alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. Antonio CASARES-MELENDEZ, also known as Tony Casares, also known as Antonio Melendez Casares, Defendant-Appellant.

No. 03-50088.

United States Court of Appeals, Fifth Circuit.

Aug. 20, 2003.

Before JONES, WIENER, and BENAVIDES, Circuit Judges.

PER CURIAM.*

Antonio Casares-Melendez 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. Casares-Melendez 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. Casares-Melendez maintains that he pleaded guilty to an 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, 118 S.Ct. 1219, 140 L.Ed.2d 350 (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, 118 S.Ct. 1219. Casares-Melendez 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, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). He seeks to preserve his argument for further 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 *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.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6845 Engrossed in House (EH)]

<DOC>
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
117th CONGRESS
  2d Session
                                H. R. 6845

_______________________________________________________________________

                                 AN ACT

 
   To provide for transparent licensing of commercial remote sensing 
                                systems.

    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 ``Commercial Remote Sensing Amendment 
Act of 2022''.

SEC. 2. ANNUAL REPORTS.

    (a) Deadlines.--
            (1) In general.--Section 60121(c) of title 51, United 
        States Code, is amended by striking ``120'' and inserting 
        ``60''.
            (2) Conforming amendment.--Section 60126(a)(1)(E) of title 
        51, United States Code, is amended by striking ``120'' and 
        inserting ``60''.
    (b) Notifications.--Section 60126(a)(2) of title 51, United States 
Code, is amended by striking ``section 60122; and'' and inserting 
``paragraphs (5) and (6) of section 60122(b);''.
    (c) Conditions.--Section 60126(a) of title 51, United States Code, 
is amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by inserting after paragraph (2) the following:
            ``(3) all terms, conditions, or restrictions placed on 
        licensees pursuant to section 60122; and''.
    (d) Tiers.--Section 60126(a)(1) of title 51, United States Code, is 
amended--
            (1) in subparagraph (D), by striking ``and'' at the end;
            (2) in subparagraph (E), by inserting ``and'' at the end; 
        and
            (3) by adding at the end the following:
                    ``(F) a list of all applications submitted and 
                licenses granted in accordance therewith, listed by 
                tier as defined in regulation, as well as the rationale 
                for each tier categorization;''.
    (e) Sunset.--Section 60126 of title 51, United States Code, is 
amended by striking ``September 30, 2020'' and inserting ``September 
30, 2030''.

            Passed the House of Representatives July 26, 2022.

            Attest:

                                                                 Clerk.
117th CONGRESS

  2d Session

                               H. R. 6845

_______________________________________________________________________

                                 AN ACT

   To provide for transparent licensing of commercial remote sensing 
                                systems.
```
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6845 Introduced in House (IH)]

<DOC>

117th CONGRESS
  2d Session
                                H. R. 6845

   To provide for transparent licensing of commercial remote sensing 
                                systems.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 25, 2022

  Mr. Lucas (for himself and Mr. Perlmutter) introduced the following 
   bill; which was referred to the Committee on Science, Space, and 
                               Technology

_______________________________________________________________________

                                 A BILL

 
   To provide for transparent licensing of commercial remote sensing 
                                systems.

    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 ``Commercial Remote Sensing Amendment 
Act of 2022''.

SEC. 2. ANNUAL REPORTS.

    (a) Deadlines.--
            (1) In general.--Section 60121(c) of title 51, United 
        States Code, is amended by striking ``120'' and inserting 
        ``60''.
            (2) Conforming amendment.--Section 60126(a)(1)(E) of title 
        51, United States Code, is amended by striking ``120'' and 
        inserting ``60''.
    (b) Notifications.--Section 60126(a)(2) of title 51, United States 
Code, is amended by striking ``section 60122; and'' and inserting 
``paragraphs (5) and (6) of section 60122(b);''.
    (c) Conditions.--Section 60126(a) of title 51, United States Code, 
is amended--
            (1) by redesignating paragraph (3) as paragraph (4);
            (2) in paragraph (2), by striking ``and'' at the end; and
            (3) by inserting after paragraph (2) the following:
            ``(3) all terms, conditions, or restrictions placed on 
        licensees pursuant to section 60122; and''.
    (d) Tiers.--Section 60126(a)(1) of title 51, United States Code, is 
amended--
            (1) in subparagraph (D), by striking ``and'' at the end;
            (2) in subparagraph (E), by inserting ``and'' at the end; 
        and
            (3) by adding at the end the following:
                    ``(F) a list of all applications, listed by tier as 
                defined in regulation, as well as the rationale for 
                each tier categorization;''.
    (e) Sunset.--Section 60126 of title 51, United States Code, is 
amended by striking subsection (c).
                                 <all>
```
exv10w3



