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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 00-40803 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus DARREN LENCH TRIVEDI, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. B-00-CR-91-1

-------------------- March 12, 2001 Before SMITH, BENAVIDES, and DENNIS Circuit Judges.
PER CURIAM: * Darren Lench Trivedi (Trivedi) appeals from his conviction and sentence for attempted illegal reentry following deportation in violation of 8 U.S.C. § 1326. He argues the indictment is defective because it failed to allege he had the specific intent to attempt reentry into this country without authorization from the Attorney General. Trivedi also argues that, pursuant to Apprendi v. New Jersey , 530 U.S. 466, 120 S. Ct. 2348 (2000), the indictment was defective because it did not allege his prior felony conviction and because it did not allege the timing of hisNo. 00-40803 -2- prior conviction, namely that it occurred before his last deportation. The indictment in this case not only tracked the language of 8 U.S.C. § 1326 but also charged Trivedi with "knowingly" and "unlawfully" attempting to reenter the United States. Trivedi’s claim being first raised in this appeal and not in the district court, we construe the language of the indictment with "maximum liberality" and because the indictment included the words "knowingly" and "unlawfully," we conclude the indictment sufficiently charged the essential elements of the offense of attempted illegal reentry under § 1326. Cf

. United States v. Guzman-Ocampo , 236 F.3d 233, 236-39 (5th Cir. 2000). Trivedi next argues that in light of Apprendi , 120 S. Ct. at 2362-63, his prior felony conviction was an element of the offense under § 1326(b)(2), and not merely a sentence enhancement. He acknowledges that his argument is foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 247 (1998), but states that he is preserving it for possible Supreme Court review because the Supreme Court indicated in Apprendi that AlmendarezTorres may have been wrongly decided. Because the Supreme Court has not overruled Almendarez-Torres , this court is compelled to follow it

. See United States v. Dabeit , 231 F.3d 979, 984 (5th Cir. 2000), cert. denied, 2001 U.S. Lexis 1889 (U.S. Feb. 26, 2001) (No. 00-8299). Trivedi's argument that the indictment must allege that his prior felony conviction occurred before his last deportation is also without merit. Trivedi has not explained why an indictment that, under Almendarez-Torres , needNo. 00-40803 -3- not allege the defendant's prior conviction at all is deficient for omitting the details of that prior conviction.
AFFIRMED.
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 181 Introduced in Senate (IS)]

108th CONGRESS
  1st Session
                                 S. 181

To require a review of accounting treatment of stock option plans, and 
 the establishment of an appropriate stock option accounting principle 
                             within 1 year.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 16, 2003

 Mr. Levin (for himself and Mr. McCain) introduced the following bill; 
which was read twice and referred to the Committee on Banking, Housing, 
                           and Urban Affairs

_______________________________________________________________________

                                 A BILL

 
To require a review of accounting treatment of stock option plans, and 
 the establishment of an appropriate stock option accounting principle 
                             within 1 year.

    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 ``Stock Option Accounting Review 
Act''.

SEC. 2. REVIEW OF STOCK OPTION ACCOUNTING TREATMENT.

