alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. Antonio ALTATO-PUES, also known as Lucho Gatica-Rodriguez, Defendant-Appellant.

No. 04-41682.

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Decided March 1, 2006.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Southern District of Texas, Houston, TX, for PlaintiffAppellee.

Oscar A. Vela, Jr., Law Offices of Oscar A. Vela Jr., Laredo, TX, for Defendant-Appellant.

Before JOLLY, DAVIS and OWEN, Circuit Judges.

PER CURIAM: *

Antonio Altato-Pues (Altato) appeals the sentence imposed upon his guilty-plea conviction for transporting illegal aliens via motor vehicle into the United States. *See*8 U.S.C. § 1324. Altato argues that under *United States v. Booker,*543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), the district court was not authorized to increase his sentence based on its factual finding that he recklessly endangered the lives of his alien passengers. Both the Government and Altato contest whether Altato admitted the facts supporting the reckless endangerment adjustment. However, neither party provided this court with a transcript of the rearraignment proceeding. Absent the transcript, this court cannot review this claim. *See e.g., United States v. Holmes,*406 F.3d 337, 366 & n. 49 (5th Cir.), *cert. denied,*— U.S.-, 126 S.Ct. 375,163 L.Ed.2d 163 (2005).

The district court, however, committed “Fanfan” error by sentencing Altato pursuant to a mandatory guidelines scheme. *See United States v. Walters,*418 F.3d 461, 463-64 (5th Cir.2005). The Government concedes that Altato preserved his Fanfan claim. As such, this court reviews the claim for harmless error. *See Walters,*418 F.3d at 464. This court has rejected the argument that a Fanfan error is structural. *See Walters,*418 F.3d at 463.

There is no indication in the record that the district court would have imposed the same sentence had the guidelines been advisory rather than mandatory. The Government has not satisfied its burden of showing that the district court’s Fanfan error was harmless beyond a reasonable doubt. *See Walters,*418 F.3d at 463-64. Accordingly, we vacate the sentence and *412remand for resentencing in accordance with *Booker.*

This court need not address at this time Altato’s remaining argument challenging the district court’s denial of his request for a downward departure. *See United States v. Akpan,*407 F.3d 360, 377 n. 62 (5th Cir.2005).

SENTENCE VACATED AND REMANDED.

*

 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.
### §1347. Restoration of plans

Whenever the corporation determines that a plan which is to be terminated under section 1341 or 1342 of this title, or which is in the process of being terminated under section 1341 or 1342 of this title, should not be terminated under section 1341 or 1342 of this title as a result of such circumstances as the corporation determines to be relevant, the corporation is authorized to cease any activities undertaken to terminate the plan, and to take whatever action is necessary and within its power to restore the plan to its status prior to the determination that the plan was to be terminated under section 1341 or 1342 of this title. In the case of a plan which has been terminated under section 1341 or 1342 of this title the corporation is authorized in any such case in which the corporation determines such action to be appropriate and consistent with its duties under this subchapter, to take such action as may be necessary to restore the plan to its pretermination status, including, but not limited to, the transfer to the employer or a plan administrator of control of part or all of the remaining assets and liabilities of the plan.

(Pub. L. 93–406, title IV, §4047, Sept. 2, 1974, 88 Stat. 1028; Pub. L. 99–272, title XI, §11016(a)(3), Apr. 7, 1986, 100 Stat. 268; Pub. L. 101–239, title VII, §7893(g)(1), Dec. 19, 1989, 103 Stat. 2447.)

#### **Editorial Notes**

#### Amendments

1989—Pub. L. 101–239 struck out "under this subtitle" before "should not be terminated".

1986—Pub. L. 99–272 inserted "under section 1341 or 1342 of this title" after "terminated" in four places and substituted "section 1341 or 1342 of this title the corporation" for "section 1342 of this title the corporation".

