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

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

March 1, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 05-40267

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

PABLO MORENO-MORA,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 5:04-CR-1244-ALL

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

Before JOLLY, DAVIS, and OWEN, Circuit Judges.

PER CURIAM:*

Pablo Moreno-Mora (Moreno) appeals his conviction and

sentence for unlawful reentry in violation of 8 U.S.C. § 1326. 

Moreno first argues that the district court erred by imposing a

16-level enhancement pursuant to U.S.S.G. § 2L1.2 for a prior

Maryland conviction for a crime of violence. 

The record contains no indication of which section of the

Maryland statute was applied to Moreno. Accordingly, we cannot

determine whether the enhancement was proper. The Government’s
No. 05-40267

-2-

contention that the offense is established by the Presentence

Report’s characterization of the offense as second-degree felony

assault is without merit. See United States v. Garza-Lopez, 410

F.3d 268, 274 (5th Cir.), cert. denied, 126 S. Ct. 298 (2005). 

Accordingly, we vacate the sentence and remand for resentencing

in accordance with the procedure set forth in United States v.

Bonilla-Mungia, 422 F.3d 316, 321-22 (5th Cir. 2005). We do not

reach Moreno’s alternative argument that the sentence was

unreasonable under 18 U.S.C. § 3553(a). 

With respect to Moreno’s contention that the district court

erred in ordering, as a condition of supervised release, that he

cooperate with the probation officer in the collection of DNA,

his claim is not ripe for judicial review in light of our holding

in United States v. Carmichael, 343 F.3d 756, 758 (5th Cir.

2003), cert. denied, 540 U.S. 1136 (2004). We reject Moreno’s

contention that Carmichael is distinguishable. See United States

v. Riascos-Cuenu, 428 F.3d 1100, 1102 (5th Cir. 2005), petition

for cert. filed, (Jan. 9, 2006) (No. 05-8662). Accordingly, we

dismiss this portion of the appeal for lack of jurisdiction. 

Moreno’s constitutional challenge to § 1326(b) is foreclosed

by Almendarez-Torres v. United States, 523 U.S. 224, 235 (1998). 

Although Moreno contends that Almendarez-Torres was incorrectly

decided and that a majority of the Supreme Court would overrule

Almendarez-Torres in light of Apprendi v. New Jersey, 530 U.S.

466 (2000), we have repeatedly rejected such arguments on the
No. 05-40267

-3-

basis that Almendarez-Torres remains binding. See Garza-Lopez,

410 F.3d at 276. Moreno 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.

CONVICTION AFFIRMED; APPEAL DISMISSED IN PART FOR LACK OF

JURISDICTION; SENTENCE VACATED AND REMANDED FOR RESENTENCING.
<PAGE>   1



                                  EXHIBIT 23.1


               CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS


We consent to the incorporation by reference in the Registration Statement (Form
S-8 No. 333-45697) pertaining to the Equity Incentive Plan and the Employee
Stock Purchase Plan, the Registration Statement (Form S-8 and Form S-3 Nos.
33-20301 and 33-35198, respectively) pertaining to the 1982 and 1987 Employee
Stock Option Plans, the Registration Statement (Form S-8 No. 33-30578)
pertaining to the 401(k) Plan, the Registration Statement (Form S-8 No.
33-37094) pertaining to the Employee Stock Purchase Plan, the Registration
Statement (Form S-3 No. 33-35129) pertaining to the 1990 Director Stock Option
Plan, the Registration Statement (Form S-3 No. 33-41880) pertaining to the March
1991 private placement of 1,250,000 units and the Registration Statement (Form
S-3) for the registration of 1,150,000 shares of convertible exchangeable
preferred stock, of our report dated January 28, 1998, with respect to the
financial statements of SEQUUS Pharmaceuticals, Inc. included in this Annual
Report (Form 10-K/A) for the year ended December 31,1997.

Our audits also included the financial statement schedule listed in Item 14(a)
of this Annual Report. This schedule is the responsibility of the Company's
management. Our responsibility is to express an opinion based on our audits. In
our opinion, the financial statement schedule referred to above, when considered
in relation to the basic financial statements taken as a whole, presents fairly
in all material respects the information set forth therein.