    Section 108 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7218, 116 
Stat. 768) is amended by adding at the end the following:
    ``(e) Stock Option Accounting Treatment.--The standard setting body 
described in section 19(b)(1) of the Securities Act of 1933 shall, for 
purposes of establishing generally accepted accounting principles--
            ``(1) review the accounting treatment of employee stock 
        options; and
            ``(2) not later than 1 year after the date of enactment of 
        this subsection, adopt an appropriate generally accepted 
        accounting principle for the treatment of employee stock 
        options.''.
                                 <all>
```
No. 87-994.

#### General Motors Corp. et al. *v.*Bennett et al.

C. A. 9th Cir. Motion of National Railway Labor Conference for leave to file a brief as *amicus curiae*granted. Certiorari denied. Justice Stevens and Justice Kennedy took no part in the consideration or decision of this motion and this petition.
1 The Response is deficient for failure to comply with 10th Cir. BAP Local

Rule 8008-1(b) and ECF -12(a). However, as this appeal is hereby dismissed, no

notice of deficient filing shall issue.

UNITED STATES BANKRUPTCY APPELLATE PANEL

OF THE TENTH CIRCUIT

IN RE UNDERGROUND LLC, doing

business as Real Estate of Jackson

Hole,

Debtor.

BAP No. WY-10-034

GARY A. BARNEY,

Plaintiff – Appellee,

Bankr. No. 09-20040

Adv. No. 09-02017

 Chapter 7

v. ORDER OF DISMISSAL

GERNOT MATTHEIS and GARY

MATTHEIS,

Defendants – Appellants.

June 10, 2010

The matter before the Court is the Response to Order to Show Cause Why

Appeal Should Not be Considered for Dismissal as Interlocutory, filed by

Appellants Gernot Mattheis and Gary Mattheis (“Appellants”) on June 9, 2010

(“Response”).1

 In the Response, Appellants state that: “After appropriate

research and further consideration of the status of the case, the appellants are of

the opinion that an interlocutory appeal is not appropriate or justified. Therefore,

for the reasons stated above, the appellants with this response notify the Court

that they do not object to the Court’s consideration for dismissal of the appeal.”

The Response is construed as a voluntary motion to dismiss. Fed. R. Bankr. P.

8001(c)(2) (“Motion”).

BAP Appeal No. 10-34 Docket No. 6 Filed: 06/10/2010 Page: 1 of 2
-2-

Accordingly, it is HEREBY ORDERED that:

(1) The Motion is GRANTED. Fed. R. Bankr. P. 8001(c)(2); 10th Cir.

BAP L.R. 8016-4(a)(8).

(2) Any deadlines previously set by the Court are VACATED.

(3) This appeal is DISMISSED.

(4) The mandate shall issue immediately. A certified copy of this Order

shall constitute the mandate on appeal.

For the Panel:

Barbara A. Schermerhorn, Clerk of Court

By:

Deputy Clerk

BAP Appeal No. 10-34 Docket No. 6 Filed: 06/10/2010 Page: 2 of 2
[Federal Register Volume 75, Number 213 (Thursday, November 4, 2010)]
[Notices]
[Pages 67950-67951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27878]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Notice of Designation of the Lake Superior National Estuarine 
Research Reserve in Wisconsin

AGENCY: Estuarine Reserves Division, Office of Ocean and Coastal 
Resource Management, National Ocean Service, National Oceanic and 
Atmospheric Administration, U.S. Department of Commerce.

ACTION: Notice of Designation and availability of Notice of Record of 
Decision.

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

SUMMARY: Notice is hereby given that the National Oceanic and 
Atmospheric Administration (NOAA), U.S. Department of Commerce, has

[[Page 67951]]

designated certain lands and waters of the St. Louis River freshwater 
estuary in Wisconsin as the Lake Superior National Estuarine Research 
Reserve.
    On October 19, 2010, Under Secretary of Commerce for Oceans and 
Atmosphere Dr. Jane Lubchenco signed a record of decision pursuant to 
the National Environmental Policy Act and a findings of designation for 
the Lake Superior National Estuarine Research Reserve in Wisconsin 
pursuant to Section 315 of the Coastal Zone Management Act of 1972, as 
amended, 16 U.S.C. Section 1461, and its implementing regulations at 15 
CFR Part 921. The Reserve duly received certification from the State of 
Wisconsin Coastal Program that Reserve designation is consistent to the 
maximum extent practicable with its program. A copy of the official 
