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

FOR THE FIFTH CIRCUIT

No. 18-20087

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

MARCO ANTONIO DIAZ BERNAL, also known as Juan Antonio BernalDiaz,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 4:17-CR-491-1

Before HIGGINSON, COSTA, and HO, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Marco Antonio Diaz 

Bernal 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). Diaz Bernal has not filed a response. We have 

reviewed counsel’s brief and the relevant portions of the record reflected 

 

* 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

September 10, 2018

Lyle W. Cayce

Clerk

 Case: 18-20087 Document: 00514635128 Page: 1 Date Filed: 09/10/2018
No. 18-20087

2

therein. We concur with counsel’s assessment that the appeal presents no 

nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave 

to withdraw is GRANTED, counsel is excused from further responsibilities 

herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

 Case: 18-20087 Document: 00514635128 Page: 2 Date Filed: 09/10/2018
* Pursuant to 5 T H 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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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 FOR THE FIFTH CIRCUIT

____________________ No. 97-30111

____________________
STEELE CONTRACTORS, INCORPORATED; ET AL PLAINTIFFS STEELE CONTRACTORS, INC. PLAINTIFF-APPELLANT

versus UNITED STATES ARMY CORPS OF ENGINEERS; UNITED STATES OF AMERICA DEFENDANTS-APPELLEES

___________________________________________________ Appeal from the United States District Court for the Eastern District of Louisiana, New Orleans (95-CV-2520-E)

___________________________________________________ September 8, 1997 Before REAVLEY, BARKSDALE, and STEWART, Circuit Judges:
PER CURIAM: *
AFFIRMED for the reasons stated in the comprehensive and wellreasoned opinion by the Administrative Law Judge for the Corps of Engineers Board of Contract Appea ls and adopted by the United States District Court.
#### § 663.300 What are training services for adults and dislocated workers?

Training services are listed in WIA section 134(d)(4)(D). The list in the Act is not all-inclusive and additional training services may be provided.
### §5872. Office of Space Commerce

#### (a) Trade missions

The Office of Space Commerce of the Department of Commerce is authorized and encouraged to conduct one or more trade missions to appropriate independent states of the former Soviet Union for the purpose of familiarizing United States aerospace industry representatives with space hardware, space technologies, and space services that may be available from the independent states, and with the business practices and overall business climate in the independent states.

#### (b) Monitoring negotiations

The Office of Space Commerce—

(1) shall monitor the progress of any discussions described in section 5871(c)(1) of this title that are being conducted; and

(2) shall advise the Administrator of the National Aeronautics and Space Administration as to the impact on United States industry of each potential acquisition of space hardware, space technology, or space services from the independent states of the former Soviet Union, specifically including any anticompetitive issues the Office may observe.

(Pub. L. 102–511, title VI, §602, Oct. 24, 1992, 106 Stat. 3347.)
EXHIBIT 32


CERTIFICATIONS
PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002
 
 Pursuant
to 18 U.S.C Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned officer of Southern Trust Securities
Holding Corp., Inc. (the “Corporation”) certifies, to the best of his knowledge,
that the Corporation’s Annual Report on Form 10-K for the fiscal year ended
December 31, 2009 fully complies with the requirements of section 13(a) or 15(d)
of the Securities Exchange Act of 1934; and the information contained in that
Form 10-K fairly presents, in all material respects, the financial condition and
results of operations of the Corporation.


April
      15, 2010
                By:
                /s/
      Robert EscobioRobert
      EscobioChief
      Executive Officer and

                  Chief
      Financial Officer
 This
certification is made solely for the purpose of 18 U.S.C. Section 1350 and is
not being filed as part of the Form 10-K or as a separate disclosure document,
and may not be disclosed, distributed or used by any person for any reason other
than as specifically required by law.
### §6741. Reports required by United States National Authority

#### (a) Regulations on recordkeeping

#### (1) Requirements

The United States National Authority shall ensure that regulations are prescribed that require each person located in the United States who produces, processes, consumes, exports, or imports, or proposes to produce, process, consume, export, or import, a chemical substance that is subject to the Convention to—

(A) maintain and permit access to records related to that production, processing, consumption, export, or import of such substance; and

(B) submit to the Director of the United States National Authority such reports as the United States National Authority may reasonably require to provide to the Organization, pursuant to subparagraph 1(a) of the Annex on Confidentiality of the Convention, the minimum amount of information and data necessary for the timely and efficient conduct by the Organization of its responsibilities under the Convention.

#### (2) Rulemaking

The Director of the United States National Authority shall ensure that regulations pursuant to this section are prescribed expeditiously.

