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this opinion should not be published and is not precedent except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. 04-41728

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOSE NARVAEZ,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 1:04-CR-597-ALL

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

Before BENAVIDES, CLEMENT, and PRADO, Circuit Judges.

PER CURIAM:*

Jose Narvaez appeals his sentence under 8 U.S.C. § 1326(a)

and (b) for illegal reentry into the United States after having

been deported after conviction for an aggravated felony. Narvaez

asserts for the first time on appeal that the “felony” and

“aggravated felony” provisions of 8 U.S.C. § 1326(b) are

unconstitutional. The Supreme Court’s decision in

Almendarez-Torres v. United States, 523 U.S. 224, 235 (1998),

controls this issue. We must follow Almendarez-Torres “unless
No. 04-41728

-2-

and until the Supreme Court itself determines to overrule it.” 

United States v. Dabeit, 231 F.3d 979, 984 (5th Cir. 2000)

(internal quotation and citation omitted). Thus, this issue is

foreclosed. 

The district court’s judgment is AFFIRMED.
Exhibit 10.27 ASSIGNMENT AGREEMENT  ASSIGNMENT AGREEMENT dated as of August __, 2008 the Effective Date) by and between NovaKor (the "Assignor") and Sunovia Energy Technologies, Inc. ("Assignee").   WHEREAS, the Assignor has entered into that certain Research and Development Agreement dated February 10, 2008 (the Research Agreement) with Dongguk University (Dongguk);  WHEREAS, the Assignor is required to make certain payments to Dongguk in accordance with Exhibit 2.1 of the Research Agreement (the Payments);  WHEREAS, the Assignee has made all such Payments to date to Dongguk on behalf of the Assignor;  WHEREAS, as the Assignee has made all such Payments to date, the Assignor and the Assignee now wish to memorialize in writing the assignment by the Assignor of its rights, title and interest in the Research Agreement;   WHEREAS, Assignee wishes to accept Assignor's assignment of the Research Agreement;  NOW, THEREFORE, in consideration of the foregoing and the mutual agreements contained herein, the parties hereto agree as follows:   Section 1. Assignment. Assignor hereby assigns all of his rights, title and interest in the Research Agreement to the Assignee and the Assignee hereby accepts such assignment. Upon the execution and delivery of this Assignment Agreement by the Assignor and the Assignee, the Assignee shall, as of the date hereof, acquire the Research Agreement and succeed to the rights, title and interest of Assignor thereunder, which shall include, but in no way be limited to, the assignment of all patents set forth under Article IV of the Research Agreement, as well as the obligation to continue making the Payments.  Section 2. Governing Law. Except to the extent preempted by federal law, this Assignment Agreement shall be governed by and construed in accordance with the laws of the State of Florida.  The parties hereto consent to the exclusive jurisdiction of the state courts situated in Sarasota County, Florida and of the United States District Court for the Middle District of Florida.  The parties acknowledge that venue is proper in such courts.   Section 3. Successors. This Assignment Agreement shall be binding upon Assignor's personal and legal representatives, executors, administrators, successors, heirs, distributees, devisees, legatees and assigns.    Section 4. Counterparts. This Assignment Agreement may be signed in counterpart, each of which shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument.   IN WITNESS WHEREOF, the Assignor and the Assignee have executed this Assignment Agreement.  ASSIGNOR: ASSIGNEE:  SUNOVIA ENERGY TECHNOLOGIES, INC. NOVAKOR, INC.  By:___________________________ By:__________________________ Name: Name: Title: Title:   ACKNOWLEDGED:  DONGGUK UNIVERSITY   By:___________________________ Name: Title:
#### WILLIAM B. GUERNSEY, Respondent, *v.*DELOSS M. POWERS and HENRY MEAD, Appellants.

