alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

for the Fifth Circuit ____________

No. 23-10677

Summary Calendar

____________

United States of America, 

Plaintiff—Appellee,

versus

Johnny Wayne Marshall, Jr., 

Defendant—Appellant.

______________________________

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 5:19-CR-37-1

______________________________

Before Smith, Higginson, and Engelhardt, Circuit Judges.

Per Curiam:*

Following his 2020 guilty plea conviction for possession of firearms by 

a convicted felon, Johnny Wayne Marshall, Jr., was sentenced to 27 months 

of imprisonment and a two-year term of supervised release. After his 

supervised release term was revoked in 2021, Marshall received a 10-month 

prison term and 12 months of supervised release. After this second

_____________________

* This opinion is not designated for publication. See 5th Cir. R. 47.5.

United States Court of Appeals

Fifth Circuit

FILED

December 12, 2023

Lyle W. Cayce

Clerk

Case: 23-10677 Document: 00516998881 Page: 1 Date Filed: 12/12/2023
No. 23-10677

2

supervised release term was revoked in 2023, Marshall received a 12-month 

prison term but no further supervised release.

In the instant appeal, Marshall challenges the 2023 revocation. 

Relying on United States v. Haymond, 139 S. Ct. 2369 (2019), Marshall argues 

that 18 U.S.C. § 3583(g) is unconstitutional because it requires revocation of 

supervised release and imposition of a prison term based on facts that need 

not be proved to a jury beyond a reasonable doubt. Marshall concedes that 

his argument is foreclosed by United States v. Garner, 969 F.3d 550, 551-53 

(5th Cir. 2020), which held that § 3583(g) is not unconstitutional under 

Haymond. He raises the issue to preserve it for further review. Citing Garner, 

the Government has filed an unopposed motion for summary affirmance or, 

in the alternative, for an extension of time to file its brief. 

The parties are correct that Garner forecloses this issue; therefore, 

summary affirmance is appropriate. See Groendyke Transp., Inc. v. Davis, 406 

F.2d 1158, 1162 (5th Cir. 1969). Accordingly, the Government’s motion for 

summary affirmance is GRANTED, its alternative motion for an extension 

of time is DENIED, and the judgment of the district court is AFFIRMED.

Case: 23-10677 Document: 00516998881 Page: 2 Date Filed: 12/12/2023
### §1557l. Repealed. Oct. 10, 1951, ch. 479, title V, §528(c), 65 Stat. 386

Section, act June 5, 1950, ch. 220, title IV, §414, 64 Stat. 208, related to personnel investigations by the Federal Bureau of Investigation.
#### Helen Arnold, Respondent, v. Max Arnold, Appellant.

In an action for divorce, resettled order dated September 11, 1947, granting respondent’s motion for temporary alimony and counsel fees, and denying appellant’s cross motion to dismiss the complaint for insufficiency or, in the alternative, to require respondent to serve an amended complaint separately stating and numbering causes of action, insofar as appealed from, affirmed, with $10 costs and disbursements. No opinion. Appeal from original order dated August 9, 1947, dismissed, without costs. Lewis, P. J., Johnston, Adel, Sneed and Wenzel, JJ., concur.
EXHIBIT 99.1 - ANNUAL FUNDS APPLICATION STATEMENT




                              [LOGO] JPMORGAN


June 30, 2005

    Hartford Life Global Funding Trusts - Annual Funds Application Statement

I, Albert P. Mari, Jr., being a duly appointed officer of JPMorgan Chase Bank,
N.A. ("Indenture Trustee"), do hereby certify on behalf of the Indenture
Trustee, that, with respect to Hartford Life Global Funding Trust 2005-055:





         1. I have reviewed and examined the application by the Indenture
Trustee, during the fiscal year ending June 15, 2005; of trust money collected
by the Indenture Trustee pursuant to Section 5.02 of the Indenture, pursuant to
which the trust's notes (the "Notes") were issued; and

         2. Based upon my review and examination, to the best of my knowledge,
during such fiscal year, the trust money collected by the Indenture Trustee was
properly applied, pursuant to Section 5.02 of the Indenture.

         Nothing herein shall constitute a representation as to the proper
application by the registered holder of the Notes or the trust of the trust
monies received by it.



JPMORGAN CHASE BANK, N.A., as Indenture Trustee
Worldwide Securities Services
4 New York Plaza, 15th Floor
New York, NY 10004


/s/ Albert P. Mari, Jr.


