alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH C IR . 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals Fifth Circuit 

## FILED August 20, 2003 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-50297 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus MARTIN LOPEZ-LOPEZ, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. EP-02-CR-1760-PRM

-------------------- Before JONES, WIENER, and BENAVIDES, Circuit Judges.
PER CURIAM: * Martin Lopez-Lopez appeals the sentence imposed following his guilty plea conviction of being found in the United States after deportation/removal in violation of 8 U.S.C. § 1326. Lopez contends that 8 U.S.C. § 1326(a) and 8 U.S.C. § 1326(b) define separate offenses. He argues that the prior conviction that resulted in his increased sentence is an element of a separate offense under 8 U.S.C. § 1326(b) that should have been alleged in his indictment. Lopez maintains that he pleaded guilty to anNo. 03-50297 -2- indictment which charged only simple reentry under 8 U.S.C. § 1326(a). He argues that his sentence exceeds the two-year maximum term of imprisonment which may be imposed for that offense.
In Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998), the Supreme Court held that the enhanced penalties in 8 U.S.C. § 1326(b) are sentencing provisions, not elements of separate offenses. The Court further held that the sentencing provisions do not violate the Due Process Clause. Id. at 239-47. Lopez acknowledges that his argument is foreclosed by Almendarez-Torres , but asserts that the decision has been cast into doubt by Apprendi v. New Jersey , 530 U.S. 466, 490 (2000). He seeks to preserve his argument for further review. Apprendi did not overrule Almendarez-Torres
. See Apprendi , 530 U.S. at 489-90; United States v. Dabeit , 231 F.3d 979, 984 (5th Cir. 2000). This court must follow 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). The judgment of the district court is
AFFIRMED. The Government has moved for a summary affirmance in lieu of filing an appellee’s brief. In its motion, the Government asks that an appellee’s brief not be required. The motion is GRANTED.
AFFIRMED; MOTION GRANTED.
EXHIBIT 23 

Report of Expert Jeffrey Eiser 

2:09-cv-10648-DML-MJH Doc # 106-23 Filed 05/10/10 Pg 1 of 19 Pg ID 2246
2:09-cv-10648-DML-MJH Doc # 106-23 Filed 05/10/10 Pg 2 of 19 Pg ID 2247
2:09-cv-10648-DML-MJH Doc # 106-23 Filed 05/10/10 Pg 3 of 19 Pg ID 2248
2:09-cv-10648-DML-MJH Doc # 106-23 Filed 05/10/10 Pg 4 of 19 Pg ID 2249
2:09-cv-10648-DML-MJH Doc # 106-23 Filed 05/10/10 Pg 5 of 19 Pg ID 2250
2:09-cv-10648-DML-MJH Doc # 106-23 Filed 05/10/10 Pg 6 of 19 Pg ID 2251
2:09-cv-10648-DML-MJH Doc # 106-23 Filed 05/10/10 Pg 7 of 19 Pg ID 2252
2:09-cv-10648-DML-MJH Doc # 106-23 Filed 05/10/10 Pg 8 of 19 Pg ID 2253
2:09-cv-10648-DML-MJH Doc # 106-23 Filed 05/10/10 Pg 9 of 19 Pg ID 2254
2:09-cv-10648-DML-MJH Doc # 106-23 Filed 05/10/10 Pg 10 of 19 Pg ID 2255
2:09-cv-10648-DML-MJH Doc # 106-23 Filed 05/10/10 Pg 11 of 19 Pg ID 2256
2:09-cv-10648-DML-MJH Doc # 106-23 Filed 05/10/10 Pg 12 of 19 Pg ID 2257
2:09-cv-10648-DML-MJH Doc # 106-23 Filed 05/10/10 Pg 13 of 19 Pg ID 2258
2:09-cv-10648-DML-MJH Doc # 106-23 Filed 05/10/10 Pg 14 of 19 Pg ID 2259
2:09-cv-10648-DML-MJH Doc # 106-23 Filed 05/10/10 Pg 15 of 19 Pg ID 2260
2:09-cv-10648-DML-MJH Doc # 106-23 Filed 05/10/10 Pg 16 of 19 Pg ID 2261
2:09-cv-10648-DML-MJH Doc # 106-23 Filed 05/10/10 Pg 17 of 19 Pg ID 2262
2:09-cv-10648-DML-MJH Doc # 106-23 Filed 05/10/10 Pg 18 of 19 Pg ID 2263
2:09-cv-10648-DML-MJH Doc # 106-23 Filed 05/10/10 Pg 19 of 19 Pg ID 2264
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 04-7565

