, we recognize the dedicated professionals and volunteers who provide love and comfort to those who are terminally ill. 

Across our Nation, hospice physicians, nurses, counselors, and volunteers provide invaluable support that enables many of our citizens to spend their final days in comfort and dignity. By providing physical, psychological, and social assistance, hospice care workers help ensure their patients can spend valuable time with loved ones. Hospice caregivers also help by providing guidance and counseling to the families of those who are ill. 

Our Nation is committed to helping ensure that citizens with terminal illness and their families receive the assistance they need. We believe in the dignity and worth of every person at every stage of life, and hospice care brings support and comfort to those in need. 

Hospice care professionals and volunteers are answering a timeless call to love their neighbors as themselves. During National Hospice Month, we recognize these individuals for their strength and compassion. Their efforts make our country a more loving and caring place. 

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim November 2007 as National Hospice Month. I encourage all Americans to observe this month with appropriate programs and activities. I also ask Americans to recognize our health care professionals and volunteers for their contributions to helping provide comfort and care to those facing terminal illness.

IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of October, in the year of our Lord two thousand seven, and of the Independence of the United States of America the two hundred and thirty-second. 

[FR Doc. 07-5511

Billing code 3195-01-P
|   | (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 fully presents, in all material      respects, the financial condition and results of operations or the      Company. |
|--------|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                         |                         |                       |
|------------------------------|------------------------------|----------------------------|
| Date:      NOVEMBER 14, 2008 | By:                          | /s/ Jodi      Stevens |
|                         | Jodi      Stevens            |
|                         | Chief      Executive Officer |
|                         | Chief      Financial Officer |
IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

MICHAEL FULGHUM, 

Plaintiffs,

vs. CASE NO. 5:10-cv-138/RS-MD

MAGIC BROADCASTING, LLC,

Defendant.

_________________________________________/

UORDER

Before me is the Mediation Report (Doc. 30) indicating that a settlement has been 

reached. Pursuant to N.D. Fla. Loc. 16.2 it is ordered: 

1. The case is dismissed from the active docket of the court. 

2. In the event that the settlement is not consummated, the court reserves 

jurisdiction, upon motion filed by any party within sixty days of the date of this 

Order, to amend or vacate and set aside this Order and reinstate the case. 

3. The clerk is directed to close the file of this case for administrative purposes, 

and upon the expiration of sixty days without activity, the clerk is direct to 

close the case in its entirety for all purposes. 

ORDERED on December 2, 2010

 /S/ Richard Smoak

 RICHARD SMOAK

 UNITED STATES DISTRICT JUDGE
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUL-02-1995
<PERIOD-END>                               OCT-01-1995
<CASH>                                             316
<SECURITIES>                                       250
<RECEIVABLES>                                    6,927
<ALLOWANCES>                                     (178)
<INVENTORY>                                     14,602
<CURRENT-ASSETS>                                24,274
<PP&E>                                          11,340
<DEPRECIATION>                                 (8,393)
<TOTAL-ASSETS>                                  31,877
<CURRENT-LIABILITIES>                           14,694
<BONDS>                                              0
<COMMON>                                           153
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                      13,253
<TOTAL-LIABILITY-AND-EQUITY>                    31,877
<SALES>                                         13,361
<TOTAL-REVENUES>                                13,361
<CGS>                                           11,322
<TOTAL-COSTS>                                   12,995
<OTHER-EXPENSES>                                    46
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 319
<INCOME-PRETAX>                                     93
<INCOME-TAX>                                         6
<INCOME-CONTINUING>                                 87
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                        87
<EPS-PRIMARY>                                      .01
<EPS-DILUTED>                                      .01
        

</TABLE>
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-1998
<PERIOD-START>                             OCT-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                              27
<SECURITIES>                                         0
<RECEIVABLES>                                    1,101
<ALLOWANCES>                                     (199)
<INVENTORY>                                      2,150
<CURRENT-ASSETS>                                 4,260
<PP&E>                                           6,610
<DEPRECIATION>                                 (6,119)
<TOTAL-ASSETS>                                   7,318
<CURRENT-LIABILITIES>                            3,934
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           413
<OTHER-SE>                                     (1,515)
<TOTAL-LIABILITY-AND-EQUITY>                     7,318
<SALES>                                          2,453
<TOTAL-REVENUES>                                 2,636
<CGS>                                            1,023
<TOTAL-COSTS>                                    2,462
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 147
<INCOME-PRETAX>                                      9
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  9
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                         9
<EPS-PRIMARY>                                      .00
<EPS-DILUTED>                                      .00
        

</TABLE>
1 A motion to vacate is the proper vehicle to challenge the

validity of a conviction or sentence. See 28 U.S.C. §2255. A writ

of habeas corpus may only be used when the petitioner has

demonstrated remedies available under §2255 are ineffective or

unavailable. In this case, where the petitioner is attempting to

circumvent the requirements of filing a successive motion, he has

failed to made the requisite showing. See Wofford v. Scott, 177

F.3d 1236(11 Cir. 1999). 

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 10-20994-CIV-MORENO

MAGISTRATE JUDGE P.A. WHITE

DANIEL K. GARCIA, :

Movant, :

v. : REPORT RECOMMENDING

 TRANSFER OF VENUE

KENNY ATKINSON, WARDEN, : 

Respondent. :

______________________________

This Cause is before the Court upon a petition for writ of

habeas corpus filed pursuant to 28 U.S.C. 2241, attacking a

conviction entered in the United States District Court for the

Northern District of Florida, Case no. 98cr49SPM, claiming actual

innocence. The motion is, in legal effect a motion to vacate,

pursuant to 28 U.S.C. §2255.1

Such a motion must be directed to the Court which imposed the

sentence. 28 U.S.C. §2255.

