alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 01-20826

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

DAVID SCOTT EVANS,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. H-00-CR-615-1

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

June 7, 2002

Before DAVIS, BENAVIDES and CLEMENT, Circuit Judges

PER CURIAM:*

David Scott Evans (Evans) appeals his guilty-plea conviction

for aiding and abetting the possession with intent to distribute

more than 10 grams of lysergic acid in violation of 18 U.S.C. 

§ 2 and 21 U.S.C. § 841(a)(1), b(1)(A)(v). He contends that the

district court erred in assessing him two criminal history points

for a prior juvenile adjudication which resulted in his

commitment to a mental hospital. He argues that he should have
No. 01-20826

-2-

received only one criminal history point for his juvenile

adjudication, which would have made him eligible for the “safety

valve” provision of United States Sentencing Guidelines § 5C2.3,

thereby reducing his offense level by two points and his

guidelines punishment range to 87 to 108 months.

As Evans failed to raise these arguments at the sentencing

hearing, we review for plain error. See United States v.

McCaskey, 9 F.3d 368, 376 (5th Cir. 1993). As we have not

previously addressed whether commitment to a mental hospital

constitutes a “sentence to confinement” under U.S.S.G.

§ 4A1.2(d)(2)(A) or a “sentence of imprisonment” under U.S.S.G.

§ 4A1.1(b), there can be no plain error with respect to this

issue. Even assuming arguendo that the district court erred in

calculating Evans’s criminal history score and that the

guidelines range should have been 87 to 108 months, Evans has not

shown that the error affected his substantial rights as his

sentence of 100 months was within that range. See United States

v. Leonard, 157 F.3d 343, 346 (5th Cir. 1998); United States v.

Ravitch, 128 F.3d 865, 871 (5th Cir. 1990).

AFFIRMED.
97-149.

#### State v. Gonzalez.

Lorain App. No. 96CA006330. Reported at 78 Ohio St.3d 1456, 677 N.E.2d 816. On motion for reconsideration. Motion denied.
#### UNITED STATES of America, Plaintiff-Appellee, v. Jose Luis FERMIN, Defendant-Appellant.

No. 06-40030

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Oct. 24, 2006.

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

Marjorie A. Meyers, Federal Public Defender, Michael H. Sokolow, Laura Fletcher Leavitt, Assistant Federal Public Defender, Federal Public Defender’s Office, Southern District Of Texas, Houston, TX, for Defendant-Appellant.

*351Before JOLLY, DeMOSS, and STEWART, Circuit Judges.

PER CURIAM: *

Jose Luis Fermín appeals his guilty-plea conviction of, and sentence for, violating 8 U.S.C. § 1826 by being found in the United States without permission after deportation. He argues, in light of *Apprendi v. New Jersey,*580 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), that the 33-month term of imprisonment imposed in his case exceeds the statutory maximum sentence allowed for the § 1326(a) offense charged in his indictment. He challenges the constitutionality of § 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.

The Government does not seek to invoke the appellate waiver provision in Fermin’s plea agreement and has thus waived the issue. *See United States v. Story,*439 F.3d 226, 230-31 (5th Cir.2006). Fermin’s 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 he 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). Fermín 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.
[Federal Register Volume 74, Number 119 (Tuesday, June 23, 2009)]
[Notices]
[Page 29720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14648]


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

DEPARTMENT OF LABOR


Office of the Secretary; ``Promotion of Labor Rights and 
Employment in Pakistan''

June 17, 2009.
AGENCY: Bureau of International Labor Affairs, Department of Labor.
    Announcement Type: New. Notice of Availability of Funds and 
Solicitation for Cooperative Agreement Applications. The full 
announcement is posted on http://www.Grants.gov.
    Funding Opportunity Number: SGA-09-07.
    Key Dates: The closing date for receipt of applications is July 31, 
2009 via Grants.gov. Applications may also be submitted by mail.