#### (b) Coordination

#### (1) Avoidance of duplication

To the extent feasible, the United States Government shall not require the submission of any report that is unnecessary or duplicative of any report required by or under any other law. The head of each Federal agency shall coordinate the actions of that agency with the heads of the other Federal agencies in order to avoid the imposition of duplicative reporting requirements under this chapter or any other law.

#### (2) Definition

As used in paragraph (1), the term "Federal agency" has the meaning given the term "agency" in section 551(1) of title 5.

(Pub. L. 105–277, div. I, title IV, §401, Oct. 21, 1998, 112 Stat. 2681–880.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in subsec. (b)(1), was in the original "this Act" and was translated as reading "this division", meaning div. I of Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681–856, known as the Chemical Weapons Convention Implementation Act of 1998, to reflect the probable intent of Congress. For complete classification of division I to the Code, see Short Title note set out under section 6701 of this title and Tables.

#### **Executive Documents**

#### Regulations

Regulations under subsec. (a) to be issued by Department of Commerce by a date specified by Department of State as United States National Authority (USNA) and to be reviewed and approved by USNA in coordination with an interagency group, see section 3 of Ex. Ord. No. 13128, June 25, 1999, 64 F.R. 34703, set out as a note under section 6711 of this title.
### §269g–1. Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary for the payment by the United States of its proportionate share of the expenses of the Hague Conference on Private International Law and of the International (Rome) Institute for the Unification of Private Law.

(Pub. L. 88–244, §2, Dec. 30, 1963, 77 Stat. 775; Pub. L. 92–497, Oct. 17, 1972, 86 Stat. 814; Pub. L. 97–241, title I, §114, Aug. 24, 1982, 96 Stat. 278.)

#### **Editorial Notes**

#### Amendments

1982—Pub. L. 97–241 struck out provision that no payment of the United States for any year exceed 7 per centum of all expenses apportioned among members for that year.

1972—Pub. L. 92–497 substituted provisions authorizing to be appropriated such sums as may be necessary for the payment of the United States of its proportionate share, except that no payment of the United States for any year shall exceed 7 per centum of all expenses apportioned among members for that year, for provisions authorizing to be appropriated such sums as may be necessary, not to exceed $25,000 annually, for the payment by the United States of its proportionate share.

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

#### Annual Appropriations

Annual appropriations to meet the obligations of membership in various international organizations were contained in acts listed in a note set out under section 269a of this title.
### §4411. Findings; statement of purposes

(a) The Congress finds that there has been established in the District of Columbia a private, nonprofit corporation known as the National Endowment for Democracy (hereafter in this subchapter referred to as the "Endowment") which is not an agency or establishment of the United States Government.

(b) The purposes of the Endowment, as set forth in its articles of incorporation, are—

(1) to encourage free and democratic institutions throughout the world through private sector initiatives, including activities which promote the individual rights and freedoms (including internationally recognized human rights) which are essential to the functioning of democratic institutions;

(2) to facilitate exchanges between United States private sector groups (especially the two major American political parties, labor, and business) and democratic groups abroad;

(3) to promote United States nongovernmental participation (especially through the two major American political parties, labor, business, and other private sector groups) in democratic training programs and democratic institution-building abroad;

(4) to strengthen democratic electoral processes abroad through timely measures in cooperation with indigenous democratic forces;

(5) to support the participation of the two major American political parties, labor, business, and other United States private sector groups in fostering cooperation with those abroad dedicated to the cultural values, institutions, and organizations of democratic pluralism; and

(6) to encourage the establishment and growth of democratic development in a manner consistent both with the broad concerns of United States national interests and with the specific requirements of the democratic groups in other countries which are aided by programs funded by the Endowment.

(Pub. L. 98–164, title V, §502, Nov. 22, 1983, 97 Stat. 1039.)

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

#### Short Title

Pub. L. 98–164, title V, §501, Nov. 22, 1983, 97 Stat. 1039, provided that: "This title [enacting this subchapter] may be cited as the 'National Endowment for Democracy Act'."
§ 670.965 What procedures apply to disclosure of information about Job Corps students and program activities? ( a ) The Secretary develops procedures to respond to requests for information or records or other necessary disclosures pertaining to students.
( b ) DOL disclosure of Job Corps information must be handled according to the Freedom of Information Act and according to DOL regulations at 29 CFR part 70.
( c ) Job Corps contractors are not “agencies” for Freedom of Information Act purposes. Therefore, their records are not subject to disclosure under the Freedom of Information Act or 29 CFR part 70.
( d ) The regulations at 29 CFR part 71 apply to a system of records covered by the Privacy Act of 1974 maintained by DOL or to a similar system maintained by a contractor, such as a screening agency, contract center operator, or placement agency on behalf of the Job Corps.
Electrical Conductivity, UMHOS