 






EXHIBIT
10.3




Schedule of Grants
Made Under Form of 2005-2007 Performance Share Agreement




	 	 	 	 	 	 	 	 	 	 	 
	Name	 	Title	 	No. of Shares	 	 	Plan
Governing Grant
	David Goronkin
	 	Chief Executive Officer
	 	 	44,630	 	 	1995 Stock Option and
Compensation Plan
	 
	 	 	 	 	 	 	 	 
	Diana Purcel
	 	Vice President, Chief Financial Officer & Secretary
	 	 	14,628	 	 	1995 Stock Option and
Compensation Plan
	 
	 	 	 	 	 	 	 	 
	Christopher O’Donnell
	 	Senior Vice President - Operations
	 	 	14,628	 	 	1995 Stock Option and
Compensation Plan
	 
	 	 	 	 	 	 	 	 
	Additional Employees
	 	 	 	 	 	 	62,534	 	 	1997 Employee Stock Option Plan
	 
	 	 	 	 	 	 	 	 
	Total
	 	 	 	 	 	 	136,420
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING 

MOTION AND, IF FILED, DETERMINED 

IN THE DISTRICT COURT OF APPEAL 

OF FLORIDA 

SECOND DISTRICT 

JAMES M. HENDRIX, DOC #T17743, ) 

 ) 

 Appellant, ) 

 ) 

v. ) Case No. 2D16-1266 

 ) 

STATE OF FLORIDA, ) 

 ) 

 Appellee. ) 

 ) 

Opinion filed August 9, 2017. 

Appeal from the Circuit Court for Polk 

County; Glenn T. Shelby and James A. 

Yancey, Judges. 

Howard L. Dimmig, II, Public Defender, 

and Cynthia J. Dodge, Assistant Public 

Defender, Bartow, for Appellant. 

Pamela Jo Bondi, Attorney General, 

Tallahassee, and Brandon R. Christian, 

Assistant Attorney General, Tampa, for 

Appellee. 

ROTHSTEIN-YOUAKIM, Judge.

 James M. Hendrix appeals the judgment and sentence entered after a jury 

found him guilty of two counts of burglary of a dwelling and two counts of grand theft. 

We reject Hendrix's argument that the trial court, after appointing an expert to evaluate 
- 2 -

his competency to proceed to trial, failed to hold an adequate competency hearing and 

failed to sufficiently determine that he was competent to proceed; the record establishes 

that the court properly made an independent determination of Hendrix's competency. 

See Arnold v. State, 214 So. 3d 739, 740 (Fla. 2d DCA 2017).

The trial court, however, only orally pronounced this determination and did 

not enter a written order of competency as required by Florida Rule of Criminal 

Procedure 3.212(b). The unsigned "memo of sentence/order of the court," which was 

filed with the clerk of the circuit court following the competency hearing and states 

"Comp Hrg-Held-Evals Rec: Deft Comp to proceed," does not satisfy the requirement of 

a written competency order. See Shakes v. State, 185 So. 3d 679, 682 n.2 (Fla. 2d 

DCA 2016) (citing Carroll v. State, 157 So. 3d 385, 386 (Fla. 2d DCA 2015)); see also 

Phillips v. State, 198 So. 3d 789, 790 n.2 (Fla. 2d DCA 2016) (collecting cases in which 

this court has repeatedly discouraged use of "memo of sentence/order of the court"). 

Accordingly, we affirm Hendrix's judgment and sentence but remand for 

the entry of a nunc pro tunc written order adjudicating him competent to proceed. See 

Arnold, 214 So. 3d at 740 (citing Holland v. State, 185 So. 3d 636, 637 (Fla. 2d DCA 

2016)). 

Affirmed; remanded with directions. 