Funding Opportunity Description

    The U.S. Department of Labor (USDOL), Bureau of International Labor 
Affairs (ILAB), announces the availability of funds in the amount of 
U.S. $1,600,000 to be awarded by Cooperative Agreement to a qualifying 
organization for the purpose of implementing a worker rights and 
employment demonstration project that assists unemployed Pakistanis 
with vocational and entrepreneurial training to obtain employment or 
pursue professions and acquire an understanding of their fundamental 
rights as workers. The project will take place in the Federally 
Administered Tribal Areas, the Northwest Frontier Province and 
Baluchistan. Participants provided with vocational training will also 
receive integrated worker rights training in order to ensure that they 
are able to fully benefit from their new skills and professions. 
Similarly, new entrepreneurs may become employers for the first time 
and will also receive worker rights training to understand their 
responsibilities as employers. ILAB is authorized to award and 
administer this program by the Department of Labor Appropriations Act, 
2009, Public Law 111-08, 123 Stat. 524 (2009). The Cooperative 
Agreement awarded under this initiative will be managed by ILAB's 
Office of Trade and Labor Affairs. The duration of the project funded 
by this solicitation is three years. The start date of program 
activities will be negotiated upon award of the Cooperative Agreement, 
but will be no later than September 30, 2009.
    The full Solicitation for Grant Applications is posted on http://www.Grants.gov under U.S. Department of Labor/ILAB. If you need to 
speak to a person concerning these grants, or if you have issues 
regarding access to the Grants.gov Web site, you may telephone 
Georgiette Nkpa at 202-693-4584 (not a toll-free number).

    Signed at Washington, DC this 17th day of June 2009.
Cassandra Mitchell,
Grant Officer.
[FR Doc. E9-14648 Filed 6-22-09; 8:45 am]
BILLING CODE 4510-28-P
**Exhibit 32.2**

 

**Certification of**

**Chief Financial Officer**

**Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002**

 

 

I, Robert L. Clayton, Chief Financial Officer and Treasurer of Spherix Incorporated (the “Company”), in compliance with Section 906 of the Sarbanes-Oxley Act of 2002, hereby certify that, to the best of my knowledge, the Company’s Annual Report on Form 10-K for the period ended December 31, 2010 (the “Report”) filed with the Securities and Exchange Commission:

 

·                  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/ Robert L. Clayton                 |
|--------|---------------------------------------|
|   | Robert L. Clayton                     |
|   | Chief Financial Officer and Treasurer |
|   | March 30, 2011                   |

 

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

 

1

----
# Fourth Court of Appeals

San Antonio, Texas

June 21, 2018

No. 04

- 18

- 00341

- CV

IN RE CELADON TRUCKING SERVICES, INC. and Abner Albarez

- Carballo

Original Mandamus Proceeding 1

ORDER

Sitting: Sandee Bryan Marion, Chief Justice

Karen Angelini, Justice

Luz Elena D. Chapa, Justice

The Real Party in Interest ’ s Motion to Extend Time to file Response is hereby

G RANTED. Time is extended to August 8, 2018.

It is so OREDERED on this 10th day of July, 2018

.

PER CURIAM

ATTESTED TO:

___________________________________

KEITH E. HOTTLE

, Clerk of Court
No. 4932.

(Court of Appeal, Parish of Orleans.)

[St. Paul, J., sitting alone.]

#### H. L. HEYMANN vs. CHAS. BIANCHI.

March 16, 1910.

Jos. A. Casey and E. P. Foley for plaintiff and appellant.

■ Jas. Wilkinson for defendant and appellee.

ST. PAUL, J.

The injunction issued and perpetuated by the Court a qua simply prohibits plaintiff from proceeding any further with a certain garnishment and seizure. The prayer for injunction and grounds set up, show clearly what relief was sought and why.

The judgment in favor of plaintiff was not annulled, nor was the execution thereof enjoined for all time; no such relief was even sought. There is no'need to grant a rehearing.

Rehearing refused.
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 14-31117

In the Matter of: TORRANCE TREMAYNE GREEN,

Debtor

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

RIVERBEND CONDOMINIUM ASSOCIATION,

Appellant

v.

TORRANCE TREMAYNE GREEN,

Appellee

Appeal from the United States District Court

for the Eastern District of Louisiana

Before KING, SMITH, and ELROD, Circuit Judges.

