alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. Tomas Nmi SANCHEZ-MEDINA, Defendant-Appellant.

No. 02-41582.

United States Court of Appeals, Fifth Circuit.

Aug. 19, 2003.

Before JONES, WIENER, and BENAVIDES, Circuit Judges.

PER CURIAM.*

Tomas Nmi Sanchez-Medina appeals his 50-month sentence following his guilty-plea conviction for being an alien unlawfully found in the United States following deportation after having been previously convicted of an aggravated felony, in violation of 8 U.S.C. § 1326. Sanchez asserts that the district court plainly erred in assigning him three criminal history points for his prior conviction for evading arrest. He further maintains that 8 U.S.C. § 1326(b)(1) and (b)(2) are unconstitutional in light of *Apprendi v. New Jersey,*530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000).

Under U.S.S.G. § 4A1.2(c) and *United States v. Moore,*997 F.2d 30, 33 (5th Cir. 1993), Sanchez’s 2000 evading arrest conviction arguably should not have been counted for purposes of his criminal history score. However, because the district court could, on remand, impose the same 50-month sentence, Sanchez fails to demonstrate that his substantial rights were affected by the district court’s error in calculating his criminal history category. *United States v. Wheeler,*322 F.3d 823, 828 (5th Cir.2003); *United States v. Leonard,*157 F.3d 343, 346 (5th Cir.1998). Consequently, Sanchez fails to satisfy the plain error standard of review. *Id.*

Although Sanchez urges us to adopt the reasoning of the Third Circuit as set forth in *United States v. Knight,*266 F.3d 203 (3d Cir.2001), it is the firm rule of this circuit that one panel may not overrule the decisions of another without *en banc*consideration or an intervening Supreme *396Court opinion. *See Hogue v. Johnson,*131 F.3d 466, 491 (5th Cir.1997). Neither condition is present in this case. Thus, Sanchez is not entitled to any relief, as set forth in *Leonard*and its progeny.

Sanchez concedes that his challenge to the constitutionality of 8 U.S.C. § 1326(b)(1) and (b)(2) is foreclosed by *Almendarez-Torres v. United States,*523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), but he seeks to preserve the issue for Supreme Court review. *Apprendi*did not overrule *Almendarez-Torres. See Apprendi,*530 U.S. at 489-90, 120 S.Ct. 2348; *United States v. Dabeit,*231 F.3d 979, 984 (5th Cir.2000). This court must follow the precedent set in *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 district court’s judgment is AFFIRMED.

*

 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.
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PICCARRETA DAVIS KEENAN FIDEL PC

2 East Congress Street, Suite 1000

Tucson, AZ 85701

(520) 622-6900

Michael L. Piccarreta

State Bar No. 003962

Email: mlp@pd-law.com

Attorney for Defendant Andrew Padilla

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA

United States of America,

 Plaintiff,

vs.

6. Andrew Padilla,

 (Counts 1-51)

7. Joye Vaught,

 (Counts 1-51)

 Defendants.

NO. CR-18-00422-06-PHX-SPL

MOTION FOR LEAVE TO FILE JOINT 

REPLY TO RESPONSE TO MOTION TO 

STAY SEIZURE OF ATTORNEYS’ 

FEES (DOCS. 360, 371)

Defendants Andrew Padilla and Joye Vaught, by and through their undersigned 

attorneys, respectfully request leave to file a joint reply to the government’s Response (Doc. 

371) to the Emergency Motion to Stay Seizure of Attorneys’ Fees and Request for Immediate 

Hearing (Doc. 360). The emergency motion raises numerous serious constitutional issues 

regarding the government’s novel theories of seizure and forfeiture and novel theories of 

underlying criminal liability that have never been accepted on the merits by any court. 

Defendants Padilla and Vaught believe that it will serve the interests of judicial efficiency to 

address these matters in a joint reply rather than in two separate replies. The defendants 

therefore respectfully request this Court, pursuant to LRCrim 12.1 and LRCiv 7.2(e)(2), to 

permit the defendants combine the otherwise applicable 11 page limits for separate replies 

Case 2:18-cr-00422-DJH Document 383 Filed 11/15/18 Page 1 of 2
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into a single joint reply not to exceed 22 pages.

RESPECTFULLY SUBMITTED this 14th day of November, 2018.