Name:  Albert P. Mari, Jr.
Title: Vice President


<TABLE>
<S><C>
JPMORGAN CHASE BANK o Institutional Trust Services o 4 New York Plaza, Floor 15, New York, NY 10004
</TABLE>
### §1067j. Administrative provisions

#### (a) Technical staff

The Secretary shall appoint, without regard to the provisions of title 5 governing appointments in the competitive service, not less than 2 technical employees with appropriate scientific and educational background to administer the programs under this part who may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates.

#### (b) Procedures for grant review

The Secretary shall establish procedures for reviewing and evaluating grants and contracts made or entered into under such programs. Procedures for reviewing grant applications, based on the peer review system, or contracts for financial assistance under this subchapter may not be subject to any review outside of officials responsible for the administration of the Minority Science and Engineering Improvement Programs.

(Pub. L. 89–329, title III, §364, formerly title X, §1044, as added Pub. L. 99–498, title X, §1002, Oct. 17, 1986, 100 Stat. 1564; renumbered title III, §364, Pub. L. 105–244, title III, §301(a)(5), (7), Oct. 7, 1998, 112 Stat. 1636.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 1135d–3 of this title prior to renumbering by Pub. L. 105–244.
§ 408.404 What happens if you fail to give us the evidence we ask for? ( a ) *You have not yet qualified for SVB.* Generally, we will ask you to give us specific evidence or information by a certain date to prove that you qualify for SVB or to prove your foreign residence. If we do not receive the evidence or information by that date, we may decide that you do not qualify for SVB or may not receive SVB and deny your claim.
( b ) *You have qualified for or become entitled to SVB.* If you have already qualified for or become entitled to SVB, we may ask you to give us information by a specific date to decide whether you should receive benefits or, if you are already receiving benefits, whether your benefits should be stopped or reduced. If you do not give us the requested evidence or information by the date given, we may decide that you are no longer entitled to benefits or that your benefits should be stopped or reduced.
( c ) *If you need more time.* You should let us know if you are unable to give us the evidence or information within the specified time and explain why there will be a delay. If this delay is due to illness, failure to receive timely evidence you have asked for from another source, or a similar circumstance, we will give you additional time to give us the evidence.
#### § 411.240 What limitations are placed on a PM?

A PM is prohibited from directly participating in the delivery of employment services, vocational rehabilitation services, or other support services to beneficiaries with tickets in the PM's designated service delivery area. A PM is also prohibited from holding a financial interest in an employment network (EN) or service provider that provides services under the Ticket to Work program in the PM's designated service delivery area.
EXHIBIT 32.1 

Certification of CEO and CFO 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 on Form 10-K of BlackRock Capital Investment Corporation and subsidiaries (the “Company”) for the annual period ended December 31, 2021 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), James E. Keenan, as Interim Chief Executive Officer of the Company, and Abby Miller, as Chief Financial Officer and Treasurer of the Company, each hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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 consolidated financial condition and consolidated results of operations of the Company. 

 

| /s/ James E. Keenan |
|---------------------|
| Name:               |   | James E. Keenan |
| Title:              |   | Interim Chief Executive Officer |
| Date:               |   | March 2, 2022 |
|                |   |   |
| /s/ Abby Miller     |
| Name:               |   | Abby Miller |
| Title:              |   | Chief Financial Officer and Treasurer |
| Date:               |   | March 2, 2022 |
### §10002. Statement of policy

It is the policy of the United States—

(1) to support a civilian-led political transition in Sudan that results in a democratic government, which is accountable to its people, respects and promotes human rights, is at peace internally and with its neighbors, and can be a partner for regional stability;

(2) to support the implementation of Sudan's constitutional charter for the transitional period; and

(3) to pursue a strategy of calibrated engagement with Sudan that includes—

(A) facilitating an environment for free, fair, and credible democratic elections and a pluralistic and representative political system;

(B) supporting reforms that improve transparency and accountability, remove restrictions on civil and political liberties, and strengthen the protection of human rights, including religious freedom;

(C) strengthening civilian institutions, judicial independence, and the rule of law;

(D) empowering civil society and independent media;

(E) promoting national reconciliation and enabling a just, comprehensive, and sustainable peace;

(F) promoting the role of women in government, the economy, and society, in recognition of the seminal role that women played in the social movement that ousted former president Omar al-Bashir;

(G) promoting accountability for genocide, war crimes, crimes against humanity, and sexual and gender-based violence;

(H) encouraging the development of civilian oversight over and professionalization of the Sudanese security and intelligence services and strengthening accountability for human rights violations and abuses, corruption, or other abuses of power;

(I) promoting economic reform, private sector engagement, and inclusive economic development while combating corruption and illicit economic activity, including that which involves the Sudanese security and intelligence services;

(J) securing unfettered humanitarian access across all regions of Sudan;

(K) supporting improved development outcomes, domestic resource mobilization, and catalyzing market-based solutions to improve access to health, education, water and sanitation, and livelihoods; and

(L) promoting responsible international and regional engagement.

