alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5TH 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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED March 8, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 04-41677 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JESUS FRANCISCO MORALES-AGUSTINE, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 5:04-CR-921-ALL

-------------------- Before HIGGINBOTHAM, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM: * Jesus Francisco Morales-Agustine (Morales) appeals the 80- month sentence imposed following his guilty-plea conviction of illegal reentry into the United States after being deported. Morales contends that his sentence is illegal under United States v. Booker , 543 U.S. 220 (2005), because it was imposed pursuant to a mandatory application of the United States Sentencing Guidelines. He thus alleges a “Fanfan” error. See United States v. Walters , 418 F.3d 461, 463 (5th Cir. 2005). Fanfan error is not a structural error. Id. However, theNo. 04-41677 -2- Government concedes that the Fanfan error was preserved, so we review for harmless error. See id. at 464. The Government has failed to carry its burden of showing beyond a reasonable doubt that the district court’s Fanfan error had no effect Morales’s sentence. See id. We therefore vacate the sentence and remand for resentencing in accordance with Booker

. See id. Morales contends that the sentence-increasing provisions of 8 U.S.C. § 1326(b) are unconstitutional and that this court should remand his case for resentencing to no more than two years in prison under 8 U.S.C. § 1326(a). As he concedes, this contention is foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998). CONVICTION AFFIRMED; SENTENCE VACATED; REMANDED FOR RESENTENCING.
# Third District Court of Appeal State of Florida
Opinion filed September 4, 2024

. Not final until disposition of timely filed motion for rehearing.

________________ No. 3D23

- 742 Lower Tribunal No. 21

- 23102

________________


### Carlos M. Gonzalez , Appellant,

vs. 

### Universal Property & Casualty Insurance Company , Appellee.

An Appeal from the Circuit Court for Miami

- Dade County, William Thomas , Judge. Property Litigation Group PLLC and Melissa Duran (Miramar) , for appellant. Link & Rockenbach, PA., and Kara Rockenbach Link and David A. Noel (West Palm Beach) , for appellee.

Before FERNANDEZ, MILLER and LOBREE , JJ.
PER CURIAM.2

Affirmed. See Estate of Herrera v. Berlo Indus., Inc. , 840 So. 2d 272, 273 (Fla. 3d DCA 2003) (“ [ I ] ssues not presented in the trial court cannot be raised for the first time on appeal.”); Aris v. Applebaum , 184 So. 3d 633 (Fla. 3d DCA 2016) (holding party who believes error has not been cured by

court ’ s actions must contemporaneously move for mistrial in order to preserve issue for later consideration of motion for new trial); Rohrback v.
Dauer , 528 So. 2d 1362 (Fla. 3d DCA 1988) (finding no abuse of discretion
when trial court is unconvinced that counsel ’ s remarks were so egregious as

to interfere with essential justice of result).
FSIS On-The-Job (OJT) Training Program 

Do you know someone who is interested in the Consumer Safety Inspector position? Did you know that 

FSIS has Development Guides designed to prepare Food Inspectors for the CSI position? The Center for 

Learning (CFL) has several employee development guides to aid supervisors and employees participating 

in on-the-job career development. 

The development guides provide resources to aid the supervisor's training efforts in the first crucial 

phase of a new inspector's career. These resource materials have been drawn primarily from Agency 

issuances (e.g., regulations and directives) and current CFL training materials to help new inspectors 

understand the importance of their role in the regulatory environment, while providing a uniform 

foundation of food safety knowledge. 

The Food Inspector Guides (Poultry Slaughter Inspection Development Guide and Livestock Slaughter 

Inspection Development Guide) are set up in the following sections and designed to be completed one 

topic at a time: 

Step A – Orientation in District Office 

Step B – Pre-Classroom Structured On-the-Job Training (OJT) 

Step C – Final Evaluation 

Step D – Formal Classroom Training by CFL 

Step E – Documentation of Training and Tracking 

The Consumer Safety Inspector Development Guide is intended for use by GS-7 slaughter inspectors 

being promoted into GS-8 slaughter and/or processing positions. Only steps applicable to the 

assignment are to be completed, one topic at a time. The CSIDG contains the following topics: 

Step A – Orientation to a GS-8 Position 

Step B – Ante-Mortem and Humane Handling 

Step C – Postmortem 

Step D – Methodology 

Step E – Other Duties 

Step F – Documentation of Training and Tracking 

The guides are posted on Inside FSIS. In the Employee Services Menu, click “Training” then “Featured 

CFL Courses and Programs” from the center menu. 

