alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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 22, 2003 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-40372 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus EZEQUIEL GUANERJES LOPEZ-DELEON, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. M-02-CR-784-1

-------------------- Before KING, Chief Judge, and JOLLY and STEWART, Circuit Judges.
PER CURIAM: * Ezequiel Guanerjes Lopez-DeLeon appeals the sentence imposed following his guilty plea conviction of being found in the United States after deportation/removal in violation of 8 U.S.C. § 1326. Lopez-DeLeon complains that his sentence was improperly enhanced pursuant to 8 U.S.C. § 1326(b) based on a prior conviction. Heargues that the sentencing provision is unconstitutional. LopezDeLeon thus contends that his sentence should not exceed the maximum terms of imprisonment prescribed in 8 U.S.C. § 1326(a).No. 03-40372 -2-
In Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998), the Supreme Court held that the enhanced penalties in 8 U.S.C. § 1326(b) are sentencing provisions, not elements of separate offenses. The Court further held that the sentencing provisions do not violate the Due Process Clause. Id. at 239-47. Lopez-DeLeon acknowledges that his argument is foreclosed by Almendarez-Torres , but asserts that the decision has been cast into doubt by Apprendi v. New Jersey , 530 U.S. 466, 490 (2000). He seeks to preserve his argument for further review. Apprendi did not overrule Almendarez-Torres
. See Apprendi , 530 U.S. at 489-90; United States v. Dabeit , 231 F.3d 979, 984 (5th Cir. 2000). This court must follow Almendarez-Torres “unless and until the Supreme Court itself determines to overrule it.” Dabeit , 231 F.3d at 984 (internal quotation marks and citation omitted). The judgment of the district court is
AFFIRMED. The Government has moved for a summary affirmance in lieu of filing an appellee’s brief. In its motion, the Government asks that an appellee’s brief not be required. The motion is GRANTED.
AFFIRMED; MOTION GRANTED.
### §850a. Art. 50a. Defense of lack of mental responsibility

(a) It is an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of the acts. Mental disease or defect does not otherwise constitute a defense.

(b) The accused has the burden of proving the defense of lack of mental responsibility by clear and convincing evidence.

(c) Whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall instruct the members of the court as to the defense of lack of mental responsibility under this section and charge them to find the accused—

(1) guilty;

(2) not guilty; or

(3) not guilty only by reason of lack of mental responsibility.

(d) Subsection (c) does not apply to a court-martial composed of a military judge only. In the case of a court-martial composed of a military judge only, whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall find the accused—

(1) guilty;

(2) not guilty; or

(3) not guilty only by reason of lack of mental responsibility.

(e) Notwithstanding the provisions of section 852 of this title (article 52), the accused shall be found not guilty only by reason of lack of mental responsibility if—

(1) a majority of the members of the court-martial present at the time the vote is taken determines that the defense of lack of mental responsibility has been established; or

(2) in the case of a court-martial composed of a military judge only, the military judge determines that the defense of lack of mental responsibility has been established.

(Added Pub. L. 99–661, div. A, title VIII, §802(a)(1), Nov. 14, 1986, 100 Stat. 3905; Pub. L. 114–328, div. E, title LVII, §5233, Dec. 23, 2016, 130 Stat. 2915.)

#### **Editorial Notes**

#### Amendments

2016—Subsec. (c). Pub. L. 114–328, in introductory provisions, struck out ", or the president of a court-martial without a military judge," after "the military judge".

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 2016 Amendment

Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

#### Effective Date

Pub. L. 99–661, div. A, title VIII, §802(b), Nov. 14, 1986, 100 Stat. 3906, provided that: "Section 850a of title 10, United States Code, as added by subsection (a)(1), shall apply only to offenses committed on or after the date of the enactment of this Act [Nov. 14, 1986]."
## Breadcrumb

-  Home 
-  Employers & Practitioners 
-  Plan Terminations 
-  Premiums 
-  Termination Premium Payment Package 

This page has not been translated. Please go to PBGC.gov's Spanish home page for more information available in Spanish.

Esta página no ha sido traducida. Por favor vaya a la página principal del sitio de español de PBGC para ver información disponible en español.

# Termination Premium Payment Package 

Under the Employee Retirement Income Security Act of 1974 (ERISA) and PBGC's regulations, a premium ("termination premium") must be paid to PBGC annually for three years after plan termination for certain distress and involuntary pension plan terminations. The premium is $1,250 per participant except for certain airline-related plans. The booklet provided below explains what terminations the termination premium applies to, how the amount of the termination premium is determined, who is liable to pay the premium, when it must be paid, and requirements for remitting the premium and providing related information to PBGC.

