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that this opinion should not be published and is not precedent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. 00-50232

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee

versus

LEROY FLORES ALANIZ,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. MO-99-CR-79-1

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

October 18, 2000

Before SMITH, BARKSDALE, and BENAVIDES, Circuit Judges. 

PER CURIAM:*

Leroy Flores Alaniz (“Alaniz”) appeals his conviction for

being a felon in possession of a firearm. He argues that 18

U.S.C. § 922(g) is unconstitutional or the district court

unconstitutionally applied § 922(g)(1) to his case.

“This court has repeatedly emphasized that the

constitutionality of § 922(g)(1) is not open to question.” See

United States v. De Leon, 170 F.3d 494, 499 (5th Cir.), cert.

denied, 120 S. Ct. 156 (1999). Recent decisions by the Supreme
No. 00-50232

-2-

Court have not altered this ruling. The judgment of the district

court is AFFIRMED.
[Federal Register Volume 73, Number 199 (Tuesday, October 14, 2008)]
[Notices]
[Page 60719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24305]


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

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket Nos. 05-13 and 05-45]


Sunny Wholesale, Inc. Revocation of Registration and Denial of 
Application; Correction

    On October 3, 2008, the Drug Enforcement Administration (DEA) 
published an order in the Federal Register (73 FR 57655) that, among 
other things, revoked the registration of Sunny Wholesale, Inc. In the 
order taking this action, the DEA Certificate of Registration was 
incorrectly cited. The correct Certificate of Registration for Sunny 
Wholesale, Inc., 120 Forest Parkway, Forest Park, Georgia, is 
004550SLY.
    Therefore, the Certificate of Registration referenced at 73 FR 
57668, first column, sixth line down, is corrected to read 
``004550SLY.''

    Dated: October 6, 2008.
Michele M. Leonhart,
Deputy Administrator.
 [FR Doc. E8-24305 Filed 10-10-08; 8:45 am]
BILLING CODE 4410-09-P
[Federal Register Volume 73, Number 199 (Tuesday, October 14, 2008)]
[Notices]
[Page 60752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24318]


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

DEPARTMENT OF TREASURY


Office of the General Counsel; Appointment of Members of the 
Legal Division to the Performance Review Board, Internal Revenue 
Service

    Correction--On September 16, 2008, Volume 73 FR, page <greek-i> 
53490 we issued this notice listing Clarissa Potter, Deputy Chief 
Counsel (Technical) as Chairperson; however, the Chairperson will be H. 
Stephen Kesselman, Deputy Chief Counsel (Operations).
    Under the authority granted to me as Chief Counsel of the Internal 
Revenue Service by the General Counsel of the Department of the 
Treasury by General Counsel Order No. 21 (Rev. 4), pursuant to the 
Civil Service Reform Act, I have appointed the following persons to the 
Legal Division Performance Review Board, Internal Revenue Service 
Panel:
    1. Chairperson, H. Stephen Kesselman, Deputy Chief Counsel 
(Operations).
    2. Roland Barral, Area Counsel (Large and Mid-Size Business).
    3. Ellen T. Friberg, Area Counsel (Small Business/Self Employed).
    4. Steve Larson, Associate Chief Counsel (Financial Institutions 
and Products).
    5. Edward Cronin (Ted), Division Counsel/Associate Chief Counsel 
(Criminal Tax).
    This publication is required by 5 U.S.C. 4314(c)(4).

    Dated: October 7, 2008.
Donald L. Korb,
Chief Counsel, Internal Revenue Service.
 [FR Doc. E8-24318 Filed 10-10-08; 8:45 am]
BILLING CODE 4830-01-P
110TH CONGRESS

1ST SESSION S. 171

AN ACT

To designate the facility of the United States Postal Service

located at 301 Commerce Street in Commerce, Oklahoma, as the ‘‘Mickey Mantle Post Office Building’’.

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

2

S 171 ES

1 SECTION 1. MICKEY MANTLE POST OFFICE BUILDING.

2 (a) DESIGNATION.—The facility of the United States

3 Postal Service located at 301 Commerce Street in Com4 merce, Oklahoma, shall be known and designated as the

5 ‘‘Mickey Mantle Post Office Building’’.

6 (b) REFERENCES.—Any reference in a law, map, reg7 ulation, document, paper, or other record of the United

8 States to the facility referred to in subsection (a) shall

9 be deemed to be a reference to the ‘‘Mickey Mantle Post

10 Office Building’’.

Passed the Senate February 17, 2007.

