alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

JOHN CHAMBERLAIN,

Plaintiff,

v.

REDDY ICE HOLDINGS, INC., WILLIAM P.

BRICK, JIMMY C. WEAVER, and STEVEN J.

JANUSEK,

Defendants.

___________________________________ /

Case Number: 08-13451

JUDGE PAUL D. BORMAN

UNITED STATES DISTRICT COURT 

MICHAEL G. COFFEY, as Power of Attorney for 

the Bonita Lynne Coffey Roth IRA, and on Behalf 

of All Others Similarly Situated, 

Plaintiff, Case Number: 08-13670 

v. 

 JUDGE PAUL D. BORMAN

 UNITED STATES DISTRICT COURT

REDDY ICE HOLDINGS, INC., WILLIAM P. 

BRICK, JIMMY C. WEAVER, and 

RAYMOND D. BOOTH,

Defendants.

___________________________________ /

BRYAN S. NEAL,

Plaintiff, Case Number: 08-14036 

v. 

 JUDGE PAUL D. BORMAN

 UNITED STATES DISTRICT COURT

REDDY ICE HOLDINGS, INC., WILLIAM P. 

BRICK, JIMMY C. WEAVER,

2:08-cv-14036-PDB-PJK Doc # 12 Filed 07/17/09 Pg 1 of 2 Pg ID 118
RAYMOND D. BOOTH, and STEVEN J. 

JANUSEK,

Defendants.

___________________________________ /

ORDER CONSOLIDATING ACTIONS

The following securities actions, and any action arising out of the same operative facts

now pending or hereafter filed in or transferred to this Court, are hereby consolidated pursuant to

Fed. R. Civ. P. 42(a):Chamberlain v. Reddy Ice Holdings, Inc., et al., Case No. 08-13451; Coffey

v. Reddy Ice Holdings, Inc., et al., Case No. 08-13670; Neal v. Reddy Ice Holdings, Inc., et al.,

Case No. 08-14036. 

SO ORDERED.

s/Paul D. Borman 

PAUL D. BORMAN

UNITED STATES DISTRICT JUDGE

Dated: July 17, 2009

CERTIFICATE OF SERVICE

Copies of this Order were served on the attorneys of record by electronic means or U.S. Mail on July

17, 2009.

s/Denise Goodine 

Case Manager

2:08-cv-14036-PDB-PJK Doc # 12 Filed 07/17/09 Pg 2 of 2 Pg ID 119
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

JOHN PALAZZOLO,

Petitioner,

v

SHERRY BURT,

 

Respondent.

 /

Case No. 08-14287

DISTRICT JUDGE ARTHUR J. TARNOW

MAG. JUDGE PAUL J. KOMIVES

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION AND

GRANTING AN EVIDENTIARY HEARING

Before the Court is Magistrate Judge Komives’ Report and

Recommendation [Docket #10] filed June 23, 2010. The Magistrate

Judge recommends that this Court order an evidentiary hearing to

develop a record with respect to petitioner’s ineffective

assistance of counsel claim. Respondent filed objections on July

7, 2010 [Docket #11]. Petitioner filed objections on August 3,

2010 [Docket #12].

Having reviewed the file, the Report and Recommendation and

the objections the Court ADOPTS the Report and Recommendation and

GRANTS an evidentiary hearing to develop a record with respect to

petitioner’s ineffective assistance of counsel claim. A separate

order setting a date and time for the hearing will follow.

s/Arthur J. Tarnow 

Arthur J. Tarnow

Senior United States District Judge

Dated: October 4, 2010
I hereby certify that a copy of the foregoing document was served upon

parties/counsel of record on October 4, 2010, by electronic and/or ordinary

mail.

s/Catherine A. Pickles 

Judicial Secretary
Exhibit 32

CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER AND  PRINCIPAL FINANCIAL OFFICER PURSUANT TO  18 U.S.C. SECTION 1350  AS ADOPTED PURSUANT TO SECTION 906  OF THE SARBANES-OXLEY ACT OF 2002

