alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. Alberto SOTO-GARCIA, Defendant-Appellant.

No. 05-41009.

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Decided June 20, 2006.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Sarah Beth Landau, Federal Public Defender’s Office, Houston, TX, for Defendant-Appellant.

Before STEWART, DENNIS, and OWEN, Circuit Judges.

PER CURIAM: *

Alberto Soto-Garcia appeals his guilty plea conviction for unlawful reentry in violation of 8 U.S.C. § 1326(b). In his sole issue on appeal, Soto-Garcia argues that § 1326(b)’s treatment of prior felony and aggravated felony convictions as sentencing factors rather than elements of the offense that must be found by a jury is unconstitutional in light of *Apprendi v. New Jersey,*530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000).

We need not resolve the disputed issue whether Soto-Garcia’s appeal waiver precludes his current challenge to § 1326(b), because his constitutional argument is foreclosed by *Almendarez-Torres v. United States,*523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). Although Soto-Garcia 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). Soto-Garcia 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 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
# OF-288
Document

Exhibit 10.2

CERTAIN INFORMATION IDENTIFIED WITH [****] HAS BEEN EXCLUDED FROM THIS DOCUMENT BECAUSE IT IS BOTH (i) NOT MATERIAL AND (ii) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED.




Third Amendment to the Comdata Merchant Agreement


This Third Amendment (“Amendment”) is dated April 14, 2022 (“2022 Amendment Date”) and constitutes an amendment to the December 15, 2010 Comdata Merchant Agreement, as modified by (i) the April 21, 2011 letter from Lisa E. Peerman to Mark R. Young, (ii) the Amended and Restated Amendment to Comdata Merchant Agreement, dated December 14, 2011, and (iii) the December 4, 2020 Second Amendment to Comdata Merchant Agreement (collectively, the “Agreement”) by and between TA Operating LLC (“Merchant”) and Comdata, Inc., as successor in interest to Comdata Network, Inc. (“Comdata”). 
Whereas, Merchant and Comdata wish to adjust the transaction fees and settlement rates that apply to card transactions by certain specified customers;
Now, Therefore, in exchange for mutual promises and other consideration, the sufficiency of which is hereby acknowledged, the parties agree to amend the Agreement as follows:
1.The table entitled “Fees for Authorization of Card Transactions” in Schedule A (v.2020) to the Second Amendment to the Comdata Merchant Agreement is amended such that the customers listed in Schedule C (v.2022), attached hereto, are subject to the transaction fee and Cost plus settlement rates that apply to [****].  There is otherwise no change to the definitions of [****] in Schedule A (v.2020).    
ACCEPTED AND AGREED:
						
	TA Operating LLC (“Merchant”)	COMDATA INC. (“Comdata”)
	Signature: __/s/ Lloyd B. Sanford_________
Name:   _Lloyd B. Sanford_______________
Title:    __SVP Sales_________________ 
Date:    __April 22, 2022________________
	Signature: __/s/ Eric Dowdell___________
Name:   ____Eric Dowdell______________
Title:    _____President - NAT___________
Date:    _____April 22, 2022____________
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2949 Considered and Passed Senate (CPS)]

111th CONGRESS
  2d Session
                                S. 2949

 To amend section 1113 of the Social Security Act to provide authority 
  for increased fiscal year 2010 payments for temporary assistance to 
  United States citizens returned from foreign countries, to provide 
  necessary funding to avoid shortfalls in the Medicare cost-sharing 
 program for low-income qualifying individuals, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 25, 2010

   Mr. Baucus (for himself, Mr. Grassley, Mr. Nelson of Florida, Mr. 
  Menendez, and Mr. LeMieux) introduced the following bill; which was 
        read twice, considered, read the third time, and passed

_______________________________________________________________________

                                 A BILL

 
 To amend section 1113 of the Social Security Act to provide authority 
  for increased fiscal year 2010 payments for temporary assistance to 
  United States citizens returned from foreign countries, to provide 
  necessary funding to avoid shortfalls in the Medicare cost-sharing 
 program for low-income qualifying individuals, and for other purposes.

    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 ``Emergency Aid to American Survivors 
of the Haiti Earthquake Act''.

SEC. 2. INCREASE IN AGGREGATE PAYMENTS FOR FISCAL YEAR 2010 FOR 
              TEMPORARY ASSISTANCE TO UNITED STATES CITIZENS RETURNED 
              FROM FOREIGN COUNTRIES.

    Section 1113(d) of the Social Security Act (42 U.S.C. 1313(d)) is 
amended by striking ``September, 30, 2003'' and all that follows and 
inserting ``September 30, 2009, except that, in the case of fiscal year 
2010, the total amount of such assistance provided during that fiscal 
year shall not exceed $25,000,000.''.