PER CURIAM:

In this Chapter 13 bankruptcy case, the bankruptcy court held that the 

privilege created by La. Rev. Stat. § 9:1123.115(1) (2014) on a Louisiana 

condominium for all unpaid sums assessed by the condominium association

against the condominium owner is a statutory lien (as distinguished from a 

security interest) and is therefore subject to bifurcation under 11 U.S.C. 

§ 1322(b)(2). The district court affirmed. For the reasons given by the district 

United States Court of Appeals

Fifth Circuit

FILED

July 13, 2015

Lyle W. Cayce

Clerk

 Case: 14-31117 Document: 00513113924 Page: 1 Date Filed: 07/13/2015
No. 14-31117

2

court in its Order and Reasons attached hereto, we affirm the district court’s 

affirmance of the bankruptcy court’s order.

AFFIRMED.

 Case: 14-31117 Document: 00513113924 Page: 2 Date Filed: 07/13/2015
 Case: 14-31117 Document: 00513113924 Page: 3 Date Filed: 07/13/2015
No. 14-31117

4

 Case: 14-31117 Document: 00513113924 Page: 4 Date Filed: 07/13/2015
No. 14-31117

5

 Case: 14-31117 Document: 00513113924 Page: 5 Date Filed: 07/13/2015
No. 14-31117

6

 Case: 14-31117 Document: 00513113924 Page: 6 Date Filed: 07/13/2015
No. 14-31117

7

 Case: 14-31117 Document: 00513113924 Page: 7 Date Filed: 07/13/2015
No. 14-31117

8

 Case: 14-31117 Document: 00513113924 Page: 8 Date Filed: 07/13/2015
No. 14-31117

9

 Case: 14-31117 Document: 00513113924 Page: 9 Date Filed: 07/13/2015
No. 14-31117

10

 Case: 14-31117 Document: 00513113924 Page: 10 Date Filed: 07/13/2015
No. 14-31117

11

 Case: 14-31117 Document: 00513113924 Page: 11 Date Filed: 07/13/2015
S. 3253 

One Hundred Eleventh Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the fifth day of January, two thousand and ten 

An Act 

To provide for an additional temporary extension of programs under the Small 

Business Act and the Small Business Investment Act of 1958, 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. ADDITIONAL TEMPORARY EXTENSION OF AUTHORIZATION 

OF PROGRAMS UNDER THE SMALL BUSINESS ACT AND 

THE SMALL BUSINESS INVESTMENT ACT OF 1958. 

(a) IN GENERAL.—Section 1 of the Act entitled ‘‘An Act to 

extend temporarily certain authorities of the Small Business 

Administration’’, approved October 10, 2006 (Public Law 109–316; 

120 Stat. 1742), as most recently amended by section 1 of Public 

Law 111–136 (124 Stat. 6), is amended by striking ‘‘April 30, 

2010’’ each place it appears and inserting ‘‘July 31, 2010’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection 

(a) shall take effect on April 29, 2010. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.
#### CROWN POLY, INC., Plaintiff-Appellant, v. UNISTAR PLASTICS, LLC, Defendant-Appellee, and Bunzl Distribution California, LLC, and Bunzl Distribution USA, Inc., Defendants.

No. 05-1449.

United States Court of Appeals, Federal Circuit.

June 13, 2006.

Before SCHALL, Circuit Judge, CLEVENGER, Senior Circuit Judge, and BRYSON, Circuit Judge.

*Judgment*

PER CURIAM

*This CAUSE having been heard and considered, it is ORDERED and ADJUDGED:*

AFFIRMED. *See*Fed. Cir. R. 36.
#     All Disorders  

ABCDEFGHIJKLMNOPRSTVWZ
View All

## N

Narcolepsy

Neuroacanthocytosis

Neurodegeneration with Brain Iron Accumulation

Neurofibromatosis

Neuroleptic Malignant Syndrome

Neurological Complications of HIV

Neuromyelitis Optica

Neuronal Ceroid Lipofuscinosis (Batten Disease)

