alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. Ramiro Robinson ESCOBEDO-ESCAMILLA, Defendant-Appellant.

No. 04-41317.

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Decided Feb. 27, 2006.

James Lee Turner, Assistant U.S. Attorney, Jeffery Alan Babcock, U.S. Attorney’s Office Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Laura Fletcher Leavitt, Assistant Federal Public Defender, Federal Public Defender’s Office Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before SMITH, GARZA, and PRADO, Circuit Judges.

*366PER CURIAM: *

Ramiro Robinson Escobedo-Escamilla (Escobedo) appeals his guilty-plea conviction and 46-month sentence for illegal reentry following deportation. Escobedo argues that the district court improperly enhanced his base offense level because his prior alien-transporting offense did not constitute an “alien smuggling” offense pursuant to U.S.S.G. § 2L1.2(b)(l)(A)(vii). As Escobedo concedes, this assertion is without merit. *See United States v. Solis-Campozano,*312 F.3d 164, 167-68 (5th Cir. 2002).

Escobedo also argues that 8 U.S.C. § 1326(b) is unconstitutional because it treats prior felony and aggravated felony convictions as sentencing factors. Escobedo’s constitutional challenge is foreclosed by *Almendarez-Torres v. United States,*523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). Although Escobedo contends that *Almendarez-Torres*was incorrectly decided and that a majority of the Supreme Court would overrule *Almendarez-Torres*in light of *Apprendi v. New Jersey,*530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), we have repeatedly rejected such arguments on the basis that *Almendarez-Torres*remains binding. *See United States v. Garza-Lopez,*410 F.3d 268, 276 (5th Cir.), *cert. denied,*— U.S. -, 126 S.Ct. 298, 163 L.Ed.2d 260 (2005). Escobedo properly concedes that his argument is foreclosed in light of *Almendarez-Torres*and circuit precedent, but he raises it here to preserve it for further review.

Escobedo also contends that the district court erred in sentencing him pursuant to the mandatory guideline regime held unconstitutional in *United States v. Booker,*543 U.S. 220, 125 S.Ct. 738, 764-65, 160 L.Ed.2d 621 (2005). The sentencing transcript is devoid of evidence that the district court would have imposed the same sentence under an advisory regime, and, therefore, the Government has not borne its burden of establishing beyond a reasonable doubt that the district court’s error was harmless. *See United States v. Walters,*418 F.3d 461, 464 (5th Cir.2005).

CONVICTION AFFIRMED; VACATED AND REMANDED FOR RESEN-TENCING.

*

 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.
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

 794.39

 794.35

 794.33

 794.26

 794.18

 794.13

 794.06

 794.02

 793.95

 793.90

 793.85

 793.78

 793.71

 793.65

 793.60

 793.55

 793.49

 793.43

 793.37

 793.30

 793.22

 793.17

 793.11

 793.05

 792.99

 792.92

 792.86

 792.80

 792.73

 792.67

 792.62

 9.42

 9.40

 9.39

 9.36

 9.32

 9.29

 9.26

 9.24

 9.21

 9.19

 9.16

 9.13

 9.10

 9.07

 9.05

 9.02

 8.99

 8.97

 8.94

 8.91

 8.87

 8.85

 8.82

 8.79

 8.76

 8.73

 8.71

 8.68

 8.65

 8.62

 8.60

STORAGE

-0.03

-0.02

-0.01

-0.03

-0.04

-0.02

-0.03

-0.02

-0.03

-0.02

-0.02

-0.03

-0.03

-0.03

-0.02

-0.02

-0.03

-0.03

-0.03

-0.03

-0.04

-0.02

-0.03

-0.03

-0.03

-0.03

-0.03

-0.03

-0.03

-0.03

-0.02

CHANGE

4

9

14

2

1

7

0

7

0

5

5

-1

0

3

5

5

2

3

3

0

-1

2

1

1

3

0

3

2

1

3

5

INFLOW

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

SPILL

 12

 12

 12

 12

 12

 12

 10

 10

 10

 10

 10

 10

 10

 10

 10

 11

 11

 11

 11

 11

 11

 11

 10

 10

 10

 10

 10

 10

 10

 10

 10

OUTLET

 7

 7

 7

 7

 8

 7

 7

 7

 7

 7

 7

 6

 6

 7

 7

 6

 5

 6

 6

 6

 6

 3

 5

 5

 7

 6

 7

 6

 7

 7

 7

C.F.S.