Termination Premium Payment Package, including PBGC Form T

April 27, 2017
# C_2014044EN.01000602.xml

| 15.2.2014 | EN | Official Journal of the European Union | C 44/6 |
| --- | --- | --- | --- |

15.2.2014

EN

Official Journal of the European Union

C 44/6

---

Information communicated by Member States regarding closure of fisheries

(2014/C 44/08)

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

1

| Date and time of closure | 17.12.2013 |
| --- | --- |
| Duration | 17.12.2013-31.12.2013 |
| Member State | Belgium |
| Stock or group of stocks | SRX/2AC4-C |
| Species | Skates and rays (Rajiformes) |
| Zone | EU waters of IIa and IV |
| Type(s) of fishing vessels | — |
| Reference number | 86/TQ39 |

Date and time of closure

17.12.2013

Duration

17.12.2013-31.12.2013

Member State

Belgium

Stock or group of stocks

SRX/2AC4-C

Species

Skates and rays (Rajiformes)

Rajiformes

Zone

EU waters of IIa and IV

Type(s) of fishing vessels

—

Reference number

86/TQ39

---

(1)  OJ L 343, 22.12.2009, p. 1.

1

---
§ 533.1 Requirement for review and approval. Subject to the Chairman's approval, an Indian tribe may enter into a management contract for the operation of a class II or class III gaming activity. ( a ) Such contract shall become effective upon approval by the Chairman.
( b ) Contract approval shall be evidenced by a Commission document dated and signed by the Chairman. No other means of approval shall be valid.
[58 FR 5829, Jan. 22, 1993, as amended at 74 FR 36935, July 27, 2009]
# Attachment 2

Seminole Plant Water Diagram200GPM , 90 Min/DayEVAP957GPMEVAP20GPMEVAP1032 GPM1020 GPM170GPMRAINFALL1632GPM55 GPM1750GPM1750GPM174GPMGYPSUM SLUDGEDemin RegenNH3 TO SCRPolisher Regen1177TPDWaterWaterUREACOMMON FGDSYSTEMSUPERNATE RETURNTANKSFGD EffluentBLOWDOWNAsh Pile Run OffLEACHATELandfill Run OffGypsum PileRun OffSOLDSOLID WASTEDISPOSALFLTBWTruck Wash WaterSEMINOLE GENERATING STATIONFGD RecircUREASLUDGE442GPM61GPM0.3 TPDPURGEWATERSLUDGE158TPD61GPM50GPM55GPMBOILER MAKEUP442GPM889GPM61GPM25GPM52GPM4359GPM1032GPM8000TONS, 1X/YR25GPMFIRE PROTECTION SYSTEMBASIN3GPM61 GPMSLUDGE191GPM3291GPMBOTTOM ASHSLUDGE195TPD113GPMWASTE SLUDGE191GPM548GPM25 Tons, 4x/yr14GPMPRETREATMENT BLOWDOWN/SLUDGEPOTABLE WATER SYSTEM133GPMQUENCH WATER85GPM85GPM110GPMPURGEWATERTREATMENT SYSTEMSURGE TANKWASTEWATERTREATMENT SYSTEMBottom Ash SystemCommon PlantServices(Unit 1 and Unit 2)PRETREATMENTSYSTEMDEMINERALIZERSYSTEMNEUTRALIZATIONRAWWATERWELLSINTAKEUREA TO AMMONIASYSTEMSANITARYTREATMENTD-001I-006I-002MFA/LANDFLANDFBOILERBLOWDOWNSOLDHAULFDW110GPMRAINFALL525,000 GPD, 4D/YR4GPMEVAP2GPMEVAP2GPMEVAPRAINFALLRAINFALL8050GPM6GPM133 GPM1117GPMSolids480 TONS,1X/YRRIVER11051GPM11341GPM3291GPMWATERINTAKECOAL PILE RUNOFFPONDSCOOLINGTOWERSPercolation PondsAir HeaterI-004A & BLANDFILL
### [§2791. Repealed. Pub. L. 104–201, div. A, title XI, §1121(b), Sept. 23, 1996, 110 Stat. 2687]

Section, added Pub. L. 97–295, §1(50)(C), Oct. 12, 1982, 96 Stat. 1299, related to establishment and duties of Defense Mapping Agency.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of Repeal

Repeal effective Oct. 1, 1996, see section 1124 of Pub. L. 104–201, set out as an Effective Date of 1996 Amendment note under section 193 of this title.
<TABLE> <S> <C>

<ARTICLE>      5
               <LEGEND>       THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION
               EXTRACTED FROM THE LIL MARC, INC. FINANCIAL
               STATEMENTS FOR THE PERIOD ENDED JUNE 30, 1998 AND IS
               QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
               FINANCIAL STATEMENTS.
<MULTIPLIER>   1
       