Record of Decision is available for public review from NOAA's Office of 
Ocean and Coastal Resource Management at the address below.

FOR FURTHER INFORMATION CONTACT: Laurie McGilvray (301) 713-3155 x158, 
Estuarine Reserves Division, Office of Ocean and Coastal Resource 
Management, National Ocean Service, NOAA, 1305 East West Highway, N/
ORM5, Silver Spring, MD 20910. A copy of the Record of Decision for 
each Reserve is available upon request.

Federal Domestic Assistance Catalog Number 11.420 (Coastal Zone 
Management) Research Reserves.

    Dated: October 22, 2010.
Donna Wieting,
Director, Office of Ocean and Coastal Resource Management.
[FR Doc. 2010-27878 Filed 11-3-10; 8:45 am]
BILLING CODE 3510-08-P
EXHIBIT 32.1





SECTION 1350 CERTIFICATION





In connection with the annual report of China America Holdings, Inc. (the "Company") on Form 10-K for the year ended September 30, 2010 as filed with the Securities and Exchange Commission (the "Report"), I, Shaoyin Wang, Chief Executive Officer and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. SS. 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 result of operations of the Company.





December 29, 2010

/s/ Shaoyin WangShaoyin WangChief Executive Officer, Chief Financial Officer, principal executive officer and principal financial and accounting officer








A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement 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.
##### 



EXHIBIT 32.1
 CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  Date: March 10, 2008
    
    By:
    
    /s/ Matthew MedeirosName:
    
    Matthew MedeirosTitle:
    
    Chief Executive Officer
  Date: March 10, 2008
    
    By:
    
    /s/ Robert SelviName:
    
    Robert SelviTitle:
    
    Chief Financial Officer
EXHIBIT 10.17
                                                                   -------------



                       FIRST AMENDMENT TO RETIREMENT PLAN
                       ----------------------------------


     The Retirement  Plan adopted by Dollar Thrifty  Automotive  Group,  Inc. on
December 5, 1998 (the "PLAN")  is hereby amended  as of  September  23, 1999  as
follows:

     1. The "INTRODUCTION" to the Plan is hereby amended by adding the following
new paragraph at the end:

        "The Plan is  intended  to be  exempt  under ERISA Section 401(a)(1)."

     2. Section  7.1(d) of  the Plan  is  hereby amended  by deleting  the first
sentence.


                                       -1-
CAUSE NO. 

IN THE 

COURT OF CRIMINAL APPEALS OF TEXAS 

EX PARTE 

JOSE ARTURO VERGARA 

Applicant. 

'§ 

§ 

§ 

§ 

§ 

IN THE DISTRICT COURT 

D RECEiVED iN 406th JUDICIAL ~TOF CRIMINAL APPEALS 

WEBB COUNTY, TEXAS fEB 27 2015 

ORIGINAL APPLICATION FOR WRIT OF MANDAMUS 

TO THE HONORABLE JUDGE OF SAID COURT: 

COMES NOW JOSE ARTURO VERGARA, Relator, pro se• in the above styled and 

numbered cause of action and files this ORIGINAL APPLICATION for WRIT of 

MANDAMUS pursuant to Article 11.07 Section 3(c) of the Texas Code of Criminal 

Procedure, and would show the Court the following: 

1. Jose Arturo Vergara, TDCJ #1773208, incarcerated in the Texas Department of 

Criminal Justice and is appearing pro:se. 

2. Relator filed an application for writ of habeas corpus under trial court 

cause no. 20llCR000560 D4 (A), pursuant to Texas Code of Criminal Procedure 

Art. 11.07 on the date of April 08, 2014. This habeas application is to be 

governed by the Rules as found in the statute. 

3. The Webb County District Clerk has failed to forward the wirt application, 

and any re~omendations made by the State and/or Trial Court, to the Court 

of Criminal Appeals, after the thirty five (35) days.allotted by statute. . '•' . . 

4. See Texas Code Criminal 'Procedure Art. 11.07 Sec. 3(c) "the clerk shall 

immediately transmit to the Court of Criminal Appeals a copy of the Appli~ 

cation, any answers filed, and a certificate reciting the d~te upon which 

that finding was made." Thereby/ the Clerk is in violation. 

5. Relator has no adequate remedy at law, and is seeking this Court issuance 

'•· of a writ of mandamus to compel the Clerk to' send the documents. ~ 

~RAYER 

._Relator seeks the issuance of a writ of mandamus compelling the District 

Clerk of Webb County, Texas to forward the 

Date: February 24,2015 

Application to this Court. 