SEC. 3. QI PROGRAM FUNDING.

    Section 1933(g)(2) of the Social Security Act (42 U.S.C. 1396u-
3(g)(2)) is amended--
            (1) in subparagraph (M), by striking ``$412,500,000'' and 
        inserting ``$462,500,000''; and
            (2) in subparagraph (N), by striking ``$150,000,000'' and 
        inserting ``$165,000,000''.

SEC. 4. APPLICATION OF MEDICAID IMPROVEMENT FUND.

    Section 1941(b)(1)(A) of the Social Security Act (42 U.S.C. 1396w-
1(b)(1)(A)) is amended by striking ``$100,000,000'' and inserting 
``$10,000,000''.
                                 <all>
```
COLVILLE TRIBAL GAMING COMMISSION

729 Jackson Street P.O. Box 1647 Omak, WA 98841

Phone: (509) 422-7729 e Mobile: (509) 429-4771 © Fax: (509) 422-7719
© e-mail: patty.adolph.ctg@colvilletribes.com

September 9, 2022

National Indian Gaming Commission
1849 C Street NW, MS 1621
Washington, DC 20240

On August 10, 2022, the NIGC published its revised proposal for redefining Key Employee (KE) and
Primary Management Official (PMO) with substantial amendments to 25 CFR Parts 502, 556, and 558.

These proposed changes are a direct result of the recent updates to the NIGC fingerprint processing
procedures and the manifestation of CJIS compliance requirements.

We understand the rulemaking process was part of the 2021 tribal consultation series, and with this
revision being a significant change, we are requesting that the NIGC consider extending the September
9, 2022, comment period deadline for an additional amount of time.

If you should have any questions, please contact me at (509) 422-7729. Thank you for your time and
attention in this matter.

Sincerely,

Patty Adélph, Director

Colville Tribal Gaming Commission

copy: Shannon Thomas, CTGC Attorney
outgoing correspondence
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF MYWEB INC.COM FOR THE SIX MONTHS ENDED JUNE 30, 1999
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                       3,815,517
<SECURITIES>                                         0
<RECEIVABLES>                                  430,541
<ALLOWANCES>                                         0
<INVENTORY>                                     43,338
<CURRENT-ASSETS>                             4,648,559
<PP&E>                                         217,543
<DEPRECIATION>                                  29,295
<TOTAL-ASSETS>                               4,836,807
<CURRENT-LIABILITIES>                          949,196
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       106,717
<OTHER-SE>                                   3,780,894
<TOTAL-LIABILITY-AND-EQUITY>                 4,836,807
<SALES>                                        822,066
<TOTAL-REVENUES>                               926,335
<CGS>                                          950,823
<TOTAL-COSTS>                                2,093,085
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                             (1,166,750)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                         (1,166,750)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                (1,166,750)
<EPS-BASIC>                                       (.12)
<EPS-DILUTED>                                        0


</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE  CONTAINS SUMMARY FINANCIAL  INFORMATION  EXTRACTED FROM FINANCIAL
STATEMENTS FOR THE NINE MONTH PERIOD ENDED DECEMBER 31, 1998 AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          MAR-31-1999
<PERIOD-END>                               DEC-31-1998
<CASH>                                         553,331
<SECURITIES>                                         0
<RECEIVABLES>                                3,375,580
<ALLOWANCES>                                         0
<INVENTORY>                                    593,485
<CURRENT-ASSETS>                             5,315,877
<PP&E>                                       6,110,058
<DEPRECIATION>                             (3,702,114)
<TOTAL-ASSETS>                               8,855,756
<CURRENT-LIABILITIES>                        5,875,986
<BONDS>                                        552,019
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                    712,684
<COMMON>                                     6,126,338
<OTHER-SE>                                 (4,612,088)
<TOTAL-LIABILITY-AND-EQUITY>                 8,855,756
<SALES>                                              0
<TOTAL-REVENUES>                            14,814,784
<CGS>                                                0
<TOTAL-COSTS>                               13,043,214
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           (299,280)
<INCOME-PRETAX>                              (210,859)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (210,859)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                              2,550,000
<CHANGES>                                            0
<NET-INCOME>                                 2,339,141
<EPS-PRIMARY>                                     0.14
<EPS-DILUTED>                                     0.13
        