Neuronal Migration Disorders

Neurosyphilis

Niemann-Pick Disease

Normal Pressure Hydrocephalus
<TABLE> <S> <C>

<ARTICLE>      5
<LEGEND>

The schedule contains summary financial
information extracted from Form 10-K for the
period ended December 29, 1996 and is qualified
in its entirety by reference to such financial
statements.
</LEGEND>

<MULTIPLIER>                      1,000
       
<S>                               <C>             <C>
<FISCAL-YEAR-END>                 Dec-29-1996
<PERIOD-START>                    Jan-01-1996
<PERIOD-END>                      Dec-29-1996
<PERIOD-TYPE>                     12-MOS
<CASH>                                               39,400
<SECURITIES>                                              0
<RECEIVABLES>                                       311,400
<ALLOWANCES>                                        (6,700)
<INVENTORY>                                         115,900
<CURRENT-ASSETS>                                    538,900
<PP&E>                                            1,011,000
<DEPRECIATION>                                      547,100
<TOTAL-ASSETS>                                    1,380,200
<CURRENT-LIABILITIES>                               452,800
<BONDS>                                             294,000
<PREFERRED-MANDATORY>                                     0
<PREFERRED>                                               0
<COMMON>                                             65,400
<OTHER-SE>                                          372,000
<TOTAL-LIABILITY-AND-EQUITY>                      1,380,200
<SALES>                                           2,212,700
<TOTAL-REVENUES>                                  2,212,700
<CGS>                                             1,940,200
<TOTAL-COSTS>                                     2,091,300
<OTHER-EXPENSES>                                      2,800
<LOSS-PROVISION>                                          0
<INTEREST-EXPENSE>                                   38,800
<INCOME-PRETAX>                                      64,100
<INCOME-TAX>                                         19,700
<INCOME-CONTINUING>                                  47,100
<DISCONTINUED>                                            0
<EXTRAORDINARY>                                           0
<CHANGES>                                                 0
<NET-INCOME>                                         47,100
<EPS-PRIMARY>                                          2.09
<EPS-DILUTED>                                             0

        

</TABLE>
96-2839.

#### State v. Towns.

Franklin App. No. 95APA11-1496. Reported at 77 Ohio St.3d 1546, 674 N.E.2d 1185. On motion for reconsideration. Motion denied.

Resnick, Pfeifer and Lundberg Stratton, JJ., dissent.
IV 

116TH CONGRESS 

1ST SESSION H. RES. 212 

Providing amounts for the expenses of the Committee on Ethics in the 

One Hundred Sixteenth Congress. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 11, 2019 

Mr. DEUTCH submitted the following resolution; which was referred to the 

Committee on House Administration 

RESOLUTION 

Providing amounts for the expenses of the Committee on 

Ethics in the One Hundred Sixteenth Congress. 

1 Resolved, 

2 SECTION 1. AMOUNTS FOR COMMITTEE EXPENSES. 

3 For the expenses of the Committee on Ethics (here4 after in this resolution referred to as the ‘‘Committee’’), 

5 including the expenses of all staff salaries, there shall be 

6 paid, out of the applicable accounts of the House of Rep7 resentatives for committee salaries and expenses, not more 

8 than $7,181,326 for the One Hundred Sixteenth Con9 gress. 


pamtmann on DSKBFK8HB2PROD with BILLS
2 

•HRES 212 IH 

1 SEC. 2. SESSION LIMITATIONS. 

2 Of the amount specified in section 1— 

3 (1) not more than $3,590,663 shall be available 

4 for expenses incurred during the period beginning at 

5 noon on January 3, 2019, and ending immediately 

6 before noon on January 3, 2020; and 

7 (2) not more than $3,590,663 shall be available 

8 for expenses incurred during the period beginning at 

9 noon on January 3, 2020, and ending immediately 

10 before noon on January 3, 2021. 

11 SEC. 3. VOUCHERS. 

12 Payments under this resolution shall be made on 

13 vouchers authorized by the Committee, signed by the 

14 Chairman of the Committee, and approved in the manner 

15 directed by the Committee on House Administration. 