spectfu~y Submitted, 

---~u~773208 ~ CJ Michael Unit 2664 FM 

TN. Colony, TX 75886 

2954
#### MAUREEN R. O’BRIEN v. ERIE LACKAWANNA RAILWAY COMPANY.

May 30, 1978.

Petition for certification denied.
EXHIBIT
23.1





CONSENT
OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT





We hereby consent to the incorporation
by reference in Registration Statement on Form S-8 of China America Holdings,
Inc., SEC File No. 333-144412, and the related prospectus, of our audit report
dated January 13, 2010 with respect to the consolidated balance sheet at
September 30, 2009 and the consolidated statements of operations, changes in
shareholders' equity and cash flows of China America Holdings, Inc. and its
subsidiaries for the nine months ended September 30, 2009 and the year ended
December 31, 2008 which is included in the Annual Report on Form 10-K of China
America Holdings, Inc. for the transition period ended September 30,
2009.





/s/
Sherb & Co., LLP


Certified
Public Accountants








Boca
Raton, Florida


January
13, 2010
Exhibit 10.8

Schedule of  Water Pik Technologies, Inc.  Executive Officer Base Salaries  October 23, 2001 to December 1, 2005

|Executive Officer Name                                                               |  | Effective Date                                |  | Base Annual Salary
|------------------------------------------------------------------------------------ |  | --------------------------------------------- |  | ------------------
|Michael P. Hoopis
President, Chief Executive Officer and Director                    |  | *
07/01/2002
07/01/2003
06/28/2004
07/03/2005 |  | $$$$$             
|Robert A. Shortt
Executive Vice President, Sales, Marketing
and Business Development |  | *
04/28/2002
04/01/2003
03/28/2004
03/20/2005 |  | $$$$$             
|Victor C. Streufert
Vice President, Finance, Chief Financial Officer
and Treasurer   |  | *
04/06/2002
04/01/2003
03/28/2004
03/20/2005 |  | $$$$$             
|Richard P. Bisson
Vice President, Operations                                         |  | *
03/01/2002
03/01/2003
03/01/2004
03/06/2005 |  | $$$$$             
|Robert J. Rasp
Vice President and General Manager, Pool Products                     |  | *
10/01/2002
09/01/2003
09/01/2004
09/04/2005 |  | $$$$$             
|Theresa Hope-Reese
Vice President, Human Resources                                   |  | *
10/10/2002
10/14/2003
10/10/2004
10/16/2005 |  | $$$$$             
|Richard D. Tipton
Vice President, General Counsel and Secretary                      |  | *
12/13/2002
12/16/2003
12/13/2004
03/06/2005 |  | $$$$$             

---

---



QuickLinks
EXHIBIT 32

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 Pacific Land and Coffee Corporation
(the "Company") on Form  10-KSB for the  period  ending  March 31, 2004,
as filed with the Securities and Exchange  Commission on the date hereof (the
"Report"),  I, Dale G. Nielsen, 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 and 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

/s/ Dale G. Nielsen
By: Dale G. Nielsen
Chief Executive Officer
November 4, 2004
THE MEETING WILL BE VIRTUAL ONLY - SEE DETAILS BELOW.

10:00 to 10:15 AM Welcome, Announcements, Work Plan and Schedule Review

10:15 AM to 11:45 AM Special Topic: COVID19 Impacts and Industry Response Discussion

11:45 AM to 12:45 PM Lunch (non-public)

12:45 - 2:15 PM Future Flight Demos 

2:15 - 2:25 PM Break

2:25 to 3:55 PM Urban Air Mobility Plans 

3:55 to 5:25 PM Unmanned Air System/UAS Traffic Management (UTM) Close Out 

5:25 to 5:30 PM Public Comment Period

5:30 to 6:00 PM Committee Deliberations

6:00 PM Adjourn

JOIN WEBEX MEETING https://nasaenterprise.webex.com/

8-Jul-20

Meeting number: 908 912 695 

Meeting password: gJkZYZu$239

JOIN BY PHONE 888-769-8716

Passcode: 6813159

Wednesday, July 8 (Sessions are public except as noted) All Times Eastern Time

NAC Aeronautics Committee Public Agenda (FINAL)

Wednesday, July 8, 2020

NASA Headquarters
#### LEE CYCLE CTR., INC. v. WILSON CYCLE CTR., INC.

No. 271A01

Case below: 143 N.C. App. 1

“Plaintiffs’ motion to file brief pursuant to Rules 2 and 25 of the Rules of Appellate Procedure, filed 20 August 2001, is denied. Plaintiffs’ petition for writ of certiorari, also filed 20 August 2001, is allowed. Defendants’ motion to dismiss, filed 14 August 2001, is allowed. Plaintiffs shall file their brief on or before 1 October 2001. Defendants shall file their brief on or before 31 October 2001.” By order of this Court in Conference, this the 30th day of August, 2001.