VILLANTI and CRENSHAW, JJ., Concur.
[Federal Register Volume 73, Number 169 (Friday, August 29, 2008)]
[Notices]
[Pages 50971-50972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20126]


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

FEDERAL COMMUNICATIONS COMMISSION

[Report No. 2872]


Petitions for Reconsideration and Clarification of Action in 
Rulemaking Proceeding

August 20, 2008.
    Petitions for Reconsideration have been filed in the Commission's 
Rulemaking proceeding listed in this Public Notice and published 
pursuant to 47 CFR Section 1.429(e). The full text of

[[Page 50972]]

these documents is available for viewing and copying in Room CY-B402, 
445 12th Street, SW., Washington, DC or may be purchased from the 
Commission's copy contractor, Best Copy and Printing, Inc. (BCPI) (1)-
800-378-3160). Oppositions to these petitions must be filed by 
September 15, 2008. See Section 1.4(b)(1) of the Commission's rules (47 
CFR 1.4(b)(1)). Replies to oppositions must be filed within 10 days 
after the time for filing oppositions have expired.
    Subject: In the Matter of Telecommunications Relay Services and 
Speech-to-Speech Services for Individuals with Hearing and Speech 
Disabilities (CG Docket No. 03-123).
    E911 Requirements for IP-Enabled Service Providers (WC Docket No. 
05-196).
    Number of Petitions Filed: 2.

Marlene H. Dortch,
Secretary.
[FR Doc. E8-20126 Filed 8-28-08; 8:45 am]
BILLING CODE 6712-01-P
CERTIFICATION OF PERIODIC REPORT


I,  R.  Ian  Rigg,  Chief  Financial  Officer  of Mercer International Inc. (the
"Company"),  certify  pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
18  U.S.C.  Section  1350,  that:

     (1)  the  Quarterly  Report  on  Form 10-Q of the Company for the quarterly
          period  ended  June  30,  2003  (the "Report") fully complies with the
          requirements  of  Section 13(a) 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.

Dated:  August  14,  2003


                                             /s/ R.  Ian  Rigg
                                             ------------------------------
                                             R.  Ian  Rigg
                                             Chief  Financial  Officer


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

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

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Nuclear Regulatory Commission

          - [Docket Nos. 50-250-OLA, 50-251-OLA; ASLBP No. 08-869-03-OLA-BD01]

                    Pursuant to delegation by the Commission dated December 29, 1972, published in the                     **Federal Register**                    , 37 FR 28,710 (1972), and the Commission's regulations,                     *see*10 CFR 2.104, 2.300, 2.303, 2.309, 2.311, 2.318, and 2.321, notice is hereby given that an Atomic Safety and Licensing Board (Board) is being established to preside over the following proceeding:                

## Florida Power and Light Company

### (Turkey Point Nuclear Plant Units 3 and 4)

This proceeding involves a license amendment request from Florida Power and Light Company that would remove notes associated with License Amendment Nos. 221 and 230 at its Turkey Point Nuclear Plant in Miami-Dade County, Florida. In response to a July 29, 2008 Notice of Consideration of Issuance of Amendments to a Facility Operating Licenses, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing (73 FR 43,953, 43,956), a request for hearing has been submitted by Thomas Saporito on behalf of himself and Saporito Energy Consultants.

The Board is comprised of the following administrative judges:

William J. Froehlich, Chair, Atomic Safety and Licensing Board Panel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001 

Thomas S. Moore, Atomic Safety and Licensing Board Panel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001 

Michael F. Kennedy, Atomic Safety and Licensing Board Panel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001

All correspondence, documents, and other materials shall be filed in accordance with the NRC E-Filing rule, which the NRC promulgated in August 2007 (72 FR 49,139).

Issued at Rockville, Maryland, this 21st day of August, 2008.

E. Roy Hawkens,

Chief Administrative Judge, Atomic Safety and Licensing Board Panel.

