alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. Gabino GALVAN-PENA, also known as Jesus Garcia, Defendant-Appellant.

No. 05-40658

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

June 20, 2006.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Southern District of Texas, Houston, TX, for PlaintiffAppellee.

Timothy William Crooks, Assistant Federal Public Defender, Marjorie A. Meyers, Federal Public Defender, Federal Public Defender’s Office, Southern District of *396Texas, Houston, TX, for Defendant-Appellant.

Before STEWART, DENNIS, and OWEN, Circuit Judges.

PER CURIAM: *

Gabino Galvan-Pena (Galvan) challenges his guilty-plea conviction and sentence for illegal reentry following deportation, in violation of 8 U.S.C. § 1326. Galvan’s argument that his prior burglary conviction in Texas does not qualify as a crime of violence under U.S.S.G. § 2L1.2(b)(1)(A)(ii) is foreclosed. *See United States v. Garcia-Mendez,*420 F.3d 454, 456-57 (5th Cir. 2005), *cert. denied,*— U.S. -, 126 S.Ct. 1398, 164 L.Ed.2d 100 (2006). Gal-van’s argument that this court did not properly apply the categorical analysis of *Taylor v. United States,*495 U.S. 575, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990), is tantamount to arguing that *Garcia-Mendez*was wrongly decided. *Garcia-Mendez*resolved the issue raised in this case; one panel of this court may not ignore the precedent set by a prior panel. *United States v. Ruiz,*180 F.3d 675, 676 (5th Cir.1999). Because Galvan’s conviction for burglary of a habitation was a crime of violence for purposes of § 2L1.2(b)(1)(A)(ii) and provided a basis for the district court’s 16-level enhancement of his offense level, this court need not address whether his prior robbery conviction in Texas was also a crime of violence under § 2L1.2(b)(1)(A)(ii).

Galvan also argues that the “felony” and “aggravated felony” provisions of 8 U.S.C. § 1326(b)(1) and (b)(2) are unconstitutional in light of *Apprendi v. New Jersey,*530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). His constitutional challenge is foreclosed by *Almendarez-Torres v. United States,*523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). Although Galvan contends that *Almendarez-Torres*was incorrectly decided and that a majority of the Supreme Court would overrule *Almendarez-Torres*in light of *Apprendi,*we have repeatedly rejected such arguments on the basis that *Almendarez-Torres*remains binding. *See United States v. Garza-Lopez,*410 F.3d 268, 276 (5th Cir.), *cert. denied,*— U.S.-, 126 S.Ct. 298, 163 L.Ed.2d 260 (2005). Galvan properly concedes that his argument is foreclosed in light of *Almendarez-Torres*and circuit precedent, but he raises it here to preserve it for further review.

AFFIRMED.

*

 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 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2143 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 2143

 To provide for a limitation on availability of funds for Independent 
    Agencies, Small Business Administration, Loan Modernization and 
                Accounting System for fiscal year 2024.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 29, 2023

Mr. Biggs (for himself, Mr. Rosendale, Mr. Gaetz, Mr. Good of Virginia, 
   Mr. Roy, and Mr. Crane) introduced the following bill; which was 
              referred to the Committee on Small Business

_______________________________________________________________________

                                 A BILL

 
 To provide for a limitation on availability of funds for Independent 
    Agencies, Small Business Administration, Loan Modernization and 
                Accounting System for fiscal year 2024.

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

SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR INDEPENDENT 
              AGENCIES, SMALL BUSINESS ADMINISTRATION, LOAN 
              MODERNIZATION AND ACCOUNTING SYSTEM FOR FISCAL YEAR 2024.