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

#### Effective Date of 1989 Amendment

Amendment by Pub. L. 101–239 effective as if included in the provision of the Single-Employer Pension Plan Amendments Act of 1986, Pub. L. 99–272, title XI, to which such amendment relates, see section 7893(h) of Pub. L. 101–239, set out as a note under section 1002 of this title.

#### Effective Date of 1986 Amendment

Amendment by Pub. L. 99–272 effective Jan. 1, 1986, with certain exceptions, see section 11019 of Pub. L. 99–272, set out as a note under section 1341 of this title.
§ 77.1 Purpose and applicability. ( a ) The purpose of this part is to prescribe actions, procedures, and requirements for administration of the Flood Mitigation Assistance (FMA) grant program made available under the National Flood Insurance Act of 1968, as amended, and the Flood Disaster Protection Act of 1973, as amended, 42 U.S.C. 4001 *et seq.* The purpose of the FMA program is to assist States, Indian Tribal governments, and communities for planning and carrying out mitigation activities designed to reduce the risk of flood damage to structures insured under the National Flood Insurance Program (NFIP).
( b ) This part applies to the administration of funds under the FMA program for which the application period opens on or after October 12, 2021.
#### Harry Geyer, Respondent, v. National Fire Insurance Company of Hartford, Appellant.

Motion for leave to appeal to the Appellate Division granted. Present — Lewis, P. J., Johnston, Adel, Sneed and Wenzel, JJ.
United States Nuclear Regulatory Commission

Office of Public Affairs, Region I

475 Allendale Road King of Prussia, PA 19401

Phone: 610/337-5330 Fax: 610/337-5241

Internet: dps@nrc.gov or nas@nrc.gov

I-97-72 June 23, 1997

Contact: Diane Screnci FOR IMMEDIATE RELEASE

Neil A. Sheehan

NRC STAFF TO MEET WITH PSE&G;

REGIONAL ADMINISTRATOR TO HOLD QUARTERLY PRESS CONFERENCE

The Nuclear Regulatory Commission staff will meet with

officials of Public Service Electric and Gas Company on Friday,

June 27, to discuss the results of the NRC’s Restart Assessment

Team Insection (RATI) at Salem Unit 2. The RATI began on site on

June 9 and finished its on-site work on June 20. This meeting is

open to the public for observation only.

The meeting will begin at 1 p.m. in the Processing Center at

the Site in Lower Alloways Creek Township, N.J.

Immediately following the exit meeting, NRC Region I

Administrator Hubert J. Miller will hold a press conference to

discuss agency activities concerning Salem. NRC regional

officials hold these news conferences on a quarterly basis to

discuss events at regulated nuclear facilities and answer

reporters’ questions on these subjects. The press conference is

for reporters only.

Mr. Miller and the NRC also will be available to answer

questions from the public following the press conference.

#
### SUBCHAPTER III—RESTAURANTS
UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION

Case No.: 1:20-cv-23002-RNS

WINDY LUCIUS, )

)

Plaintiff, )

)

vs. )

) 

SOUTH FLORIDA STADIUM LLC, )

)

Defendant. )

)

NOTICE OF APPEARANCE

PLEASE TAKE NOTICE that Marcus R. Bach Armas, Esq. of South Florida Stadium 

LLC hereby enters his appearance as counsel for Defendant, SOUTH FLORIDA STADIUM 

LLC. Please furnish the undersigned counsel, Marcus R. Bach Armas, Esq., with copies of all 

orders, notices, pleadings, motions, and correspondence regarding this proceeding from this date 

forward.

Respectfully submitted this 22nd day of July, 2020.

/s/ Marcus R. Bach Armas

Marcus R. Bach Armas (FBN: 58169)

MBArmas@dolphins.com 

347 Don Shula Dr.

Miami Gardens, FL 33056

Tel. 305-943-6720

Fax. 305-943-6822

Case 1:20-cv-23002-RNS Document 6 Entered on FLSD Docket 07/22/2020 Page 1 of 2
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been served this 

22nd day of July, 2020, by the Notice of Electronic Filing, and was electronically filed with the 

Clerk of the Court via the CM/ECF system, which generates a notice of the filing to all attorneys 

of record.