                                        /s/  ERNST & YOUNG LLP

Palo Alto, California
April 9, 1998







                                       59
Exhibit 32 CERTIFICATION  Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, the undersigned officer of Focus Gold Corporation, (the “Company”), does hereby certify, to such officer’s knowledge, that:  (1)    The quarterly report on form 10-Q of the Company for the quarter ended May 31, 2014 (“the Report”) fully complies with the requirements of section 13(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78m); and  (2)    The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.  Dated: July 21, 2014By:/s/ Michael ChooMichael Choo
Chairman, Chief Executive Officer, and sole Director   A signed original of this written statement required by Section 906 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.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Office of Personnel Management

          - [OMB Control No. 3206-0033; Form RI 25-7]

# AGENCY:

Office of Personnel Management.

# ACTION:

Notice.

# SUMMARY:

In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, May 22, 1995), this notice announces that the Office of Personnel Management (OPM) intends to submit to the Office of Management and Budget (OMB) a request for comments on a revised information collection. This information collection Marital Status Certification Survey, “(OMB Control No. 3206-0033; Form RI 25-7), is used to determine whether widows, widowers, and former spouses receiving survivor annuities from OPM have remarried before reaching age 55 and, thus, are no longer eligible for benefits.

There are approximately 24,000 respondents. Each form takes approximately 15 minutes to complete. The annual estimated burden is 625 hours.

                        For copies of this proposal, contact Cyrus S. Benson on (202) 606-4808,                               ( print page 31471)                            FAX (202) 606-0910 or via E-mail to                         *Cyrus.Benson@opm.gov.*                         Please include a mailing address with your request.                    

# DATES:

Comments on this proposal should be received within 30 calendar days from the date of this publication.

# ADDRESSES:

Send or deliver comments to—

James K. Freiert, Deputy Assistant Director, Retirement Services Program, Center for Retirement and Insurance Services, U.S. Office of Personnel Management, 1900 E Street, NW., Room 3305, Washington, DC 20415-3500.

and

OPM Desk Officer, Office of Information & Regulatory Affair, Office of Management and Budget, New Executive Office Building, 725 17th Street, NW., Room 10235, Washington, DC 20503.

For information regarding administrative  Coordination contact:

Cyrus S. Benson, Team Leader, Publications Team, RIS Support Services/Support Group, 1900 E Street, NW., Room 4H28, Washington, DC 20415, (202) 606-0623.

U.S. Office of Personnel Management.

John Berry,

Director.

[FR Doc. E9-15565 Filed 6-30-09; 8:45 am]

BILLING CODE 6325-38-P
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 20 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
H. RES. 20

  Amending the Rules of the House of Representatives to prohibit the 
consideration of a concurrent resolution to provide for a recess of the 
  House after July 31 of any year unless the House has approved each 
          regular appropriation bill for the next fiscal year.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2019

 Mr. Wittman submitted the following resolution; which was referred to 
                         the Committee on Rules

_______________________________________________________________________

                               RESOLUTION

 
  Amending the Rules of the House of Representatives to prohibit the 
consideration of a concurrent resolution to provide for a recess of the 
  House after July 31 of any year unless the House has approved each 
          regular appropriation bill for the next fiscal year.

    Resolved,

SECTION 1. SHORT TITLE.

    This resolution may be cited as the ``Stay on Schedule (S.O.S.) 
Resolution''.

SEC. 2. PROHIBITING RECESS DURING AUGUST UNTIL APPROVAL OF ALL REGULAR 
              APPROPRIATION BILLS.