<S>                           <C>                     
<PERIOD-TYPE>                 6-MOS                   
<FISCAL-YEAR-END>                          DEC-30-1998
<PERIOD-START>                              JAN-1-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                          23,994           
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                23,994           
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  45,595
<CURRENT-LIABILITIES>                            1,313
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        16,816
<OTHER-SE>                                      43,841
<TOTAL-LIABILITY-AND-EQUITY>                    45,595
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                    7,124
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (7,124)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (7,124)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (7,124)
<EPS-PRIMARY>                                    (.00)
<EPS-DILUTED>                                    (.00)
        

</TABLE>
**Exhibit      32.2**

**Certification      Pursuant to 18 U.S.C. Section 1350, **

**As      Adopted Pursuant to Section 906 of the Sarbanes – Oxley Act of      2002**

|   | (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. |
|--------|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| /s/                Richard Szefc       |
|----------------------------------------|
| Richard                Szefc           |
| Chief                Financial Officer |

----
# C_2006281EN.01003803.xml

| 18.11.2006 | EN | Official Journal of the European Union | C 281/38 |
| --- | --- | --- | --- |

18.11.2006

EN

Official Journal of the European Union

C 281/38

---

Appeal brought on 8 September 2006 by Chassagne against the order of the Civil Service Tribunal delivered on 29 June 2006 in Case F-11/05, Chassagne v Commission

(Case T-253/06 P)

(2006/C 281/68)

Language of the case: French

Parties

Appellant: Olivier Chassagne (Brussels, Belgium) (represented by S. Rodrigues and C. Bernard-Glanz, lawyers)

Appellant:

Other party to the proceedings: Commission of the European Communities

Other party to the proceedings:

Form of order sought by the appellant

The Court is asked to:

| — | annul the order made by the Civil Service Tribunal on 29 June 2006 in Case F-11/05; |
| --- | --- |

—

annul the order made by the Civil Service Tribunal on 29 June 2006 in Case F-11/05;

| — | allow the claims for annulment and compensation submitted by the applicant at first instance |
| --- | --- |

—

allow the claims for annulment and compensation submitted by the applicant at first instance

| — | order the defendant to pay the costs in their entirety. |
| --- | --- |

—

order the defendant to pay the costs in their entirety.

Pleas in law and main arguments

By the first plea in his appeal, the applicant submits that the Tribunal committed a breach of procedure adversely affecting his right to a fair hearing in that he was not able to submit his observations regarding the documents on which the Tribunal based its arguments and that certain matters raised by the applicant and documents lodged during the procedure were not taken into consideration. By his second plea, the applicant claims that the Tribunal infringed Community law by distorting the pleas relied on in the action and by incorrectly interpreting the provisions of the Staff Regulations of officials of the European Communities. He also submits that the Tribunal made manifest errors of assessment of the facts.

---
Form of Certificate



 Exhibit 4.2 
 

 








			
	 For Value Received,
                 hereby sell, assign and transfer
 unto
                                        
                                        
        
                                       
                                        
       Shares
 represented by the within Certificate, and do hereby
 irrevocably constitute and appoint
                                       
                                        
   Attorney
 to transfer the said Stock on the books of the within named
 Corporation with full power of substitution in the premises.
         Dated
                             ,
20        .
                             In presence of

		
		 	 
		
	 	 	
		 	
	
	 NOTICE. THE SIGNATURE OF THIS ASSIGNMENT

 MUST CORRESPOND WITH THE NAME AS WRITTEN UPON THE
 FACE OF THE CERTIFICATE, IN EVERY PARTICULAR, WITHOUT
 ALTERATION OR ENLARGEMENT, OR ANY CHANGE WHATEVER.
# C_2006287EN.01002801.xml

| 24.11.2006 | EN | Official Journal of the European Union | C 287/28 |
| --- | --- | --- | --- |

24.11.2006

EN

Official Journal of the European Union

C 287/28

---

Non-opposition to a notified concentration

(Case COMP/M.4350 — Hewlett Packard/Mercury Interactive)

(2006/C 287/10)

(Text with EEA relevance)

On 20 October 2006, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes. |
| --- | --- |

—

from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes.

| — | in electronic form on the EUR-Lex website under document number 32006M4350. EUR-Lex is the on-line access to European law. (http://ec.europa.eu/eur-lex/lex) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32006M4350. EUR-Lex is the on-line access to European law. (http://ec.europa.eu/eur-lex/lex)

---
### §§1020i to 1020n. Repealed. Aug. 14, 1946, ch. 964, §2(a)(2), 60 Stat. 1062

Sections 1020i to 1020n, act Jan. 29, 1937, ch. 7, §§1–6, 50 Stat. 5, provided for loans to farmers by the Governor of the Farm Credit Administration for production and harvesting of crops, feed for livestock and other related purposes.
#### § 556.1 Scope of this part.

