alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5TH CIR. R. 47.5, the court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 02-20502

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JAVIER RODRIGUEZ-PEREZ,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. H-01-CR-747-ALL

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

February 20, 2003

Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges.

PER CURIAM:*

Javier Rodriguez-Perez 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. RodriguezPerez 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 his
No. 02-20502

-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. 

Rodriguez-Perez 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.
Exhibit
      32(b)







TXU
      CORP.


Certificate
      Pursuant to Section 906


of
       Sarbanes - Oxley Act of 2002


CERTIFICATION
      OF CFO







The
      undersigned, David A. Campbell, Executive Vice President and Acting Chief
      Financial Officer of TXU Corp. (the “Company”), DOES HEREBY CERTIFY
      that:




1.
            The
                Company’s Annual Report on Form 10-K for the period ended December 31,
                2006 (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.
            Information
                contained in the Report fairly presents, in all material respects,
                the
                financial condition and results of operation of the
                Company.




IN
      WITNESS WHEREOF, the undersigned has caused this instrument to be executed
      this
      1 st day of
      March, 2007.










/s/
                David A. CampbellName:
            David
                A. CampbellTitle:
            Executive
                Vice President and Acting Chief Financial Officer














































































A
      signed
      original of this written statement required by Section 906 has been provided
      to
      TXU Corp. and will be retained by TXU Corp. and furnished to the Securities
      and
      Exchange Commission or its staff upon request.
**Exhibit 23.1**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

Optio Software, Inc. 

Atlanta, Ga. 

 

We hereby consent to the incorporation by reference in the registration statement ofOptio Software, Inc. on Form S-8 (File No. 333-39028) of our report dated April 12, 2005, except for Note 6 which is as of April 27, 2005, relating to the consolidated financial statements and schedule of Optio Software, Inc. and subsidiariesappearing in the Company’s Annual Report on Form 10-K for the year ended January 31, 2005. 

 

/s/ BDO Seidman, LLP 

 

Atlanta, Georgia

April 29, 2005
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>                    <C>
<PERIOD-TYPE>                   YEAR                   YEAR
<FISCAL-YEAR-END>                          AUG-02-1998             AUG-01-1999
<PERIOD-START>                             AUG-04-1997             AUG-03-1998
<PERIOD-END>                               AUG-02-1998             AUG-01-1999
<CASH>                                           3,301                   9,841
<SECURITIES>                                         0                       0
<RECEIVABLES>                                   31,657                  34,777
<ALLOWANCES>                                     1,258                   1,618
<INVENTORY>                                      1,263                   1,793
<CURRENT-ASSETS>                                38,663                  61,757
<PP&E>                                         124,230                 173,266
<DEPRECIATION>                                  46,610                  68,837
<TOTAL-ASSETS>                                 217,298                 343,543
<CURRENT-LIABILITIES>                           25,514                  47,251
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          2                       0
<COMMON>                                            99                     196
<OTHER-SE>                                      67,012                 124,775
<TOTAL-LIABILITY-AND-EQUITY>                   217,298                 343,543
<SALES>                                        129,168                 196,984
<TOTAL-REVENUES>                               129,168                 196,984
<CGS>                                          117,839                 178,360
<TOTAL-COSTS>                                  117,839                 178,360
<OTHER-EXPENSES>                                     0                     933
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                               8,139                  12,753
<INCOME-PRETAX>                                  3,190                   4,938
<INCOME-TAX>                                         0                       0
<INCOME-CONTINUING>                              3,190                   4,938
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                (2,449)                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                       741                   4,938
<EPS-BASIC>                                     0.08                    0.37
<EPS-DILUTED>                                     0.07                    0.34


</TABLE>
Presidential Documents

Federal Register / Vol. 72, No. 212 / Friday, November 2, 2007 / Presidential Documents 62399 

Proclamation 8197 of October 31, 2007 

National Family Caregivers Month, 2007 

By the President of the United States of America 

A Proclamation 

Each year during National Family Caregivers Month, we celebrate all those 

who dedicate themselves to caring for others and recognize their efforts 

to comfort and improve the lives of their loved ones in need. 