</TABLE>
Exhibit 12


                ACX TECHNOLOGIES, INC. AND SUBSIDIARIES
                  RATIO OF EARNINGS TO FIXED CHARGES

                                 
                                   For the Years Ended December 31,
                             1993      1994      1995      1996      1997
                          -------   -------   -------   -------   -------
Income (loss) from                                                 
 continuing operations    $20,789   $32,783   $51,247   $22,409   $46,116
                                                                   
Amortization of                                                    
 capitalized interest         427       443       465       554       629
                                                                    
Fixed charges related                                              
 to pre-tax income                                                 
 (loss) from continuing                                            
 operations                 3,894     6,918    10,023     9,120     9,307
                          -------   -------   -------   -------   -------
ADJUSTED EARNINGS (LOSS)  $25,110   $40,144   $61,735   $32,083   $56,052
                                                                   
Fixed charges:                                                     
Interest expense          $ 3,412   $ 6,370   $ 9,306   $ 8,177   $ 8,666
                                                                    
Interest factor of                                                 
 rent expense                 482       548       717       943       641
                          -------   -------   -------   -------   -------
Fixed charges related                                              
 to income (loss) from                                             
 continuing operations      3,894     6,918    10,023     9,120     9,307
                                                                   
Fixed charges related                                              
 to discontinued                                                   
 operations                   952       790       881     1,060       ---
                                                                   
Interest capitalized for                                           
 continued operations         163       223       885       744       460
                          -------   -------   -------   -------   -------
TOTAL FIXED CHARGES       $ 5,009   $ 7,931   $11,789   $10,924   $ 9,767
                          =======   =======   =======   =======   =======
Ratio of earnings to                                               
 fixed charges               5.01      5.06      5.24      2.94      5.74
                          =======   =======   =======   =======   =======
II 

111TH CONGRESS 

1ST SESSION S. 2787 

To repeal the authority of the Secretary of the Treasury to extend the 

Troubled Asset Relief Program. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 17, 2009 

Mr. THUNE (for himself, Mr. VITTER, Mr. BENNETT, Mr. INHOFE, Mr. 

JOHANNS, Mr. BARRASSO, Mr. GRASSLEY, Mr. CORNYN, Mr. ENSIGN, 

Mr. CRAPO, Mr. ROBERTS, Mr. ENZI, Ms. MURKOWSKI, Mr. BURR, Mr. 

COBURN, and Mr. BOND) introduced the following bill; which was read 

twice and referred to the Committee on Banking, Housing, and Urban 

Affairs 

A BILL 

To repeal the authority of the Secretary of the Treasury 

to extend the Troubled Asset Relief Program. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘TARP Sunset Act of 

5 2009’’. 

6 SEC. 2. REPEAL OF TARP EXTENSION AUTHORITY. 

7 Section 120 of the Emergency Economic Stabilization 

8 Act of 2008 (12 U.S.C. 5230) is amended— 


pwalker on DSK8KYBLC1PROD with BILLS
2 

•S 2787 IS

1 (1) by striking ‘‘(a) TERMINATION.—’’; and 

2 (2) by striking subsection (b). 

Æ 


pwalker on DSK8KYBLC1PROD with BILLS
[Federal Register Volume 74, Number 203 (Thursday, October 22, 2009)]
[Notices]
[Page 54594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25304]



[[Page 54594]]

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

DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--LiMo Foundation

    Notice is hereby given that, on September 8, 2009, pursuant to 
Section 6(a) of the National Cooperative Research and Production Act of 
1993, 15 U.S.C. 4301 et seq. (``the Act''), LiMo Foundation (``LiMo'') 
filed written notifications simultaneously with the Attorney General 
and the Federal Trade Commission disclosing changes in its membership. 
The notifications were filed for the purpose of extending the Act's 
provisions limiting the recovery of antitrust plaintiffs to actual 
damages under specified circumstances. Specifically, Casio Hitachi 
Mobile Communications Co., Ltd., Tokyo, Japan; Aromasoft Corporation, 
Seoul, Republic of Korea; Swisscom (Schweiz) AG, Bern, Switzerland; 
Opera Software ASA, Oslo, Norway; and Immersion Corporation, San Jose, 
CA, have been added as parties to this venture.
    Also, Advanced Micro Devices Inc., Markham, Ontario, Canada; 