16 SEC. 4. REGULATIONS. 

17 Amounts made available under this resolution shall 

18 be expended in accordance with regulations prescribed by 

19 the Committee on House Administration. 

Æ 


pamtmann on DSKBFK8HB2PROD with BILLS
97-833.

#### State ex rel. Englewood v. Montgomery Cty. Bd. of Commrs.

In Mandamus. This cause originated in this court on the filing of a complaint for a writ of mandamus. Upon consideration of the motion for leave to intervene by Randolph Township and village of Clayton, and motion for stay of proceedings,

IT IS ORDERED by the court that the motions be, and hereby are, denied.

Pfeifer and Lundberg Stratton, JJ., dissent in part because they would grant the motion for leave to intervene.
#### Mark Dzielski et al., Respondents, v Essex Insurance Company, Appellant, et al., Defendant.

Submitted July 16, 2012;

decided August 28, 2012

Motion to amend remittitur denied *[see*19 NY3d 871 (2012)].
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 95-8098

In Re: REGINALD L. FRAZIER,

Petitioner.

On Petition for Writ of Mandamus.

(CA-94-170-4-BO, CA-95-463-HC-BO)

Submitted: November 30, 1995 Decided: February 26, 1996

Before WILKINSON, Chief Judge, and HAMILTON and MOTZ, Circuit

Judges.

Petition denied by unpublished per curiam opinion.

Reginald L. Frazier, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Reginald Frazier brought this petition for writ of mandamus

seeking multiple forms of relief. To the extent that Frazier

alleges unreasonable delay in the habeas corpus action proceeding

in the district court, the district court docket sheet reflects no

delay. To the extent that Frazier seeks review of district court

action, mandamus may not be used as a substitute for appeal. In re

United Steelworkers, 595 F.2d 958, 960 (4th Cir. 1979). Frazier's

request for an evidentiary hearing before this court is denied.

Frazier makes conclusory allegations of bias on the part of

the district court. He has made no claim which shows that the

district judge has a personal bias which would prevent him from

rendering an impartial decision. In re Beard, 811 F.2d 818, 827

(4th Cir. 1987). We also hold that Frazier cannot reopen through

mandamus our decisions in Frazier v. North Carolina State Bar, No.

94-1775 (4th Cir. Jan. 6, 1995) (unpublished), or Frazier v. North

Carolina State Bar, No. 95-1233 (4th Cir. June 20, 1995) (unpublished). To the extent that Frazier seeks to challenge the conditions of his confinement, he may file an action in district court

under 42 U.S.C. § 1983 (1988).

We grant Frazier leave to proceed in forma pauperis. We deny

his Motion to Post Supersedeas Bond and Motion for Temporary Stay

and Release on Bail as mootCthe district court granted bail in a

hearing on November 13, 1995. We deny his Motion for Hearing In

Banc because no judge requested a vote on the Motion. Frazier's

petition for a writ of mandamus is denied.
3

We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before the

court and argument would not aid the decisional process.

PETITION DENIED
97-263.

#### State ex rel. Montgomery v. Ohio Adult Parole Auth.

In Mandamus. On answer of respondent. Answer treated as motion to dismiss. Motion to dismiss sustained. Cause dismissed.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM 10-Q
FOR THE QUARTER ENDED SEPTEMBER 30, 1996 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                       6,948,876
<SECURITIES>                                         0
<RECEIVABLES>                                  549,887
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             7,498,763
<PP&E>                                     106,088,310
<DEPRECIATION>                               9,936,022
<TOTAL-ASSETS>                             111,204,518
<CURRENT-LIABILITIES>                        1,720,252
<BONDS>                                     52,201,478
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  57,282,788
<TOTAL-LIABILITY-AND-EQUITY>               111,204,518
<SALES>                                              0
<TOTAL-REVENUES>                            12,332,395
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             1,970,165
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           3,959,651
<INCOME-PRETAX>                              6,355,303
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          6,355,303
<DISCONTINUED>                               1,003,300
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 7,358,603
<EPS-PRIMARY>                                    97.99
<EPS-DILUTED>                                    97.99
        

</TABLE>