PICCARRETA DAVIS KEENAN FIDEL PC

By: /s/ Michael L. Piccarreta

Michael L. Piccarreta

Attorney for Andrew Padilla

KARP & WEISS, P.C.

By: /s/ Stephen M. Weiss

Stephen M. Weiss

Attorney for Joye Vaught

On November 14, 2018, a PDF version

of this document was filed with the

Clerk of Court using the CM/ECF

System for filing and for Transmittal

of a Notice of Electronic Filing to the

following CM/ECF registrants:

Reginald Jones, reginald.jones4@usdoj.gov

Peter Kozinets, peter.kozinets@usdoj.gov

John Kucera, john.kucera@usdoj.gov

Margaret Perlmeter, margaret.perlmeter@usdoj.gov

Kevin Rapp, kevin.rapp@usdoj.gov

Patrick Reid, Patrick.Reid@usdoj.gov>

Andrew Stone, andrew.stone@usdoj.gov

Amanda Wick, Amanda.Wick@usdoj.gov

Paul Cambria, pcambria@lglaw.com

Tom Bienert, tbienert@bmkattorneys.com

Bruce Feder, bf@federlawpa.com

Michael Kimerer, mdk@kimerer.com

Stephen Weiss, sweiss@karpweiss.com

Case 2:18-cr-00422-DJH Document 383 Filed 11/15/18 Page 2 of 2
Exhibit 31.1

                                 CERTIFICATIONS

I, Murray Stahl, certify that:

1.    I have reviewed this annual report on Form 10-K of FRMO Corp;

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 statements, 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-15(e) and 15d-15(e)) for the registrant
      and we 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 this annual
            report is being prepared;

      b.    evaluated the effectiveness of the registrant's disclosure controls
            and procedures and presented in this report our conclusions about
            the effectiveness of the disclosure controls and procedures, as of
            the end of the period covered by this report based on such
            evaluation; and

      c.    disclosed in this report any change in the registrant's internal
            control over financial reporting that occurred during the
            registrant's most recent fiscal quarter (the registrant's fourth
            fiscal quarter in the case of an annual report) that has materially
            affected, or is reasonably likely to materially affect, the
            registrant's internal control over financial reporting;

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 weaknesses 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

Dated: May 3, 2005

By: /S/ MURRAY STAHL
    --------------------
Murray Stahl
Chairman of the Board and Chief Executive Officer
EXHIBIT 2F

Case 2:18-cr-00422-DJH Document 498-7 Filed 03/12/19 Page 1 of 3
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Case 2:18-cr-00422-DJH Document 498-7 Filed 03/12/19 Page 3 of 3
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Timothy J. Eckstein, 018321 

Joseph N. Roth, 025725 

Sarah P. Lawson, 036436 

OSBORN MALEDON, P.A. 

2929 North Central Avenue, 20th Floor 

Phoenix, Arizona 85012-2793 

(602) 640-9000 

teckstein@omlaw.com

jroth@omlaw.com

slawson@omlaw.com

Attorneys for James Larkin 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

United States of America, 

Plaintiff, 

 

vs. 

James Larkin (2), et al.,

 Defendants. 

Case No. 2:18-cr-00422-PHX-DJH 

NOTICE 

Undersigned counsel hereby notifies the Court that on July 31, 2023, defendant 

James A. Larkin passed away. The parties will appear before the Court on Friday, August 

4, at 1:00 p.m., to discuss a dismissal of the Superseding Indictment against Mr. Larkin 

under Fed. R. Crim. P. 48.

DATED this 2nd day of August, 2023. 

OSBORN MALEDON, P.A. 

By s/ Timothy J. Eckstein 

Timothy J. Eckstein 

Joseph N. Roth 

Sarah P. Lawson 

2929 North Central, 20th Floor 

Phoenix, Arizona 85012-2794 

Attorneys for James Larkin 

Case 2:18-cr-00422-DJH Document 1655 Filed 08/02/23 Page 1 of 1
[Federal Register Volume 61, Number 117 (Monday, June 17, 1996)]
[Notices]
[Page 30619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15218]



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

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration on Aging


Public Information Collection Requirement Submitted to the Office 
of Management and Budget (OMB) for Clearance