Day High Low Mean

1 207 157 172

2 189 158 173

3 179 157 168

4 177 156 166

5 186 160 168

6 201 160 174

7 193 166 178

8 191 166 176

9 187 157 171

10 185 157 169

11 178 164 169

12 174 165 170

13 180 167 173

14 186 169 177

15 191 170 179

16 190 167 179

17 186 161 176

18 0 0 0

19 184 164 175

20 194 167 177

21 204 167 182

22 212 168 187

23 199 158 182

24 193 159 176

25 194 155 174

26 186 153 170

27 186 147 171

28 192 147 174

29 199 150 176

30 196 150 175

COMMENT(S):

0 reading indicates that the station was out of service.

Historical Archive and Report Database

San Andreas On The San Joaquin River 

Period: September 2023 Run Date: 10/6/2023
§ 501.7 Petition for reconsideration. ( a ) *Time for filing.* The Appellant or the Director may file a petition for reconsideration of a decision or order issued by the Board within 30 days of the date of issuance, unless another time period is specified in the Board's order.
( b ) *Where to File.* The petition must be filed with the Clerk. Copies will be sent by the Clerk to the Director, the Appellant and his or her Representative in the time period specified by the Board.
( c ) *Content of petition.* The petition must be in writing. The petition must contain the docket number, specify the matters claimed to have been erroneously decided, provide a statement of the facts upon which the petitioner relies, and a discussion of applicable law. New evidence will not be considered by the Board in a petition for reconsideration.
( d ) *Panel.* The panel of judges who heard and decided the appeal will rule on the petition for reconsideration. If any member of the original panel is unavailable, the Chief Judge may designate a new panel member. The decision or order of the Board will stand as final unless vacated or modified by the vote of at least two members of the reconsideration panel.
( e ) *Answer.* Upon the filing of a petition for reconsideration, Appellant or the Director may file an answer to the petition within such time as fixed by the Board.
( f ) *Oral argument and decision on reconsideration.* An oral argument may be allowed at the discretion of the Board upon application of the Appellant or Director or the Board may proceed to address the matter upon the papers filed. The Board shall grant or deny the petition for reconsideration and issue such orders as it deems appropriate.
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4372 Referred in Senate (RFS)]

<DOC>
114th CONGRESS
  2d Session
                                H. R. 4372

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 22, 2016

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
 at 15 Rochester Street, Bergen, New York, as the Barry G. Miller Post 
                                Office.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. BARRY G. MILLER POST OFFICE.

    (a) Designation.--The facility of the United States Postal Service 
located at 15 Rochester Street, Bergen, New York, shall be known and 
designated as the ``Barry G. Miller Post Office''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Barry G. 
Miller Post Office''.

            Passed the House of Representatives June 21, 2016.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

DAY HIGH

 251

 252

 250

 247

 246

 242

 239

 236

 233

 230

 227

 222

 219

 220

 219

 219

 219

 218

 217

 218

 217

 212

 212

 210

 208

 200

 194

 186

 177

 176

 175

 157

 179

 188

 187

 191

 164

 162

 152

 148

 143

 148

 150

 165

 160

 164

 162

 166

 163

 151

 149

 140

 136

 130

 136

 134

 134

 135

 119

 126

 140

 143

 229

 235

 236

 233

 232

 222

 216

 210

 208

 204

 206

 203

 207

 205

 203

 202

 203

 199

 196

 198

 194

 189

 186

 186

 184

 180

 176

 164

 156

 162

 165

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

MAY 2016 WATER QUALITY REPORT RUN DATE: June 10, 2016

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

SAN ANDREAS ON THE SAN JOAQUIN RIVER
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