    Notwithstanding any other provision of the law, amounts authorized 
to be appropriated or otherwise available for Independent Agencies, 
Small Business Administration, Loan Modernization and Accounting System 
for fiscal year 2024 may not exceed $6,100,000.
                                 <all>
```
Motion Granted; Appeal Dismissed and Memorandum Opinion filed March 19 ,

2019.

In The



## Fourteenth Court of Appeals

NO. 14

- 19

- 00148

- CV

ATTARCO, LLC , Appellant

V.

TRUDO PROPERTIES, LL C AND KEVIN BRENT ROBE RTS , Appellee s

On Appeal from the 80th District Court Harris County, Texas Trial Court Cause No. 2018

- 90628

MEMORANDUM OPINION

This is an appeal from an order signed February 15, 2019. On March 6, 2019, appellant filed a motion to di smiss the appeal. See Tex. R. App. P. 42.1. The motion is granted.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Wise, Zimmerer, and Spain.
I 

118TH CONGRESS 

1ST SESSION H. R. 2021 

To provide for a limitation on availability of funds for Department of Health 

and Human Services, Public Health and Social Services Emergency Fund 

for fiscal year 2024. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2023 

Mr. BIGGS (for himself, Mr. ROSENDALE, Mr. GAETZ, Mr. GOOD of Virginia, 

Mr. ROY, and Mr. CRANE) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To provide for a limitation on availability of funds for Department of Health and Human Services, Public Health 

and Social Services Emergency Fund for fiscal year 

2024. 

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

3 SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR 

4 DEPARTMENT OF HEALTH AND HUMAN SERV5 ICES, PUBLIC HEALTH AND SOCIAL SERVICES 

6 EMERGENCY FUND FOR FISCAL YEAR 2024. 

7 Notwithstanding any other provision of the law, 

8 amounts authorized to be appropriated or otherwise availVerDate Sep 11 2014 04:09 Apr 15, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2021.IH H2021

kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 2021 IH

1 able for Department of Health and Human Services, Pub2 lic Health and Social Services Emergency Fund for fiscal 

3 year 2024 may not exceed $1,026,458,000. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
#### Evelyn M. Gray, Appellant, v Aston B. Williams, M.D., Respondent.

[972 NYS2d 140]

— Motion for reargument or leave to appeal to the Court of Appeals denied. Present — Centra, J.E, Fahey, Garni and Sconiers, JJ.
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2308 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 2308

To provide for a limitation on availability of funds for Department of 
   State, Administration of Foreign Affairs, Payment to the American 
               Institute in Taiwan for fiscal year 2024.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 29, 2023

Mr. Biggs (for himself, Mr. Rosendale, Mr. Gaetz, Mr. Good of Virginia, 
   Mr. Roy, and Mr. Crane) introduced the following bill; which was 
              referred to the Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL

 
To provide for a limitation on availability of funds for Department of 
   State, Administration of Foreign Affairs, Payment to the American 
               Institute in Taiwan for fiscal year 2024.

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

SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR DEPARTMENT OF STATE, 
              ADMINISTRATION OF FOREIGN AFFAIRS, PAYMENT TO THE 
              AMERICAN INSTITUTE IN TAIWAN FOR FISCAL YEAR 2024.

    Notwithstanding any other provision of the law, amounts authorized 
to be appropriated or otherwise available for Department of State, 
Administration of Foreign Affairs, Payment to the American Institute in 
Taiwan for fiscal year 2024 may not exceed $31,963,000.
                                 <all>
```
[Federal Register Volume 79, Number 249 (Tuesday, December 30, 2014)]
[Proposed Rules]
[Pages 78379-78380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30429]


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

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

[Docket No. FWS-R9-HQ-2014-0064; FF09M21200-145-FXMB1231099BPP0]
RIN 1018-BA67


Migratory Bird Hunting; Service Regulations Committee Meeting

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of meeting.

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

SUMMARY: The Fish and Wildlife Service (hereinafter Service) will 
conduct an open meeting on January 28, 2015, to identify and discuss 
preliminary issues concerning the 2015-16 migratory bird hunting 
regulations.

DATES: The meeting will be held January 28, 2015.