AGENCY: Administration on Aging, HHS.
    The Administration on Aging (AoA), Department of Health and Human 
Services, has submitted to the Office of Management and Budget (OMB) 
the following proposal for the collection of information in compliance 
with the Paperwork Reduction Act (Public Law 96-511):
    Title of Information Collection: State Performance Report (SPR): 
Reporting Requirements for Titles III and VII of the Older Americans 
Act;
    Type of Request: Extension and Revision;
    Use: To revise an existing information collection form to conform 
to amendments to the Older Americans Act which directed the 
Administration on Aging to improve State reporting requirements;
    Frequency: Annually;
    Respondents: State Agencies on Aging;
    Estimated Number of Responses: 57;
    Total Estimated Burden Hours: 300,000.
    Additional Information or Comments: The Administration on Aging 
intends to submit to the Office of Management and Budget for approval a 
new reporting system for the State programs under the Older Americans 
Act. AoA printed a similar set of reporting specifications in the 
Federal Register on February 13, 1996 requesting a two year phase-in of 
the reporting requirements starting in FY 1996. Most of the 15 
respondents support implementation of the SPR. However 5 raised cost 
considerations in light of dwindling resources for services to the 
elderly. While one respondent objected to a requirement to collect 
information on the nutritional status of congregate meals clients, 5 
other respondents strongly advocate that the information be collected. 
The remaining comments relate to technical changes which have been made 
and to administrative issues which AoA will address through training 
and operational adjustments. Call the Administration on Aging, Office 
of State and Community Programs at (202) 619-0011 for copies of the 
proposed reporting requirements. Written comments and recommendations 
for the proposed information collection requirements should be sent 
within 30 days of the publication of this notice directly to the 
following address: OMB Reports Management Branch, attention: Allison 
Eydt, New Executive Office Building, Room 3208, Washington, DC 20503.

    Dated: June 6, 1996.
William F. Benson,
Deputy Assistant Secretary for Governmental Affairs and Elder Rights.
[FR Doc. 96-15218 Filed 6-14-96; 8:45 am]
BILLING CODE 4150-04-M
DISTRICT JUDGE'S MINUTES

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA – PHOENIX

U.S. District Judge: Diane J. Humetewa Date: October 31, 2023

USA v. Michael Lacey, et al Case Number: CR-18-00422-PHX-DJH

Assistant U.S. Attorneys: Kevin Rapp, Austin Berry, Margaret Perlmeter, Andrew Stone, Peter 

Kozinets

Attorneysfor Defendants: Paul J. Cambria Jr., Retained for Defendant Lacey, present; Bruce S. Feder, 

Retained (Knapp) and Eric W. Kessler, CJA for Defendant Spear, present; Gary S. Lincenberg and Gopi 

K. Panchapakesan, Retained for Defendant Brunst, present; David S. Eisenberg, CJA for Defendant 

Padilla, present; Joy M. Bertrand, CJA for Defendant Vaught, present.

Defendants: ☒ Present ☐ Not Present ☒ Released ☐ Custody ☐ Summons ☐ Writ

JURY TRIAL (Day 27):

8:43 a.m. Court reconvenes. Discussion held with counsel. Exhibit 171 having been admitted by the 

Government, it will go to the jury. 8:54 a.m. Recess.

9:05 a.m. Court reconvenes. The parties are informed that Juror #4 is out ill. 9:07 a.m. Recess.

9:20 a.m. Court reconvenes. Juror #4 is released from jury service. Defendants’ objection is noted. 

9:26 a.m. Jury present. Defendant Spear’s closing argument by Mr. Feder. 10:37 a.m. Recess.

11:01 a.m. Court reconvenes. Jury present. Defendant Brunst’s closing argument by Mr. Lincenberg. 

12:04 p.m. Recess. 

1:04 p.m. Court reconvenes. Jury present. Defendant Brunst’s closing argument by Mr. Lincenberg 

resumes. 2:14 p.m. Recess.

2:34 p.m. Court reconvenes. 2:37 p.m. Jury present. Defendant Padilla’s closing argument by Mr. 

Eisenberg. 3:48 p.m. Court in recess until Wednesday, November 1, 2023 at 9:00 a.m.