Or click the link below (requires Level 2 eAuthentication credentials) 

https://inside.fsis.usda.gov/fsis/emp/static/centerContent/fsisPage.jsp?keyword=eLearning1234 

InsideFSIS 

http://www.fsis.usda.gov/employees 

If you are an OFO field supervisor, please consider downloading the appropriate guide, printing it, and 

providing it to field employees who do not have access to Inside FSIS. 

OOEET, Training Operations Branch 

1/9/2017
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 Annual Report of Cubist Pharmaceuticals (the "Company") on Form 10-K for the period ending December 31, 2007 as
filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Michael W. Bonney, President and Chief Executive Officer of Cubist, 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 results of operations of Cubist.

|February 29, 2008 |  | /s/MICHAEL W. BONNEYMichael W. Bonney President and Chief Executive Officer
|----------------- |  | ---------------------------------------------------------------------------

---



QuickLinks
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2439 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2439

 To amend the Internal Revenue Code of 1986 to allow for an unlimited 
 number of shareholders in an S corporation if all of the shareholders 
                    are members of the same family.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 16, 1993

   Mr. Shaw introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
 To amend the Internal Revenue Code of 1986 to allow for an unlimited 
 number of shareholders in an S corporation if all of the shareholders 
                    are members of the same family.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
    (a) In General.--Subsection (b) of section 1361 (relating to small 
business corporations) is amended by adding at the end thereof the 
following new paragraph:
            ``(3) Exception for family-held corporation.--
                    ``(A) In general.--Subparagraph (A) of paragraph 
                (1) shall not apply to a corporation all of the 
                shareholders of which are members of the same family.
                    ``(B) Members of the same family.--For purposes of 
                this paragraph, the term ``members of the same family'' 
                means the lineal descendants of a common ancestor and 
                the spouses (or former spouses) of such lineal 
                descendants or common ancestor.
                    ``(C) Common ancestor.--For purposes of this 
                paragraph, an individual shall not be considered a 
                common ancestor if, as of the later of the effective 
                date of this paragraph or the time the election under 
                section 1362(a) is made, the individual is more than 
                four generations removed from the youngest generation 
                of shareholders.
                    ``(D) Effect of adoption.--Individuals related by 
                legal adoption or by half-blood shall be treated as 
                related by whole blood.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to taxable years beginning on or after the date of 
enactment of this Act.

