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this opinion should not be published and is not precedent except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.

United States Court of Appeals

Fifth Circuit

FILED

March 14, 2007

Charles R. Fulbruge III

Clerk

UNITED STATES COURT OF APPEALS

FIFTH CIRCUIT

No. 05-11087

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

CARLOS MAURICIO ORDUNO-GOMEZ, also known as Carlos Mauricio

Orduno Gomez, also known as Carlos Oruno, also known as Christian

Cardoza,

Defendant-Appellant.

Appeal from the United States District Court 

for the Northern District of Texas

(4:05-CR-28-ALL)

Before DAVIS, BARKSDALE, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Carlos Mauricio Orduno-Gomez appeals his guilty-plea

conviction and subsequent sentence for illegal reentry. 

Orduno’s constitutional challenge to 8 U.S.C. § 1326(b) is

foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235

(1998). Although Orduno contends Almendarez-Torres was incorrectly

decided and a majority of the Supreme Court would overrule it in
2

the light of Apprendi v. New Jersey, 530 U.S. 466 (2000), we have

repeatedly rejected such contentions because Almendarez-Torres

remains binding. See, e.g., United States v. Garza-Lopez, 410 F.3d

268, 276 (5th Cir.), cert. denied, 126 S. Ct. 298 (2005). Orduno

properly concedes his claim is foreclosed in the light of

Almendarez-Torres and circuit precedent; he raises it only to

preserve it for further review.

The district court erred in enhancing Orduno’s sentence

pursuant to U.S.S.G. § 2L1.2(b(1)(C) by determining his state

conviction for simple possession of a controlled substance was an

“aggravated felony”. See United States v. Estrada-Mendoza,

__F.3d__, No. 05-41627, 2007 WL 6583, *2 (5th Cir. 3 Jan. 2007).

Consequently, Orduno’s sentence is vacated and this matter remanded

for resentencing. Id.

Accordingly, we need not reach his claim, raised for the first

time on appeal, that restricting the U.S.S.G. § 5K3.1 earlydisposition program to certain geographical locations violated his

due-process and equal-protection rights. See United States v.

Akpan, 407 F.3d 360, 377 n.62 (5th Cir. 2005).

CONVICTION AFFIRMED; SENTENCE VACATED; REMANDED FOR RESENTENCING
News United States Air Force
 Vaught visionary leadership award winners namedPublished Feb. 12, 2018
                        
                        By Kat Bailey
                        
                        
                        Air Force’s Personnel Center Public Affairs
                **JOINT BASE SAN ANTONIO-RANDOLPH, Texas (AFNS)  --**
                Air Force officials have selected the winners for the 2018 General Wilma Vaught Visionary Leadership Award.  
In the officer category, the winner is Maj. Janel Black of Air Force Global Strike Command. Chief Master Sgt. Nicole Wilson, Pacific Air Forces, is the enlisted category winner. Deanna Ryals, Air Force Space Command won the civilian category. 
The Brig. Gen. Wilma Vaught Visionary Leadership Award was created in 2012 in honor of Vaught for her outstanding service and dedication to the Air Force and the nation both during her career and after her retirement. 
The selection board, held at the Air Force’s Personnel Center Oct. 24 to Nov. 9, 2017, considered 21 nominations from the major commands. The award winners will be honored at the Joint Women’s Leadership Symposium in early 2018. 
For more information about Air Force personnel programs, go to **myPers**. Eligible individuals who do not have a myPers account can request one by **following these instructions**.nomination 



Air Force 



AFPC 



officer 



AETC 



AF 



selection 



Air Force Personnel Center 



Air Education and Training Command 



award 



civilian 



Senior NCO 



joint base 



board 



2018 General Wilma Vaught Visionary Leadership Award 



JB San Antonio-Randolph
#### MAE THOMAS v. WARD BAUM, T/A BAUM ASSOCIATES.

May 14, 1985.

This matter having been duly considered and the Court having determined that certification was improvidently granted (99 *N.J.*173);

It is ORDERED that the within appeal be and hereby is dismissed.
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 of Elmer's  Restaurants,  Inc. (the
"Company")  on Form 10-Q for the period  ended  July 19,  2004 as filed with the
Securities and Exchange  Commission on the date hereof (the "Report"),  I, Bruce
N.  Davis,  Chief  Executive  Officer and  President  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 to the best of my knowledge:

     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.

