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this opinion should not be published and is not precedent except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.

United States Court of Appeals

Fifth Circuit

FILED

August 17, 2005

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 04-40691

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

PEDRO RAMOS-LUCIO,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 5:04-CR-103-ALL

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

Before BENAVIDES, CLEMENT, and PRADO, Circuit Judges.

PER CURIAM:*

Pedro Ramos-Lucio appeals his sentence imposed following his

guilty plea to illegal reentry. He was sentenced to 18 months of

imprisonment and one year of supervised release. He argues that,

in light of United States v. Booker, 125 S. Ct. 738 (2005), his

sentence is invalid because the district court applied the

Sentencing Guidelines as if they were mandatory. We review for

plain error. United States v. Mares, 402 F.3d 511, 513, 520-22

(5th Cir. 2005), petition for cert. filed (Mar. 31, 2005) (No.
No. 04-40691

-2-

04-9517); United States v. Valenzuela-Quevedo, 407 F.3d 728, 732

(5th Cir. 2005), petition for cert. filed (July 25, 2005) (No.

05-5556). 

Ramos-Lucio is unable to establish plain error with regard

to his Booker claim because he cannot establish that being

sentenced under a mandatory Guidelines scheme affected his

substantial rights. The record does not indicate that the

district court “would have reached a significantly different

result” under a sentencing scheme in which the Guidelines were

advisory only. See Mares, 402 F.3d at 520-22;

Valenzuela-Quevedo, 407 F.3d at 733-34. 

Ramos-Lucio also asserts that the “felony” and “aggravated

felony” provisions of 8 U.S.C. § 1326(a) and (b) are

unconstitutional. He acknowledges that his argument is

foreclosed, but he seeks to preserve the issue for possible

Supreme Court review in light of Apprendi v. New Jersey, 530 U.S.

466 (2000). This issue is foreclosed. See Almendarez-Torres v.

United States, 523 U.S. 224, 247 (1998); United States v. Dabeit,

231 F.3d 979, 984 (5th Cir. 2000). 

Accordingly, the judgment of the district court is AFFIRMED.
THE SOURCE 12

Twelve Principles of Governance That Power Exceptional Boards

CONSTRUCTIVE PARTNERSHIP 1

Exceptional boards govern in constructive partnership with the chief executive, recognizing that the

effectiveness of the board and chief executive are interdependent.

MISSION DRIVEN 2

Exceptional boards shape and uphold the mission, articulate a compelling vision, and ensure the

congruence between decisions and core values.

STRATEGIC THINKING 3

Exceptional boards allocate time to what matters most and continuously engage in strategic thinking to

hone the organization’s direction.

CULTURE OF INQUIRY 4

Exceptional boards institutionalize a culture of inquiry, mutual respect, and constructive debate that

leads to sound and shared decision making.

INDEPENDENT‐MINDEDNESS 5

Exceptional boards are independent minded.  When making decisions, board members put the interests

of the organization above all else.

ETHOS OF TRANSPARENCY 6

Exceptional boards promote an ethos of transparency by ensuring that donors, stakeholders, and

interested members of the public have access to appropriate and accurate information regarding

finances, operations, and results.

COMPLIANCE WITH INTEGRITY 7

Exceptional boards promote strong ethical values and disciplined compliance by establishing

appropriate mechanisms for active oversight.

SUSTAINING RESOURCES 8

Exceptional boards link bold visions and ambitious plans to financial support, expertise, and networks of

influence.

RESULTS‐ORIENTED 9

Exceptional boards are results‐oriented.  They measure the organization’s advancement towards

mission and evaluate the performance of major programs and services.

INTENTIONAL BOARD PRACTICES 10

Exceptional boards intentionally structure themselves to fulfill essential governance duties and to

support organizational priorities.

CONTINUOUS LEARNING 11

Exceptional boards embrace the qualities of a continuous learning organization, evaluating their own

performances and assessing the value they add to the organization.

REVITALIZATION 12

Exceptional boards energize themselves through planned turnover, thoughtful recruitment, and

inclusiveness.

