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that this opinion should not be published and is not precedent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. 99-10389

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

DEMETRIO VILLARREAL-FLORES,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 3:98-CR-348-1-D

- - - - - - - - - -

October 20, 1999

Before JONES, WIENER, and STEWART, Circuit Judges. 

PER CURIAM:*

 The Federal Public Defender appointed to represent Demetrio

Villarreal-Flores has moved to withdraw and has filed a brief as

required by Anders v. California, 386 U.S. 738 (1967). 

Villarreal-Flores has received a copy of counsel’s motion and

brief but has not filed a response. Our independent review of

the brief and the record discloses no nonfrivolous issue. 

Accordingly, counsel’s motion to withdraw is GRANTED. Counsel is
No. 99-10389

-2-

excused from further responsibilities herein, and the APPEAL IS

DISMISSED. See 5TH CIR. R. 42.2.
[Federal Register Volume 60, Number 68 (Monday, April 10, 1995)]
[Notices]
[Page 18136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8714]



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


DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Committee on Vital and Health Statistics (NCVHS) 
Subcommittee on Mental Health Statistics: Meeting

    Pursuant to Pub. L. 92-463, the National Center for Health 
Statistics (NCHS), Centers for Disease Control and Prevention (CDC), 
announces the following subcommittee meeting.

    Name: NCVHS Subcommittee on Mental Health Statistics.
    Time and Date: 9 a.m.-5 p.m., May 17, 1995.
    Place: Room 503A-529A, Hubert H. Humphrey Building, 200 
Independence Avenue, SW., Washington, DC 20201.
    Status: Open.
    Purpose: The Subcommittee will continue to work in developing 
managed care minimum data sets for enrollment and encounter data.
    Contact Person for More Information: Substantive program 
information as well as summaries of the meeting and a roster of 
committee members may be obtained from Gail F. Fisher, Ph.D., 
Executive Secretary, NCVHS, NCHS, CDC, Room 1100, Presidential 
Building, 6525 Belcrest Road, Hyattsville, Maryland 20782, telephone 
number 301/436-7050.
Carolyn J. Russell,
Director, Management Analysis and Services Office, Centers for Disease 
Control and Prevention (CDC).
[FR Doc. 95-8714 Filed 4-7-95; 8:45 am]
BILLING CODE 4163-18-M
<PAGE>

                                                                     EXHIBIT 3.4

                            CERTIFICATE OF AMENDMENT

                                 TO THE BY-LAWS

                                       OF

                                 CONCEPTUS, INC.

         The undersigned, being the duly acting and appointed Secretary of
Conceptus, Inc., a Delaware corporation, hereby certifies that the Board of
Directors of this corporation amended the first sentence of Article III, Section
3.2 of the By-laws of this corporation to read as follows, effective as of the
date set forth below:

         "The number of directors of this corporation shall be nine (9) until
changed by a proper amendment to this Section 3.2."

Dated:  October 21, 2003                       /s/ Michael W. Hall
                                               ---------------------------------
                                               Michael W. Hall, Secretary
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 Juma Technology, Corp. (the "Company")
on Form 10-Q for the period ended March 31, 2010 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Anthony M.
Servidio, the Chief Executive Officer and Chairman of the Company, certify,
pursuant to 18 U.S.C. Section. 1350, as adopted pursuant to Section. 906 of the
Sarbanes-Oxley Act of 2002, that:





(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.




/s/ Anthony M.
  ServidioAnthony
      M. ServidioChief
      Executive Officer andChairman





May 13,
2010
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5323 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 5323

    To amend title 23, United States Code, to establish a national 
  requirement against the use of marijuana for recreational purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 1, 2023

Mr. Edwards (for himself and Mr. Murphy) introduced the following bill; 
       which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL

 
    To amend title 23, United States Code, to establish a national 
  requirement against the use of marijuana for recreational purposes.

    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 ``Stop Pot Act of 2023''.

SEC. 2. NATIONAL REQUIREMENT AGAINST USE OF MARIJUANA FOR RECREATIONAL 
              PURPOSES.