Unless a tribal-state compact assigns sole jurisdiction to an entity other than a tribe with respect to background investigations, the requirements of this part apply to all class II and class III gaming. The procedures and standards of this part apply only to primary management officials and key employees. This part does not apply to any license that is intended to expire within 90 days of issuance.
H. Res. 491

In the House of Representatives, U.S.,

May 15, 2000.

Whereas former Representative G.V. ‘‘Sonny’’ Montgomery of

Mississippi, from the time of his election to the House of

Representatives in 1967 and his beyond his retirement in

1996 through the present day, has faithfully and continuously facilitated the ‘‘House of Representatives Prayer

Breakfast’’ at 8 a.m. every Thursday morning in Room

H–130 in the House of Representatives wing of the Capitol with a dedication that is indelibly etched in the

memories of the many Members who have attended that

weekly event: Now, therefore, be it

Resolved, That the room numbered H–130 in the House

of Representatives wing of the Capitol is named in honor of

former Representative G.V. ‘‘Sonny’’ Montgomery.

Attest:

Clerk.
### §643. Chaplains: discharge or retirement upon loss of professional qualifications

Under regulations prescribed by the Secretary of Defense, a commissioned officer on the active-duty list of the Army, Navy, or Air Force who is appointed or designated as a chaplain may, if he fails to maintain the qualifications needed to perform his professional function, be discharged or, if eligible for retirement, may be retired.

(Added Pub. L. 96–513, title I, §105, Dec. 12, 1980, 94 Stat. 2867.)

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date

Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of this title.
# C_2006249EN.01000904.xml

| 14.10.2006 | EN | Official Journal of the European Union | C 249/9 |
| --- | --- | --- | --- |

14.10.2006

EN

Official Journal of the European Union

C 249/9

---

Order of the President of the Court of 13 June 2006 (reference for a preliminary ruling from the Tribunale di Napoli — Italy) — Giuseppina Montoro and Michelangelo Liguori v Beth Israel Deaconess Medical Center

(Case C-170/06) (1)

1

(2006/C 249/25)

Language of the case: Italian

Language of the case: Italian

The President of the Court has ordered that the case be removed from the register.

---

(1)  OJ C 143, 17.06.2006.

1

---
### SUBCHAPTER II—EXPORT FINANCING
|                           |
|---------------------------|
|                           |  |
| /s/ WithumSmith+Brown, PC |   |
| WithumSmith+Brown, PC     |   |
#### § 81.21 What are the responsibilities of the Secretarial Election Board in conducting a Secretarial election?

The Secretarial Election Board conducts the Secretarial election. Except as provided in § 81.43, decisions of the Secretarial Election Board are not subject to administrative appeal.
### §949u. Execution of confinement

(a) In General.—Under such regulations as the Secretary of Defense may prescribe, a sentence of confinement adjudged by a military commission under this chapter may be carried into execution by confinement—

(1) in any place of confinement under the control of any of the armed forces; or

(2) in any penal or correctional institution under the control of the United States or its allies, or which the United States may be allowed to use.

(b) Treatment During Confinement by Other Than the Armed Forces.—Persons confined under subsection (a)(2) in a penal or correctional institution not under the control of an armed force are subject to the same discipline and treatment as persons confined or committed by the courts of the United States or of the State, District of Columbia, or place in which the institution is situated.

(Added Pub. L. 111–84, div. A, title XVIII, §1802, Oct. 28, 2009, 123 Stat. 2598.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 949u, added Pub. L. 109–366, §3(a)(1), Oct. 17, 2006, 120 Stat. 2617, related to execution of a sentence of confinement, prior to the general amendment of this chapter by Pub. L. 111–84.
## Breadcrumb

-  Home 
-  Guidance Document Database 

This page has not been translated. Please go to PBGC.gov's Spanish home page for more information available in Spanish.

Esta página no ha sido traducida. Por favor vaya a la página principal del sitio de español de PBGC para ver información disponible en español.

# Guidance Document Database

The documents listed below are PBGC’s guidance documents. The contents of these documents do not have the force and effect of law, unless expressly authorized by statute or incorporated into a contract, and are not meant to bind the public in any way. These documents are intended only to provide clarity to the public regarding existing requirements under the law or agency policies.

 If you would like to comment on an existing guidance document, please submit your comment, including your contact information, to the General Counsel at  GuidanceComments@pbgc.gov or at Regulatory Affairs Division, Pension Benefit Guaranty Corporation, Office of the General Counsel, 445 12th Street, SW, Washington, DC 20024-2101.

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### Restriction on Loans of Federal Land Banks Based on First Mortgages