Attest:

Secretary.
110TH CONGRESS

1ST SESSION S. 171

AN ACT

To designate the facility of the United States PostPost Office Building’’. Commerce, Oklahoma, as the ‘‘Mickey Mantle al Service located at 301 Commerce Street in
| Skip to Content*Release Date: June 7, 2007*Release dates |  Coded tables |  Historical dataCurrent release |  Screen reader |  PDF (450 KB)**L.202 U.S. Deposits in Foreign Countries** |
|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
##### 



Exhibit 12
 Sybase, Inc.
Computation of Ratio of Earnings to Fixed Charges
(Dollars in thousands, except for ratios)
 (Full year for all periods excluding three-months ended 3/31/06)
 Three monthsended March 31,2006
    
    2005
    
    2004
    
    2003
    
    2002
    
    2001Earnings:Income before income taxes
and cumulative effect of an
accounting change
    
    $
    25,003
    
    
    $
    136,714
    
    
    $
    100,966
    
    
    $
    118,095
    
    
    $
    71,209
    
    
    $
    978Add: Fixed charges
    
    
    5,400
    
    
    
    20,233
    
    
    
    11,988
    
    
    
    13,204
    
    
    
    14,556
    
    
    
    10,610Total Earnings, as defined
    
    
    30,403
    
    
    
    156,947
    
    
    
    112,954
    
    
    
    131,299
    
    
    
    85,765
    
    
    
    11,588Fixed ChargesInterest Expense
    
    
    2,358
    
    
    
    8,116
    
    
    
    308
    
    
    
    62
    
    
    
    198
    
    
    
    276Amortization of debt expense
    
    
    492
    
    
    
    1,671
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    Estimated interest portion
on rental expense
    
    
    2,550
    
    
    
    10,446
    
    
    
    11,680
    
    
    
    13,142
    
    
    
    14,358
    
    
    
    10,334Total Fixed Charges
    
    
    5,400
    
    
    
    20,233
    
    
    
    11,988
    
    
    
    13,204
    
    
    
    14,556
    
    
    
    10,610Ratio of earnings to fixed charges
    
    
    5.6
    
    
    
    7.8
    
    
    
    9.4
    
    
    
    9.9
    
    
    
    5.9
    
    
    
    1.1
#### UNITED STATES of America, Appellee, v. Gerson NAGELBERG, Defendant-Appellant.

No. 47, Docket 28172.

United States Court of Appeals Second Circuit.

Argued Oct. 9, 1963.

Decided Oct. 24, 1963.

Irwin Klein, New York City, for defendant-appellant.

Robert J. Geniesse, Asst. U. S. Atty. Southern Dist. of New York, New York City (Robert M. Morgenthau, U. S. Atty., and John S. Martin, Jr., Asst. U. S. Atty., on the brief), for appellee.

Before CLARK, MOORE and KAUFMAN, Circuit Judges.

PER CURIAM.

On July 18, 1962, appellant withdrew an earlier plea of not guilty, and voluntarily entered a plea of guilty to all three counts of an indictment alleging narcotics violations. Four months thereafter, following several adjournments of sentencing, he moved to withdraw the guilty plea on the grounds that he had subsequently cooperated with and been of assistance to governmental authorities. Finding that such cooperation would not, by itself, justify withdrawal of the plea, Judge Murphy denied the motion. Before appellant was finally sentenced to the statutory minimum of five years on each count (the sentences to run concurrently), and eight months after the entry of the plea of guilty, the motion was renewed on the same grounds, and was once again denied.

Appellant’s willingness to be of assistance to the government is not a sufficient basis for permitting his plea of guilty to be withdrawn. Furthermore, appellant has never denied his guilt nor asserted that his plea was improperly induced or extracted, United States v. Nor-strand Corp., 168 F.2d 481 (2nd Cir. 1948), although an unusually long period of time elapsed between July 18, 1962, when the guilty plea was entered, and March 18, 1963, the sentencing day.

We find no merit in appellant’s other contentions. The judgment of conviction is affirmed.
II 

Calendar No. 297 

110TH CONGRESS 

1ST SESSION S. 1596 

To designate the facility of the United States Postal Service located at 

103 South Getty Street in Uvalde, Texas, as the ‘‘Dolph S. Briscoe, 

Jr. Post Office Building’’. 

IN THE SENATE OF THE UNITED STATES 

JUNE 12, 2007 

Mrs. HUTCHISON (for herself and Mr. CORNYN) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

AUGUST 1, 2007 

Reported by Mr. LIEBERMAN, without amendment 

A BILL 

To designate the facility of the United States Postal Service 

located at 103 South Getty Street in Uvalde, Texas, 

as the ‘‘Dolph S. Briscoe, Jr. Post Office Building’’. 