JAMAL MITCHELL, Plaintiff - Appellant,

versus VINCENT B. LISSI, individually, and in his official capacity as an agent or employee of the Federal Bureau of Investigations; JOHN C. BEVINGTON, individually, and in his official capacity as an agent or employee of the Federal Bureau of Investigations, Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (CA-03-1190-1) Submitted: February 9, 2005 Decided: February 15, 2005 Before WILKINSON, MICHAEL, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Jamal Mitchell, Appellant Pro Se. Patrick Bernard Kernan, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Jamal Mitchell appeals the district court’s order granting summary judgment to Defendants in his action under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics , 403 U.S. 388 (1971). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Mitchell v. Lissi , No. CA-03-1190-1 (E.D. Va. Aug. 30, 2004). We di spense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
<TABLE> <S> <C>

<ARTICLE>                                            9

<MULTIPLIER>                                   1,000


<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-END>                                   DEC-31-1999
<CASH>                                         72,266
<INT-BEARING-DEPOSITS>                          8,732
<FED-FUNDS-SOLD>                               20,400
<TRADING-ASSETS>                                    0
<INVESTMENTS-HELD-FOR-SALE>                 1,963,954
<INVESTMENTS-CARRYING>                              0
<INVESTMENTS-MARKET>                                0
<LOANS>                                     2,210,898
<ALLOWANCE>                                    14,271
<TOTAL-ASSETS>                              4,489,314
<DEPOSITS>                                  1,820,232
<SHORT-TERM>                                1,225,022
<LIABILITIES-OTHER>                            48,293
<LONG-TERM>                                   824,389
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<COMMON>                                          451
<OTHER-SE>                                    570,926
<TOTAL-LIABILITIES-AND-EQUITY>              4,489,314
<INTEREST-LOAN>                               139,197
<INTEREST-INVEST>                             136,023
<INTEREST-OTHER>                                2,253
<INTEREST-TOTAL>                              277,473
<INTEREST-DEPOSIT>                             49,345
<INTEREST-EXPENSE>                            139,064
<INTEREST-INCOME-NET>                         138,409
<LOAN-LOSSES>                                  (1,843)
<SECURITIES-GAINS>                             (5,531)
<EXPENSE-OTHER>                                82,971
<INCOME-PRETAX>                                88,134
<INCOME-PRE-EXTRAORDINARY>                     88,134
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                   52,875
<EPS-BASIC>                                      1.40
<EPS-DILUTED>                                    1.40
<YIELD-ACTUAL>                                   7.01
<LOANS-NON>                                    12,474
<LOANS-PAST>                                    6,886
<LOANS-TROUBLED>                                    0
<LOANS-PROBLEM>                                 4,768
<ALLOWANCE-OPEN>                               16,617
<CHARGE-OFFS>                                   1,665
<RECOVERIES>                                    1,162
<ALLOWANCE-CLOSE>                              14,271
<ALLOWANCE-DOMESTIC>                           14,271
<ALLOWANCE-FOREIGN>                                 0
<ALLOWANCE-UNALLOCATED>                             0



</TABLE>
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

PAULA KUCHCIAK,

Plaintiff,

v.

CLARICE STOVALL,

Defendant.

/

Case No. 09-10797

District Judge Arthur J. Tarnow

Magistrate Judge Charles E. Binder

ORDER ADOPTING REPORT AND RECOMMENDATION [DE 11],

AND DISMISSING CASE

Before the Court is the Magistrate Judge’s Report and Recommendation [DE 11], filed

August 7, 2009. The Report and Recommendation recommended that the case be sua sponte

dismissed for failure to state a claim upon which relief may be granted 

By the August 24, 2009, deadline, Plaintiff had filed no objections to the Report and

Recommendation. There having been no objection, and the Court being fully advised in the

premises,

IT IS HEREBY ORDERED that the Report and Recommendation of Magistrate Judge

Binder [DE 11] is ADOPTED.

IT IS FURTHER ORDERED that this case is DISMISSED for the reasons stated in the

Report and Recommendation.

SO ORDERED.

S/Arthur J. Tarnow 

Arthur J. Tarnow

United States District Judge

Dated: August 26, 2009

I hereby certify that a copy of the foregoing document was served upon parties/counsel of record on August

26, 2009, by electronic and/or ordinary mail.

