alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 17

- 40029 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.
MONT H GOMERY SALVADOR MAYORGA

- CASTILLO, also known as Salvador Lubian Castillo

- Garcia , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:16

- CR

- 609

- 1

Before WIENER, DENNIS, and SOUTHWICK, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Mont h gomery Salvador Mayorga

- Castillo has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Mayorga

- Castillo h a s been informed of the motion and has not filed a response.

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED October 2, 2017

Lyle W. Cayce Clerk Case: 17-40029 Document: 00514178542 Page: 1 Date Filed: 10/02/2017No. 17

- 40029

2 We have reviewed counsel’s brief and the relevant portions of the record reflected therein , and determine that “counsel has diligen tly investigated the possible grounds for appeal

. ” Anders , 386 U.S. at 742. W e agree with counsel’s assessment that Mayorga

- Castillo can raise no nonfrivolous issue on appeal challenging either his guilty plea or his sentence. Accordingly, counsel’s

m otion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR

. R. 42.2. Case: 17-40029 Document: 00514178542 Page: 2 Date Filed: 10/02/2017
In the United States Court of Federal Claims

No. 15-588 C

Filed: June 17, 2015

***************************************

*

GUAM INDUSTRIAL SERVICES, INC., *

*

Plaintiff, *

*

v. *

*

THE UNITED STATES, *

*

Defendant, *

*

v. *

*

CABRAS MARINE CORP., *

*

Defendant-Intervenor. *

*

***************************************

Lee Dougherty, Offit Kurman, P.A., Tysons Corner, VA, Counsel for the Plaintiff.

Amelia R.S.H. Lister-Sobotkin, United States Department of Justice, Civil Division, 

Washington, D.C., Counsel for the Government.

Paul Honigberg, Blank Rome LLP, Washington, D.C., Counsel for the Defendant-Intervenor. 

PRELIMINARY INJUNCTION ORDER

Pursuant to the June 17, 2015 telephonic status conference, the Government is 

preliminarily enjoined from activity on the disputed contract. An opinion will follow in the 

coming days.

IT IS SO ORDERED.

s/ Susan G. Braden

SUSAN G. BRADEN

Judge
I 

112TH CONGRESS 

1ST SESSION H. R. 2729 

To amend title XIX of the Social Security Act to extend to physician assistants eligibility for Medicaid incentive payments for the adoption and 

use of certified electronic health records, whether or not such physician 

assistants practice at a rural health center or Federally qualified health 

center. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 1, 2011 

Ms. BASS of California (for herself and Mr. TERRY) introduced the following 

bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To amend title XIX of the Social Security Act to extend 

to physician assistants eligibility for Medicaid incentive 

payments for the adoption and use of certified electronic 

health records, whether or not such physician assistants 

practice at a rural health center or Federally qualified 

health center. 

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 ‘‘Health IT Moderniza5 tion for Underserved Communities Act of 2011’’. 


srobinson on DSK4SPTVN1PROD with BILLS
2 

•HR 2729 IH

1 SEC. 2. EXTENDING PHYSICIAN ASSISTANT ELIGIBILITY 

2 FOR MEDICAID ELECTRONIC HEALTH 

3 RECORD INCENTIVE PAYMENTS. 

4 (a) IN GENERAL.—Section 1902(t)(3)(B)(v) of the 

5 Social Security Act (42 U.S.C. 1396b(t)(3)(B)(v)) is 

6 amended by striking ‘‘insofar as the assistant is practicing 

7 in a rural health clinic that is led by a physician assistant 

8 or is practicing in a Federally qualified health center that 

9 is so led’’. 

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

11 subsection (a) shall apply with respect to payments made 

12 for calendar quarters beginning on the date of enactment 

13 of this Act. 

Æ 


srobinson on DSK4SPTVN1PROD with BILLS
```

[Constitution of the United States of America:  Analysis, and Interpretation - 1992 Edition ]
[Amendments to the Constitution]
[Twenty-Second Amendment - Presidential Tenure]
[From the U.S. Government Printing Office, www.gpo.gov]

[[Page 1985]]

                         TWENTY-SECOND AMENDMENT
                               __________
 
 
                           PRESIDENTIAL TENURE

  Section 1. No person shall be elected to the office of the President 
more than twice, and no person who has held the office of President, or 
acted as President, for more than two years of a term to which some 
other person was elected President shall be elected to the office of the 
President more than once. But this Article shall not apply to any person 
holding the office of President when this Article was proposed by 
Congress, and shall not prevent any person who may be holding the office 
of President, or acting as President, during the term within which this 
Article becomes operative from holding the office of President or acting 
as President during the remainder of such term.
  Section 2. This Article shall be inoperative unless it shall have been 
ratified as an amendment to the Constitution by the legislatures of 
three-fourths of the several States within seven years from the date of 
its submission to the States by the Congress.

                    LIMITATION OF PRESIDENTIAL TERMS

        ``By reason of the lack of a positive expression upon the 
subject of the tenure of the office of President, and by reason of a 
well-defined custom which has risen in the past that no President should 
have more than two terms in that office, much discussion has resulted 
upon this subject. Hence it is the purpose of this . . . [proposal] 
. . . to submit this question to the people so they, by and through the 
recognized processes, may express their views upon this question, and if 
they shall so elect, they may . . . thereby set at rest this 
problem.''\1\

        \1\H.R. Rep. No. 17, 80th Cong., 1st Sess. 2 (1947).
```
tmok2010ex10_57.htm


Exhibit 10.57


 


THERMO FISHER SCIENTIFIC INC.