One of our Nation’s defining values is compassion, and we must do our 

best to see that every citizen is treated with dignity and respect. Family 

caregivers demonstrate this compassion, often at great sacrifice, to assist 

with everyday activities for family members who are elderly, chronically 

ill, or disabled. This dedication contributes to a culture of caring and responsibility across our country. 

My Administration remains committed to supporting family caregivers by 

enhancing their access to services, agencies, and other providers. Late last 

year, I signed ‘‘The Lifespan Respite Care Act of 2006,’’ which establishes 

a program to assist family caregivers in accessing affordable and high-quality 

respite care. The National Family Caregiver Support Program encourages 

cooperation among agencies and other organizations that support and work 

with the family caregivers. This program offers information, training, and 

counseling to help family caregivers assist their loved ones. 

National Family Caregivers Month is a time to recognize family caregivers 

for their good hearts and tireless support. Their love and devotion exemplify 

the true spirit of America. 

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 

Family Caregivers Month. I encourage all Americans to honor the selfless 

service of caregivers who support their loved ones in need. 


pwalker on PROD1PC71 with NOTICES6
62400 Federal Register / Vol. 72, No. 212 / Friday, November 2, 2007 / Presidential Documents 

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. 07–5510 

Filed 11–1–07; 9:38 am] 

Billing code 3195–01–P 


pwalker on PROD1PC71 with NOTICES6GWBOLD.EPS</GPH>
Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

DANIEL GEORGE AXMAN,

Petitioner,

v. CASE NO. 4:10-cv-00297-MP -WCS

WALTER A MCNEIL,

Respondent.

_____________________________/

O R D E R

This matter is before the Court on Doc. 6, Report and Recommendation to Dismiss §

2254 Petition. Petitioner challenges the denial of mandamus relief in state court pertaining to a §

2254 petition already pending in the Middle District of Florida. The Magistrate Judge has

recommended this case be dismissed and a certificate of appealability denied. Petitioner has

made no objection, and the time for doing so has passed. Finding no plain error, it is accordingly

ORDERED AND ADJUDGED:

1. The Report and Recommendation of the Magistrate Judge, Doc. 6, is ADOPTED

and incorporated herein. 

2. This petition is DISMISSED. 

3. A Certificate of Appealability is DENIED. 

DONE AND ORDERED this 8th day of December, 2010

 s/Maurice M. Paul 

 Maurice M. Paul, Senior District Judge
Exhibit
      10(k)




Mike
        Childers
 Employment
        Arrangements
  Since
        March 13, 2006, TXU Corp. (the “Company”) has employed Mike Childers as Chief
        Executive Officer, Generation Development on an at-will employee basis. The
        Company pays Mr. Childers an annual salary equal to $400,000, and
        Mr. Childers is eligible to participate in all compensation and benefit
        plans of the Company in which similarly situated executives are eligible
        to
        participate, which currently include the TXU Corp. Executive Annual Incentive
        Plan, the TXU Corp. 2005 Omnibus Incentive Plan, the TXU Corp. Salary Deferral
        Plan, the TXU Executive Financial Advisement Program, the Executive Physical
        Examination Program, the TXU Second Supplemental Retirement Plan, the TXU
        Corp.
        Executive Change in Control Policy and the TXU Corp. 2005 Executive Severance
        Plan. Assuming Mr. Childers is employed with the Company on the date 2007
        awards
        are granted pursuant to the 2005 Omnibus Incentive Plan, the award to be
        granted
        to Mr. Childers will have a face value equal to not less than 165% of his
        base
        salary, based on the share price of the Company’s common stock at the time of
        grant.
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 Health and Human Services Administration for Children and Families
 *Proposed Projects:* *Title:*
                     Project 1099. *OMB No.:*
                     0970-0183. *Description:*
                     A voluntary program which provides State Child Support Enforcement agencies, upon their request, access to the earned and unearned income information reported to IRS by employers and financial institutions. The IRS 1099 information is used to locate noncustodial parents and to verify income and employment. *Respondents:*
                     State IV-D programs.
                    ( print page 62656) Annual Burden Estimates
Instrument
Number of
                             respondents
Number of
                             responses per respondent
Average
                             burden hours per response
Total burden hours1099 Record Specifications
54
12
1.96
1,270IRS Safeguarding Certification Letter
54
1
.48
26
 *Estimated Total Annual Burden Hours*: 1,296. In compliance with the requirements of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Administration for Children and Families is soliciting public comment on the specific aspects of the information collection described above. Copies of the proposed collection of information can be obtained and comments may be forwarded by writing to the Administration for Children and Families, Office of Administration, Office of Information Services, 370 L'Enfant Promenade, SW., Washington, DC 20447, Attn: ACF Reports Clearance Officer. E-mail address: 
                    *infocollection@acf.hhs.gov.*
                     All requests should be identified by the title of the information collection. The Department specifically request comments on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information; (c) the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Consideration will be given to comments and suggestions submitted within 60 days of this publication. Dated: October 30, 2007. Robert Sargis, Reports Clearance Officer.