Court Reporter Elaine Cropper/Cathy Taylor

Deputy Clerk Liliana Figueroa

Start: 8:43 AM

Stop: 3:48 PM

Total: 4hrs 57min

Case 2:18-cr-00422-DJH Document 1926 Filed 10/31/23 Page 1 of 1
---

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Exhibit 4.2

# RiT Technologies Ltd.
2003 Share Option Plan  Amendment No. 1

In accordance with a resolution of
the Board of Directors of the Company on February 1, 2006, as approved by the shareholders of
the Company on April 5th, 2006, Section 6 of the RiT Technologies Ltd. 2003
Share Option Plan is replaced in its entirety with the following, effective as of April
5th, 2006:

| | 6. | Reserved Shares: The total number of Shares that may be subject to
          Options granted under this Plan, the RiT Technologies Ltd. Key Employee Share
          Incentive Plan (1996), and the RiT Directors Share Incentive Plan (1997) (the
          Plans) shall not exceed 3,236,666 in the aggregate, subject to
          adjustments as provided in Section 11 hereof and increase as provided in
          Section 13 hereof. Notwithstanding the aforesaid, the Committee shall have
          full authority in its discretion to determine that the Company may issue, for
          the purposes of this Plan, previously issued Shares that are held by the
          Company, from time to time, as Dormant Shares (as such term is defined in the
          Companies Law). All Shares under the Plans, in respect of which the right of a
          Grantee to purchase the same shall, for any reason, terminate, expire or
          otherwise cease to exist, shall again be available for grant through Options
          under the Plan.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

---

|RiT Technologies Ltd.By: /s/ Hila Hubsch
Hila HubschGeneral Counsel, RiT Technologies Ltd.
|--------------------------------------------------------------------------------------------------------



---

---
[Federal Register Volume 61, Number 19 (Monday, January 29, 1996)]
[Notices]
[Page 2791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1515]



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

DEPARTMENT OF AGRICULTURE
Forest Service


Willamette Provincial Interagency Executive Committee (PIEC), 
Advisory Committee

AGENCY: Forest Service, USDA.

ACTION: Notice of meeting.

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

SUMMARY: The Willamette PIEC Advisory Committee will meet on Thursday, 
February 15, 1996. The meeting will be in the Old Resources Conference 
Room, at USDA Forest Service; Siuslaw National Forest; 4077 Research 
Way; Corvallis, Oregon; phone (541) 750-7000; located in the Siuslaw NF 
Supervisor's Office. The meeting is scheduled to begin at 9:00 a.m. and 
conclude at approximately 4:00 p.m. Topics tentatively scheduled on the 
agenda include: (1) Forest Health Proposal from the Klamath Province, 
(2) Province Timber Sale Monitoring, (3) Province committee 
appointments, (4) Use of Federal Funds for habitat restoration on 
private lands, (5) Group information sharing.
    The meeting is open to the public and opportunity will be available 
to address the Advisory Committee during a public forum. The public 
forum will follow the agenda topics mentioned above and will occur in 
the afternoon. Time allotted for individual presentations to the 
committee will be limited to 3-5 minutes each. Written comments are 
encouraged and can be submitted prior to the meeting.

FOR FURTHER INFORMATION CONTACT:
For more information regarding this meeting, contact Neal Forrester, 
Designated Federal Official; Willametter National Forest, 211 East 
Seventh Avenue; Eugene, Oregon; 541-465-6924.

    Dated: January 22, 1996.
Darrel L. Kenops,
Forest Supervisor.
[FR Doc. 96-1515 Filed 1-26-96; 8:45 am]
BILLING CODE 3410-11-M
EXHIBIT 11

KSL RECREATION GROUP, INC. AND SUBSIDIARIES
COMPUTATION OF EARNINGS PER SHARE

|                                                          |                                                                            | Year Ended October 31,
|--------------------------------------------------------- | -------------------------------------------------------------------------- | ----------------------
|
|
|NET INCOME                                                |                                                                            | $                     
|                                                          |                                                                            |                       
|DATA AS TO NUMBER OF COMMON AND COMMON EQUIVALENT SHARES: |                                                                            |                       
|                                                          | Weighted average number of common shares outstanding                       |                       
|                                                          | Common equivalent shares                                                   |                       
|                                                          |                                                                            |                       
|                                                          | Weighted average number of common and common equivalent shares Outstanding |                       
|                                                          |                                                                            |                       
|EARNINGS PER SHAREBasic & Diluted                        |                                                                            | $                     
|                                                          |                                                                            |                       

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QuickLinks
Exhibit 32.2

| (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/      Richard McKilligan                                                  |   |
|------------------------------------------------------------------------------|--------|
| Richard      McKilligan                                                      |   |
| Chief      Financial Officer (Principal Financial and Accounting    Officer) |
| February      14, 2011                                                       |   |
Exhibit 1 

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