The Northern District may rule on the successiveness of this

petition. The petitioner states in his petition that he filed a
2

prior motion to vacate in the Northern District of Florida, which

was denied on June 12, 2002, with prejudice. He claims the Eleventh

Circuit declined to issue a certificate of appealability on

September 3, 2002.

It is therefore recommended that this case be transferred to

the United States District Court for the Northern District of

Florida, pursuant to 28 U.S.C. §1631.

Dated this 7th day of April, 2010.

______________________________

UNITED STATES MAGISTRATE JUDGE

cc: Daniel Garcia, Pro Se

Reg. No. 11116-017

FCI-Miami

Address of record
# C_2011199EN.01001402.xml

| 7.7.2011 | EN | Official Journal of the European Union | C 199/14 |
| --- | --- | --- | --- |

7.7.2011

EN

Official Journal of the European Union

C 199/14

---

Corrigendum to Commission notice concerning a notice of initiation of an anti-dumping proceeding concerning imports of certain concentrated soy protein products originating in the People's Republic of China

(
  Official Journal of the European Union C 121 of 19 April 2011
  )

Official Journal of the European Union C 121 of 19 April 2011

2011/C 199/11

As regards the title of the act,

for:

read:

---
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2315 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  1st Session
                                S. 2315

 To amend section 4712 of title 41, United States Code, to clarify the 
     inclusion of subcontractors and subgrantees for whistleblower 
                              protection.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 30, 2019

 Mr. Braun (for himself and Ms. Hassan) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL

 
 To amend section 4712 of title 41, United States Code, to clarify the 
     inclusion of subcontractors and subgrantees for whistleblower 
                              protection.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Whistleblower Act of 2019''.

SEC. 2. PROTECTION AGAINST REPRISAL FOR FEDERAL SUBGRANTEE EMPLOYEES.

    Section 4712 of title 41, United States Code, is amended--
            (1) in subsection (a)(2)(G), by striking ``or grantee'' and 
        inserting ``grantee, or subgrantee'';
            (2) in subsection (b), by striking ``contractor or 
        grantee'' and inserting ``contractor, subcontractor, grantee, 
        or subgrantee'';
            (3) in subsection (c)(1), by striking ``contractor or 
        grantee'' each place it appears and inserting ``contractor, 
        subcontractor, grantee, or subgrantee''; and
            (4) in subsection (d), by striking ``and grantees'' and 
        inserting ``grantees, and subgrantees''.
                                 <all>
```
# CA2009098EN.01S00301.xml

| 29.4.2009 | EN | Official Journal of the European Union | CA 98/s3 |
| --- | --- | --- | --- |

29.4.2009

EN

Official Journal of the European Union

CA 98/s3

---

REVIEW OF ‘COMPETITION’ C A OJs

Please find below the list of C A published during the present year.

Unless otherwise indicated, OJs are published in all language versions.

| 9 | (DE/EN/FR) |
| --- | --- |
| 10 | (IT) |
| 12 | (DE/FR) |
| 13 | |
| 14 | (DE/EN/FR) |
| 16 | (DE/EN/FR) |
| 17 | (BG/ET/LT/LV/MT/RO) |
| 20 | |
| 21 | (DE/EN/FR) |
| 23 | |
| 24 | (DE/FR/NL) |
| 25 | (BG/ET/LT/LV/MT/RO) |
| 28 | (DE/EN/FR) |
| 34 | (FR) |
| 36 | (GA/EN) |
| 37 | |
| 38 | |
| 39 | (SV) |
| 41 | (DE/EN/FR) |
| 42 | (EN) |
| 45 | |
| 46 | (DE/EN/FR) |
| 47 | |
| 52 | (DA/FI/MT) |
| 58 | (DE/EN/FR) |
| 59 | (DE/EN/ES/FR/PT/SV) |
| 62 | (BG/CS/LT/LV/MT/PL/RO/SK) |
| 63 | |
| 70 | |
| 71 | |
| 75 | (DE/EN/FR) |
| 80 | (FR) |
| 84 | (BG/RO) |
| 86 | |
| 91 | |
| 93 | (BG/RO) |
| 94 | |
| 95 | |
| 97 | (DE/EN/FR) |
| 98 | |

9

(DE/EN/FR)

10

(IT)

12

(DE/FR)

13

14

(DE/EN/FR)

16

(DE/EN/FR)

17

(BG/ET/LT/LV/MT/RO)

20

21

(DE/EN/FR)

23

24

(DE/FR/NL)

25

(BG/ET/LT/LV/MT/RO)

28

(DE/EN/FR)

34

(FR)

36

(GA/EN)

37

38

39

(SV)

41

(DE/EN/FR)

42

(EN)

45

46

(DE/EN/FR)

47

52

(DA/FI/MT)

58

(DE/EN/FR)

59

(DE/EN/ES/FR/PT/SV)

62

(BG/CS/LT/LV/MT/PL/RO/SK)

63

70

71

75

(DE/EN/FR)

80

(FR)

84

(BG/RO)

86

91

93

(BG/RO)

94

95

97

(DE/EN/FR)

98

---