/s/ Marcus R. Bach Armas

Marcus R. Bach Armas

Case 1:20-cv-23002-RNS Document 6 Entered on FLSD Docket 07/22/2020 Page 2 of 2
#### Leon Conde, Appellant, v. Mary M. Conde, Respondent.

Order modified as stated in oi\Vr, and as modified affirmed, without costs. No opinion. Present — Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ.
Exhibit 32.2


                                  CERTIFICATION


In connection with the Quarterly Report on Form 10-QSB of Integrated Surgical
Systems, Inc. (the "Company") for the period ended March 31, 2007, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
David H. Adams, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. 1350, 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 the Company.


/s/ David H. Adams
---------------------------------------

David H. Adams, Chief Financial Officer

May 14, 2007
#### Cora Stern, Respondent, Appellant, v. David F. Stern, Appellant, Respondent.

On plaintiff’s appeal order affirmed, without costs. On defendant’s appeal order reversed and motion granted, without costs. No opinion. Present — Ingraham, P. J., McLaughlin, Scott, Dowling and Hotchkiss, JJ.
United States Nuclear Regulatory Commission

Office of Public Affairs

Washington, DC 20555

Phone 301-415-8200 Fax 301-415-2234

Internet:opa@nrc.gov

No. 99-231

October 28, 1999

NRC SCHEDULES ROUNDTABLE DISCUSSION IN LAS VEGAS ON “DEFENSE-INDEPTH”

AT YUCCA MOUNTAIN

The Nuclear Regulatory Commission has scheduled a roundtable discussion on

November 2 in Las Vegas, on the concept of “defense-in-depth” at the proposed Yucca

Mountain high-level waste repository. “Defense-in-depth” refers to multiple layers of

protection, or barriers, that are built into a structure or system in the event one of the layers

fails.

The meeting will be held at the Alexis Park Hotel, at 375 East Harmon Avenue, from

1:30 until 5:00 p.m.

At the meeting, NRC staff will explain the agency’s policy on and requirements for

defense-in-depth. Participants will be asked to comment on the best way to achieve such

protection, and the most effective way to craft a regulatory program that focuses on those

systems most important to safety.

The NRC’s plan that clarifies defense-in-depth at Yucca Mountain, as well as the

proposed rule on the concept, can be found on the agency’s website, at

http://www.nrc.gov/NRC/COMMISSION/SECYS/1999-186scy.html and

http://www.nrc.gov/NMSS/DWM/hlwreg.htm.

###
GEN. PURPOSESINGLE PHASEGEN. PURPOSETHREE PHASESEVEREDUTYEXPLOSIONPROOFC-FACE SINGLE &THREE PHASEMULTI-SPEEDTHREE PHASEINVERTERDUTYVECTORDUTYBRAKEMOTORSU FRAMEMOTORSDIRECT CURRENT(DC)HVACMOTORS 

# 118 www.emersonmotors.com ® 

### APPLICATIONS: Designed for pumps, fans, compressors, conveyors and tools located in hazardous locations as defined by Class and Group. 

### FEATURES:

UL Listed & CSA Certified * Cast Iron Frame (Catalog #'s Beginning With "XS" Are Steel Frame) * Cast Iron End Brackets & Conduit Box * Stainless Steel Nameplate & Zinc Plated Hardware * Shaft Slinger On Pulley End For IP54 Protection * Cast Iron Inner Bearing Caps (180 Frame & Larger) * 40C Ambient, NEMA Design B Performance (4) * Regreasable Bearings 180 Frame & Up, Lifting Provisions 180 Frame & Up * Sealed Bearings 56-140, Shielded 180-250 Frames * Class F Insulation, Listed For Ambients -25C To +40C * * * 1.00 Service Factor on 60 Hertz Sinewave Power *