    (a) Withholding of Funds for Noncompliance.--Chapter 1 of title 23, 
United States Code, is amended by adding at the end the following:
``Sec. 180. National requirement against use of marijuana for 
              recreational purposes
    ``(a) Withholding of Funds for Noncompliance.--The Secretary shall 
withhold 10 percent of the amount required to be apportioned to any 
State under each of sections 104(b)(1), 104(b)(3), and 104(b)(4) on the 
first day of each fiscal year beginning after the date of the enactment 
of this section in which the purchase or public possession of marijuana 
for recreational purposes is lawful.
    ``(b) Effect of Withholding of Funds.--No funds withheld under this 
section from apportionment to any State after the date of the enactment 
of this section shall be available for apportionment to such State.
    ``(c) Marijuana Defined.--In this section, the term `marijuana' 
shall have the meaning given such term in section 102 of the Controlled 
Substances Act (21 U.S.C. 802).''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by inserting after the item relating to 
section 179 the following:

``180. National requirement against use of marijuana for recreational 
                            purposes.''.
                                 <all>
```
---

---

Exhibit 10.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the incorporation by
reference in the Registration Statements Forms S-8 (Registrations Nos. 333-113932,
333-132649, 333-123410, 333-08826, 333-10092, 333-12466 and 333-12988) of our report dated
April 9, 2008, with respect to the consolidated financial statements, and the
effectiveness of internal control over financial reporting of Gilat Satellite Networks
Ltd. included in its Annual Report on Form 20-F for the year ended December 31, 2007.

|                 |                                 
|---------------- | --------------------------------
|Tel-Aviv, Israel | KOST FORER GABBAY & KASIERER    
|April 9, 2008    | A Member of Ernst & Young Global



---

---
THE THIRTEENTH COURT OF APPEALS

13-14-00315-CV

In the Estate of Laverne (Toby) Smith, Deceased

On Appeal from the

County Court of Lavaca County, Texas

Trial Cause No. 10693

JUDGMENT

THE THIRTEENTH COURT OF APPEALS, having considered this cause on 

appeal, concludes the appeal should be dismissed. The Court orders the appeal 

DISMISSED in accordance with its opinion. Costs of the appeal are adjudged against 

appellant.

We further order this decision certified below for observance.

September 1, 2015
#### STATE of Missouri, Plaintiff/Respondent, v. Brockton WILLIS, Defendant/Appellant.

No. 68647.

Missouri Court of Appeals, Eastern District, Division One.

April 9, 1996.

Gary E. Brotherton, Asst. Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Christine M. Blegen, Assistant Attorney General, Jefferson City, for respondent.

Before REINHARD, P.J., and KAROHL and GRIMM, JJ.

*ORDER*

PER CURIAM.

Defendant appeals after he was convicted by a jury of first degree burglary, § 569.160, RSMo 1986. The court sentenced him in accordance with the jury’s assessment to a prison term of five years. We affirm. We have reviewed the record and find the claims of error to be without merit. An extended opinion would have no precedential value. The parties have been furnished with a memorandum for their information only, setting *126forth the reasons for this order affirming the judgment pursuant to Rule 30.25(b).
#### The People of the State of New York, Respondent, v Tehran Muhammad, Appellant.

Judgment unanimously affirmed. Memorandum: From our review of the record, we *989conclude that the prosecution disproved the defense of justification beyond a reasonable doubt. We conclude also that the sentence imposed is not harsh and excessive. Although it does not appear on the record that the trial court, in this nonjury trial, informed the parties of its intent to consider the lesser included offense of manslaughter in the first degree, defendant failed to preserve that issue for appellate review *(see, People v Hampton,*124 AD2d 675, *Iv denied*69 NY2d 746; *People v Wachs,*93 AD2d 846). (Appeal from judgment of Supreme Court, Erie County, Francis, J.—manslaughter.) Present— Doerr, J. P., Boomer, Green, Pine and Lowery, JJ.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

GUNTER HEIDIG ; JANIS HEIDIG,

Plaintiffs

- Appellants,

v.
FEDERAL HOME LOAN MORTGAGE CORPORATION, as Trustee for Securitized Trust Freddie Mac Multiclass Certificates, Series 3038; et al.,

Defendants

- Appellees. No. 17

- 17377
D.C. No. 3:16

- cv - 00576

- MMD

VPC

MEMORANDUM *

Appeal from the United States District Court for the District of Nevada Miranda M. Du, District Judge, Presiding
Submitted June 12 , 2018 **
Before: RAWLINSON, CLIFTON and NGUYEN, Circuit Judges.
Gunter Heid i g and Janis Heidig appeal pro se from the district court’s judgment dismissing their a ction alleging federal and s tate law claims relating to their mortgage. We have juris diction under 28 U.S.C. § 1291. We review de novo