 


2008 STOCK INCENTIVE PLAN


 


The Thermo Fisher Scientific Inc. 2008 Stock Incentive Plan, pursuant to Section 11(d) thereof, is hereby amended in order to reflect compliance with the requirements of Section 409A of the Internal Revenue Code of 1986, as amended by inserting the following text immediately following the first sentence of Section 11(f):


 


“Accordingly, the terms of this Plan shall be interpreted as necessary to provide payments that comply with (or are exempt from) the requirements of Section 409A.  As an example, and without limiting the scope of the foregoing, to the extent that an Award provides for the deferral of compensation and is subject to (and not exempt from) Section 409A and the Award provides payment upon a Change in Control Event or provides for a different time and form of payment in connection with terminations following a Change in Control Event, a Change in Control Event shall in the context of such payment provisions mean an event that both (i) is described as a Change in Control Event and (ii) is described in Code Section 409A(a)(2)(A)(v).”


 


Adopted by the Compensation Committee and effective on:  November 10, 2010
#### Julia RANGEL-AYALA, Petitioner, v. Michael B. MUKASEY,* Attorney General, Respondent.

No. 06-72562.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 20, 2007.**

Filed Dec. 28, 2007.

Celeste S. Castro, Esq., Law Offices of Celeste S. Castro, Huntington Beach, CA, for Petitioner.

CAC-District Counsel, Esq., Office of the District Counsel, Department of Homeland Security, Los Angeles, CA, Ronald E. Lefevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, Lisa M. Arnold, Esq., DOJ—U.S. Department of Justice Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

Before: GOODWIN, WALLACE, and HAWKINS, Circuit Judges.

*

 Michael B. Mukasey is substituted for his predecessor, Alberto R. Gonzales, as Attorney General of the United States, pursuant to Fed. R.App. P. 43(c)(2).

**

The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM ***

Julia Rangel-Ayala seeks review of an order of the Board of Immigration Appeals (“BIA”) upholding an immigration judge’s order denying her application for cancellation of removal. We dismiss the petition for review.

We lack jurisdiction to review the BIA’s discretionary determination that RangelAyala failed to show exceptional and extremely unusual hardship to a qualifying relative. *See Romero-Torres v. Ashcroft,*327 F.3d 887, 892 (9th Cir.2003).

Rangel-Ayala’s contention that the agency deprived her of due process by misapplying the law to the facts of her case does not state a colorable due process claim. *See Martinez-Rosas v. Gonzales,*424 F.3d 926, 930 (9th Cir.2005) (“[Tjraditional abuse of discretion challenges recast as alleged due process violations do not constitute colorable constitutional claims that would invoke our jurisdiction.”); *see also Sanchez-Cruz v. INS,*255 F.3d 775, 779 (9th Cir.2001) (holding that the “misapplication of case law” may not be reviewed).

PETITION FOR REVIEW DISMISSED.

***

 jjjis disposition is not appropriate for publi*936cation and is not precedent except as provided by 9th Cir. R. 36-3.
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</TABLE>
<PAGE>
                                                                      EXHIBIT 24


                                POWER OF ATTORNEY

         KNOW ALL MEN BY THESE PRESENTS, that each of the undersigned directors
and/or officers of TEXAS EASTERN PRODUCTS PIPELINE COMPANY, LLC (the "Company"),
a Delaware limited liability company, acting in its capacity as general partner
of TEPPCO Partners, L.P., and TE Products Pipeline Company, Limited Partnership,
each a Delaware limited partnership, does hereby appoint CHARLES H. LEONARD,
BARRY R. PEARL, JAMES C. RUTH AND WILLIAM L. THACKER, and each of them, his true
and lawful attorney and agent to do any and all acts and things, and execute any
and all instruments which, with the advise and consent of Counsel, said attorney
and agent may deem necessary or advisable to enable the Company to comply with
the Securities Act of 1934, as amended, and any rules, regulations, and
requirements thereof, to sign his name as a director and/or officer of the
Company to the Form 10-K Report for TEPPCO Partners, L.P. and for TE Products
Pipeline Company, Limited Partnership, each for the year ended December 31,
2001, and to any instrument or document filed as a part of, or in accordance
with, each said Form 10-K or amendment thereto; and the undersigned do hereby
ratify and confirm all that said attorney and agent shall do or cause to be done
by virtue hereof.