VOLTS LIST $ CATALOG NUMBER FRAME SHIP WGT NOTES HP RPM CLS I GRP CLS II GRP TEMP CODE Multiplier Symbol "C" Dim. Full Load Eff. Full Load Amps XS13S2BCR 56C 1/3 1800 DS-3F $400 230/460
- 30 13 D EFG T3B 12.5 1.6/0.8 Y13S2BCR 56C 1800 DS-3F $410 230/460
- 46 D
- T2B 11.6 1.5/0.7 XS12S2BCR 56C 1/2 1800 DS-3F $422 230/460
- 30 13 EFG T3B 12.5 1.9/0.95 Y12S2BCR 56C 1800 DS-3F $432 230/460
- 48 D
- T2B 11.6 1.7/0.9 XS34S1BCR 56C 3/4 3600 DS-3F $445 230/460
- 36 13 D EFG T3B 13.0 2.7/1.35 Y34S1BCR 56C 3600 DS-3F $455 230/460
- 48 D
- T2B 11.6 2.5/1.2 XS34S2BCR 56C 1800 DS-3F $445 230/460
- 36 13 T3B 13.5 2.6/1.3 Y34S2BCR 56C 1800 DS-3F $455 230/460
- 52 D
- T2B 11.6 2.7/1.3 XS1S1BCR 56C 1 3600 DS-3F $450 230/460
- 36 13
- T3B 13.0 3.2/1.6 Y1S1BCR 56C 3600 DS-3F $460 230/460
- 47 D
- T2B 11.6 3/1.5 X1S2BCR 143TC 1800 DS-3CX $580 230/460 80.0 60 D FG T3B 13.2 3.2/1.6 XS1S2BCR 143TC 1800 DS-3CX $667 230/460 77.6 54 13 EFG T3B 13.6 3.6/1.8 X32S2BCR 145TC 1-1/2 1800 DS-3CX $626 230/460 80.0 64 D FG T3B 13.2 4.5/2.2 XS32S2BCR 145TC 1800 DS-3CX $705 230/460 78.5 60 13 D T3B 15.1 4.8/2.4 X2S2BCR 145TC 2 1800 DS-3CX 230/460 84.0 73 D FG T3B 13.2 5.7/2.8 XS2S2BCR 145TC 1800 DS-3CX $744 230/460 81.5 65 13 EFG T3B 15.8 6.2/3.1 X3S2BCR 182TC 3 1800 DS-3CX $770 230/460 80.0 105 D FG T3B 16.1 9/4.5 X5S2BCR 184TC 5 1800 DS-3CX $836 230/460 85.5 118 D FG T3B 16.1 13.6/6.8 X7S2BCR 213TC 7-1/2 1800 DS-3CX $1,144 230/460 86.5 182 D FG T3B 19.9 19.9/10 X10S2BCR 215TC 10 1800 DS-3CX $1,229 230/460 85.5 151 D FG T3B 19.9 25.7/12.9 X15S2BCR 254TC 15 1800 DS-3CX $1,586 230/460 87.5 340 CD FG T3C 25.4 38/19.1

Note 04 On 60 H ertz Sine Wave power Note 13 S teel Frame Construction $700 

# Footless Conversion Kits: Cast Iron Fan Cover (180 Frame & Larger) See pages 401-414 Class and Group As Noted Below

CD

CD EFG CD
CD EFG CD 

# General Purpose Three Phase, TEFC Explosionproof Standard Efficient Dual & Single Label, C Face EF, LF

Page revised 5/10/06
<PAGE>

                                                                      Exhibit 23

                               Consent of KPMG LLP

The Board of Directors
Midas, Inc.:

         We consent to incorporation by reference in Registration Statement Nos.
333-44625, 333-44797, 333-58363, 333-42196, 333-74094, 333-89226, and 333-101559
on Form S-8 of Midas, Inc. of our report dated March 27, 2003 relating to the
balance sheets of Midas, Inc. as of the end of fiscal years 2002 and 2001, and
the related statements of operations, cash flows and changes in shareholders'
equity for each of the fiscal years 2002, 2001 and 2000, which report appears in
the Midas, Inc. Annual Report on Form 10-K for the fiscal year ended December
28, 2002.