We, Richard J. Thompson, President and Chief Executive Officer, and Gary R. Larsen, Senior Vice President, Finance,
Treasurer and Chief Financial Officer of Power-One, Inc. (the "Company"), do hereby certify, pursuant to 18 U.S.C. Section 1350 and Rule 13a-14(b) or
Rule 15d-14(b) of the Securities Exchange Act of 1934, as adopted pursuant to Section 906 of the Sarbanes- Oxley Act of 2002, that, to our
knowledge:



Date: March 15, 2011/s/ RICHARD J. THOMPSON Richard J. Thompson President and Chief Executive Officer
(Principal Executive Officer)/s/ GARY R. LARSEN Gary R. Larsen Senior Vice President, Finance,
and Chief Financial Officer
(Principal Financial Officer)


---



QuickLinks
Opinion filed March 18, 2010

In The

Eleventh Court of Appeals 

__________

No. 11-10-00049-CR

__________

IN RE BERNARD WASHINGTON

Original Mandamus Proceeding

M E M O R A N D U M O P I N I O N

Relator, Bernard Washington, has filed a pro se petition for writ of mandamus. In Trial Court 

Cause No. 07-6704, the jury convicted Washington of two counts of assault on a public servant. 

The jury assessed his punishment at confinement for ten years for the first count and five years for 

the second count. The trial court imposed one sentence of fifteen years in its written judgment. 

Relator asserts in his petition for writ of mandamus that the trial court erroneously stacked his fiveand ten-year sentences to arrive at the fifteen-year sentence. In relator’s direct appeal from his 

convictions in Cause No. 07-6704, we modified the trial court’s judgment to reflect that the trial 

court imposed a ten-year sentence for the first count and a five-year sentence for the second count. 

See Washington v. State, No. 11-08-00250-CR, 2009 WL 1912763, at *2 (Tex. App.—Eastland 

July 2, 2009, pet. ref’d) (mem. op., not designated for publication). Therefore, relator’s assertion is 

moot.
Relator also asserts that he is entitled to receive additional credit on his sentence for the time 

he served in jail during his appeal of the convictions in Cause No. 07-6704. Relator was an inmate 

in the Institutional Division of the Texas Department of Criminal Justice when he committed the 

offenses involved in Cause No. 07-6704. Under Article 42.08(b) of the Code of Criminal Procedure 

and the terms of the trial court’s judgment in Cause No. 07-6704, relator’s sentences in Cause 

No. 07-6704 will not begin to run until he completes the sentence he was serving at the time he 

committed the offenses in Cause No. 07-6704. See TEX. CODE CRIM. PROC. ANN. art. 42.08(b) 

(Vernon Supp. 2009). Therefore, relator is not entitled to additional credit for time served.

We deny relator’s request for mandamus relief.

TERRY McCALL

JUSTICE

March 18, 2010

Do not publish. See TEX. R. APP. P. 47.2(b).

Panel consists of: Wright, C.J.,

McCall, J., and Strange, J.
MIE 310 Order of Reference to a Magistrate JudgeRev. 3/98)

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

Adil Shafi,

Counter-Plaintiff/Third Party

Plaintiff,

v.

Frederick Weidinger, et al,

Counter-Defendants/Third Party

Defendants

and

Robotic Visions Technologies, LLC, et al,

Plaintiffs,

vs

Adil Shafi,

Defendant.

/

Case Number: 09-10454

Honorable Victoria A. Roberts 

Magistrate Judge Lauie Michelson

Case No: 11-12909

Honorable Victoria A. Roberts

Magistrate Judge Laurie Michelson

CORRECTED ORDER OF REFERENCE TO UNITED STATES MAGISTRATE JUDGE

IT IS ORDERED that this matter is referred to United States Magistrate Judge

Laurie Michelson for the following purpose(s):

# Conduct Settlement Conference 2/16/12 at 10:00 am

DATED: 1/13/12 /s/ Victoria A. Roberts

Victoria A. Roberts

United States District Judge

CERTIFICATE OF MAILING

I certify that a copy of this order was served upon all counsel of record on the above date

by electronic filing.