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

3 SECTION 1. DOLPH S. BRISCOE, JR. POST OFFICE BUILD4 ING. 

5 (a) DESIGNATION.—The facility of the United States 

6 Postal Service located at 103 South Getty Street in 


bajohnson on PROD1PC69 with BILLS
2 

•S 1596 RS

1 Uvalde, Texas, shall be known and designated as the 

2 ‘‘Dolph S. Briscoe, Jr. Post Office Building’’. 

3 (b) REFERENCES.—Any reference in a law, map, reg4 ulation, document, paper, or other record of the United 

5 States to the facility referred to in subsection (a) shall 

6 be deemed to be a reference to the ‘‘Dolph S. Briscoe, 

7 Jr. Post Office Building’’. 


bajohnson on PROD1PC69 with BILLS

bajohnson on PROD1PC69 with BILLS
Calendar No. 297 

110TH CONGRESS 

1ST SESSION S. 1596 

A BILL 

To designate the facility of the United States PostPost Office Building’’. Uvalde, Texas, as the ‘‘Dolph S. Briscoe, Jr. al Service located at 103 South Getty Street in 

AUGUST 1, 2007 

Reported without amendment 


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«

FIRST COURT OP APPEALS

HOUSTON. TEXAS

MAY - 4 2015

CHRISTOPHER A. PRINE

CLERK

7700220B&S9

Ol MAY 2015 FM 1 L

1|],i|i|i.|i|ili.i'lillii'i1iliii1liiii1'i>!'ll'i1i11iiilii|i1i
**Exhibit 23.1**

**Consent of Independent Registered Public Accounting Firm**

The Board of Directors 

DCT Industrial Trust Inc.: 

We consent to the incorporation by reference inregistration statement Nos. 333-137929 and 333-145252 on Form S-8 and registration statement Nos. 333-141910, 333-141913 and 333-145253 on Form S-3 of DCT Industrial Trust Inc. of our reports dated February 29, 2008, with respect tothe consolidated balance sheets of DCT Industrial Trust Inc. and subsidiaries as of December 31, 2007 and 2006, and the related consolidated statements of operations, stockholders’ equity and comprehensive loss, and cash flows for each ofthe years in the three-year period ended December 31, 2007, and the related financial statement schedule and the effectiveness of internal control over financial reporting as of December 31, 2007, and our report dated March 28, 2008,with respect to the consolidated balance sheet of DCT/SPF Industrial Operating LLC and subsidiaries as of December 31, 2007, and the related consolidated statements of operations, members’ capital, and cash flows for the period fromAugust 22, 2007 (inception) through December 31, 2007, which reports appear in the December 31, 2007 annual report on Form 10-K/A of DCT Industrial Trust Inc. 

/s/ **KPMG LLP**

Denver, Colorado

March 28, 2008
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

MOISES FORTIN MIRALDA, Petitioner,

v. LORETTA E. LYNCH, Attorney General,

Respondent. No. 14

- 73115 Agency No. A072

- 543

- 229

MEMORANDUM *

On Petition for Review of an Order of the Board of Immigration Appeals
Submitted July 26, 2016 **
Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.
Moises Fortin Miralda , a nativ e and citizen of Honduras , petitions for review
of the Board of Immigration Appeals’ (“BIA ” ) order denying his motion to reopen removal proceedings

. Our jurisdiction is governed by 8 U.S.C. § 1252. We
review for abuse of discretion t he denial of a motion to reopen and 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

AUG 3 2016
MOLLY C. DWYER, CLER K U.S. COURT OF APPEAL S2 14

- 73115

claims of due process violation s in removal proceedings. Mohammed v. Gonzales , 400 F.3d 785, 791

- 92 (9th Cir.2005)

. We deny in part and dismiss in part the petition for review. The BIA did not abuse its discretion by denying Fortin Miralda’s second
motion to reope n as untimely and number

- barred, where it was filed over 17 years after the agency’s final order, see 8 C.F.R. § 1003.2(c)(2), and he failed to establish materially ch anged circumstances in Honduras to qualify for the regulatory exception to the time limit ation, see 8 C.F.R. § 1003.2(c) (3)(ii) ; see also Najmabadi v. Holder , 597 F.3d 983, 986 (9th Cir. 2010) ( the BIA may deny

a motion to reopen for failure to establish a prima facie case for the underlying relief sought ). We reject Fortin Miralda’s contenti on that the BIA violated due process by failing to consider evidence. See Najmabadi , 597 F.3d at 990

- 91 (finding the Board adequately considered petitioner’s evidence and sufficiently announced its decision); Larita