         IN WITNESS WHEREOF, the undersigned have subscribed these presents this
14th day of March, 2002.


 /s/ WILLIAM L. THACKER                     /s/ JIM W. MOGG
---------------------------------          -----------------------------------
William L. Thacker                          Jim W. Mogg


/s/ MILTON CARROLL                         /s/ FRED J. FOWLER
---------------------------------          -----------------------------------
Milton Carroll                              Fred J. Fowler


/s/ CARL D. CLAY                           /s/ MARK A. BORER
---------------------------------          -----------------------------------
Carl D. Clay                                Mark A. Borer


/s/ JOHN P. DESBARRES                      /s/ WILLIAM W. SLAUGHTER
---------------------------------          -----------------------------------
John P. DesBarres                           William W. Slaughter


/s/ DERRILL CODY                           /s/ CHARLES H. LEONARD
---------------------------------          -----------------------------------
Derrill Cody                                Charles H. Leonard
                                            Senior Vice President
CIRCUIT COURT OF THE CITY OF NORFOLK

#### Commonwealth of Virginia v. Price Club East, Inc.

December 2, 1985

By JUDGE JOHN E. CLARKSON

This matter comes before the court again on defendant’s motion to set aside a jury verdict and to dismiss the indictment.

I find that Price Club East, Inc. (hereinafter defendant) is a corporation organized under the laws of California and holding a certificate of authority to transact business in the Commonwealth of Virginia. The defendant has been indicted under three misdemeanor indictments alleging that they transacted business on December 16, 23, and 30, 1984, in violation of Virginia Code § 18.2-341, and this case only involves the violation of December 16, 1984.

The evidence showed, and I find, that the Virginia Department of Alcoholic Beverage Control issued defendant a license type "wine and beer off premises, grocery store." The Department of Public Health for Norfolk, Virginia, issued their permit for the defendant to operate as a grocery store. The City of Norfolk issued its license for "merchant, retail," "merchant, wholesale," and "tobacco, retail." I find from a review of the evidence and exhibits and especially from defendant’s Exhibit No. 2 that during the period of November 19, 1984, through August 31, 1985, the defendant had sales of the following items and percent of sales:

> *269Foods 17.56%

> Perishable Foods 8.22

> Beverages 5.19

> Candy 5.03

> Cigarettes 5.12

> Sundries ("soaps, and cleaning products, dog food") 9.36

> Total 50.48%

Defendant is a large store selling goods to individuals in bulk size (wholesale) amounts and sells more food than any other item in percentage of sales. Therefore, the Commonwealth has not proved to my satisfaction that the defendant’s principal business is not the sale of food (17.56) and beverages (5.19). Food is the largest single category of sales and the above listed items, usually found in "food stores," amount to over 50% of sales. Food stores are exempt under Virginia Code Section 18.2-341(15) and businesses and industries which are food dealers, one whose *principal*business is the sale of food is permitted, incidental to the operation of its business on Sunday, to sell such non-food items as are sold in the ordinary and normal course of its business. *Bonnie Belo*v. *Commonwealth,*217 Va. 84 (1976).

As the Commonwealth failed to prove that the defendant’s principal business was not the sale of food and beverages, I will sustain the Motion to Set Aside the Jury’s Verdict, and I have today dismissed the indictment.
Exhibit 23.1




CONSENT
OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM




We consent to the incorporation by
reference in Registration Statement Nos. 333-153314, 333-146108 and 33-81976 on
Form S-3, and Registration Statement Nos. 333-143554 and 333-141919on Form S-8
of our reports dated March 2, 2009, relating to the consolidated financial
statements of TEPPCO Partners, L.P. and subsidiaries, and the effectiveness of
TEPPCO Partners, L.P. and subsidiaries’ internal control over financial
reporting, and did
not include the internal control over financial reporting of the operations
related to the 2008 acquisitions of Cenac Towing Co., Inc., Cenac Offshore,
L.L.C. and Mr. Arlen B. Cenac, Jr. and Horizon Maritime, L.L.C.,appearing in this Annual Report on Form 10-K of TEPPCO Partners, L.P. for
the year ended December 31, 2008.










/s/  Deloitte
& Touche LLP







Houston,
Texas


March 2,
2009
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 96-7869
MACK P. CARTER, Petitioner - Appellant, versus LONNIE M. SAUNDERS, Warden, Respondent - Appellee.Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, District Judge. (CA-96-247) Submitted: June 19, 1997 Decided: June 26, 1997 Before WILKINS and MICHAEL, Circuit Judges, and BUTZNER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Mack P. Carter, Appellant Pro Se. Linwood Theodore Wells, Jr., Assistant Attorney General, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant seeks to appeal the district court's order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1997). We have reviewed the record and the district court'sopinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. Carter v. Saunders , No. CA-96-247 (E.D. Va. Nov. 20, 1996). 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.

DISMISSED
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<PAGE>

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