[FR Doc. 07-5495 Filed 11-5-07; 8:45 am] BILLING CODE 4184-01-M
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2277 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  1st Session
                                S. 2277

 To amend the Energy Policy Act of 2005 to make innovative technology 
      loan guarantees available for battery storage technologies.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 25, 2019

Ms. Hassan (for herself and Ms. Collins) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL

 
 To amend the Energy Policy Act of 2005 to make innovative technology 
      loan guarantees available for battery storage technologies.

    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 ``Battery Storage Innovation Act of 
2019''.

SEC. 2. LOAN GUARANTEES FOR BATTERY STORAGE TECHNOLOGIES.

    Section 1703(b) of the Energy Policy Act of 2005 (42 U.S.C. 
16513(b)) is amended by adding at the end the following:
            ``(11) Battery storage technologies for residential, 
        industrial, or transportation applications.''.
                                 <all>
```
**Exhibit 23.2**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We hereby consent to the incorporation by reference in the Registration Statements on Form S-8 (Nos. 333-116930,333-107525, 333-90045, 333-77943, 333-33038, 333-39396, 333-67692, 333-70334, and 333-135076) of Autobytel Inc. of our report dated March 16, 2006 relating to the consolidated financial statements and financial statement schedule, which appearsin this Form 10-K. 

 

/s/    PRICEWATERHOUSECOOPERS LLP 

PricewaterhouseCoopers LLP 

 

Irvine, CA 

March 15, 2007
Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

ROBERT EARL ROYSTER,

Plaintiff,

vs. Case No. 3:10cv194/MCR/EMT

ESCAMBIA COUNTY SHERIFF’S OFFICE,

et al.,

Defendants.

_____________________________/

O R D E R

This cause is before the court on Plaintiff’s civil rights complaint filed pursuant to 42 U.S.C.

§ 1983 (Doc. 1). Upon review of the complaint, it is unclear whether Plaintiff intended to file the

complaint as an original complaint in a new civil rights action, or as an amended complaint in

Royster v. Morgan, Case No. 3:10cv29/MCR/MD. Therefore, Plaintiff will be required to clarify

his intent.

If Plaintiff intended the complaint as an amended complaint in Case No.

3:10cv29/MCR/MD, he shall file a notice with the court stating such. If Plaintiff intended to

commence a new civil rights action, he must either pay the $350.00 filing fee or obtain leave to

proceed in forma pauperis by filing a fully and properly completed motion and attachments.

Accordingly, it is ORDERED:

1. The clerk shall send Plaintiff a form motion to proceed in forma pauperis and

affidavit of financial status for use by non-prisoners in the Northern District. This case number shall

be written on the form.

2. If Plaintiff filed the instant complaint with the intent to commence a new civil rights

action, he shall pay the filing fee of $350.00, or submit a fully completed motion to proceed in forma

pauperis with the requisite financial affidavit within FOURTEEN (14) DAYS from the date of

docketing of this order. ALTERNATIVELY, if Plaintiff filed the instant complaint with the intent
Page 2 of 2

to file an amended complaint in Case No. 3:10cv29/MCR/MD, he shall file a notice with the court