 .45

 .48

 .44

 .43

 .53

 .45

 .47

 .43

 .48

 .47

 .43

 .41

 .43

 .45

 .49

 .42

 .32

 .37

 .39

 .42

 .38

 .21

 .34

 .32

 .45

 .44

 .48

 .43

 .47

 .45

 .49

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

U.S. BUREAU OF RECLAMATION-ORLAND PROJECT-CALIFORNIA

JULY 2014 RUN DATE: 09/29/2014

IN LAKE

EVAPORATION

INCHES

C.F.S.

COMPUTED*

1000 ACRE-FEET

RELEASE - C.F.S.

TOTALS -.84 94 329 0 199 13.22 .00

ACRE-FEET -840 186 653 0 395

COMMENTS:

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

DATA BASED ON 24 HOUR PERIOD ENDING 0800 HOURS.

SUMMARY

RELEASE (ACRE-FEET)

SPILL 0

OUTLET

TOTAL

 653

 653

PRECIPITATION

THIS MONTH =

TO DATE =

 .00

JULY 1, 2014 .00

 9.45

STONY GORGE RESERVOIR DAILY OPERATIONS
### §423. Preservation of historic buildings and grounds at the Armed Forces Retirement Home—Washington

#### (a) Historic nature of facility

Congress finds the following:

(1) Four buildings located on six acres of the establishment of the Retirement Home known as the Armed Forces Retirement Home—Washington are included on the National Register of Historic Places maintained by the Secretary of the Interior.

(2) Amounts in the Armed Forces Retirement Home Trust Fund, which consists primarily of deductions from the pay of members of the Armed Forces, are insufficient to both maintain and operate the Retirement Home for the benefit of the residents of the Retirement Home and adequately maintain, repair, and preserve these historic buildings and grounds.

(3) Other sources of funding are available to contribute to the maintenance, repair, and preservation of these historic buildings and grounds.

#### (b) Authority to accept assistance

The Chief Operating Officer and the Administrator of the Armed Forces Retirement Home—Washington may apply for and accept a direct grant from the Secretary of the Interior under section 302904 of title 54 for the purpose of maintaining, repairing, and preserving the historic buildings and grounds of the Armed Forces Retirement Home—Washington included on the National Register of Historic Places.

#### (c) Requirements and limitations

Amounts received as a grant under subsection (b) shall be deposited in the Fund, but shall be kept separate from other amounts in the Fund. The amounts received may only be used for the purpose specified in subsection (b).

(Pub. L. 101–510, div. A, title XV, §1523, as added Pub. L. 106–65, div. A, title III, §383, Oct. 5, 1999, 113 Stat. 583; amended Pub. L. 107–107, div. A, title XIV, §§1404(b)(5), 1410(a)(4), Dec. 28, 2001, 115 Stat. 1261, 1266; Pub. L. 112–81, div. A, title V, §564(b)(1), Dec. 31, 2011, 125 Stat. 1424.)

#### **Editorial Notes**

#### Codification

In subsec. (b), "section 302904 of title 54" substituted for "section 101(e)(3) of the National Historic Preservation Act (16 U.S.C. 470a(e)(3))" on authority of Pub. L. 113–287, §6(e), Dec. 19, 2014, 128 Stat. 3272, which Act enacted Title 54, National Park Service and Related Programs.

#### Amendments

2011—Subsec. (b). Pub. L. 112–81 substituted "Administrator" for "Director".

2001—Pub. L. 107–107, §1410(a)(4)(B), amended section catchline generally, substituting "the Armed Forces Retirement Home—Washington" for "United States Soldiers' and Airmen's Home".

Subsec. (a)(1). Pub. L. 107–107, §1410(a)(4)(A), substituted "Armed Forces Retirement Home—Washington" for "United States Soldiers' and Airmen's Home".

Subsec. (b). Pub. L. 107–107, §§1404(b)(5), 1410(a)(4)(A), substituted "Chief Operating Officer" for "Chairman of the Retirement Home Board" and substituted "Armed Forces Retirement Home—Washington" for "United States Soldiers' and Airmen's Home" in two places.
U.S. Department 

of Transporta tion 

Federal Aviation 

Administration 

JAN 1 9 2016 

Mr. Adam Coolidge, P. Eng. 