                                 <all>
```
**Exhibit 23.1**

**CONSENT OF INDEPENDENT REGISTERED PUBLICACCOUNTING FIRM**

We consent to the incorporation by reference inRegistration Statements on Form S-8 (Nos. 333-09873, 333-82357, 333-106129,333-129447 and 333-130336) and Registration Statements on Form S-3 (Nos.333-04298, 333-28129, 333-82455, 333-88211, 333-87774, 333-104677, 333-106207,333-121312, 333-128181 and 333-131426) of our reports dated February 28, 2007,relating to the consolidated financial statements of Evergreen Energy Inc.(which report expresses an unqualified opinion and includes an explanatoryparagraph relating to the change in method of accounting for stock-basedcompensation) and management’s report on the effectiveness of internal controlover financial reporting of Evergreen Energy Inc., appearing in the AnnualReport on Form 10-K of Evergreen Energy Inc. for the year ended December 31,2006.

Deloitte & Touche LLP

Denver, COFebruary 28, 2007

 

----
<TABLE> <S> <C>


<ARTICLE>                     9
<LEGEND>
The schedule contains summary financial information extracted from Form 10-KSB
for the fiscal year ended June 30, 2000 and is qualified in its entirety by
reference to such financial statements.
</LEGEND>
<MULTIPLIER>                                   1000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              JUN-30-2000
<PERIOD-END>                                   JUN-30-2000
<CASH>                                           2,477
<INT-BEARING-DEPOSITS>                             496
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                      2,231
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                         86,832
<ALLOWANCE>                                        259
<TOTAL-ASSETS>                                 100,685
<DEPOSITS>                                      53,648
<SHORT-TERM>                                    10,500
<LIABILITIES-OTHER>                              1,103
<LONG-TERM>                                     18,784
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             9
<OTHER-SE>                                      16,641
<TOTAL-LIABILITIES-AND-EQUITY>                 100,685
<INTEREST-LOAN>                                  6,608
<INTEREST-INVEST>                                  413
<INTEREST-OTHER>                                     0
<INTEREST-TOTAL>                                 7,021
<INTEREST-DEPOSIT>                               2,731
<INTEREST-EXPENSE>                               1,254
<INTEREST-INCOME-NET>                            3,036
<LOAN-LOSSES>                                       36
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                  2,006
<INCOME-PRETAX>                                  1,678
<INCOME-PRE-EXTRAORDINARY>                       1,678
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,141
<EPS-BASIC>                                        .78
<EPS-DILUTED>                                      .76
<YIELD-ACTUAL>                                    8.12
<LOANS-NON>                                        731
<LOANS-PAST>                                       244
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                   242
<CHARGE-OFFS>                                       19
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                                  259
<ALLOWANCE-DOMESTIC>                               259
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                            259



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

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S UNAUDITED CONSOLIDATED FINANCIAL STATEMENTS FOR THE THREE MONTHS ENDED
DECEMBER 31, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
CONSOLIDATED FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-2000
<PERIOD-START>                             OCT-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                           2,921
<SECURITIES>                                         0
<RECEIVABLES>                                    7,615
<ALLOWANCES>                                       108
<INVENTORY>                                      1,892
<CURRENT-ASSETS>                                13,314
<PP&E>                                           2,443
<DEPRECIATION>                                   1,105
<TOTAL-ASSETS>                                  18,927
<CURRENT-LIABILITIES>                           11,539
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                         23
<COMMON>                                            93
<OTHER-SE>                                       7,191
<TOTAL-LIABILITY-AND-EQUITY>                    18,927
<SALES>                                          8,341
<TOTAL-REVENUES>                                 8,341
<CGS>                                            5,824
<TOTAL-COSTS>                                    2,662
<OTHER-EXPENSES>                                    63
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 115
<INCOME-PRETAX>                                  (287)
<INCOME-TAX>                                        37
<INCOME-CONTINUING>                              (324)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (324)
<EPS-BASIC>                                     (0.04)
<EPS-DILUTED>                                   (0.04)


</TABLE>
Exhibit 32.3

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

I,
Dennis R. Secor, Senior Vice President and Chief Financial Officer of Guess?, Inc. (the "Company"), do hereby 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:



Date: March 30, 2010

By:

/s/ DENNIS R. SECOR Dennis R. Secor Senior Vice President and