/s/ Linda Vertriest

Deputy Clerk

2:09-cv-10454-VAR-LJM Doc # 131 Filed 01/13/12 Pg 1 of 1 Pg ID 3154
Exhibit 32  CERTIFICATION OF PERIODIC REPORT PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002  I, Diane S. Button, President, Treasurer, Chief Executive Officer and Chief Financial Officers of Cactus Ventures, Inc., (the Company), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that to the best of my knowledge:  (1) the Quarterly Report on Form 10-Q, of the Company for the fiscal quarter ended March 31, 2010 (the Report) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78 o(d)); 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 7, 2010  /s/ Diane S. Button Diane S. Button President and Chief Executive Officer Treasurer and Chief Financial Officer   A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act has been furnished to Cactus Ventures, Inc. and will be retained by Cactus Ventures, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
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 on Form 10-Q of Deer Consumer Products, Inc. (the “Company”) for the quarter ended March 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), Ying He, Chief Executive Officer of the Company, hereby certifies, pursuant to 18 U.S.C. §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 (15 U.S.C. §78m or §78o(d)); 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 10, 2011
By:
/s/ Ying HeYing He

Chief Executive Officer





This certification accompanies each Report pursuant to Section 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 Section 18 of the Securities Exchange Act of 1934, as amended.





A signed original of this written statement required by Section 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.
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

WILLIAM KAUFMAN, RELATOR, PRIVATE 

ATTORNEY GENERAL, INTERESTED 

PARTY,

Petitioner

v.

COMMONWEALTH OF PENNSYLVANIA; 

JANE CULTER [SIC] GREENSPAN, 

LAZARUS, KEOGH, SMITH, DAVIS, STACK, 

EDWARD G. MEKEL (DISTRICT COURT 

JUDGE(S)); LYNN ABRAHAM, MARK 

GILSON, RAYMOND J. HARLEY, ARLENE 

FISK, CHARLES F. GALLADHER 

(DA/ADA/PROSECUTOR); VIVIAN T. 

MILLER (CLERK OF COURT); JANET 

FASEY [SIC] DOWDS, KEVIN FLANAGAN 

(OFFICERS OF THE COURT); AARON 

BOOKER#795, MICHAEL MORAM#0183, 

MICHAEL LOGUE#6913, HERBERTO 

APONTE#259, DOREEN NAPPER#1217, 

JOHN SPIESER#7169, CHARLES 

LAYTON#9942, JOE RUFF#5040, JOSEPH 

GLOVACZ#6607, MANUEL PEREZ#4729, 

DORIS WASTON#7195, BEVERLY 

GRAHAM#3026, D. BAKER#612, DET. 

JULIE HILL, OSCAR JONES#9171, 

ANTHONY TOMAINO#610, STG. 

COMPLONE#569, SGT. COULTER, DET. 

HARKIDS, DET. C. BROWN, LT. M. 

FISHER#417, DET. MAMGONI, 

KONCZYK#8030, SGT. JOHN THORN#493, 

REDANAVER#5833, SGT. F. 

CORSINO#8826, P/O. TAGGART#1888 

(DETECTIVE(S)/POLICEMEN/OFFICER(S)),

Respondents

:

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No. 58 EM 2018
ORDER

PER CURIAM

AND NOW, this 3rd day of August, 2018, the Application for Leave to File Original 

Process is GRANTED, and the Petition for Writ of Mandamus and/or Extraordinary Relief 

is DENIED.
EXHIBIT 99.1

DOT HILL SYSTEMS CORP.        OFFICERS' CERTIFICATE

Pursuant to Section 906 of the Corporate Fraud Accountability Act of 2002 (18 U.S.C. § 1350, as adopted), James L. Lambert, Chief Executive Officer of
Dot Hill Systems Corp. (the "Company"), and Preston Romm, the Chief Financial Officer of the Company, each hereby certify that, to the best of their knowledge:

1.    The
Company's Annual Report on Form 10-K for the year ended December 31, 2002, and to which this Certification is attached as Exhibit 99.1 (the "Annual Report") fully
complies with the requirements of section 13(a) or section 15(d) of the Securities Exchange Act of 1934, as amended.