FILED

United States Court of Appeals

Tenth Circuit

April 15, 2010

Elisabeth A. Shumaker

Clerk of Court

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

JAMON ARMIN POINTER,

Defendant-Appellant.

No. 09-5007

(D.C. No. 4:08-CR-00074-TCK-1)

(N.D. Okla.)

ORDER

Before TACHA, PORFILIO, and ANDERSON, Circuit Judges.

Defendant has filed a motion to dismiss this appeal based on the district

court’s dismissal of the underlying criminal action on April 8, 2010. The motion

to dismiss is GRANTED. Mandate to issue forthwith.

Entered for the Court,

ELISABETH A. SHUMAKER, Clerk

Appellate Case: 09-5007 Document: 01018403750 Date Filed: 04/15/2010 Page: 1
108TH CONGRESS

2D SESSION S. 1852

AN ACT

To provide financial assistance for the rehabilitation of the

Benjamin Franklin National Memorial in Philadelphia,

Pennsylvania, and the development of an exhibit to commemorate the 300th anniversary of the birth of Benjamin Franklin.

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

2

S 1852 ES

1 SECTION 1. BENJAMIN FRANKLIN NATIONAL MEMORIAL.

2 The Secretary of the Interior may provide a grant

3 to the Franklin Institute to—

4 (1) rehabilitate the Benjamin Franklin National

5 Memorial (including the Franklin statue) in Phila6 delphia, Pennsylvania; and

7 (2) develop an interpretive exhibit relating to

8 Benjamin Franklin, to be displayed at a museum ad9 jacent to the Benjamin Franklin National Memorial.

10 SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

11 (a) IN GENERAL.—There is authorized to be appro12 priated to carry out this Act $10,000,000.

13 (b) REQUIRED MATCH.—The Secretary of the Inte14 rior shall require the Franklin Institute to match any

15 amounts provided to the Franklin Institute under this Act.

Passed the Senate October 10, 2004.

Attest:

Secretary.
108TH CONGRESS

2D SESSION S. 1852

AN ACT

To provide financial assistance for the rehabilitaanniversary of the birth of Benjamin Franklin. opment of an exhibit to commemorate the 300th rial in Philadelphia, Pennsylvania, and the devel- tion of the Benjamin Franklin National Memo-
ORDER

#### In the Matter of EDWIN B. BORISON, an attorney at law.

May 12, 1987.

This matter having been duly considered by the Court, it is OEDEEED that EDWIN E. BOEISON, of OKLAHOMA CITY, OKLAHOMA, who was admitted to the bar of this State in 1965, be restored to the practice of law, effective immediately.
#### Draper *v.*Williams.—On appeal.

AN affidavit, made for the purpose of procuring a foreign attachment, was offered in evidence. There was annexed to the affidavit a certificate purporting to be sighed and sealed by *A. B.,*stating that the affidavit had been sworn, in the city and state of *New York,*before said *A. B.,*Commissioner in said state to take depositions, affidavits, &c., to be used or recorded in the state of *Indiana,*&c. *Held,*that without further proof, the affidavit was not admissible in evidence. *Hagaman*v. *Stafford,*2 Blackf. *351.*— Doughton v. *Tillay,*4 *id. 433.*— Fellows v. *Miller,*ante, 231. See R. S. 1843, p. 200.
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               DEC-31-2000
<CASH>                                          16,080
<SECURITIES>                                         0
<RECEIVABLES>                                   50,000
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             1,738,117
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               1,738,117
<CURRENT-LIABILITIES>                           19,909
<BONDS>                                              0
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<COMMON>                                             0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 1,738,117
<SALES>                                              0
<TOTAL-REVENUES>                                90,242
<CGS>                                                0
<TOTAL-COSTS>                                  103,646
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
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<CHANGES>                                            0
<NET-INCOME>                                  (13,404)
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