*Secew&i' of real estate*— *in what cases appointed.*

In an action to recover the possession of real estate from one in possession thereof under a contract of sale, the court will not appoint a receiver thereof *pendente lite.*

Appeal from an order made at Special Term appointing a receiver. In January, 1876, the plaintiff brought this action to recover the possession of real property, consisting of a dwelling-house and lot' in Norwich, New York. The defendant Deloss M. Powers is in possession under a contract of purchase from the plaintiff. The defendant Mead is a tenant to whom Powers let a portion of the premises. Upon motion by the plaintiff a receiver was appointed to receive the property described in the .complaint, on the ground that it was necessary for the preservation thereof, the affidavits of the plaintiff alleging that the defendants were allowing the taxes to accumulate, as well as the interest upon mortgages upon the land, and that both of the defendants were insolvent.

The defendants appeal from such order.

*D. M.*Powers, for the appellants.

*R. A.*Stanton, for the respondent. While formerly the court had no power to appoint a receiver in an action of ejectment, it being an action at law, the Code has changed that rule and there is no doubt whatever about the jurisdiction and power of the court to grant such relief in an action of ejectment. *(.Ireland*v. *Nichols,*37 How. Pr., 230; 4 Wait’s Sup. Ct. Pr., 220; *The People*v. *The Mayor, eta.,*10 Abb. Pr., Ill; *Rogers*v. *Marshall,*6 Abb. [N. S.], 457; Code, § 244.)

*Per Curiam:*

Section 455 of the Code declaring that the general provisions of the Revised Statutes relating to actions concerning- real property should apply to actions brought under the Code, would seem to indicate that no material change in the rights of parties to such actions was contemplated by the new practice.

*79By those provisions waste might be stayed by order pending the action (2 R. S. [6th ed.], m. p., 336, § 13), and *after judgment*the rents and profits might be recovered. (2 R. S., 310, § 36.) The plaintiff in this actiop does not claim that a receiver could have been appointed under the old practice pending the action.

The very general language of section 244 of the Code should be construed with reference to familiar and well settled doctrines of law which existed before the enactment.

We think the views stated in *Thompson*v. *Sherrard*(35 Barb., 593) are sound and should be followed. The case of *Ireland*v. *Nichols*(37 How., 222) was peculiar. Even if that case was, under the circumstances, correctly decided, it should not be followed in cases like the present. There are many evils which would arise from the practice of taking the defendant’s real estate away from him pending the action.

The order should be reversed, with ten dollars costs and disbursements.

Present — Learned, P. J., Bocees and Boardman, JJ.

Order reversed with ten dollars costs and printing, and motion denied with ten dollars costs.
<PAGE>

                                                                    EXHIBIT 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350
                         AND EXCHANGE ACT RULE 13a-14(b)

         In connection with the quarterly report of NS Group, Inc. (the
"Company") on Form 10-Q for the period ending March 31, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Rene J.
Robichaud, Chief Executive Officer of the Company, certify 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.

Date: May 6, 2004                          /s/ Rene J. Robichaud
                                           ---------------------
                                           Rene J. Robichaud
                                           Chief Executive Officer
                                           NS Group, Inc.

         A signed original of this written statement or other document
authenticating, acknowledging, or otherwise adopting the signature that appears
in typed form within the electronic version of this written statement has been
provided to NS Group, Inc. and will be retained by NS Group, Inc. and furnished
to the Securities and Exchange Commission or its staff upon request.
Exhibit
      10.6


**HKJ
      GOLD, INC.**


**AU
      ZONE INVESTMENTS #2, LP**


**4000
      EAST UNION PACIFIC AVENUE**


**COMMERCE,
      CA 90023**





7232004





99
¢
      Only
      Stores


4000
      East
      Union Pacific Avenue


Commerce,
      CA 90023


ATTN:
      Nick Zigic, Property Manager





RE:
            Extension
                of deadline to exercise options to extend 99 ¢ Only Stores
                Leases


6
                (Hawthorne, CA). 41 (Wilshire Blvd, Los Angeles, CA), 42 (Woodman
                Ave.
                Arleta, CA) & 44 (Walnut Park,
                CA)





Dear
      Nick:





Pursuant
      to my discussion with the 99 ¢ Only Stores' Board of Directors this past Monday,
      the above listed 4 stores are leased by 99 ¢ Only Stores from either HKJ Gold,
      Inc. or Au Zone Investments #2, LP, both of which entities are controlled by
      my
      family and each of the leases for these 4 store properties has a currently
      scheduled term expiration date of 1/31/05, but have one or more opinions to
      extend the term.