ADDRESSES: The Service Regulations Committee meeting will be available 
to the public in the Rachel Carson conference room at 5275 Leesburg 
Pike, Falls Church, Virginia 22041.

FOR FURTHER INFORMATION CONTACT: Chief, Division of Migratory Bird 
Management, U.S. Fish and Wildlife Service, Department of the Interior, 
MS: MB, 5275 Leesburg Pike, Falls Church, VA 22041-3803; (703) 358-
1714.

SUPPLEMENTARY INFORMATION: Under the authority of the Migratory Bird 
Treaty Act (16 U.S.C. 703-712), the Service regulates the hunting of 
migratory game birds. We update the migratory game bird hunting 
regulations, located at 50 CFR part 20, annually. Through these 
regulations, we establish the frameworks, or outside limits, for season 
lengths, bag limits, and areas for migratory game bird hunting. To help 
us in this process, we have administratively divided the nation into 
four Flyways (Atlantic, Mississippi, Central, and Pacific), each of 
which has a Flyway Council. Representatives from the Service, the 
Service's Migratory Bird Regulations Committee, and Flyway Council 
Consultants will meet on January 28, 2015, at 11:00 a.m. to identify 
preliminary issues concerning the 2015-16 migratory bird hunting 
regulations for discussion and review by the Flyway Councils at their 
March meetings.
    In accordance with Department of the Interior (hereinafter 
Department) policy regarding meetings of the Service Regulations 
Committee attended by any person outside the Department, these meetings 
are open to public observation. The Service is committed to providing 
access to this meeting for all

[[Page 78380]]

participants. Please direct all requests for sign language interpreting 
services, closed captioning, or other accommodation needs to the person 
listed under FOR FURTHER INFORMATION CONTACT, TTY 800-877-8339, with 
your request by close of business on January 20, 2015.

    Dated: December 18, 2014.
Michael J. Johnson,
Acting Assistant Director, Migratory Birds, U.S. Fish and Wildlife 
Service.
[FR Doc. 2014-30429 Filed 12-29-14; 8:45 am]
BILLING CODE 4310-55-P
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

METROPOLITAN GLASS 

COMPANY, INC., AND QBE 

INSURANCE CORPORATION,

)

)

)

)

Plaintiffs, )

)

vs. ) CIVIL ACTION NO. 14-0418-CG-C

)

NATIONAL TRUST INSURANCE 

COMPANY, FCCI INSURANCE 

COMPANY, AND FCCI INSURANCE 

GROUP,

)

)

)

)

)

Defendants. )

ORDER

The parties having filed a Joint Stipulation of Dismissal (Doc. 43) on 

September 21, 2015, it is ORDERED that this matter is hereby DISMISSED 

WITH PREJUDICE. Each party shall bear its own costs.

DONE and ORDERED this 21st day of September, 2015.

/s/ Callie V. S. Granade

UNITED STATES DISTRICT JUDGE

Case 1:14-cv-00418-CG-C Document 44 Filed 09/21/15 Page 1 of 1
I 

118TH CONGRESS 

1ST SESSION H. R. 2119 

To provide for a limitation on availability of funds for Independent Agencies, 

General Services Administration, Office of Inspector General for fiscal 

year 2024. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2023 

Mr. BIGGS (for himself, Mr. ROSENDALE, Mr. GAETZ, Mr. GOOD of Virginia, 

Mr. ROY, and Mr. CRANE) introduced the following bill; which was referred to the Committee on Oversight and Accountability, and in addition 

to the Committee on Transportation and Infrastructure, for a period to 

be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To provide for a limitation on availability of funds for Independent Agencies, General Services Administration, Office of Inspector General for fiscal year 2024. 