(Pub. L. 116–283, div. A, title XII, §1263, Jan. 1, 2021, 134 Stat. 3968.)
P ursuant to Local Rule 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 Local Rule 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

____________________ No. 95-11135 Summary Calendar

____________________
JOSEPH NECH, Plaintiff-Appellant,

versus SHIRLEY S. CHATER, Commissioner of Social Security, Defendant-Appellee.

_______________________________________________________________ Appeal from the United States District Court for the

Northern District of Texas USDC No. 4:94-CV-348-A

_______________________________________________________________ June 5, 1996 Before JOLLY, JONES, and STEWART, Circuit Judges.
PER CURIAM: * Josep h Nech appeals the district court’s affirmance of the Commissioner’s decision denying him social security disability benefits. He argues that the findings of the administrative law judge (ALJ) are not supported by substantial evidence. We have carefully reviewed the record and the arguments. We detect no

error. Accordingly, we affirm for essentially the same reasons-2-

giv en by the district court. S ee Nech v. Shalala , No. 4:94-CV348-A (N.D. Tex. Oct. 20, 1995). Nech’s request for attorney fees pursuant to 28 U.S.C. § 2412 is DENIED.
A F F I R M E D.
Exhibit 10.1
EXECUTION VERSION
 AMENDMENT NO. 2
TO MORTGAGE LOAN PARTICIPATION PURCHASE AND SALE AGREEMENT
 Amendment Purchaser Seller
 RECITALS
 Existing MLPSA MLPSA
   Definitions Section 1 Termination Date
 Termination Date
 Effective Date; Conditions Precedent Amendment Effective Date
 Delivered Documents
   Fees




---



##### 



Limited Effect
 Counterparts
 SECTION 5. GOVERNING LAW . THE AMENDMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES
HEREUNDER SHALL BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE LAWS OF THE STATE OF NEW YORK,
WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAWS (OTHER THAN SECTIONS 5-1401 AND 5-1402 OF THE NEW
YORK GENERAL OBLIGATIONS LAW).
  2




---



##### 



BANK OF AMERICA, N.A.,
PurchaserBy:
    /s/ Adam GadsbyName:
    Adam GadsbyTitle:
    DirectorPHH MORTGAGE CORPORATION,
     SellerBy:
    /s/ Mark E. JohnsonName:
    Mark E. JohnsonTitle:
    SVP and Treasurer
### §§1831 to 1834. Repealed. Pub. L. 85–141, §3, Aug. 14, 1957, 71 Stat. 356

Section 1831, acts Aug. 26, 1954, ch. 937, title 1, §121, 68 Stat. 837; July 8, 1955, ch. 301, §3(a), 69 Stat. 284, authorized appropriations for assistance for Southeast Asia and Western Pacific for the fiscal year 1955.

Sections 1832, 1833, act Aug. 26, 1954, ch. 937, title I, §§122, 123, 68 Stat. 837, 838, authorized appropriations for fiscal year 1955 for manufacture in United Kingdom of military aircraft, and for provision of any common-use equipment, materials, commodities, or services which are to be used by military forces of nations receiving assistance.

Section 1834, act Aug. 20, 1954, ch. 937, title I, §124, as added July 8, 1955, ch. 301, §3(b), 69 Stat. 284, authorized appropriations for fiscal year 1956 to provide assistance in form of direct forces support to be delivered or rendered directly to military forces of nations eligible for military assistance.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from SEC
Form 10-Q and is qualified in its entirety by reference to such financial
statements.
</LEGEND>
<RESTATED> 
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          MAR-31-1996
<PERIOD-START>                             APR-01-1995
<PERIOD-END>                               SEP-30-1995
<CASH>                                             420
<SECURITIES>                                      6375
<RECEIVABLES>                                      199
<ALLOWANCES>                                        28
<INVENTORY>                                       1485
<CURRENT-ASSETS>                                  8582
<PP&E>                                            7732
<DEPRECIATION>                                    7159
<TOTAL-ASSETS>                                    9395
<CURRENT-LIABILITIES>                             1501
<BONDS>                                              0
<COMMON>                                           199
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          3
<OTHER-SE>                                        7692
<TOTAL-LIABILITY-AND-EQUITY>                      9395
<SALES>                                           3081
<TOTAL-REVENUES>                                  3081
<CGS>                                             1675
<TOTAL-COSTS>                                     1675
<OTHER-EXPENSES>                                  2990
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 (1298)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             (1298)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (1298)
<EPS-PRIMARY>                                      .15
<EPS-DILUTED>                                      .12
        