- Martinez v. INS , 220 F.3d 1092, 1095

- 96 (9th Cir. 2000) (“ an applicant attempting to establish that the Board violated his right to due process by failing to consider relevant evidence must overcome the presumption that it did review the evidence”). We lack jurisdiction to consider Fortin M iralda’s argument that the filing deadline for his motion to reopen should have been equitably tolled because he3 14

- 73115

failed to raise it to the BIA. See Barron v. Ashcroft , 358 F.3d 674, 6 77

- 78 (9th Cir. 2004)

. Finally, we lack jurisdiction to review the BIA’ s decision not to invoke its sua sponte authority to reopen proceedings. See Go v. Holder , 744 F.3d 604, 609

- 10 (9th Cir. 2014); cf. Bonilla v. Lynch , No. 12

- 73853, 2016 WL 3741866 (9th Cir. July 12, 2016)

. PETITION FOR REVIEW DENIED in part; DISMISSED in part.
Case 1:11-cv-02571-WJM-KMT Document 3 Filed 10/07/11 USDC Colorado Page 1 of 3
Case 1:11-cv-02571-WJM-KMT Document 3 Filed 10/07/11 USDC Colorado Page 2 of 3
Case 1:11-cv-02571-WJM-KMT Document 3 Filed 10/07/11 USDC Colorado Page 3 of 3
# EXHIBIT 32.2

# CERTIFICATION PURSUANT
TO18 U.S.C. SECTION 1350AS ADOPTED PURSUANT TO  SECTION 906 OF THE SARBANES-OXLEY ACT OF
2002

I, Eugene B. Witkowicz, Executive
Vice President, Chief Financial Officer and Corporate Secretary of TierOne Corporation
(the Company), hereby certify, pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, 18 U.S.C. Section 1350, that:

| | (1) | The
Annual Report on Form 10-K of the Company for the year ended December 31,
               2006 (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(a) 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:  March 7, 2007 | By:/s/ Eugene B. Witkowicz           
|-------------------- | -------------------------------------
|                     | Eugene B. Witkowicz, Executive Vice  
|                     | President and Chief Financial Officer
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 156 Introduced in Senate (IS)]

110th CONGRESS
  1st Session
                                 S. 156

   To make the moratorium on Internet access taxes and multiple and 
         discriminatory taxes on electronic commerce permanent.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 4, 2007

  Mr. Reid (for Mr. Wyden (for himself, Mr. McCain, and Mr. Sununu)) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
   To make the moratorium on Internet access taxes and multiple and 
         discriminatory taxes on electronic commerce permanent.

    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 ``Permanent Internet Tax Freedom Act 
of 2007''.

SEC. 2. PERMANENT MORATORIUM ON INTERNET ACCESS TAXES AND MULTIPLE AND 
              DISCRIMINATORY TAXES ON ELECTRONIC COMMERCE.

    Section 1101(a) of the Internet Tax Freedom Act (47 U.S.C. 151 
note) is amended by striking ``taxes during the period beginning 
November 1, 2003, and ending November 1, 2007:'' and inserting 
``taxes:''.
                                 <all>
```
EXHIBIT 99.1


            Certification of Chief Executive Officer pursuant to
                          18 U.S.C. Section 1350,
                           as adopted pursuant to
                            Section  906 of the
                        Sarbanes - Oxley Act of 2002



  I, Leonard A. Rosenbaum, President, Chief Executive Officer and Director
  of CVD Equipment Corporation certify that:

  1.  I have reviewed this quarterly report on Form 10-QSB of CVD
       Equipment Corporation (the "Registrant");

  2.  Based on my knowledge, this quarterly 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 quarterly report; and

  3.  Based on my knowledge, the financial statements, and other financial
       information included in this quarterly 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 quarterly report.




  Dated: November 12, 2003

     /s/ Leonard A. Rosenbaum
  ----------------------------------------
  President, Chief Executive Officer and Director


  EXHIBIT 99.2


            Certification of Chief Financial Officer pursuant to
                          18 U.S.C. Section 1350,
                           as adopted pursuant to
                            Section  906 of the
                        Sarbanes - Oxley Act of 2002



  I, Sharon Canese, Chief Financial Officer and Secretary of CVD Equipment
  Corporation certify that:

  1.  I have reviewed this quarterly report on Form 10-QSB of CVD
       Equipment Corporation (the "Registrant");

  2.  Based on my knowledge, this quarterly 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 quarterly report; and

  3.  Based on my knowledge, the financial statements, and other financial
       information included in this quarterly 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 quarterly report.




  Dated: November 12, 2003

     /s/ Sharon Canese
  ----------------------------------------
   Chief  Financial Officer and Secretary