Chicago, Illinois
March 27, 2003
#### § 208.27 Title to equipment.

Title to equipment purchased by a Sponsoring Agency with funds provided under a DHS Preparedness Cooperative Agreement vests in the Sponsoring Agency, provided that DHS reserves the right to transfer title to the Federal Government or a third party that DHS may name, under 2 CFR 200.313(e)(3), for example, when a Sponsoring Agency indicates or demonstrates that it cannot fulfill its obligations under the Memorandum of Agreement.

[79 FR 76087, Dec. 19, 2014]
No: 23-026 March 31, 2023 

CONTACT: Ivonne Couret, 301-415-8200 

NRC Awards Fiscal Year 2023 Grants for Minority-Serving Institutions

The Nuclear Regulatory Commission has awarded nearly $1 million to four minorityserving institutions, which are a federally recognized category of educational establishments 

including Historically Black Colleges and Universities, Tribal Colleges and Universities, 

Hispanic-Serving Institutions, and Asian American and Native American Pacific IslanderServing Institutions. 

This year’s recipients are:

• University of Central Florida, Fellowship for $397,943 

• University of North Texas, Fellowship for $400,000 

• University of Nevada—Las Vegas, Scholarship for $100,000 

• Virginia Commonwealth University, Scholarship for $100,000 

The Minority-Serving Institutions Grants Program funds minority-serving programs, 

activities, projects, symposiums and training for the exchange and transfer of knowledge and 

skills relevant to nuclear safety, security, environmental protection, or any other fields the 

Commission deems critical to its mission. Under this grant program, minority-serving programs 

and activities include mentoring, leadership development, training, instruction, developmental 

learning, research and development, program evaluation, and technical assistance. It also 

provides assistance through direct institutional subsidies, facilities and equipment acquisition, 

internships, fellowships, scholarships, and tuition and housing assistance. 

The NRC announces grant opportunities on www.grants.gov, which enables the public to 

find and apply for federal funding opportunities. A panel of expert reviewers, from academia and 

the NRC, evaluates the grant proposals. The panel composition is diverse, with most reviewers 

having experience reviewing proposals for government agencies and advanced credentials in 

nuclear engineering, health physics, radiochemistry or other STEM-related disciplines. Each 

panelist must certify no conflict of interest for the proposals they evaluate. 

The complete list of grants awarded and general information about the grant program will 

be available on the NRC’s website.
### §893. Compensation of employees of foreign governments or international organizations

#### (a) Rule for exclusion

Wages, fees, or salary of any employee of a foreign government or of an international organization (including a consular or other officer, or a nondiplomatic representative), received as compensation for official services to such government or international organization shall not be included in gross income and shall be exempt from taxation under this subtitle if—

(1) such employee is not a citizen of the United States, or is a citizen of the Republic of the Philippines (whether or not a citizen of the United States); and

(2) in the case of an employee of a foreign government, the services are of a character similar to those performed by employees of the Government of the United States in foreign countries; and

(3) in the case of an employee of a foreign government, the foreign government grants an equivalent exemption to employees of the Government of the United States performing similar services in such foreign country.

#### (b) Certificate by Secretary of State

The Secretary of State shall certify to the Secretary of the Treasury the names of the foreign countries which grant an equivalent exemption to the employees of the Government of the United States performing services in such foreign countries, and the character of the services performed by employees of the Government of the United States in foreign countries.

#### (c) Limitation on exclusion

Subsection (a) shall not apply to—

(1) any employee of a controlled commercial entity (as defined in section 892(a)(2)(B)), or

(2) any employee of a foreign government whose services are primarily in connection with a commercial activity (whether within or outside the United States) of the foreign government.