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

JUN 25 2018
MOLLY C. DWYER, CLER K U.S. COURT OF APPEAL S2 17

- 17377

a dismissal under Fed. R. Civ. P. 12(b)(6)

. Cervantes v. Countrywide Home
Loans, Inc ., 656 F .3d 103 4, 1040 (9th Cir. 2011). We affirm.
The district court properly dismissed the Heidigs’ state law claims because the Heidigs failed to allege facts sufficient to stat e a plausible claim for relief. See
Hebbe v. Pliler , 627 F.3d 338, 341

- 42 (9th Cir. 2010) (although pro se pleadings are liberally construed, a plaintiff must still present factual allegations sufficient to state a plausible claim for relief); Wood v. Germann , 3 31 P.3d 859, 861 (Nev. 2014) (“[T] he homeowner, who is neither a party to the PSA nor an intended third

party beneficiary, lacks standing to challenge the valid ity of the loan assignment

. ”); Edelstein v. Bank of N.Y Mellon , 286 P.3d 249, 259

- 60, 262 ( Nev. 2012) (en banc) (explaining that under Nevada law, Mortgage Elect ronic Registration System, Inc. may properly act as beneficiary of a trust deed, separating the instruments does not permanently bar foreclosure, and an entity has authority to pursue foreclosure when it is entitled to enforce both the deed of trust

an d th e note)

. We reject as without merit the Heidigs’ contention s that defendants
committed fraud on the court , and that defendants are precluded from foreclosing due to a past mediation

. The Heidigs’ request for judicial notice , set forth in their opening brief , is denied as unnecessary

.3 17

- 17377

We do not consider matters not specifically and distinctly raised and argued in the opening brief, or arguments and allegations raise d for the first time on appeal. See Padgett v. Wright , 587 F.3d 983, 985 n.2 (9th Cir. 2009).
AFFIRMED.
I 

118TH CONGRESS 

1ST SESSION H. R. 5311 

To preempt State data security vulnerability mandates and decryption 

requirements. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 29, 2023 

Mr. LIEU (for himself, Ms. MACE, Ms. DELBENE, and Ms. ESHOO) introduced 

the following bill; which was referred to the Committee on the Judiciary, 

and in addition to the Committee on Energy and Commerce, 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 preempt State data security vulnerability mandates and 

decryption requirements. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ensuring National 

5 Constitutional Rights for Your Private Telecommuni6 cations Act of 2023’’ or the ‘‘ENCRYPT Act of 2023’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 5311 IH

1 SEC. 2. PREEMPTION OF STATE DATA SECURITY VULNER2 ABILITY MANDATES AND DECRYPTION RE3 QUIREMENTS. 

4 (a) IN GENERAL.—A State or political subdivision of 

5 a State may not— 

6 (1) mandate or request that a manufacturer, 

7 developer, seller, or provider of covered products or 

8 services— 

9 (A) design or alter the security functions 

10 in its product or service to allow the surveil11 lance of any user of such product or service, or 

12 to allow the physical search of such product, by 

13 any agency or instrumentality of a State, a po14 litical subdivision of a State, or the United 

15 States; or 

16 (B) have the ability to decrypt or otherwise 

17 render intelligible information that is encrypted 

18 or otherwise rendered unintelligible using its 

19 product or service; or 

20 (2) prohibit the manufacture, sale or lease, of21 fering for sale or lease, or provision to the general 

22 public of a covered product or service because such 

23 product or service uses encryption or a similar secu24 rity function. 

25 (b) DEFINITIONS.—In this section: 


kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 5311 IH

1 (1) COVERED PRODUCT OR SERVICE.—The 

2 term ‘‘covered product or service’’ means any com3 puter hardware, computer software, electronic de4 vice, or online service that— 

5 (A) has traveled in interstate or foreign 

6 commerce or otherwise affects interstate or for7 eign commerce; and 

8 (B) is made available to the general public. 

9 (2) ONLINE SERVICE.—The term ‘‘online serv10 ice’’ means a service provided over the internet that 

11 makes available to users— 

12 (A) the ability to send or receive commu13 nications, such as emails, text messages, 

14 photos, and audio and video communications; 

15 (B) the ability to share data files with 

16 other users; or 

17 (C) remote computer processing or storage. 

18 (3) STATE.—The term ‘‘State’’ means each of 

19 the several States, the District of Columbia, each 

20 commonwealth, territory, or possession of the United 

21 States, and each federally recognized Indian Tribe. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
EXHIBIT 32.1
 CERTIFICATIONS OF PRINCIPAL EXECUTIVE OFFICER AND PRINCIPAL FINANCIAL OFFICER
PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
(18 U.S.C 1350)
    Cole Credit Property Trust II, Inc.By:
    
    /s/ Christopher H. ColeName: Christopher H. ColeTitle: Chief Executive Officer