BoardSource 2005
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000743456
<NAME> 83A
<MULTIPLIER> 1
       
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<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1998
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<SECURITIES>                                         0
<RECEIVABLES>                                  141,051
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               262,618
<PP&E>                                      16,879,393
<DEPRECIATION>                              14,639,557
<TOTAL-ASSETS>                               2,502,454
<CURRENT-LIABILITIES>                           52,045
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   2,450,409
<TOTAL-LIABILITY-AND-EQUITY>                 2,502,454
<SALES>                                        711,177
<TOTAL-REVENUES>                               730,065
<CGS>                                                0
<TOTAL-COSTS>                                  766,086
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                               (36,021)
<INCOME-TAX>                                         0
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<CHANGES>                                            0
<NET-INCOME>                                  (36,021)
<EPS-PRIMARY>                                   (2.94)
<EPS-DILUTED>                                        0
        

</TABLE>
APPROVED RESOLUTION FROM THE MARCH 14, 2008, BOARD OF 

REGENTS’ EXECUTIVE SESSION

On March 14, 2008, the members of the Smithsonian Institution Board of Regents convened in 

Executive Session to consider the appointment of the twelfth Secretary of the Smithsonian. Vice 

President Richard B. Cheney was the only Regent unable to participate. Ad hoc Search 

Committee Chair Alan G. Spoon provided a summary of the Committee’s efforts to date and the 

two final candidates were interviewed. Chancellor John G. Roberts, Jr., presided over the 

unanimous election of G. Wayne Clough as the twelfth Secretary of the Smithsonian Institution. 

The Board also approved the following motion: 

VOTED that the Board of Regents expresses its appreciation and sincere gratitude for the 

outstanding work and dedication of the ad hoc Search Committee for the twelfth 

Secretary of the Smithsonian Institution and the Committee’s expert consultants, 

Isaacson, Miller. [2008.03.01]
[File No. 6785.]

#### PETER McARTHUR, Respondent, v. CASS COUNTY, NORTH DAKOTA, a Public Corporation, Appellant.

(4 NW(2d) 224.)

Opinion filed May 26, 1942.

*Ralph F. Groad,*State’s Attorney, and *Roy K. Redetake,*Assistant State’s Attorney, for appellant.

*Nilles, Oehlert <& Nidles,*for respondent.

Per Curiam.

This case involves precisely the same questions as those which were presented and determined in Re Peschel, ante, 14, 4 NW 2d 194, and on the authority of the decision in that case the judgment appealed from in this case is affirmed.

Christianson, Morris, Burke, and Nuessle, JJ., concur.

Burr, Ch. J.

(dissenting). I dissent on grounds stated in Peschel Case.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          AUG-31-1998
<PERIOD-END>                               MAY-31-1998
<CASH>                                          54,027
<SECURITIES>                                         0
<RECEIVABLES>                                   76,087
<ALLOWANCES>                                     1,638
<INVENTORY>                                     66,903
<CURRENT-ASSETS>                                 7,143
<PP&E>                                         106,174
<DEPRECIATION>                                  51,799
<TOTAL-ASSETS>                                 331,280
<CURRENT-LIABILITIES>                           93,334
<BONDS>                                        108,738
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        49,420
<OTHER-SE>                                      31,264
<TOTAL-LIABILITY-AND-EQUITY>                   331,280
<SALES>                                        231,132
<TOTAL-REVENUES>                               231,132
<CGS>                                          182,272
<TOTAL-COSTS>                                   44,659
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               6,992
<INCOME-PRETAX>                                (2,468)
<INCOME-TAX>                                     (863)
<INCOME-CONTINUING>                            (1,605)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,605)
<EPS-PRIMARY>                                   (0.04)
<EPS-DILUTED>                                   (0.04)
        

</TABLE>
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

May 30, 2007 Clifford W. Taylor, Chief Justice

Michael F. Cavanagh Elizabeth A. Weaver 133162 Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee,

v SC: 133162 COA: 271572 St. Joseph CC: 01-010609-FC SHAUN MATTHEW ROBERTS, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the January 31, 2007 order of the Court of Appeals is considered, and it is DENIED, because the defendant has failed to meet the burden of establishi ng entitlement to relief under MCR 6.508(D).