Normally,
      I would make decisions on behalf of 99 ¢ Only Stores as to such matters (whether
      or not and on what terms to extend lease terms). However, because of the
      potential conflict(s) of interest, it was decided that I not do so in this
      case
      and to instead seek further direction from the independent members of the Board
      of Directors. Because of the limited time period (option deadlines under the
      leases are less than about 2 weeks from now). It was mutually agreed that the
      landlords under the above referenced leases would extend the time periods for
      exercise of the tenant's option to extend the term of the leases until close
      of
      business on December 31, 2004.





As
      indicated above, the deadline for exercise of the options to extend the leases
      for the above referenced properties is hereby extended to December 31,
      2004.





Thank
      you
      for your understanding








**HKJ
                GOLD, INC.**
            **AU
                ZONE INVESTMENTS #2, LP**/s/
                Jeff Gold
            /s/
                Jeff GoldJeff
                Gold, President
            Jeff
                Gold, Authorized RepresentativeCc:
                Marvin Holen, Eric Schiffer, David Gold
* 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. 07-50928

Conference Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

JAVIER MEDALLIN-HERRERA, also known as Carmello Medallin

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 3:07-CR-296-ALL

Before REAVLEY, BENAVIDES, and ELROD, Circuit Judges.

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Javier Medallin-Herrera

raises arguments that are foreclosed by Almendarez-Torres v. United States,

523 U.S. 224, 235 (1998), which held that 8 U.S.C. § 1326(b)(2) is a penalty

provision and not a separate criminal offense. United States v. PinedaArrellano, 492 F.3d 624, 625 (5th Cir. 2007), cert. denied, 2008 WL 59441 (Jan.

United States Court of Appeals

Fifth Circuit

F I L E D

January 30, 2008

Charles R. Fulbruge III

Clerk
No. 07-50928

2

7, 2008) (No. 07-6202). The Government’s motion for summary affirmance is

GRANTED, and the judgment of the district court is AFFIRMED.
1

The Honorable Gary A. Fenner, United States District Judge for the Western

District of Missouri.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 05-2360

___________

United States of America, *

*

Appellee, *

* Appeal from the United States

v. * District Court for the

* Western District of Missouri.

Khounxai Phimvongsa, *

* [UNPUBLISHED]

Appellant. *

___________

Submitted: February 3, 2006

Filed: February 8, 2006 

___________

Before ARNOLD, BYE, and SMITH, Circuit Judges.

___________

PER CURIAM.

Khounxai Phimvongsa pleaded guilty to being a felon and an unlawful user of

controlled substances in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1)

and (g)(3), and possessing marijuana with intent to distribute, in violation of 21 U.S.C.

§ 841(a)(1). The district court1

 sentenced him to 46 months in prison and 3 years of

supervised release. On appeal, Phimvongsa’s counsel has moved to withdraw and

filed a brief under Anders v. California, 386 U.S. 738 (1967).
-2-

Phimvongsa’s plea agreement contains a valid appeal waiver. See United States

v. Andis, 333 F.3d 886, 889-90 (8th Cir.) (en banc), cert. denied, 540 U.S. 997 (2003).

Having reviewed the record independently pursuant to Penson v. Ohio, 488 U.S. 75

(1988), for any nonfrivolous issues not covered by the appeal waiver, we enforce the

waiver, dismiss this appeal, and grant counsel’s motion to withdraw.