S/Catherine A. Pickles 

Judicial Secretary

2:09-cv-10797-AJT-CEB Doc # 12 Filed 08/26/09 Pg 1 of 1 Pg ID 40
[Federal Register Volume 61, Number 132 (Tuesday, July 9, 1996)]
[Notices]
[Page 36080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17424]


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

DEPARTMENT OF THE INTERIOR
National Park Service


Acadia National Park Bar Harbor, MA; Acadia National Park 
Advisory Commission; Notice of Meeting

    Notice is hereby given in accordance with the Federal Advisory 
Committee Act (Public Law 92-463, 86 Stat. 770, 5 U.S.C. Ap. 1, Sec. 
10), that the Acadia National Park Advisory Commission will hold a 
meeting on Monday, August 5, 1996.
    The Commission was established pursuant to Public Law 99-420, Sec. 
103. The purpose of the commission is to consult with the Secretary of 
the Interior, or his designee, on matters relating to the management 
and development of the park, including but not limited to the 
acquisition of lands and interests in lands (including conservation 
easements on islands) and termination of rights of use and occupancy.
    The meeting will convene at park headquarters, Acadia National 
Park, Rt. 233, Bar Harbor, Maine, at 1:00 p.m. to consider the 
following agenda:

1. Review and approval of minutes from the meeting held May 13, 
1996.
2. Report of the following subcommittees:
    A. Conservation Easement
    B. Acquisition
    C. Planning
3. Bylaw changes.
4. Superintendent's report: Tour of park facilities; i.e., carriage 
roads, gatehouse exteriors, Jordan Pond House and trails.
5. Public comments.
6. Proposed agenda and date of next Commission meeting to be held 
jointly with Friends of Acadia leaders and Board, and League of 
Towns members.

    The meeting is open to the public. Interested persons may make 
oral/written presentations to the Commission or file written 
statements. Such requests should be made to the Superintendent at least 
seven days prior to the meeting to: Superintendent, Acadia National 
Park, P.O. Box 177, Bar Harbor, Maine 04609-0177, tel: (207) 288-3338.

    Dated: June 26, 1996.
Paul F. Haertel,
Superintendent, Acadia National Park.
[FR Doc. 96-17424 Filed 7-8-96; 8:45 am]
BILLING CODE 4310-70-P
Converted by EDGARwiz


DESCRIPTION OF MATIRIAL 

LOAN FROM MR.BRAKIN TO 

KANGE CORP.

 

Mr. Dmitri Brakin, the director of Kange Corp. has entered into an unwritten agreement with the Company, Kange Corp. in which he has loaned to the Company $678 on August 16, 2013 and $500 on November 30, 2013 for a total loan of $1,178. The advance is unsecured, payable on demand, and not interest bearing.
Exhibit 32.1

CERTIFICATION PURSUANT TO18 U.S.C. Section 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Printing Components 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 here of (the "report"), I, Herb Adams, 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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|   

Dated this 9thday of May, 2008.

HERB ADAMSHerb AdamsChief Executive Officer


















---
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 amended Form 10-Q of Wellentech
Services, Inc. (the “Company”) for the period ended March 31,
2008 as filed with the Securities and Exchange Commission on the date
hereof (the “Report”), I, Irwin Rapoport, Chief Executive Officer and Principal
Accounting 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 present, in all material
      respects, the financial condition and results of operations of the
      Company.








/S/  Irwin
Rapoport


Irwin
Rapoport


Chief
Executive
Officer




June 2,
2008
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3871 Introduced in House (IH)]

104th CONGRESS
  2d Session
                                H. R. 3871

   To waive temporarily the Medicaid enrollment composition rule for 
               certain health maintenance organizations.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 23, 1996

 Mr. Towns (for himself, Mr. Greenwood, and Mr. Franks of Connecticut) 
 introduced the following bill; which was referred to the Committee on 
                                Commerce

_______________________________________________________________________

                                 A BILL

 
   To waive temporarily the Medicaid enrollment composition rule for 
               certain health maintenance organizations.

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

SECTION 1. WAIVER OF 75/25 MEDICAID ENROLLMENT RULE FOR CERTAIN MANAGED 
              CARE ORGANIZATIONS.