Chief Financial Officer


A
signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the
electronic version of this written statement required by Section 906, has been provided to Guess?, Inc. and will be retained by Guess?, Inc. and furnished to the Securities and
Exchange Commission or its staff upon request.

---



QuickLinks
tat-ex101_10.htm



Exhibit 10.1

 

LANDLORD CONSENT 

SUBLEASE AGREEMENT

16803 DALLAS PARKWAY

 

This Landlord Consent (“Consent”) executed the 30th day of June, 2020 and dated effective as of the 1st day of July, 2020 (the “Effective Date”) is entered into by and among Longfellow Energy LP, a Texas limited partnership (“Landlord”) and TransAtlantic Petroleum (USA) Corp., previously a Colorado company, now a Delaware company (“Tenant”).  For valuable consideration, the receipt and sufficiency of which is acknowledged, Landlord and Tenant agree to the following terms and conditions herein.

 

RECITALS

 

WHEREAS, Tenant is the tenant under that certain Sublease Agreement executed on August 7, 2018 with an Effective Date of June 14, 2018 (“Sublease”), under which Landlord leased to Tenant commercial office space (“Premises”) as set out in the Sublease;

 

WHEREAS, The Sublease is set to terminate on June 30, 2020;

 

WHEREAS, Tenant desires to continue subleasing the Premises under the same terms and conditions set out in the Sublease on a month-to-month tenancy; and

 

WHEREAS, Paragraph 19 of the Sublease requires Landlord’s consent for the Sublease to be a month-to-month tenancy.

 

AGREEMENT

 

For good and valuable consideration, the receipt and sufficiency of which are acknowledged, Landlord and Tenant agree as follows:

 


	
1.
	
General Terms.  All capitalized terms used in this Consent shall have the same meanings as set forth in the Sublease, unless otherwise provided below:




 


	
 
	
a.
	
“Effective Date” shall mean July 1, 2020.




 


	
 
	
b.
	
“Term” shall mean: The Sublease shall be month-to-month commencing on the Effective Date and shall be terminable by either party on 30 days’ written notice.




 


	
2.
	
Landlord’s Consent.  As of the Effective Date herein, Landlord consents to the Sublease continuing on a month-to-month basis with the rights of each Tenant and Landlord to terminate the Sublease upon 30 days’ written notice.




 


	
3.
	
Other Agreements.  Other than the Sublease, and this Consent, there are no other agreements or understandings, whether written or oral, between Tenant and Landlord.  This Consent shall not be amended orally, but only by an agreement in writing signed by all parties to this Consent.




 


	
4.
	
Binding Effect.  This Consent shall be binding on and inure to the benefit of the parties to this Consent and their successors and permitted assigns.







 



 

 

 

SIGNATURE PAGE

LANDLORD CONSENT  

SUBLEASE AGREEMENT

16803 DALLAS PARKWAY

 


				
	
 
		
	
LANDLORD:

 

Longfellow Energy, LP, 

a Texas limited partnership

By Deut 8, LLC, its General Partner
	
	
 

	
 

 
	
 
	
	
By:
	
/s/ N. Malone Mitchell 3rd
	
 
	
	
 
	
N. Malone Mitchell 3rd, Manager
	
 
	



 


				
	
 
		
	
TENANT:

 

TransAtlantic Petroleum (USA) Corp.

a Delaware company
	
	
 

	
 

 
	
 
	
	
By:
	
/s/ Tabitha T. Bailey
	
 
	
	
 
	
Tabitha T. Bailey, Vice President, General Counsel, Corporate Secretary
	
 
	



 

 

 

Landlord Consent - Sublease  (LFE-TAT) – Page 2 of 2
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                         132,687
<SECURITIES>                                         0
<RECEIVABLES>                                  802,659
<ALLOWANCES>                                    84,952
<INVENTORY>                                    590,618
<CURRENT-ASSETS>                             1,537,965
<PP&E>                                       3,930,864
<DEPRECIATION>                               1,119,953
<TOTAL-ASSETS>                               5,957,852
<CURRENT-LIABILITIES>                        1,825,777
<BONDS>                                        759,475
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                    226,683
<COMMON>                                    13,011,401
<OTHER-SE>                                  10,433,221
<TOTAL-LIABILITY-AND-EQUITY>                 5,957,852
<SALES>                                      1,024,692
<TOTAL-REVENUES>                             1,024,692
<CGS>                                          799,982
<TOTAL-COSTS>                                  799,982
<OTHER-EXPENSES>                               719,245
<LOSS-PROVISION>                                20,000
<INTEREST-EXPENSE>                            (21,010)
<INCOME-PRETAX>                              (515,545)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (515,545)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (515,545)
<EPS-BASIC>                                     (0.09)
<EPS-DILUTED>                                   (0.09)


</TABLE>
EXHIBIT
32.1








CERTIFICATION
BY CHIEF EXECUTIVE OFFICER PURSUANT TO


18 U.S.C.
SECTION 1350


(SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002)








In
connection with the Quarterly Report of PICO Holdings, Inc. (the “Company”) on
Form 10-Q for the three months ended March 31, 2008, as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I, John R.
Hart, President 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 (“Section 906”), that to the best of my knowledge:





(1)            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 results of operations of the Company.














Date: 
May 7, 2008





/s/ John R.
Hart


John R.
Hart


President
and Chief Executive Officer