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

/s/ Bruce N. Davis
-------------------------------------
Bruce N. Davis
Chief Executive Officer and President
September 2, 2004
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 05-6846

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

LARRY SINCLAIR WILLIAMS,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern

District of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior

District Judge. (CR-92-83)

Submitted: March 20, 2006 Decided: May 9, 2006

Before NIEMEYER, LUTTIG, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Larry Sinclair Williams, Appellant Pro Se. Michael James Elston,

Assistant United States Attorney, Owen Matthew Kendler, OFFICE OF

THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Larry Sinclair Williams, a federal prisoner, seeks to

appeal the district court’s orders denying relief on his Fed. R.

Civ. P. 60(b)(4) motion and denying his motion for reconsideration.

Williams’ motion sought relief from the district court’s 1993 order

denying his 28 U.S.C. § 2255 (2000) motion. An appeal may not be

taken from the final order in a § 2255 proceeding unless a circuit

justice or judge issues a certificate of appealability. 28 U.S.C.

§ 2253(c)(1) (2000). A certificate of appealability will not issue

for claims addressed by a district court absent “a substantial

showing of the denial of a constitutional right.” 28 U.S.C.

§ 2253(c)(2) (2000). A prisoner satisfies this standard by

demonstrating that reasonable jurists would find both that the

district court’s assessment of his constitutional claims is

debatable or wrong and that any dispositive procedural rulings by

the district court are also debatable or wrong. See Miller-El v.

Cockrell, 537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S.

473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683 (4th Cir. 2001).

We have independently reviewed the record and conclude that

Williams has not made the requisite showing. Accordingly, we deny

a certificate of appealability and dismiss the appeal. We dispense

with oral argument because the facts and legal contentions are
- 3 -

adequately presented in the materials before the court and argument

would not aid the decisional process.

DISMISSED
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 19

- 50483 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v.
JUAN RAMON PINEDA

- FERNANDEZ , Defendant

- Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 5:18

- CR

- 856

- 1

Before CLEMENT, ELROD, and OLDHAM, Circuit Judges. PER CURIAM: *
Juan Ramon Pineda

- Fernandez appeals his conviction of illegal reentry into the United States. He entered a conditional guilty plea to the indictment, reserving the right to challenge the district court’s denial of his motion to dismiss the indictment. Now, Pineda

- Fernandez asserts, as he did in the district court, that his prior removal was invalid because the notice to appear which commenced the

* 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 November 21, 2019 Lyle W. Cayce Clerk Case: 19-50483 Document: 00515208119 Page: 1 Date Filed: 11/21/2019No. 19

- 50483

2 proceeding was defective for failing to specify a date and time for his removal hearing. He contends theref ore that the removal order is void and that the Government cannot establish an essential element of the illegal reentry offense under 8 U.S.C. § 1326. He concedes that this challenge is foreclosed by United States v. Pedroza

- Rocha , 933 F.3d 490 (5th Cir. 2019) , but he wishes to

preserve the issue for further review. The Government has filed an unopposed motion for summary affirmance, agreeing that the issue is foreclosed under Pedroza

- Rocha

. Alterna tivley , the Government requests an extension of time to file its brief. Summary affirmance is appropriate if “ the posit ion of one of the parties is clearly right as a matter of law so that there can be no substantial question as to the outcome of the case .” Groendyke Transp., Inc. v. Davis , 406 F.2d 1158, 1162 (5th Cir. 1969). Pedroza

- Rocha concluded that the notice to a ppear was not deficient for failing to specify a date and time for the hearing, that any such alleged deficiency had not deprived the immigration court of jurisdiction, and that Pedroza

- Rocha could not collaterally attack his notice to appear without first exhausting his administrative remedies. 933 F.3d at 496

– 98. Pineda

Fernandez’s arguments are, as he concedes, foreclosed by this case. See id. See also Pierre

- Paul v. Barr, 930 F.3d 684, 688

- 90 (5 th Cir. 2019). Accordingly, the Government’s motion f or summary affirmance is GRANTED, the Government’s alternative motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED. Case: 19-50483 Document: 00515208119 Page: 2 Date Filed: 11/21/2019
#### STATE OF NEW JERSEY v. DOUGLAS LYNCH.

February 11, 1985.