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


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HR 2119 IH

1 SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR 

2 INDEPENDENT AGENCIES, GENERAL SERV3 ICES ADMINISTRATION, OFFICE OF INSPEC4 TOR GENERAL FOR FISCAL YEAR 2024. 

5 Notwithstanding any other provision of the law, 

6 amounts authorized to be appropriated or otherwise avail7 able for Independent Agencies, General Services Adminis8 tration, Office of Inspector General for fiscal year 2024 

9 may not exceed $65,000,000. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1993
<PERIOD-END>                               SEP-30-1993
<CASH>                                          23,990
<SECURITIES>                                         0
<RECEIVABLES>                                  159,188
<ALLOWANCES>                                         0
<INVENTORY>                                     30,773
<CURRENT-ASSETS>                               250,581
<PP&E>                                       1,681,072
<DEPRECIATION>                             (1,559,561)
<TOTAL-ASSETS>                                 813,458
<CURRENT-LIABILITIES>                          761,904
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       994,655
<OTHER-SE>                                 (1,000,796)
<TOTAL-LIABILITY-AND-EQUITY>                   813,458
<SALES>                                        823,720
<TOTAL-REVENUES>                               908,666
<CGS>                                          465,541
<TOTAL-COSTS>                                1,411,930
<OTHER-EXPENSES>                                 4,677
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              (507,941)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (507,941)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (507,941)
<EPS-PRIMARY>                                   (0.51)
<EPS-DILUTED>                                   (0.51)
        

</TABLE>
#### The People of the State of New York, Respondent, v James Alexander Moore, Appellant.

[825 NYS2d 403]

Appeal from a judgment of the Supreme Court, Monroe County (Francis A. Affronti, J.), rendered August 21, 2003. The judgment convicted defendant, upon his plea of guilty, of attempted murder in the second degree, robbery in the first degree (two counts), assault in the second degree (three counts) and grand larceny in the fourth degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed *(see People v Hidalgo,*91 NY2d 733, 737 [1998]). Present—Hurlbutt, J.P., Smith, Centra and Pine, JJ.
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

BERKLEY REGIONAL INS. CO., :

Plaintiff, :

:

v. : CIVIL ACTION 14-00493-KD-C

:

TRADEMARK CONSTRUCTION, INC., :

et al., :

Defendants. :

ORDER

After due and proper consideration of the issues raised, and there having been no 

objections filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. 

§ 636(b)(l)(B) and dated August 6, 2015, is ADOPTED as the opinion of this Court. 

Accordingly, it is ORDERED that Plaintiff’s Motion for Default Judgment (Doc. 14) is 

GRANTED such that Plaintiff is entitled to recover $478,021.03 from the Defendants, jointly 

and severally. Accordingly, it is ORDERED that a DEFAULT JUDGMENT is entered against 

the Defendants, jointly and severally, in the amount of $478,021.03. 

DONE and ORDERED this the 21st day of August 2015.

/s/ Kristi K. DuBose

KRISTI K. DuBOSE

UNITED STATES DISTRICT JUDGE 

Case 1:14-cv-00493-KD-C Document 29 Filed 08/21/15 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT 

 FOR THE SOUTHERN DISTRICT OF ALABAMA 

 NORTHERN DIVISION 

JOHNNY THORNTON, : 

 Plaintiff, : 

vs. : CA 09-0461-C 

MICHAEL J. ASTRUE, : 

Commissioner of Social Security, 

 : 

 Defendant. 

 JUDGMENT

 In accordance with the memorandum opinion and order entered on 

this date, it is hereby ORDERED, ADJUDGED, and DECREED that 

plaintiff be awarded attorney’s fees in the amount of $1,800.00 under the 

Equal Access to Justice Act. 