[FR Doc. E8-19834 Filed 8-26-08; 8:45 am]

BILLING CODE 7590-01-P
**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**

 

**CERTIFICATION OF THECHIEF EXECUTIVE OFFICER**

 

In connection with the Quarterly Report on Form 10-Q of PrecisionCastparts Corp. (the “Company”) for the fiscal period ended January 1,2006 as filed with the Securities and Exchange Commission on the date hereof(the “Report”), I, Mark Donegan, Chief Executive Officer of the Company,certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906of the Sarbanes-Oxley Act of 2002, that:

 

(1)          The Report fully complies with the requirements of section 13(a) or15(d) of the Securities Exchange Act of 1934; and

 

(2)          The information contained in the Report fairly presents, in allmaterial respects, the financial condition and results of operations of theCompany.

 

Date: February 17, 2006

 
| /s/ Mark Donegan                     |   |
|--------------------------------------|--------|
| Mark Donegan                         |
| Chairman and Chief Executive Officer |

 

1

----
**Exhibit
      32.1**





**Certification
      Pursuant to 18 U.S.C. §1350, as Adopted Pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002**








In
      connection with the Quarterly Report
      of Nature Vision, Inc. (the “Company”) on Form 10-QSB for the period ended June
      30, 2007 as filed with the Securities and Exchange Commission on the date hereof
      (the “Report”), the undersigned, in the capacities listed below, hereby
      certifies, pursuant to 18U.S.C. §1350, as adopted pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002, that:  (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.




**Nature
                  Vision, Inc.**Date:
                  August 14, 2007
              By:
              /s/Jeffrey
                  P. ZernovJeffrey
                  P. ZernovChief
                  Executive Officer and President(principal
                  executive officer)Date:
                  August 14, 2007
              By:
              /s/Michael
                  R. DayMichael
                  R. DayChief
                  Financial Officer(principal
                  financial officer)




A
      signed original of this written
      statement required by Section 906 has been provided to Nature Vision, Inc.
      and
      will be retained by Nature Vision, Inc. and furnished to the Securities and
      Exchange Commission or its staff upon request.
Exhibit 32.2



CERTIFICATION



Pursuant to 18 U.S.C. § 1350, the undersigned officer of THE POTOMAC EDISON COMPANY (the Company), hereby certifies, to such
officers knowledge, that the Companys Quarterly Report on Form 10-Q for the fiscal quarter ended September 30, 2005 (the Report) fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 and
that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                 |  |                                              
|---------------- |  | ---------------------------------------------
|                 |  | /s/ Jeffrey D. Serkes                        
|November 4, 2005 |  | Jeffrey D. Serkes Principal Financial
Officer
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Treasury

###### Internal Revenue Service 

# AGENCY:

Internal Revenue Service (IRS), Treasury. 

# ACTION:

Correction to notice of meeting. 

# SUMMARY:

An open meeting of the Area 3 Taxpayer Advocacy Panel will be conducted. The Taxpayer Advocacy Panel is soliciting public comment, ideas, and suggestions on improving customer service at the Internal Revenue Service. 

# DATES:

The meeting will be held Thursday, February 28, 2008, 1 to 5 p.m., Friday, February 29, 2008, 8 a.m. to 5 p.m., and Saturday, March 1, 2008, 8 a.m. to Noon Eastern Time. 

# FOR FURTHER INFORMATION CONTACT:

Sallie Chavez at 1-888-912-1227, or (954) 423-7979. 

# SUPPLEMENTARY INFORMATION:

                    Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that a meeting of the Area 3 Taxpayer Advocacy Panel will be held Thursday, February 28, 2008, 1 to 5 p.m., Friday, February 29, 2008, 8 a.m. to 5 p.m., and Saturday, March 1, 2008, 8 a.m. to Noon Eastern Time, at the Holiday Inn—International Drive Resort, 6515 International Drive, Orlando, Florida. You can submit written comments to the panel by faxing the comments to (954) 423-7975, or by mail to Taxpayer Advocacy Panel, Room 340, 1000 South Pine Island Road, Plantation, FL 33324, or you can contact us at                     *http://www.improveirs.org.*                     This meeting is not required to be open to the public, but because we are always interested in community input we will accept public comments. Please contact Sallie Chavez at 1-888-912-1227 or (954) 423-7979 for more information.                 

The agenda will include the following: Various IRS issues. 

Dated: January 23, 2008. 

Richard Morris, 

Acting Director, Taxpayer Advocacy Panel.

 [FR Doc. E8-2014 Filed 2-1-08; 8:45 am] 

BILLING CODE 4830-01-P