and President          (Principal
Executive Officer)By:
    
    /s/ D. Kirk McAllaster, Jr.Name: D. Kirk McAllaster, Jr.Date: May 14, 2010
    
    
    
    Title: Executive Vice President
and Chief Financial Officer
          (Principal Financial Officer)
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

May 7, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-5204

United Scope LLC: 

I am pleased to notify you that the United States Trade Representative has determined to 

grant the above-referenced exclusion request submitted pursuant to the notice published at 83 FR 

32181 (‘July 11 notice’). The exclusion determination is set out in a formal notice which has 

been submitted to Office of the Federal Register for publication (‘the exclusion notice’). A prepublication version of the exclusion notice has been posted on the USTR website, at 

https://ustr.gov/sites/default/files/enforcement/301Investigations/Notice_of_Product_Exclusions

_05.09.19.pdf. 

The scope of the exclusion is governed by the formal HTSUS language in the annex to 

the product exclusion notice, and not by the product descriptions set out in any particular request 

for exclusion. An exclusion in response to your request has been granted by excluding from the 

additional tariffs products covered by a specially drafted description contained in the annex to 

the product exclusion notice. 

In accordance with the July 11 notice, the exclusion applies as of the July 6, 2018 

effective date of the tariff action, and will extend for one year after the exclusion notice is 

published in the Federal Register. As stated in the exclusion notice, U.S. Customs and Border 

Protection will issue additional instructions on entry guidance and implementation

Sincerely,

Joseph Barloon

General Counsel
**Exhibit21.1**

# **Subsidiaries of Registrant**

 

** **
| **SUBSIDIARY**                                            | ** **     | **JURISDICTION  OF INCORPORATION**          |
|-----------------------------------------------------------|----------------|---------------------------------------------|
|                                                      |           |                                        |
|  

Cymer B.V.                                        |  

  |  

the Netherlands                     |
|  

Cymer Japan, Inc.                                 |  

  |  

Japan                               |
|  

Cymer Korea, Inc.                                 |  

  |  

Korea                               |
|  

Cymer Singapore Pte Ltd.                          |  

  |  

Singapore                           |
|  

Cymer Southeast Asia, Ltd.                        |  

  |  

Taiwan                              |
|  

Cymer Semiconductor Equipment (Shanghai) Co., Ltd |  

  |  

the People’s Republic of China |
|  

TCZ, USA Cymer, Inc.                              |           |  

California                          |
|  

TCZ GmbH (“TCZ”), Cymer, Inc.           |           |  

Switzerland                         |
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

July 23, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-5980

Peabody Energy Corporation:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20.

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request did not contain a sufficient product identification or was 

determined to be non-administrable.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Joseph Barloon

General Counsel
<PAGE>

                                                                    Exhibit 17.4

                   [LOGO of Moltrup Steel Products Company]

                        Moltrup Steel Products Company
                      FOURTEENTH STREET AND SECOND AVENUE
                 POST OFFICE BOX 331 . BEAVER FALLS, PA. 15010
               412/845-3100 . FAX: 412/845-3110 . 800-33-MOLTRUP


MICHAEL P. PITTERICH
President and Chairman




                                      March 21, 1996


Board of Directors
NORTHSTAR HEALTH SERVICES, INC.
Foster Plaza 9
750 Holiday Drive
Pittsburgh, PA 15220

To the Board of Directors:

            Please accept my resignation from this Board of Directors of
Northstar Health Services effective immediately.

            I hope the company does well and prospers.  I particularly felt the
merger of Keystone and Northstar offers tremendous potential.


                                      Sincerely,


                                      /s/ Michael P. Pitterich

                                      Michael P. Pitterich
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

March 15, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-5568

Seaboard International, Inc:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20.

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that the imposition of additional duties on 

the particular product would cause severe economic harm to you or other U.S. interests.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn

General Counsel