DAY ELEV

 130.83

 130.90

 130.89

 130.76

 130.75

 130.71

 130.94

 130.84

 130.63

 130.67

 130.88

 130.84

 130.90

 130.95

 130.70

 130.86

 130.85

 130.60

 130.79

 130.73

 130.73

 130.72

 130.70

 130.64

 130.89

 130.84

 130.64

 130.80

 130.74

 130.72

 130.75

 670

 678

 677

 663

 662

 657

 683

 671

 648

 652

 676

 671

 678

 684

 656

 674

 673

 644

 666

 659

 659

 658

 656

 649

 677

 671

 649

 667

 660

 658

 662

STORAGE

-1

+8

-1

-14

-1

-5

+26

-12

-23

+4

+24

-5

+7

+6

-28

+18

-1

-29

+22

-7

+0

-1

-2

-7

+28

-6

-22

+18

-7

-2

+4

CHANGE

528

518

545

553

528

531

484

412

407

483

504

513

524

503

482

473

449

440

487

499

491

479

452

457

485

471

461

471

431

395

403

INFLOW

 41

 37

 37

 37

 37

 37

 36

 34

 34

 34

 34

 34

 34

 34

 34

 34

 34

 34

 34

 34

 34

 34

 34

 34

 34

 34

 34

 34

 34

 34

 34

PUTAH

 487

 476

 507

 521

 491

 496

 434

 383

 384

 445

 457

 481

 485

 464

 460

 428

 415

 420

 440

 468

 456

 445

 418

 426

 436

 439

 437

 427

 400

 361

 366

PUTAH

 1

 1

 2

 2

 1

 1

 1

 1

 1

 2

 1

 1

 1

 2

 2

 2

 1

 1

 2

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

C.F.S.

 .34

 .33

 .44

 .44

 .39

 .30

 .33

 .33

 .36

 .44

 .41

 .41

 .39

 .45

 .46

 .53

 .32

 .40

 .52

 .30

 .17

 .20

 .32

 .39

 .36

 .36

 .30

 .29

 .32

 .30

 .26

INCHES

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

PRECIP

UNITED STATES DEPARTMENT OF THE INTERIOR

AUGUST 2020 RUN DATE: 09/01/2020

IN LAKE

EVAPORATION

INCHES

C.F.S.

COMPUTED*

ACRE-FEET

RELEASE - C.F.S.

TOTALS -9 14,859 13,753 1,078 38 11.16 .00

ACRE-FEET -9 29,473 27,279 2,138 75

COMMENTS:

* COMPUTED INFLOW IS THE SUM OF CHANGE IN STORAGE, RELEASES AND EVAPORATION.

SUMMARY

RELEASE (ACRE-FEET)

PUTAH CREEK 2,138

PUTAH SOUTH CANAL 27,279

PRECIPITATION

THIS MONTH =

TO DATE =

 .00

JULY 1, 2020 .00

 671

LAKE SOLANO DAILY OPERATIONS

SOUTH CREEK

OCT 1, 2019 TO DATE = 13.83
No. 11,720.

#### Ætna Insurance Company, Hartford *v.*Rico.

Decided January 24, 1927.

Action on fire insurance policy. Judgment for plaintiff.

*Affirmed.*

*On Application for Supersedeas.*

1. Appeal and *Error*— Findings—Presumption. In an action on a fire insurance policy, plaintiff having alleged waiver of proof of loss clause by defendant, there being no special findings, a judgment for plaintiff must be regarded as based on a general finding, which requires the appellate court to presume waiver.

2. *Findings.*Expressions in an opinion of the trial court at the close of the evidence and argument, are not findings, and are not controlling on the reviewing court.

3. *Judgment*— Findings. When special findings are made in an equity . ease, they should be incorporated in the decree; in an action at law they should be drawn and signed by the court without comment.

*537
      *Error to the District Court of the City and County of ■ Denver, Eon. Julian E. Moore, Judge.*

Mr. W. E. Clark, for plaintiff in error.

Mr. F. D. Taggart, Mr. M. Levy, for defendant in error.

*Department One.*

Mr. Justice Denison

delivered the opinion of the court.

Rico had judgment on trial to the court on insurance policies for losses of certain grain stacks by fire. The company brings error and moves for supersedeas.

The policies contained a clause which required proof of loss within sixty days. The proof was never given. The plaintiff pleaded express waiver and the evidence thereof was in dispute. There were no special findings. The judgment therefore must be regarded as based on a general finding for the plaintiff, *(Montrose Co. v. Greeley Bank,*78 Colo. 240, 242, 241 Pac. 527) and this requires us to presume waiver.

The defendant claims that there were special findings, but we cannot so regard them. There was an opinion by the court, at the end of the evidence and argument, but, as we have many times held, findings so expressed do not control this court. *Montrose Co. v. Greeley Bank, supra. McMillan v. Harbert,*74 Colo. 161, 162, 219 Pac. 1070; *Jones v. Boyer,*68 Colo. 568, 193 Pac. 492; *Soule v. Kunkle,*71 Colo. 221, 223, 205 Pac. 529.

When special findings are made in an equity cause, they should be incorporated in the decree. In an action at law, like the present, they should be drawn up and signed by the court, and should contain no comment any more than a special verdict. An example of formal findings appears in *Larimer, etc., Co. v. Wyatt,*23 Colo. 480, 483, 48 Pac. 528.

*538These considerations require us to affirm the judgment. Supersedeas denied and judgment affirmed.

Mr. Chiee Justice Burke, Mr. Justice Whiteord and Mr. Justice Sheaeor concur.