d0521 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

May 30, 2007

Clerk
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pane l unani m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l ar g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T SA RO J A N I D EV I G O V I N D ER, P et i t i on er , v. E R I C H . H O L D E R , J r ., A tto rn e yG e n e r a l, R e s p o n d e n t. N o. 08- 72668 A ge nc yN o. A 070- 450- 532 ME MOR AN DU M *

O n P e t i t i on f

orR e vi e w of

an O r de rof

the B o ar do f I m m ig r a tio n A p p e a ls S ubm i tt e d A ugus t1, 2011 ** B efo re: L E A V Y , T H O M A S , an dM U R G U IA , C i rcu i tJu d g es. S ar oj ani D e vi G ovi nde r , ana t i ve and c i t i z e n of F i j i , pe t i t i ons f

orr e vi e w of the B oard of Im m i grat i on A pp ea l s’ (“ B IA ”) order denyi ng her m ot i on t o reopen r e m ova l pr oc e e di ngs . W e ha ve j ur i s di c t i on unde r8 U . S . C . § 1252. W e r e vi e w f or 

# FI LED AU G 2 2011 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS08- 72668 2 an ab u s e o f

d is c r e tio n th e B I A ’s d e n ia l o f am o tio n to r e o p e n . T

ou f i gh iv. Mukasey , 5 3 8 F .3 d9 8 8 , 9 9 2 ( 9 th C ir . 2 0 0 8 ) . W e d e n yth e p e titio n f o rr e v ie w . T he B IA di d n otabuse i t s di sc re t i on i n d enyi ng G ov i nd er ’ s m ot i on t o reopen b e c au s e it c o n s id e r e dth e r e c o r dan da c te dw ith in its b r o a dd is c r e tio n in d e te rm in in g th a t th e e v id e n c e w a s in s u f f ic ie n t to e s tab lis h p r im af a c ie e lig ib ility f o ra s y lu m , w ith h o ld in g o f r e m o v a l, o rC A T r e lie f . See W akkaryv. H

older , 558 F .3 d1 0 4 9 , 1 0 6 0 , 1 0 6 8 ( 9 th C ir . 2 0 0 9 ) ; Mendez- G ut i errez v . G on zales , 444 F . 3d 1 1 6 8 , 1 1 7 1 - 7 2 ( 9 th C ir . 2 0 0 6 ) . G ov i nd er ’ s c on t ent i on s thatthe B IA fa i l ed t o app l y the prop erl egalst andard o ra d d r e s s h e rc la im f

o rw ith h o ld in g o f

r e m o v a l ar e b e lie db yth e r e c o r d . T he B I A a l s o di d notabus e i t s di s c r e t i on i n f i ndi ng tha tG ovi nde ri s not p ri m a faci e el i g i b l e fo r rel i ef u n d er th e C o n v en t i o n A g ai n stT o rtu re b ecau se G o v in d e rf

a ile dto e s tab lis h it is m o r e lik e lyth an n o t s h e w ill b e to rtu r e dif r e tu rn e dto F iji. See W

a kka ry , 5 5 8 F .3 da t 1 0 6 8 . P E T I T I ON F OR RE V I E W DE NI E D.
EXHIBIT 31.2                        CERTIFICATION

I,  Eric Fletcher,  certify  that:

1.   I have reviewed this annual report on Form 10-KSB of HUBEI PHARMACEUTICAL
     GROUP, LTD.;

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

3.   Based on my knowledge, the financial statement, and other financial
     information included in this annual report, fairly present in all material
     respects the financial condition, results of operations and cash flows of
     the registrant as of, and for, the periods presented in this annual report;

4.   The registrant's other certifying officers and I are responsible for
     establishing and maintaining disclosure controls and procedures (as defined
     in Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:

     (a)  designed such disclosure controls and procedures to ensure that
          material information relating to the registrant, including its
          consolidated subsidiaries, is made known to us by others within those
          entities, particularly during the period in which the annual report is
          being prepared;

     (b)  evaluated the effectiveness of the registrant's disclosure controls
          and procedures as of a date within 90 days prior to the filing date of
          this annual report (the "Evaluation Date"); and

     (c)  presented in this annual report our conclusions about the
          effectiveness of the disclosure controls and procedures based on our
          evaluation of the Evaluation Date;

