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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

_____________________ No. 05-40032

_____________________

UNITED STATES OF AMERICA Plaintiff - Appellee

v.
JUAN ALBERTO TEJADA Defendant - Appellant

--------------------- Appeal from the United States District Court for the

Southern District of Texas, Laredo

5:04-CR-1560-ALL

---------------------
Before GARZA, DeMOSS, and CLEMENT, Circuit Judges.

PER CURIAM: *

IT IS ORDERED that appellant’s unopposed motion t o remand

case to the Un ited States District Court for re-sentencing in
light of USA v. Booker is GRANTED.
IT IS FURTHER ORDERED that appellant’s unopposed alternative

motion to extend time to file appellant’s brief until 10 days

from the denial of the motion to remand is MOOT. United States Court of Appeals Fifth Circuit 

## F I L E D June 3, 2005 Charles R. Fulbruge III Clerk
NRC NEWS             U.S. NUCLEAR REGULATORY COMMISSION                       Office of Public Affairs              Telephone: 301/415-8200

                          Washington, D.C. 20555-0001       E-mail: opa@nrc.gov  Web Site: http://www.nrc.gov

No. 07-082            June 27, 2007

NRC CONSOLIDATES SECURITY UPGRADES  FOR OPERATING REACTORS

The Nuclear Regulatory Commission today began consolidating existing security-basedenhancements for each of the nation’s nuclear reactors, including the requirement that the utilities beprepared to mitigate the effects of large fires and explosions that could result from a terrorist attack,including the impact of a large commercial aircraft. The site-specific safety evaluation reports are partof a broader agency effort over the past five years to significantly upgrade plant safety and security. 

Most of the measures being required of plants through these legally binding revisions to theiroperating licenses are already in place and have been verified by the NRC, and with minor exceptionsall will be completed by December 2007. Inspection of these measures will become part of the routineinspection regime at all operating reactors.

“From the outset we set very high standards for plants to meet. Today’s action consolidates thesteps we have required over the past five years,” said NRC Chairman Dale Klein.

The measures being required at each site build upon the unilateral steps the NRC ordered theplants to take in early 2002 following the terrorist attacks of September 11, 2001. 

On February 25, 2002, the NRC ordered a sweeping series of security upgrades at nuclearplants around the nation. Within that broad directive were instructions to bolster not just physicalsecurity but add measures to mitigate the possible effects on spent fuel pools, reactor cores andcontainment buildings of a large fire or explosion, including those caused by the deliberate oraccidental impact of a large commercial aircraft. Nuclear power plant operators have beenimplementing site-specific measures since the issuance of NRC’s Order. The safety evaluations beingissued today ensure that these measures are maintained by utilities.

Letters containing the safety evaluations were sent today to the operators of eight of thenation’s 104 operating reactors with the remaining 96 to be issued over the next two months. Theletters making changes to licensing conditions will be made publicly available. However, specificdetails of steps taken at each site will not be available because the NRC does not release informationthat might assist terrorists. Plants being sent letters today were: Beaver Valley, Braidwood, Byron,Callaway and H.B. Robinson.

    ###News releases are available through a free list serve subscription at the following Web address: 

http://www.nrc.gov/public-involve/listserver.html. The NRC homepage at www.nrc.gov also offers a SUBSCRIBE link. E-mail notifications are sent to subscribers when news releases are posted to NRC's Web site.
### §21510. Rule of construction

Nothing in this chapter shall be construed to limit international information sharing or law enforcement cooperation relating to any person pursuant to any authority of the Department of Justice, the Department of Homeland Security, or any other department or agency.

(Pub. L. 114–119, §12, Feb. 8, 2016, 130 Stat. 25.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 114–119, Feb. 8, 2016, 130 Stat. 15, known as the International Megan's Law to Prevent Child Exploitation and Other Sexual Crimes Through Advanced Notification of Traveling Sex Offenders, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title of 2016 Act note set out under section 10101 of this title and Tables.

#### Codification

Section was formerly classified to section 16935i of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
AMENDMENT TO THE
                            SHARE PURCHASE AGREEMENT


         1.  The Parties hereby agree that Xin Net Corp. has full and unrestrict
-ed rights to appoint the entire Board of Beijing Quicknet Telecommunications
Corp. Ltd. (Beijing Quicknet) for as long as Xin Net is a shareholder.  Sellers
hereby grant their irrevocable proxy to Xin Net to vote all of their shares for
the appointment and election of directors, and the board will have the exclusive
right to appoint officers and managers.  A formal Proxy will be expected at
closing.

         2.  The Parties hereby agree that 49% will be transferred immediately
to Xin Net Corp. upon closing, another 2% of Beijing Quicknet will be conveyed
for US$100 (USD) when either of the following is completed to the satisfaction
of Xin Net Corp.:

              A.  The appropriate government ministry in China approves of the
              transfer of the 2% ownership in Beijing Quicknet.

              B.  Another legal mechanism for transfer of the 2% ownership of
              Beijing Quicknet is arranged.

Date: February 20, 2004


                                        SIGNATURES


                                        ------------------------------------



                                        ------------------------------------



                                        ------------------------------------
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 17

- 2517

_____________________________ S AFE H ARBOR R ECOVERY , LLC,

a nd A SCENDANT C OMMERCIAL I NS

. I NC

. Appellant s ,

v.

R ICHARD L ANGWEIL , Appellee.

_____________________________

On appeal from an order of the Judge of Compensation Claims

. Gregory J. Johnsen , Judge

.
Date of Accident: March 1, 2016.