Petition for certification denied.
[Federal Register Volume 75, Number 167 (Monday, August 30, 2010)]
[Notices]
[Pages 52927-52928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21571]


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

DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board

[Docket 20-2009]


Foreign-Trade Zone 29; Application for Subzone Authority; Dow 
Corning Corporation; Extension of Rebuttal Period

    Based on a request from Dow Corning Corporation (Dow Corning), the 
rebuttal period on the preliminary recommendation for the application 
for

[[Page 52928]]

subzone status at the Dow Corning facilities in Carrollton, 
Elizabethtown and Shepherdsville, Kentucky (75 FR 31763, 6/3/2010) is 
being extended to October 1, 2010 to allow additional time for the 
submission of rebuttal comments. Original submissions shall be sent to 
the Board's Executive Secretary at: Foreign-Trade Zones Board, U.S. 
Department of Commerce, Room 2111, 1401 Constitution Ave., NW., 
Washington, DC 20230. An electronic copy shall be submitted to 
<a href="/cdn-cgi/l/email-protection#92f4e6e8d2e6e0f3f6f7bcf5fde4"><span class="__cf_email__" data-cfemail="2147555b6155534045440f464e57">[email protected]</span></a>.
    For further information, contact Elizabeth Whiteman at 
<a href="/cdn-cgi/l/email-protection#76331a1f0c171413021e58211e1f02131b171836020417121358111900"><span class="__cf_email__" data-cfemail="6d280104170c0f081905433a05041908000c032d191f0c0908430a021b">[email protected]</span></a> or (202) 482-0473.

    Dated: August 24, 2010.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2010-21571 Filed 8-27-10; 8:45 am]
BILLING CODE P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
```

[Congressional Record Volume 141, Number 71 (Tuesday, May 2, 1995)]
[House]
[Page H4454]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                             GENERAL LEAVE

  Mr. LIVINGSTON. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks, and 
that I may include tabular and extraneous material, on H.R. 1158.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Louisiana?
  There was no objection.

                          ____________________
```
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 on Form 10-K of Monroe Capital Corporation (the Company) for the annual period ended December 31, 2016, as filed with the Securities Exchange Commission on the date hereof (the Report), I, Theodore L. Koenig, Chief Executive Officer of the Company, and I, Aaron D. Peck, Chief Financial Officer of the Company, each certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to our knowledge: 1.

          The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; 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, 2017 /s/ Theodore L. KoenigTheodore L. KoenigChairman, Chief Executive Officer and Director(Principal Executive Officer) Monroe Capital Corporation /s/ Aaron D. PeckAaron D. PeckChief Financial Officer, Chief Investment Officer and Director(Principal Financial and Accounting Officer) Monroe Capital Corporation
#### BROWNSTONE ASSOCIATES v. THE MAYOR AND TOWNSHIP COMMITTEE OF THE TOWNSHIP OF LITTLE FALLS AND LITTLE FALLS TENANTS ASSOCIATION.

May 17, 1985.

The Court having determined that certification was improvidently granted;

It is ORDERED that the within appeal be and hereby is dismissed. (See 99 *N.J.*180)
<PAGE>

                                                                   Exhibit 16.01
Office of the Chief Accountant
Securities & Exchange Commission
450 Fifth Street, N.W.
Washington, DC  20549



March 2, 2001

Dear Sir/Madam,

We have read the relevant information referring to our firm in Item 4 included
in the Form 8-K dated March 2, 2001, of Banc One Auto Grantor Trust 1997-A filed
with the Securities and Exchange Commission and are in agreement with the
statements contained therein.

Very truly yours,

/s/ Arthur Andersen LLP

Arthur Andersen LLP

cc:  Ms. Tracie Klein
     Vice President
     Bank One, National Association
<PAGE>

                                                                    EXHIBIT 32.1

              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

In connection with the Quarterly Report of Sports Resorts International, Inc.
(the "Company") on Form 10-Q for the period ending June 30, 2005 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Donald J. Williamson, 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:

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

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

/s/ Donald J. Williamson

Donald J. Williamson
Chief Executive Officer
August 8, 2005
News United States Air Force
 AFDW provides ceremonial honors to longest-serving Congressional memberPublished Feb. 14, 2019
                        