DONE this the 21st day of July, 2010. 

 s/WILLIAM E. CASSADY 

 UNITED STATES MAGISTRATE JUDGE 

Case 2:09-cv-00461-C Document 32 Filed 07/21/10 Page 1 of 1
[Federal Register Volume 79, Number 248 (Monday, December 29, 2014)]
[Notices]
[Page 78095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30387]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Notice of Correction for National Institute of Neurological 
Disorders and Stroke, Interagency Pain Research Coordinating Committee 
Call for Committee Membership Nominations

    The National Institutes of Health (NIH) is correcting a notice 
previously published in the Federal Register on December 15, 2014 (79 
FR 74102) and titled ``National Institute of Neurological Disorders and 
Stroke, Interagency Pain Research Coordinating Committee Call for 
Committee Membership Nominations.'' The notice announced that The 
Department of Health and Human Services (HHS) is seeking nominations 
for the Interagency Pain Research Coordinating Committee.
    NIH is amending the due date for nominations from January 5, 2015, 
as stated toward the end of the notice, to January 12, 2015. For 
further information about the meeting, please contact Linda Porter, 
Ph.D., porterl@ ninds.nih.gov.

    Dated: December 16, 2014.
Walter J. Koroshetz,
Acting Director, National Institute of Neurological Disorders and 
Stroke, National Institutes of Health.
[FR Doc. 2014-30387 Filed 12-24-14; 8:45 am]
BILLING CODE 4140-01-P
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 22-6320

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

MICHAEL GENE TERRELONGE,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at 

Charlotte. Robert J. Conrad, Jr., District Judge. (3:09-cr-00229-RJC-DCK-1; 3:21-cv00137-RJC)

Submitted: August 18, 2022 Decided: August 23, 2022

Before WYNN, THACKER, and HEYTENS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Michael Gene Terrelonge, Appellant Pro Se. 

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 22-6320 Doc: 5 Filed: 08/23/2022 Pg: 1 of 2
2

PER CURIAM:

Michael Gene Terrelonge, a federal inmate, seeks to appeal the district court’s order 

construing Terrelonge’s self-styled “petition” as an unauthorized, successive 28 U.S.C. 

§ 2255 motion and dismissing it for lack of jurisdiction. We dismiss the appeal for lack of 

jurisdiction because the notice of appeal was not timely filed. 

When the United States or its officer or agency is a party in a civil case, the notice 

of appeal must be filed no more than 60 days after the entry of the district court’s final 

judgment or order, Fed. R. App. P. 4(a)(1)(B), unless the district court extends the appeal 

period under Fed. R. App. P. 4(a)(5) or reopens the appeal period under Fed. R. App. P. 

4(a)(6). “[T]he timely filing of a notice of appeal in a civil case is a jurisdictional 

requirement.” Bowles v. Russell, 551 U.S. 205, 214 (2007).

The district court entered its order on April 13, 2021. Terrelonge filed the notice of 

appeal on March 10, 2022.

*

 Because Terrelonge failed to file a timely notice of appeal or 

to obtain an extension or reopening of the appeal period, we dismiss the appeal. 

We dispense with oral argument because the facts and legal contentions are 

adequately presented in the materials before this court and argument would not aid the 

decisional process.

DISMISSED

* For the purpose of this appeal, we assume that the date appearing on the notice of 

appeal is the earliest date Terrelonge could have delivered the notice to prison officials for 

mailing to the court. Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 276 (1988).

USCA4 Appeal: 22-6320 Doc: 5 Filed: 08/23/2022 Pg: 2 of 2
<PAGE>



                                                                    EXHIBIT 99.2


                            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 TeraForce Technology Corporation (the
"COMPANY") on Form 10-Q for the quarterly period ended March 31, 2003, as filed
with the Securities and Exchange Commission on the date hereof (the "REPORT"),
I, Robert P. Capps, Chief Financial 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 to my knowledge:

         (1) The Report fully complies with the requirements of Section 13(a) or
15(d) of the Securities and 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.




/s/ ROBERT P. CAPPS
--------------------
Robert P. Capps
Chief Financial Officer

Dated: May 15, 2003

A signed original of this written statement required by Section 906 has been
provided to TeraForce Technology Corporation and will be retained by TeraForce
Technology Corporation and furnished to the Securities and Exchange Commission
or its staff upon request.