Infineon Technologies AG, Neubiberg, Germany; VirtualLogix, Inc., 
Sunnyvale, CA; FueTrek Co., Ltd., Osaka, Japan; Innopath Software Inc., 
Sunnyvale, CA; Cellon Communications Technology (Shenzhen) Co., Ltd., 
Shenzhen, People's Republic of China; Esmertec AG, Dubendorf, 
Switzerland; Freescale Semiconductor, Inc., Austin, TX; Shanghai 
Longcheer 3G Technology Co., Ltd., Shanghai, People's Republic of 
China; MIZI Research Incorporated, Seoul, Republic of Korea; MontaVista 
Software, Inc., Santa Clara, CA; NXP Semiconductors B.V., Eindhoven, 
The Netherlands; TroilTech ASA, Oslo, Norway; and Sagem Mobiles, Cergy 
St Christophe Cedex, France, have withdrawn as parties to this venture.
    No other changes have been made in either the membership or planned 
activity of this group research project. Membership in this group 
research project remains open, and LiMo intends to file additional 
written notifications disclosing all changes in membership.
    On March 1, 2007, LiMo filed its original notification pursuant to 
Section 6(a) of the Act. The Department of Justice published a notice 
in the Federal Register pursuant to Section 6(b) of the Act on April 9, 
2007 (72 FR 17583).
    The last notification was filed with the Department on January 5, 
2009. A notice was published in the Federal Register pursuant to 
Section 6(b) of the Act on February 26, 2009 (74 FR 8812).

Patricia A. Brink,
Deputy Director of Operations, Antitrust Division.
[FR Doc. E9-25304 Filed 10-21-09; 8:45 am]
BILLING CODE 4410-11-M
EXHIBIT 99.1



                         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 Yocream International, Inc.
(the Company) on Form 10-Q for the quarter ended January 31, 2003 as
filed with the Securities and Exchange Commission on the date hereof (the
Report), I, John N. Hanna, Director, Chairman, and 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 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.



/s/ John N. Hanna
-----------------
John N. Hanna
Chairman and Chief Executive Officer
Yocream International, Inc.
March 17, 2003
# Fourth Court of Appeals

San Antonio, Texas

October 16, 2018

No. 04

- 18

- 00220

- CR

Gilbert TELLO

, Appellant

v.

The STATE of Texas,

Appellee

From the 49th Judicial District Court, Webb County, Texas

Trial Court No. 2012CRN00001 3

- D1

Honorable Jose A. Lopez, Judge Presiding



### O R D E R

Cynthia Perez Lenz ’ s notification of late record is hereby MOOT. The appellant ’ s brief is

due on November 13, 2018.

_________________________________ Rebeca C. Martinez, Justice

IN WITNESS WHEREOF, I hav e hereunto set my hand and affixed the seal of the said

court on this 16th day of October, 2018

.

___________________________________ K eith E. H ott le

Clerk of Court
II 

111TH CONGRESS 

1ST SESSION S. 2522 

To suspend temporarily the duty on RSD 1235. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 30, 2009 

Mrs. HAGAN introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To suspend temporarily the duty on RSD 1235. 

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

3 SECTION 1. RSD 1235. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 

‘‘ 9902.01.00 3-Pyrrolidinol, 1-[(1R,2R)-2- 

[2-(3,4- 

dimethoxyphenyl)ethoxy]cyclohexyl]- 

,hydrochloride, (3R). (CAS 

No. 748810–28–8) (provided 

for in subheading 

2933.99.53) ........................... Free No change No change On or before 

12/31/2011 ’’. 


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2 

•S 2522 IS

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to goods entered, or withdrawn from 

3 warehouse for consumption, on or after the 15th day after 

4 the date of the enactment of this Act. 

Æ 


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Document

Exhibit 10(a)








May 16, 2022


Mr. Sean J. Kerins 
Centennial, Colorado




Dear Sean,


Arrow Electronics, Inc.’s Board of Directors approved an enhancement to your retirement benefits (the “SERP Benefits”) under the Arrow Electronics, Inc. Supplemental Executive Retirement Plan, as amended and restated effective January 1, 2009 (the “SERP Plan”).


In recognition of your new role and continued service, your SERP participation letter dated
July 30, 2014, is hereby amended to reflect that the definition of your normal retirement age for purposes of the SERP will be the later of (1) age 60 and (2) your actual termination date in accordance with the terms of the SERP Plan.


Except as provided above, all other terms and conditions of your participation and the SERP Plan remain the same.


Best Regards,


/s/ Gretchen Zech


Gretchen Zech
Senior Vice President, Chief Governance, Sustainability, and Human Resources Officer
**Facilities/Cache (2024)**

**Checklist #7**

**For the National Preparedness Review, you will need to have the following items available for review:**

**FACILITIES**

***Key Code: E = Exceeds Standard, M = Meets Standard, NI = Needs Improvement, NR = Not Reviewed***

**CACHE**

***Key Code: E = Exceeds Standard, M = Meets Standard, NI = Needs Improvement, NR = Not Reviewed***

Facilities/Cache	1	Revised April 2024

# image1.png