stating such within FOURTEEN (14) DAYS from the date of docketing of this order.

3. Plaintiff’s failure to comply with this order as instructed may result in a

recommendation that this case be dismissed for failure to comply with an order of the court.

DONE AND ORDERED this 11th day of June 2010.

/s/ Elizabeth M. Timothy 

ELIZABETH M. TIMOTHY

UNITED STATES MAGISTRATE JUDGE

Case No. 3:10cv194/MCR/EMT
IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

JENSEN USA, INC.,

a North Carolina Corporation

Plaintiff,

vs. CASE NO. 5:10cv256/RS-GRJ

BRIM LAUNDRY MACHINERY CO., INC.,

Defendant.

_________________________________/

Before me is the Proposed Scheduling Order-Discovery Plan (Doc. 16). 

It is ordered that the parties shall file an amended joint report not later than 

January 28, 2011 with dates consistent with the following dates: 

Description Date

Comply with P.R. 3.1 and P.R. 3.2 -

Disclosure of Asserted Claims and 

Infringement Contentions due. 

February 7, 2011

Comply with P.R. 3.3 and 3.4 - Invalidity 

Contentions due. 

March 9, 2011

Comply with P.R. 4.1 - Exchange 

Proposed Terms and Claim Elements for 

Construction. 

March 21, 2011
Comply with P.R. 4.2 - Exchange of 

Preliminary Claim Constructions and 

Extrinsic Evidence. 

April 11, 2011

Comply with P.R. 4.3 - Filing of Joint 

Claim Construction and Prehearing 

Statement. 

May 2, 2011

Discovery Deadline - Claim 

Construction Issues. 

June 1, 2011

Comply with P.R. 4.5(A) - The party 

claiming patent infringement shall serve 

and file an opening brief and any evidence 

supporting its claim construction. 

June 16, 2011

Comply with P.R. 4.5(B) - The opposing 

party shall serve and file a responsive brief 

and supporting evidence. 

Jul 1, 2011

Comply with P.R. 4.5(C) – The party 

claiming patent infringement shall serve 

and file a reply brief and supporting 

evidence directly rebutting the supporting 

evidence contained in the opposing party’s 

response. 

July 8, 2011

Comply with P.R. 4.5(D) – The opposing 

party shall serve and file a surreply brief 

and supporting evidence. 

July 15, 2011

Comply with P.R. 4.5(E) – The parties 

shall jointly submit a claim construction 

chart in an editable format in accordance 

with P.R. 4.5(E). 

July 22, 2011

Claim Construction Hearing

August 15, 2011
Discovery Deadline 

December 12, 2011

Jury Trial

March 12, 2012

ORDERED on January 18, 2011

/S/ Richard Smoak 

RICHARD SMOAK

UNITED STATES DISTRICT JUDGE
EXHIBIT 32.1






CERTIFICATION PURSUANT TO


18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002






In connection with the Quarterly Report of AMP Holding Inc. (the "Company") on Form 10-Q for the quarterly period ended September 30, 2010 as filed with the Securities and Exchange Commission on the date hereof, I, Stephen S. Burns, Chief Executive and 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 Quarterly Report on Form 10-Q for the quarter ended September 30, 2010, 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 Quarterly Report on Form 10-Q for the Quarter ended September 30, 2010, fairly presents, in all material respects, the financial condition and results of operations of the Company.




Date:  November 15, 2010
/s/ Stephen S. BurnsStephen S. Burns,Chief Executive and Financial Officer

(Principal Executive, Financial and Accounting Officer)