Ce11itication Manager 

B/E Aerospace Limited 

25 Dunlop A venue 

Winnipeg. MB R2X 2V2 

Canada 

Dear Mr. Coolidge: 

Transport Airplane Directorate 

1601 Lind Avenue. S.W. 

Renton, Washington 98057-3356 

Exemption 1 o. 1 0422A 

Regulatory Docket No. FAA- 2011-1052 

This letter is to inform you that we have amended exemption no. 10422. It explains the basis 

for our decision and describes its effect. 

The Basis for Our Decision 

By letter file no. J905 to the FAA dated October 2, 2015. Mr. Adam Coolidge petitioned the 

Federal Aviation Administration (FAA). on behalf of B/E Aerospace, lor a petitioner-name 

change to exemption no. I 0422, in support or current and future FAA validations of 

Transport Canada Civil Aviation suppl emental type certificates (STC) he ld by B/E 

Aerospace Ltd. 

Exemption no. l 0422 provides relief from Title 14, Code of Federal Regulations 25.8 13(e). 

as part of the type-certification basis for the design change, to allow interior doors in the 

passenger cabin of Bombardier Aerospace Model CL-600-28 19 airplanes. This amended 

exemption no. I 0422A changes the petitioner name in the exemption from ACS- AI Ltd. to 

B/E Aerospace Ltd. 

Other than requesting the STC holder name change in the subject exemption, your petition 

includes no request l·o r substantive changes in the conditions. nor in the reasons relative to 

publ ic interest and safety, which were the basis for granting the original exemption. 

Federal Register Publication 

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register for public comment because the requested amendment to the 

exemption would not set a precedent. 
Our Decision 

The FAA has determined that the justification for the issuance of exemption no. I 0422 

remains valid with respect to this amendment and is in the public interest. 

Therefore, under the authority provided by 49 U .S.C. 401 13 and 44 70 I, which the FAA 

Administrator has delegated to me, I grant an amendment to exemption no. I 0422 to 

accommodate a name change as that name affects the supplemental type certificate for 

Bombardier Aerospace Model CL-600-28 19 airplanes modified by B/E Aerospace Ltd. 

The Effect of Our Decision 

All other conditions and I imitations of exemption no. I 0422 remain the same. This letter 

must be attached to. and is a part oC exemption no. 10422. 

Sincerely, 

Michael Kaszycki 

Acting Manager, Transport Airplane Directorate 

Aircraft Certification Service 

2
§ 2568.110 If I qualify for Federal land in one of the categories BLM cannot convey, is there any other way for me to receive an allotment? Yes. If you qualify for land in one of the categories listed in section 2568.91 which BLM cannot convey, you may choose an alternative allotment from the following types of land within the same ANCSA Region as the land for which you originally qualified: ( a ) Land within an original withdrawal under section 11(a)(1) of ANCSA for selection by a Village Corporation which was: ( 1 ) Not selected,
( 2 ) Selected and later relinquished, or
( 3 ) Selected and later rejected by BLM;
( b ) Land outside of, but touching a boundary of a Village withdrawal, not including land described in section 2568.91 or land within a National Park; or
( c ) Vacant, unappropriated, and unreserved land. (For purposes of this section, the term “unreserved” includes land withdrawn solely under the authority of section 17(d)(1) of ANCSA.)
§ 702.436 Reinstatement. ( a ) If a physician or health care provider has been debarred or pursuant to § 702.431(d) or if a claims representative has been debarred pursuant to § 702.131(c) (1) or (3) the person debarred will be automatically reinstated upon notice to the Director that the conviction or exclusion has been reversed or withdrawn. However, such reinstatement will not preclude the Director from instituting debarment proceedings based upon the subject matter involved.
( b ) A physician, health care provider or claims representative otherwise debarred by the Director may apply for reinstatement to participate in the program by application to the Director after three years from the date of entry of the order of exclusion. Such application for reinstatement shall be addressed to the Associate Director for the Longshore program, and shall contain a statement of the basis of the application along with any supporting documentation.
( c ) The Director may further investigate the merits of the reinstatement application by requiring special reporting procedures from the applicant for a probationary period not to exceed six months to be monitored by the district office where the provider maintains a place of business.
( d ) At the end of aforesaid probationary period, the Director may order full reinstatement of the physician, health care provider or claims representative if such reinstatement is clearly consistent with the program goal to protect itself against fraud and abuse and, further, if the physician, health care provider or claims representative has given reasonable assurances that the basis for the debarment will not be repeated.
[50 FR 405, Jan. 3, 1985]
### §2307. Treatment of funds

Funds distributed under the provisions of this chapter shall not be considered as income or resources nor otherwise utilized as the basis for denying or reducing the financial assistance or other benefits to which such household or member would otherwise be entitled under the Social Security Act [42 U.S.C. 301 et seq.] or, except for per capita shares in excess of $2,000, any Federal or federally assisted program.