(Aug. 16, 1954, ch. 736, 68A Stat. 284; Pub. L. 100–647, title I, §1012(t)(4), Nov. 10, 1988, 102 Stat. 3527.)

#### **Editorial Notes**

#### Amendments

1988—Subsec. (c). Pub. L. 100–647 added subsec. (c).

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

#### Effective Date of 1988 Amendment

Amendment by Pub. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 1019(a) of Pub. L. 100–647, set out as a note under section 1 of this title.
### §9. Authorization of special studies, compilations, and transcripts on request; cost

The Department of Labor is authorized, within the discretion of the Secretary of Labor, upon the written request of any person, to make special statistical studies relating to employment, hours of work, wages, and other conditions of employment; to prepare from its records special statistical compilations; and to furnish transcripts of its studies, tables, and other records, upon the payment of the actual cost of such work by the person requesting it.

(Apr. 13, 1934, ch. 118, §1, 48 Stat. 582; Apr. 11, 1935, ch. 59, 49 Stat. 154; June 15, 1937, ch. 349, 50 Stat. 259; Apr. 15, 1939, ch. 71, 53 Stat. 581.)

#### **Editorial Notes**

#### Codification

This section and sections 9a and 9b of this title comprised sections 1 to 3 of act Apr. 13, 1934. Section 4 of that act provided as follows: "This Act shall cease to be effective one year after the date of its enactment." The act was temporarily extended by acts Apr. 11, 1935, and June 15, 1937, and was made permanent by act Apr. 15, 1939.
U.S. Nuclear Regulatory Commission

Office of Public Affairs, Region IV

611 Ryan Plaza Drive - Suite 400

Arlington, Texas 76011-8064

Contact: Breck Henderson

Office: 817-860-8128 Cellular: 817-917-1227

E-Mail: bwh@nrc.gov

RIV: 99-39

November 27, 1999

NRC MONITORS ALERT AT WATERFORD NUCLEAR PLANT

The U.S. Nuclear Regulatory Commission is monitoring closely activities at the

Waterford 3 nuclear power plant operated by Entergy Operations, Inc. near Taft, Louisiana,

following the declaration of an “Alert” condition at that plant at 5:33 a.m.

An “Alert” is the second lowest emergency action level in the NRC required emergency

response plan for nuclear power plants. An “Alert” indicates that events are in progress that

involve the potential for a substantial degradation of the level of safety at the plant. There has

been no release of radioactivity from the plant, operators are in complete control of all systems

and the plant is safely shut down.

In response to the “Alert” declaration, the NRC has staffed its incident response center

in the Region IV offices in Arlington, Texas. NRC engineers and inspectors are monitoring the

activities of Entergy operators, both from the incident response center and from the control

room at Waterford, where our resident inspector is stationed.

At about 5:00 a.m., Entergy operators were shutting down the plant to repair a small

steam leak. With the nuclear reactor shutdown, operators were initiating the plant’s shutdown

cooling system, which continues to cool the nuclear core when normal components are taken

off line. When a valve was opened to start shutdown cooling, primary cooling water

unexpectedly flowed from the primary system into a large storage pool. The valve was quickly

shut, remaining open for approximately two minutes, however about 3,000 gallons of primary

cooling water was lost from the primary system. That water was quickly restored with backup

water supply systems.

Currently, the nuclear core is being cooled by natural circulation through one of the

plant’s steam generators. Natural circulation is a designed capability that takes advantage of

the fact that cooler, denser water will fall to the bottom of a system due to gravity. The primary

system components are physically arranged such that warm water can rise from the reactor

core into the steam generators where it is cooled, and then the cold water can fall naturally to

the bottom of the core to be heated again, in a continuous process.

Entergy operators are now working to determine why primary cooling water flowed out of

the system. When that problem is corrected, it is expected that normal shutdown cooling will be

established and the initially planned repair activities will go forward.
All appropriate officials of the State of Louisiana and local communities surrounding the

plant have been notified.

###