______________________________
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM 1998 ANNUAL
REPORT AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                           3,378
<SECURITIES>                                       500
<RECEIVABLES>                                    4,446
<ALLOWANCES>                                       726
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 9,365
<PP&E>                                           7,598
<DEPRECIATION>                                   3,750
<TOTAL-ASSETS>                                  13,723
<CURRENT-LIABILITIES>                            7,560
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           164
<OTHER-SE>                                       4,646
<TOTAL-LIABILITY-AND-EQUITY>                    13,723
<SALES>                                          9,444
<TOTAL-REVENUES>                                31,532
<CGS>                                            1,631
<TOTAL-COSTS>                                   18,318
<OTHER-EXPENSES>                                40,362
<LOSS-PROVISION>                                   726
<INTEREST-EXPENSE>                                 485
<INCOME-PRETAX>                               (26,652)
<INCOME-TAX>                                        25
<INCOME-CONTINUING>                           (26,673)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (26,673)
<EPS-PRIMARY>                                   (1.65)
<EPS-DILUTED>                                   (1.65)
        

</TABLE>
##### 



AMENDMENT NO. 1 TO THE
CREDIT AGREEMENT
 AMENDMENT NO. 1, Amendment Borrower Lenders Administrative Agent
 PRELIMINARY STATEMENTS:
 Parent Credit Agreement
  Amendments To Credit Agreement
  Applicable Margin
 Fixed Charge Coverage Ratio minus plus Section 2.06(b) provided however
 80




---



##### 



Total Leverage Ratio provided however
  Section 2.05 Section 2.06
    81




---



##### 



Measurement Period Ending
    
    RatioSeptember 30, 2007
    
    
    4.00 to 1.00March 31, 2008 through June 30, 2008
    
    
    5.10 to 1.00September 30, 2008
    
    
    4.75 to 1.00December 31, 2008
    
    
    4.00 to 1.00March 31, 2009
    
    
    3.75 to 1.00June 30, 2009
    
    
    3.50 to 1.00September 30, 2009 through December 31, 2009
    
    
    3.25 to 1.00March 31, 2010 and each Measurement Period thereafter
    
    
    3.00 to 1.00
  Measurement Period Ending
    
    RatioSeptember 30, 2007
    
    
    0.95 to 1.00March 31, 2008
    
    
    1.90 to 1.00June 30, 2008
    
    
    1.75 to 1.00September 30, 2008
    
    
    1.40 to 1.00December 31, 2008
    
    
    1.20 to 1.00March 31, 2009 through December 31, 2009
    
    
    1.10 to 1.00March 31, 2010 and each Measurement Period thereafter
    
    
    1.40 to 1.00
 Section 9.11 Section 9.12
  Release or Subordination of Collateral/Release of Guarantor Sections 5.02(a)(iv) 5.02(a)(v)
 82




---



##### 



Sections
5.02(a)(iv) 5.02(a)(v)
 Conditions of Effectiveness Effective Date provided however
 Representations and Warranties of the Borrower
   83




---



##### 



Reference to and Effect on the Credit Agreement and the Loan Documents
    Costs and Expenses
 Execution in Counterparts
 Governing Law
 [SIGNATURE PAGE FOLLOWS]
 84




---



##### 



TLC VISION (USA) CORPORATIONBy:
    /s/ Brian L. AndrewName:
    Brian L. AndrewTitle:
    SecretaryCIT HEALTHCARE LLC,
as Administrative Agent and LenderBy:

/s/ John CappellariName:
    John CappellariTitle:
    Vice President 85




---



##### 



[Name of Institution to be completed by
relevant Lender], as LenderBy:Name:Title:
 86




---



##### 



CONSENT
  Amendment
 GUARANTORS:
TLC VISION CORPORATIONBy:

/s/ Brian L. AndrewName:
    Brian L. AndrewTitle:
    Secretary 87




---



##### 



DelVal ASC, LLC, its Sole Member      TLC The Laser Center (Institute) Inc., its Member          (Northeast) Inc., its General Partner    TLC The Laser Center (Northeast) Inc., its Sole Member       TLC The Laser Center (Northeast) Inc., its Member       Laser Vision Centers, Inc., its Sole Member
 By:
    