2.    The
information contained in the Annual Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

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

This
certification "accompanies" the Annual Report, is not deemed filed with the SEC and is not to be incorporated by reference into any filing of the Company under the Securities Act of
1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made before or after the date of the Form 10-K), irrespective of any general incorporation language contained in such
filing.

In Witness Whereof, the undersigned have set their hands hereto as of the    th day of March, 2003.

|                                                            |  |                                                    
|----------------------------------------------------------- |  | ---------------------------------------------------
|/s/JAMES L. LAMBERTJames L. Lambert Chief Executive
Officer |  | /s/PRESTON ROMMPreston Romm Chief Financial Officer

---

QuickLinks
Exhibit
32.1








CERTIFICATION
PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT 0F 2002





In
connection with the Quarterly Report of Across America Real Estate Exchange,
Inc. (the Company") on Form 10-Q for the period ended herein as filed with the
Securities and Exchange Commission (the "Report"), I. Brian L. Klemsz, Chief
Executive and Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. ss.1350, as adopted pursuant to ss.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 fully presents, in all material respects,
the financial condition and results of operations or the
Company.




Date: May 13 ,
      2009
              ACROSS AMERICA
      REAL ESTATE EXCHANGE, INC./s/ Brian L.
      Klemsz
                Chief Executive Officer
                Chief Financial Officer
[Federal Register Volume 61, Number 125 (Thursday, June 27, 1996)]
[Notices]
[Pages 33535-33536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16363]


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

DEPARTMENT OF THE INTERIOR
[CO-934-96-1310-01; COC47017]


Colorado; Proposed Reinstatement of Terminated Oil and Gas Lease

    Under the provisions of Public Law 97-451, a petition for 
reinstatement of oil and gas lease COC47017, Garfield County, Colorado, 
was timely filed and was accompanied by all required rentals and 
royalties accruing from April 1, 1996, the date of termination.
    No valid lease has been issued affecting the lands. The lessee has 
agreed to new lease terms for rentals and royalties at rates of $5 per 
acre and 16-\2/3\ percent, respectively. The lessee has paid the 
required $500 administrative fee for the lease and has reimbursed the 
Bureau of Land Management for the cost of this Federal Register notice.
    Having met all the requirements for reinstatement of the lease as 
set out in section 31 (d) and (e) of the Mineral

[[Page 33536]]

Leasing Act of 1920, as amended, (30 U.S.C. 188 (d) and (e), the Bureau 
of Land Management is proposing to reinstate the lease effective April 
1, 1996, subject to the original terms and condition of the lease and 
the increased rental and royalty rates cited above.
    Questions concerning this notice may be directed to Milada 
Krasilinec of the Colorado State Office (303) 239-3767.

    Dated: June 17, 1996.
Milada Krasilinec,
Land Law Examiner, Oil and Gas Lease Management Team.
[FR Doc. 96-16363 Filed 6-26-96; 8:45 am]
BILLING CODE 4310-JB-M
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 Pervasive Software Inc. (the Company) on Form 10-K for the fiscal year ended June 30, 2011, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, John E. Farr,
President and Chief Executive Officer of the Company, and I, Randall G. Jonkers, Chief Financial Officer 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 to the best of our knowledge:

(i) The Report fully complies with the requirements of section 13(a) or 15(d) of the
Securities Exchange Act of 1934; and

(ii)The information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the Company.

Date: September 13, 2011

/s/    John E. FarrJohn E. FarrPresident and Chief Executive Officer


Date: September 13, 2011

/s/    Randall G. JonkersRandall G. JonkersChief Financial Officer


This certification accompanies this Report on Form 10-K pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002 and shall not, except to the extent required by such Act, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the Exchange Act). Such certification will not be deemed
to be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Exchange Act, except to the extent that the Company specifically incorporates it by reference.
Exhibit 32.2

CERTIFICATION BY CHIEF FINANCIAL OFFICER

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 CAI International, Inc. (the Company) on
Form 10-Q for the period ended March 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Victor M. Garcia, Senior Vice President and Chief Executive Officer 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date: May 12, 2008



/s/ VICTOR M. GARCIAVictor M. Garcia Senior Vice President and Chief
Financial Officer
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

NORTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff, CASE NO: 09-20006-10

v. DISTRICT JUDGE THOMAS L. LUDINGTON

MAGISTRATE JUDGE CHARLES E. BINDER

DAWN SANTOVIZ,

also known as Dawn Schwerin,

Defendant.