(Pub. L. 98–500, §8, Oct. 19, 1984, 98 Stat. 2319.)

#### **Editorial Notes**

#### References in Text

The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
##### 



EXHIBIT 10.2
 KAYDON CORPORATION 1999 LONG TERM STOCK INCENTIVE PLAN
NON-QUALIFIED STOCK OPTION AGREEMENT
 
 
 Confirmation of Grant and Price
 Term for Exercise
 Percentage and Date Schedule
 Percentage of Number
    
    Date First Availableof Shares
    
    for Exercise20%
    
    One year after the date of grant20%
    
    Two years after the date of grant20%
    
    Three years after the date of grant20%
    
    Four years after the date of grant20%
    
    Five years after the date of grant
 Later Exercise
 Expiration .
 Non-Qualified Stock Option




---



##### 



Who May Exercise
 Death
 Discretion to Amend
 Exercise After Termination of Employment
 General Rule
 Exceptions for Involuntary Termination and Disability
 Exception for Death
 Exception for Retirement
  2




---



##### 



Restrictions on Exercise
 General Limitation
 Governmental Approval
 Registration
 Withholding
 Representation
 Hardship
 Employment
 Manner of Exercise
 3




---



##### 



Payment
 Cash or Shares provided, however
 Instructions
 Combination
 Other
 Prior Holdings Limitation
 Option
 Stock
 Withholding Limitation
 Right to Exercise
 Other Documents
 Cash or Stock Alternative
 4




---



##### 



Repurchase
 Disposition of Shares
 Non-Assignability
 Acceptable Assignments
 Death
 Grantor Trust
 Other
 Limitation
 Rights as Shareholders
 Capital and Other Adjustments
 5




---



##### 



Change in Control
 Purchase
 Adjust
 Cause Assumption
 Change in Control Compensation Agreement or Employment Agreement
 Legality
 Withholding of Taxes
 Withholding
 Fractional Shares
 6




---



##### 



Notice
 Amendment
 Governing Law
 
 KAYDON CORPORATION
    
    
    
    OPTIONEEByName:Its:
 7
§ 688.520 What cost limits apply to the use of YouthBuild program funds? ( a ) Administrative costs for programs operated under YouthBuild are limited to 10 percent of the grant award. The definition of administrative costs can be found in § 683.215 of this chapter.
( b ) The cost of supervision and training for participants involved in the rehabilitation or construction of community and other public facilities is limited to no more than 15 percent of the grant award.
### §197. Disposition of dead timber on reservations in Minnesota

The Secretary of the Interior may in his discretion, from year to year, under such regulations as he may prescribe, authorize the Indians residing on any Indian reservation in the State of Minnesota, whether the same has been allotted in severalty or is still unallotted, to fell, cut, remove, sell, or otherwise dispose of the dead timber, standing or fallen on such reservation or any part thereof, for the sole benefit of such Indians; and he may also in like manner authorize the Chippewa Indians of Minnesota who have any interest or right in the proceeds derived from the sales of ceded Indian lands or the timber growing thereon, whereof the fee is still in the United States, to fell, cut, remove, or dispose of the dead timber, otherwise than by sale, standing or fallen, on such ceded land. But whenever there is reason to believe that such dead timber in either case has been killed, burned, girdled, or otherwise injured for the purpose of securing its sale under this section, then in that case authority shall not be granted.

(June 7, 1897, ch. 3, 30 Stat. 90.)

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

#### Chippewa Reservation and Ceded Lands in Minnesota

Act June 27, 1902, ch. 1157, §4, 32 Stat. 404, provided: "That so much of the Act of June seventh, eighteen hundred and ninety-seven, entitled 'An Act making appropriations for the current and contingent expenses of the Indian Department and fulfilling treaty stipulations with various Indian tribes for the fiscal year ending June thirtieth, eighteen hundred and ninety-eight, and for other purposes,' as authorizes the sale of dead timber, standing or fallen, under regulations prescribed by the Secretary of the Interior, on the Chippewa reservations and ceded lands in the State of Minnesota, is hereby repealed: Provided, That nothing herein contained shall be held in any way to affect contracts already entered into and now in force for the sale and cutting of dead timber, standing or fallen, on said reservations and ceded lands."
### §1300g–1. Omitted