                        By Master Sgt. Amaani Lyle
                        
                        
                        Air Force District of Washington Public Affairs
                **JOINT BASE ANDREWS, Maryland (AFNS) --**
                Air Force District of Washington conducted an arrival ceremony in honor of World War II Army veteran and former Rep. John D. Dingell (D-Mich.) Feb. 12, 2019.
Dingell, 92, passed away in Dearborn, Michigan, Feb. 7.
Dingell’s family and his remains arrived at JBA on board a C-17 Globemaster III assigned to the 437th Airlift Wing, Joint Base Charleston, S.C.
AFDW is responsible for the Air Force operational and ceremonial support to Dingell’s funerals and all other joint military service ceremonies in the national capital region and elsewhere, as directed by U.S. Army Military District of Washington.
Military support for Dingell's funeral is provided by the Defense Department as an exception to policy at the request of the speaker of the House of Representatives and includes an Army body bearer team, a firing party and a bugler at the funeral and interment ceremonies. Military funeral honors at the interment ceremony at Arlington National Cemetery, Virginia, are provided according to Dingell's military service.
Dingell, who served in the U.S. House from 1955 to 2015, was not only the longest-serving representative in American history, but one of the final two World War II veterans to have served in Congress.
He was the last member of Congress who had served in the 1950s and during the presidencies of Dwight D. Eisenhower and John F. Kennedy. President Barack Obama awarded him the Presidential Medal of Freedom in 2014.
The day he died, Dingell dictated reflections to his wife at their home. The following is an excerpt of those words, which were published as an op-ed piece Feb. 8 in the Washington Post.
“I never forgot the people who gave me the privilege of representing them. It was a lesson learned at home from my father and mother, and one I have tried to impart to the people I’ve served with and employed over the years.”
“As I prepare to leave this all behind, I now leave you in control of the greatest nation of mankind and pray God gives you the wisdom to understand the responsibility you hold in your hands.”
The Congressional funeral in honor of Dingell will conclude with a public funeral mass at Holy Trinity Catholic Church in the District of Columbia Thursday at 10:30 a.m. He will later be interred at Arlington National Cemetery in a private ceremony.ceremonial guardsmen 



Joint Base Charleston 



House of Representatives 



afdw 



C-17 Globemaster III 



C-17 



Globemaster 



WWII 



World War II 



AF 



Air Force 



Army
News United States Air Force
 PACE accepting nominations for 2018 Leadership Impact AwardPublished March 20, 2018
                        
                        By Christa D'Andrea
                        
                        
                        Profession of Arms Center of Excellence
                **JOINT BASE SAN ANTONIO-RANDOLPH, Texas (AFNS)  --**
                The Profession of Arms Center of Excellence, in collaboration with the Air University Leadership Institute, is now accepting nominations for the 2018 Leadership Impact Award.
This is the second year PACE is recognizing individuals who have established programs that are having a positive impact on their organization and on strengthening the Air Force’s professional culture.
In 2017, 35 total force Airmen and civilians were the first recipients of the award; and were provided an opportunity to further their professionalism development by attending the Next Jump Leadership Academy in Boston and New York.
Like the previous year’s winners, the 2018 Leadership Impact Award recipients will also be invited to attend a three-day, industry-sponsored leadership academy in June.
The 2018 awards focus on innovations in leader development to include creating learning environments at all levels in the workplace that accelerate growth in decision making through role modeling, feedback and practice.
Individual packages will be judged on the extent to which they have established or sustained practices and tools that: 1) empower decision making a the lowest levels of the organization; 2) have a fail-forward or risk-accepting mentality that speeds innovation and decision-making skill development; 3) the principle that all members of the organization are developing and responsible for the development of others; and 4) robust individual feedback outside the performance evaluation system is occurring.
Nomination criteria and requirements for the award are as follows:
Nominators can be previous Impact Award winners and/or must be wing-level and above commanders or equivalent.
Nominees can be of any rank/grade from organizations within the total force (active duty, Guard, Reserve and civilian).
Nomination packages will include an Air Force form 1206 with a maximum of 18 lines, and a minimum of one (maximum of five) testimonial(s) from a person impacted by the nominee in the area(s) described by the award criteria. The testimonials can be written, audio or in video format.
Packages are due to PACE no later than March 30, and should be emailed to PACE Assessments, pace.assessments@us.af.mil. For questions or more information about the award, contact Dr. Katie Gunther, 210-652-3989, or Master Sgt. Christina Davis, 210-652-4276.
To read about more about the 2017 winners, click **here**.award nominations 



award 



awards 



PACE 



Profession of Arms Center of Excellence 



leadership 



civilian 



culture 



total force 



innovation