    Rule XXI of the Rules of the House of Representatives is amended by 
adding at the end the following new clause:
``Concurrent resolution providing for adjournment during August
    ``13. If by July 31 of any calendar year the House has not passed 
each of the regular appropriation bills for the fiscal year which 
begins on October 1 of that calendar year, it shall not be in order to 
consider a concurrent resolution to provide that the House stand 
adjourned during any day occurring during August of that calendar year 
until the House has passed each such bill. For purposes of this clause, 
term `regular appropriation bill' means any annual appropriation bill 
which is under the jurisdiction of a single subcommittee of the 
Committee on Appropriations of the House of Representatives (as may be 
provided under the Rules for the fiscal year involved).''.
                                 <all>
```
EXHIBIT 32.1


                           CERTIFICATION PURSUANT TO
                            18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


     In connection with the Quarterly  Report on Form 10-QSB for the three-month
period  ending May 31,  2007 of  Carlateral,  Inc.,  a Nevada  corporation  (the
"Company"),  as filed with the  Securities  and Exchange  Commission on the date
hereof (the "Quarterly Report"), I, Don Cameron,  Chairman,  President and 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:

1.   The Quarterly  Report fully complies with the requirements of Section 13(a)
     or15(d) of the Securities and Exchange Act of 1934, as amended; and

2.   The information  contained in this Quarterly Report fairly presents, in all
     material respects,  the financial condition and results of operation of the
     Company.


/s/ DON CAMERON
    _____________________________________________
    Don Cameron
    President, Secretary Treasurer,
    Principal Executive Officer,
    Principal Financial Officer and sole Director


Date: July 3, 2007
EXHIBIT 32.1

 

 

WHOLEHEALTH PRODUCTS, INC.

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 Wholehealth Products, Inc. (the Company) on Form 10-Q for the period  ended February 28, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Joseph Arcaro, Principal  Executive  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 results of operations of the Company.

 

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

 

 

 

 Dated: October 5, 2012

 

By: /s/ Joseph Arcaro

Joseph Arcaro

Chief Executive Officer

(Principal Executive Officer)

EXHIBIT 32.2

 

 

WHOLEHEALTH PRODUCTS, INC.

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 Wholehealth Products, Inc. (the Company) on Form 10-Q  for the period  ended February 28, 2010 as filed with the Securities and Exchange  Commission on the date hereof (the Report), I, Joseph Arcaro, Principal 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 results of operations of the Company.

 

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

 

 

 

Dated: October 5, 2012

By: /s/ Joseph Arcaro

Joseph Arcaro 

Chief Financial Officer(Principal Financial Officer)
1T 

Kathrine M. Silver 

JACKSON WALKER L.L.P. (713) 752-4340 (Direct Dial) 

& (713) 308-4141 (Direct Fax) 

ksilver@jw.com 

July 22, 2015 

Mr. Christopher A. Prine, Clerk 

Court of Appeals, First District 

301 Fannin Street 

Houston, Texas 77002-2066 

Re: COA No. 01-07-00491-CV; Lakota Resources, Inc., David Wilstein and Leonard 

Wilstein, Individually and as Trustee v. Pathex Petroleum, Inc. and Dernick 

Resources, Inc. 

Dear Mr. Prine: 

Please allow this letter to serve as a request for a copy of any recording of the oral 

argument held in the above-referenced case on November 21, 2008. 

I appreciate your assistance in this matter. Please contact me at (713) 752-4340 with any 

information or questions you may have. 

Kathrine M. Silver 

KMS:tkd 

14120057v.1 131812/00002 

1401 McKinney Stre Suite 1900 Texas 77010 (713) 752-4200 (713) 752-4221 

— — 

Worth Angelo Sari Membet ,_ C 

ACCEPTED

01-07-00491-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

7/22/2015 5:18:05 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 7/22/2015 5:18:05 PM CHRISTOPHER A. PRINE Clerk
Exhibit 32.1

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Affinion Group, Inc. (the Company) on Form 10-Q for the
quarter ended September 30, 2006, as filed with the Securities and Exchange Commission on the date hereof (the Form 10-Q), I, Nathaniel J. Lipman, 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 to the best of my knowledge:

(i) the Form
10-Q fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934; and

(ii) the
information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and result of operations of the Company.

Dated: November 13, 2006.



|                                     
|-------------------------------------
|                                     
|/s/ Nathaniel J. Lipman              
|Nathaniel J. Lipman                  
|President and Chief Executive Officer
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 842 Introduced in House (IH)]

<DOC>

116th CONGRESS
  2d Session
H. RES. 842

Requiring an affirmative vote of a majority of the Members present and 
    voting, a quorum being present, on final passage of House Joint 
                             Resolution 79.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 10, 2020

 Mr. Raskin submitted the following resolution; which was referred to 
                         the Committee on Rules

_______________________________________________________________________

                               RESOLUTION

 
Requiring an affirmative vote of a majority of the Members present and 
    voting, a quorum being present, on final passage of House Joint 
                             Resolution 79.

    Resolved, That an affirmative vote of a majority of the Members 
present and voting, a quorum being present, shall be required on final 
passage of House Joint Resolution 79.
                                 <all>
```
CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER

PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTIONS 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report of IBroadband, Inc., on Form 10-QSB for the period ending June 30, 2006 as filed with the Securities and Exchange Commission on the date hereof, I, Matthew Hutchins, Chief Executive and Chief Financial Officer, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Sections 906 of the Sabanes-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 al material respects, the financial condition and result of operations of the Company.

IBroadband, Inc.





By/s/ Matthew Hutchins









Chief Financial and Executive Officer

Date:  August 8, 2006
In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

No. 06-15-00053-CR

MIKEL EUGENE HALL, JR., Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 5th District Court

Cass County, Texas

Trial Court No. 2013-F-00107

Before Morriss, C.J., Moseley and Burgess, JJ.
2

O R D E R

Court reporter Leslie P. Bates recorded the trial court proceedings in appellate cause 

number 06-15-00053-CR, styled Mikel Eugene Hall, Jr. v. The State of Texas, trial court cause 

number 2013-F-00107 in the 5th Judicial District Court of Cass County, Texas. The reporter’s 

record was originally due in this matter May 11, 2015. That deadline was extended twice by this 

Court on Bates’ requests, resulting in the most recent due date of July 10, 2015. Bates has now 

filed a third request seeking an additional extension of the filing deadline.

The Texas Rules of Appellate Procedure establish that “trial and appellate courts are jointly 

responsible for ensuring that the appellate record is timely filed.” TEX. R. APP. P. 35.3(c). The 

Rules further instruct that an “appellate court may enter any order necessary to ensure the timely 

filing of the appellate record.” Id. In furtherance of our responsibilities established by the Rules, 

we find we must take steps to ensure that the record in this case is filed in a reasonable amount of 

time.

Therefore, we overrule Bates’ third request for an extension of the filing deadline and 

hereby order her to file the reporter’s record in cause number 06-15-00053-CR, styled Mikel 

Eugene Hall, Jr. v. The State of Texas, trial court cause number 2013-F-00107 in the 5th Judicial 

District Court of Cass County, Texas, to be received by this Court no later than Friday, July 24, 

2015.

If the reporter’s record is not received by July 24, we warn Bates that we may begin 

contempt proceedings and order her to demonstrate why she should not be held in contempt of this 

Court for failing to obey its order.
3

IT IS SO ORDERED.

BY THE COURT

Date: July 21, 2015
<Page>

EXHIBIT 32.1

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT
TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Green Irons Holdings Corp., Form
10-QSB for the period ending January 31, 2007, as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), the undersigned, Andrew
Couvell, President, Chief Executive Officer, Chief Financial Officer, and
Principal Accounting Officer, of the Company, certifies, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Sec. 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.


Date: March 19, 2007

By: /s/ Andrew Couvell
        Andrew Couvell
        President, Chief Executive Officer,
        Chief Financial Officer, and Principal
        Accounting Officer
[Federal Register Volume 74, Number 125 (Wednesday, July 1, 2009)]
[Notices]
[Page 31456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15587]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Center for Scientific Review; Amended Notice of Meeting

    Notice is hereby given of a change in the meeting of the Center for 
Scientific Review Special Emphasis Panel, July 20, 2009, 8 a.m. to July 
21, 2009, 5 p.m., Hotel Palomar, 2121 P Street, NW., Washington, DC 
20037 which was published in the Federal Register on June 15, 2009, 74 
FR 28260-28262.
    The meeting will be held at the Ritz Carlton Hotel, 1150 22nd 
Street, NW., Washington, DC 20037. The meeting dates and time remain 
the same. The meeting is closed to the public.

    Dated: June 23, 2009.
Anna Snouffer,
Deputy Director, Office of Federal Advisory Committee Policy.
[FR Doc. E9-15587 Filed 6-30-09; 8:45 am]
BILLING CODE 4140-01-P