    /s/ Brian L. Andrew

Name: Brian L. AndrewTitle: Secretary
 88




---



##### 



TLC THE LASER CENTER (MONCTON) INC.TLC THE LONDON LASER CENTER INC.RHEO CLINIC INC.VISION CORPORATIONBy:
    
    /s/ Brian L. Andrew

Name: Brian L. AndrewTitle: Secretary
 89
**EXHIBIT 8.1****Subsidiaries**         **Jurisdiction of****Legal Name** **Business Name** **Incorporation**Quilmes International (Bermuda) Ltd.   BermudaCervecería y Maltería Quilmes S.A.I.C.A. y G.   ArgentinaEco de los Andes S.A.   ArgentinaCervecería Paraguaya S.A. CERVEPAR ParaguayColosas S.A.   ParaguayNoitca Ltd.   British Virgin Islands     Sociedad de Inversiones y Comercio VienherS.A.   PanamaFNC S.A.   UruguayCompañía Salus S.A. Salus Uruguay     Quilmes Do Brasil Ltda.   BrazilPublicidad Relator S.A.C. de Mandatos yServicios   Argentina     Seven Up Consesiones S.A.I. y C.   ArgentinaEmbotelladora Perla de Norte S.A.I.C.I.A. y F.   ArgentinaIntergal S.A.   UruguayAydecar S.A.   ArgentinaInversiones Bemberg Chile Ltda.   ChileCervecería Chile S.A.   Chile     Fábrica Paraguaya de Vidrios S.A. FPV ParaguayInversiones Cerveceras S.A.   Panama     Cervecería Boliviana Nacional S.A. CBN BoliviaEmbotelladora 9 de Julio S.A.I.C.I. y F.   ArgentinaQuilmes Industrial S.A.   ArgentinaLinthal S.A.(+)   Uruguay     Agrega S.A.   ArgentinaCCBA S.A.(+)   Argentina (+)   Subsidiary as of February 1, 2003.
J-S28017-17

*Retired Senior Judge assigned to the Superior Court.

NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P 65.37

COMMONWEALTH OF PENNSYLVANIA,

 Appellee

 v.

LUIS LOPEZ,

 Appellant

:

:

:

:

:

:

:

:

IN THE SUPERIOR COURT OF

PENNSYLVANIA

 No. 1078 WDA 2016

Appeal from the Order June 23, 2016, 

in the Court of Common Pleas of Erie County, 

Criminal Division, at No(s): CP-25-CR-0002525-2015

BEFORE: OLSON, MOULTON, and STRASSBURGER, JJ.*

CONCURRING MEMORANDUM BY STRASSBURGER, J.:FILED AUGUST 11, 2017

I agree with the Majority that Lopez was seized at the time Officer 

Russell began chasing him, and that, at that time, Officer Russell had 

reasonable suspicion to do so given that (1) the officer had credible 

information that Lopez was carrying a firearm, (2) Lopez was ineligible to do 

so based upon his age, and (3) Lopez fled when he was asked if he had any 

firearms on him. 

However, I believe a person of reasonable caution would believe that 

criminal activity may be afoot when presented with those three facts in any

neighborhood. The status of the neighborhood at issue here as a “highcrime area” is not relevant to the determination. People who live in poor 

areas that are riddled with crime do not have fewer constitutional rights than 

people who have the means to live in “nice” neighborhoods.
**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 AdvanSource Biomaterials Corporation, a Delaware corporation (the “Company”), on Form 10-K for the fiscal year ended March 31, 2014, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Michael F. Adams, Chief Executive Officer and President 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, 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: July 14, 2014

 

 

 

/s/ Michael F. Adams

 

Michael F. Adams

 

Chief Executive Officer and President

 

 

This certification accompanies each report of the Company on Form 10-Q and Form 10-K pursuant to §906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of §18 of the Securities Exchange Act of 1934, as amended.

A signed original of this written statement required by §906 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. |
|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|