5.   The registrant's other certifying officers and I have disclosed, based on
     our most recent evaluation, to the registrant's auditors and the audit
     committee of registrant's board of directors (or persons performing the
     equivalent function):

     (a)  all significant deficiencies in the design or operation of internal
          controls which could adversely affect the registrant's ability to
          record, process, summarize and report financial data and have
          identified for the registrant's auditors any material weakness in
          internal controls; and

     (b)  any fraud, whether or not material, that involves management or other
          employees who have a significant role in the registrant's internal
          controls; and


The registrant's other certifying officers and I have indicated in this annual
report whether there were significant changes in internal controls or in other
factors that could significantly affect internal controls subsequent to the date
of our most recent evaluation, including any corrective actions with regard to
significant deficiencies and material weaknesses.


/s/ E. H. (Eric) Fletcher                         Date: May 15, 2004
----------------------------
E.H. (Eric) Fletcher
Secretary / Director


<PAGE>
<PAGE>
                                                                   Exhibit 23.01


                         INDEPENDENT AUDITORS' CONSENT

The Board of Directors
Travelers Insurance Group Holdings Inc.:


We consent to incorporation by reference in the following registration
statements:

- Form S-3    Nos. 333-2682 and 333-2684

of Travelers Insurance Group Holdings Inc. of our reports dated January 17,
2002, except as to Note 1, which is as of March 26, 2002, relating to the
consolidated balance sheets of Travelers Insurance Group Holdings Inc. and
subsidiaries as of December 31, 2001 and 2000, and the related consolidated
statements of income, changes in stockholder's equity and cash flows for each
of the years in the three-year period ended December 31, 2001, and all related
schedules, which reports appear in the December 31, 2001 annual report on Form
10-K of Travelers Insurance Group Holdings Inc. Our reports refer to a change
in accounting for derivative instruments and hedging activities and for
securitized financial assets in 2001, and a change in accounting for insurance
and reinsurance contracts that do not transfer risk and for insurance-related
assessments in 1999.


/s/ KMPG LLP
Hartford, Connecticut
March 29, 2002
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 Energy

###### Federal Energy Regulatory Commission

The following notice of meeting is published pursuant to Section 3(a) of the Government in the Sunshine Act (Pub. L. 94-409), 5 U.S.C. 552b:

*Agency Holding Meeting:*                     Federal Energy Regulatory Commission.                

*Date and Time:*                     May 20, 2010, 1 p.m.                

*Place:*                     Room 2C, Commission Meeting Room, 888 First Street, NE., Washington, DC 20426.                

*Status:*                     Closed.                

*Matters to be Considered:*                     Non-Public Investigations and Inquiries, Enforcement Related Matters.                

*Contact Person for More Information:*                     Kimberly D. Bose, Secretary, Telephone (202) 502-8400.                

Chairman Wellinghoff and Commissioners Spitzer, Moeller, and Norris voted to hold a closed meeting on May 20, 2010. The certification of the General Counsel explaining the action closing the meeting is available for public inspection in the Commission's Public Reference Room at 888 First Street, NE., Washington, DC 20426.

                    The Chairman and the Commissioners, their assistants, the Commission's Secretary, the General Counsel and members of her staff, and a stenographer are expected to attend the meeting. Other staff members from the Commission's program offices who                           ( print page 28005)                        will advise the Commissioners in the matters discussed will also be present.                

Kimberly D. Bose,

Secretary.

[FR Doc. 2010-11913 Filed 5-18-10; 8:45 am]

BILLING CODE 6717-01-P
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 46 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                 H. R. 46

  To repeal the Dodd-Frank Wall Street Reform and Consumer Protection 
                                  Act.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2013

Mrs. Bachmann introduced the following bill; which was referred to the 
 Committee on Financial Services, and in addition to the Committees on 
Agriculture, Energy and Commerce, the Judiciary, the Budget, Oversight 
and Government Reform, Ways and Means, and Small Business, for a period 
    to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL

 
  To repeal the Dodd-Frank Wall Street Reform and Consumer Protection 
                                  Act.

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

SECTION 1. REPEAL.

    The Dodd-Frank Wall Street Reform and Consumer Protection Act 
(Public Law 111-203) is repealed and the provisions of law amended by 
such Act are revived or restored as if such Act had not been enacted.
                                 <all>
```