#### **Editorial Notes**

#### Codification

Section, Pub. L. 100–89, title I, §102, Aug. 18, 1987, 101 Stat. 666, which redesignated the Tiwa Indians of Ysleta, Texas, as the Ysleta del Sur Pueblo, was omitted from the Code as being of special and not general application.
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

DAY ELEV

 2,321.30

 2,321.25

 2,321.26

 2,321.12

 2,320.91

 2,320.74

 2,320.61

 2,320.60

 2,320.66

 2,320.58

 2,320.40

 2,320.25

 2,320.06

 2,319.92

 2,319.82

 2,319.82

 2,319.84

 2,319.86

 2,319.87

 2,319.87

 2,319.88

 2,319.82

 2,319.73

 2,319.62

 2,319.48

 2,319.31

 2,319.17

 2,319.07

 2,319.08

 2,319.17

 1,728.5

 1,727.9

 1,728.0

 1,726.1

 1,723.4

 1,721.1

 1,719.4

 1,719.3

 1,720.1

 1,719.0

 1,716.7

 1,714.7

 1,712.2

 1,710.4

 1,709.1

 1,709.1

 1,709.3

 1,709.6

 1,709.7

 1,709.7

 1,709.8

 1,709.1

 1,707.9

 1,706.4

 1,704.6

 1,702.4

 1,700.6

 1,699.3

 1,699.4

 1,700.6

STORAGE

-0.5

-0.7

+0.1

-1.8

-2.8

-2.2

-1.7

-0.1

+0.8

-1.1

-2.4

-2.0

-2.5

-1.8

-1.3

+0.0

+0.3

+0.3

+0.1

+0.0

+0.1

-0.8

-1.2

-1.4

-1.8

-2.2

-1.8

-1.3

+0.1

+1.2

CHANGE

51

168

408

620

104

285

574

1,360

1,794

912

301

472

194

384

691

287

422

419

366

312

318

392

426

273

428

195

221

370

1,017

1,313

INFLOW

 317

 431

 325

 1,536

 1,492

 1,404

 1,432

 1,422

 1,396

 1,442

 1,475

 1,454

 1,434

 1,306

 1,350

 275

 278

 268

 296

 300

 229

 788

 1,019

 960

 1,340

 1,312

 1,129

 1,025

 943

 712

POWER

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

SPILL

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

OUTLET

 0

 70

 16

 16

 8

 8

 4

 4

 0

 0

 19

 12

 19

 4

 0

 12

 12

 19

 4

 12

 23

 0

 0

 38

 12

 4

 15

 4

 8

 8

C.F.S.

 .00

 .18

 .04

 .04

 .02

 .02

 .01

 .01

 .00

 .00

 .05

 .03

 .05

 .01

 .00

 .03

 .03

 .05

 .01

 .03

 .06

 .00

 .00

 .10

 .03

 .01

 .04

 .01

 .02

 .02

INCHES

 .00

 .00

 .88

 .00

 .13

 .01

 .23

 .28

 1.07

 .43

 .01

 .00

 .00

 .00

 .64

 .13

 .14

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .02

 .00

 .00

 .46

 .96

PRECIP

UNITED STATES DEPARTMENT OF THE INTERIOR

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

NOVEMBER 2003 TRINITY LAKE DAILY OPERATIONS RUN DATE: March 12, 2004

IN LAKE

EVAPORATION

INCHES

C.F.S.

COMPUTED*

1000 ACRE-FEET

RELEASE - C.F.S.

TOTALS -28.4 15,077 29,090 0 0 351 .90 5.39

ACRE-FEET -28,400 29,905 57,700 0 0 696

COMMENTS:

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

(1) EVAPORATION AND PRECIPITATION RECORDS TAKEN FROM STATION AT TRINITY RIVER HATCHERY.

SUMMARY RELEASE (ACRE-FEET)

POWER 57,700

SPILL 0

OUTLET

TOTAL

 0

 57,700

PRECIPITATION

THIS MONTH =

TO DATE =

 5.39

JULY 1, 2003 7.08

 1,729.1

(1) (1)
### §1082. Omitted

#### **Editorial Notes**

#### Codification

Section, Pub. L. 89–655, §2, Oct. 14, 1966, 80 Stat. 905, which directed the preparation of membership rolls for the Quileute and Hoh Tribes, was omitted from the Code as being of special and not general application.