    The requirement of section 1903(m)(2)(A)(ii) of the Social Security 
Act is waived--
            (1) with respect to Catholic Health Services Plan of 
        Brooklyn and Queens, Inc. (doing business as Fidelis Health 
        Plan) and Managed Healthcare Systems of New York, Inc., for 
        contract periods through January 1, 1999, and
            (2) with respect to Health Partners of Philadelphia, Inc., 
        for contract periods through December 31, 1999.
                                 <all>
```
<PAGE>


                                                                    Exhibit 99.1

                                  [CHASE LOGO]


Chase Manhattan Bank USA, N.A.
Wilmington, DE

March 26, 2001



Management Report on Internal Control Over Servicing of Securitized Automobile
Financing Receivables

Management of The Chase Manhattan Bank USA, N.A. is responsible for establishing
and maintaining an effective system of internal control over servicing of
securitized automobile financing receivables, which is designed to provide
reasonable assurance regarding the proper servicing of securitized automobile
financing receivables. The system contains self-monitoring mechanisms, and
actions are taken to correct deficiencies as they are identified.

There are inherent limitations in the effectiveness of any system of internal
control, including the possibility of human error and the circumvention or
overriding of controls. Accordingly, even an effective internal control system
can provide only reasonable assurance with respect to servicing of securitized
automobile financing receivables. Further, because of changes in conditions, the
effectiveness of an internal control system may vary over time.

Management of The Chase Manhattan Bank USA, N.A. assessed its system of internal
control over servicing of securitized automobile financing receivables as of
December 31, 2000 in relation to criteria for effective internal control
described in "Internal Control - Integrated Framework" issued by the Committee
of Sponsoring Organizations of the Treadway Commission. Based on this
assessment, management believes that, as of December 31, 2000, the Chase
Manhattan Bank USA, N.A. maintained an effective system of internal control over
servicing of securitized automobile financing receivables.


                                                 /s/ Keith Schuck
                                                 --------------------------
                                                 Keith Schuck
                                                 Vice President
                                                 Chase Manhattan Bank USA, N.A.
#### John J. COSTELLO, Jr., M.D., P.A. and All Saints Episcopal Hospital, A Non-Profit Corporation d/b/a All Saints Episcopal Hospital v. William J. SMITH and Debra Smith.

No. D-4473.

Supreme Court of Texas.

Oct. 6, 1994.

Joint Motion of the parties filed herein on September 16, 1994, is granted in part with the following notation: *“See Houston Cable TV, Inc. v. Inwood West Civic Ass’n,*860 S.W.2d 72, 73 (Tex.1993)”. The applications for writ of error, previously granted on April 20, 1994, are granted without reference to the merits; the judgments of the courts below are set aside without reference to the merits, and the cause is remanded to the trial court for entry of judgment in accordance with the settlement agreement of the parties.
[Federal Register Volume 61, Number 125 (Thursday, June 27, 1996)]
[Notices]
[Pages 33537-33538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16612]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION


Sunshine Act Meeting

[USITC SE-96-13]

AGENCY HOLDING THE MEETING: United States International Trade 
Commission.

TIME AND DATES: July 2, 1996 at 9:30 a.m.

PLACE: Room 101, 500 E Street S.W., Washington, DC 20436.

STATUS: Open to the public.

MATTERS TO BE CONSIDERED:

1. Agenda for future meeting
2. Minutes
3. Ratification List
4. Inv. Nos. TA-201-65 and NAFTA-302-1 (Injury) (Broom Corn 
Brooms)--briefing and vote.
5. Inv. No. TA-201-66 (Injury) (Fresh Tomatoes and Bell Peppers) --
briefing and vote.
6. Outstanding action jackets:

[[Page 33538]]

    1. GC-96-031, Notice of amendments to Parts 201 and 207 of Rules 
of Practice and Procedure (Title VII matters).

    In accordance with Commission policy, subject matter listed above, 
not disposed of at the scheduled meeting, may be carried over to the 
agenda of the following meeting.

    By order of the Commission.

    Issued: June 25, 1996.
Donna R. Koehnke,
Secretary.
[FR Doc. 96-16612 Filed 6-25-96; 2:43 pm]
BILLING CODE 7020-02-P
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3834 Received in Senate (RDS)]

104th CONGRESS
  2d Session
                                H. R. 3834

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 31, 1996

                                Received

_______________________________________________________________________

                                 AN ACT

 
  To redesignate the Dunning Post Office in Chicago, Illinois, as the 
                  ``Roger P. McAuliffe Post Office''.

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

SECTION 1. REDESIGNATION.

    The Dunning Post Office, located at 6441 West Irving Park Road, 
Chicago, Illinois, shall be redesignated and known as the ``Roger P. 
McAuliffe Post Office''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the United States Post Office referred 
to in section 1 shall be deemed to be a reference to the ``Roger P. 
McAuliffe Post Office''.

            Passed the House of Representatives July 30, 1996.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.
```