/

MAGISTRATE JUDGE’S REPORT, FINDINGS AND 

RECOMMENDATION CONCERNING PLEA OF GUILTY

I. REPORT AND FINDINGS

On September 21, 2009, this case was referred to the undersigned magistrate judge pursuant

to 28 U.S.C. §§ 636(b)(1)(B) and 636(b)(3) for purposes of receiving, on consent of the parties,

Defendant’s offer of a plea of guilty. Defendant, along with counsel, appeared before me on

September 21, 2009. In open court, I examined Defendant under oath, confirmed Defendant’s

consent, and then advised and questioned Defendant regarding each of the inquiries prescribed by

Rule 11(b) of the Federal Rules of Criminal Procedure.

Based upon Defendant’s answers and demeanor, I HEREBY FIND: (1) that Defendant

is competent to tender a plea; (2) that Defendant’s plea was knowingly, intelligently made; and (3)

that the offense(s) to which Defendant pleaded guilty is(are) supported by an independent basis

in fact containing each of the essential elements of the offense(s). Therefore, I have ordered the

preparation of a presentence investigation report.

1:09-cr-20006-TLL-CEB Doc # 117 Filed 09/22/09 Pg 1 of 2 Pg ID 337
2

II. RECOMMENDATION

For the reasons set forth above, IT IS RECOMMENDED that, subject to the Court’s

consideration of the plea agreement pursuant to Rule 11(c) of the Federal Rules of Criminal

Procedure, Defendant be adjudged guilty and sentence be imposed.

III. REVIEW

The parties to this action may object to and seek review of this Report and Recommendation

within ten (10) days of service of a copy hereof as provided for in 28 U.S.C. § 636(b)(1). Failure

to file specific objections constitutes a waiver of any further right of appeal. Thomas v. Arn, 474

U.S. 140, 106 S. Ct. 466, 88 L. Ed.2d 435 (1985); Frontier Ins. Co. v. Blaty, 454 F.3d 590, 596

(6th Cir. 2006); United States v. Sullivan, 431 F.3d 976, 984 (6th Cir. 2005). The parties are

advised that making some objections, but failing to raise others, will not preserve all the objections

a party may have to this Report and Recommendation. McClanahan v. Comm’r of Social Security,

474 F.3d 830, 837 (6th Cir. 2006); Frontier Ins. Co., 454 F.3d at 596-97. Pursuant to E.D. Mich.

LR 72.1(d)(2), a copy of any objections is to be served upon this magistrate judge.

 s/ Charles` E Binder 

CHARLES E. BINDER 

Dated: September 22, 2009 United States Magistrate Judge

1:09-cr-20006-TLL-CEB Doc # 117 Filed 09/22/09 Pg 2 of 2 Pg ID 338
* 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. 04-41686

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

EDUARDO EFRAIN CHAVEZ,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 5:04-CR-1215-ALL

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

Before BENAVIDES, CLEMENT, and PRADO, Circuit Judges.

PER CURIAM:*

Eduardo Efrain Chavez appeals his guilty-plea conviction and

sentence for possession of more than 1,000 kilograms of marijuana

with intent to distribute, in violation of 21 U.S.C. § 841(a) and

(b)(1)(A). He argues that the sentencing provisions of 21 U.S.C.

§ 841(b) are unconstitutional in light of Apprendi v. New Jersey,

530 U.S. 466, 490 (2000). Chavez concedes that his argument is

foreclosed by our opinion in United States v. Slaughter, 238 F.3d

580, 581-82 (5th Cir. 2000). See United States v. ValenzuelaQuevedo, 407 F.3d 728, 731 (5th Cir. 2005), petition for cert.
No. 04-41686

-2-

filed (July 25, 2005)(No. 05-5556). He raises the issue only to

preserve it for further review. Accordingly, Chavez’s argument

is foreclosed, and the judgment of the district court is

AFFIRMED.