</TABLE>
### §2679e. List of certain telecommunications providers

#### (a) List of covered contractors

Not later than 30 days after December 27, 2021, the Secretary, in consultation with the Director of National Intelligence and other appropriate Federal agencies as determined jointly by the Secretary and the Director of National Intelligence, shall develop or maintain, as the case may be, and update as frequently as the Secretary determines appropriate, a list of covered contractors with respect to which the Department should seek to avoid entering into contracts. Not later than 30 days after the initial development of the list under this subsection, any update thereto, and annually thereafter for 5 years after such initial 30 day period, the Secretary shall submit to the appropriate congressional committees a copy of such list.

#### (b) Covered contractor defined

In this section, the term "covered contractor" means a provider of telecommunications, telecommunications equipment, or information technology equipment, including hardware, software, or services, that has knowingly assisted or facilitated a cyber attack or conducted surveillance, including passive or active monitoring, carried out against—

(1) the United States by, or on behalf of, any government, or persons associated with such government, listed as a cyber threat actor in the intelligence community's 2017 assessment of worldwide threats to United States national security or any subsequent worldwide threat assessment of the intelligence community; or

(2) individuals, including activists, journalists, opposition politicians, or other individuals for the purposes of suppressing dissent or intimidating critics, on behalf of a country included in the annual country reports on human rights practices of the Department for systematic acts of political repression, including arbitrary arrest or detention, torture, extrajudicial or politically motivated killing, or other gross violations of human rights.

(Pub. L. 117–81, div. E, title LV, §5502, Dec. 27, 2021, 135 Stat. 2375.)

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

#### Definitions

For definitions of "Secretary", "Department", and "appropriate congressional committees" as used in this section, see section 5002 of Pub. L. 117–81, set out as a note under section 263c of this title.

Pub. L. 117–81, div. E, title LV, §5501, Dec. 27, 2021, 135 Stat. 2375, provided that: "In this title [enacting this section and amending sections 4352 and 4354 of this title]:

"(1) Intelligence community.—The term 'intelligence community' has the meaning given such term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).

"(2) Relevant congressional committees.—The term 'relevant congressional committees' means—

"(A) the appropriate congressional committees;

"(B) the Select Committee on Intelligence of the Senate; and

"(C) the Permanent Select Committee on Intelligence of the House of Representatives."
#### § 411.430 What should the PM do when it is informed that an EN has attempted to make a referral to a State VR agency without an agreement being in place?

The PM will contact the EN to explain that a referral cannot be made to the State VR agency unless an agreement has been established that sets out the conditions under which services will be provided when a beneficiary's ticket is assigned to the EN and the EN is referring the beneficiary to the State VR agency for specific services.
# C_2016436EN.01020901.xml

| 24.11.2016 | EN | Official Journal of the European Union | C 436/209 |
| --- | --- | --- | --- |

24.11.2016

EN

Official Journal of the European Union

C 436/209

---

P7_TA(2013)0479

EU-Russia agreement on drug precursors ***

European Parliament legislative resolution of 20 November 2013 on the draft Council decision on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the Russian Federation on drug precursors (12221/2013 — C7-0308/2013 — 2013/0005(NLE))

(Consent)

(2016/C 436/34)

The European Parliament,

The European Parliament,

| — | having regard to the draft Council decision (12221/2013), |
| --- | --- |

—

having regard to the draft Council decision (12221/2013),

| — | having regard to the draft agreement between the European Union and the Russian Federation on drug precursors (08178/2013), |
| --- | --- |

—

having regard to the draft agreement between the European Union and the Russian Federation on drug precursors (08178/2013),

| — | having regard to the request for consent submitted by the Council in accordance with Article 207(4) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C7-0308/2013), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Article 207(4) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C7-0308/2013),

| — | having regard to Rules 81 and 90(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 81 and 90(7) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on International Trade and the opinion of the Committee on Legal Affairs (A7-0342/2013), |
| --- | --- |

—

having regard to the recommendation of the Committee on International Trade and the opinion of the Committee on Legal Affairs (A7-0342/2013),

| 1. | Consents to conclusion of the agreement; |
| --- | --- |

1.

Consents to conclusion of the agreement;

| 2. | Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Russian Federation. |
| --- | --- |

2.

Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Russian Federation.

---