January 12, 2018

P ER C URIAM

.
A FFIRMED

. W ETHERELL , R OWE , and J AY , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________2 Kimberly J. Fernandes of Kelley Kronenberg, P.A., Tallahassee
, for Appellant s

. Jeffrey M. Friedman of Vassallo, Bilotta, Friedman & Davis, West Palm Beach
, for Appellee.
§ 831.1107 Powers of presiding officers. The presiding officer may: ( a ) Administer oaths and affirmations;
( b ) Rule upon offers of proof and receive relevant evidence;
( c ) Fix the time and place of hearing;
( d ) Regulate the course of the hearing;
( e ) Exclude any person from the hearing for contumacious conduct or misbehavior that obstructs the hearing;
( f ) Hold conferences for simplification of the issues, or for any other purpose;
( g ) Dispose of procedural requests or similar matters;
( h ) Authorize the filing of briefs and set the time for filing;
( i ) Make initial decisions; and
( j ) Take any other action in the course of the proceeding consistent with the purposes of this subpart.
Exhibit 32.1



CERTIFICATION BY CHARLES B. SILCOX



CERTIFICATION 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 Quarterly Report on Form 10-Q of The Brickman Group, Ltd. (the Company) for the quarterly period ended September 30, 2004, as filed
with the Securities and Exchange Commission on the date hereof (the Report), Charles B. Silcox, as Chief Financial Officer of the Company, 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 financial condition and results of operations of the Company.



Date: November 8, 2004



|                       
|-----------------------
|/s/ Charles B. Silcox  
|Charles B. Silcox      
|Chief Financial Officer



This certification accompanies each
Report pursuant to § 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for purposes of §18 of the Securities Exchange Act of 1934, as amended.



A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and
furnished to the Securities and Exchange Commission or its staff upon request.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Homeland Security

###### Federal Emergency Management Agency 

          - [FEMA-1554-DR] 

# AGENCY:

Federal Emergency Management Agency, Emergency Preparedness and Response Directorate, Department of Homeland Security. 

# ACTION:

Notice. 

# SUMMARY:

This notice amends the notice of a major disaster for the State of Georgia (FEMA-1554-DR), dated September 18, 2004, and related determinations. 

# EFFECTIVE DATE:

October 30, 2004. 

# FOR FURTHER INFORMATION CONTACT:

Magda Ruiz, Recovery Division, Federal Emergency Management Agency, Washington, DC 20472, (202) 646-2705. 

# SUPPLEMENTARY INFORMATION:

Notice is hereby given that the incident period for this disaster is closed effective October 30, 2004. 

(The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund Program; 97.032, Crisis Counseling; 97.033, Disaster Legal Services Program; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance; 97.048, Individuals and Households Housing; 97.049, Individuals and Households Disaster Housing Operations; 97.050 Individuals and Households Program-Other Needs, 97.036, Public Assistance Grants; 97.039, Hazard Mitigation Grant Program.) 

Michael D. Brown, 

Under Secretary,  Emergency Preparedness and Response,  Department of Homeland Security. 

[FR Doc. 04-25038 Filed 11-9-04; 8:45 am] 

BILLING CODE 9110-10-P
COMPLETE CALVERT CLIFFS APPLICATION FOR NEW REACTOR 

AVAILABLE ON NRC WEB SITE 

The Nuclear Regulatory Commission has made available to the public the final portion of 

a combined license (COL) application for a new reactor at the Calvert Cliffs site near Lusby, Md. 

The NRC had previously received the application’s environmental report and posted it to the 

agency’s Web site. 

The applicant, UniStar, submitted the application’s safety report and associated 

information March 17. The application, minus proprietary or security-related details, is available 

on the NRC Web site at: http://www.nrc.gov/reactors/new-licensing/col/calvert-cliffs.html . 

The UniStar COL application seeks approval to build and operate an Evolutionary Power 

Reactor (EPR) at the site, approximately 40 miles south of Annapolis. The EPR is an Arevadesigned pressurized water reactor, with a nominal output of approximately 1,600 megawatts of 

electricity. Areva filed its application Dec. 11, 2007, to certify the design, a version of which is 

currently under construction at the Olkiluoto site in Finland and at Flamanville, France. The EPR 

application, minus proprietary or security-related details, is available on the NRC Web site at: 

http://www.nrc.gov/reactors/new-licensing/design-cert/epr.html . 

The NRC staff is currently conducting an initial check of the Calvert Cliffs safety report 

to determine whether it contains sufficient information required for a formal review. The staff 

has already determined that UniStar’s environmental report has sufficient information for the 

agency to formally “docket,” or file, that part of the application and begin a technical review. 

The docket number for this application is 52-016. If the safety report passes the initial check, the 

NRC will docket the entire application for review; this decision is expected by early June. If the 

staff accepts the entire application, the NRC will then notice an opportunity for the public to 

participate in an adjudicatory hearing on the application. 

NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs Telephone: 301/415-8200 

Washington, D.C. 20555-0001 

E-mail: opa@nrc.gov 

Site: http://www.nrc.gov

No. 08-079 April 18, 2008
The NRC is currently reviewing COL applications for reactors at four other locations: 

• the Lee site in South Carolina; 

• the South Texas Project site in Texas; 

• the Bellefonte site in Alabama, and; 

• the North Anna site in Virginia. 

The agency is also conducting an acceptance check on an application for the Harris site in North 

Carolina and the Grand Gulf site in Mississippi. The NRC expects 12 more applications in 2008. 

Information about the new reactor licensing process is available on the NRC Web site at: 

http://www.nrc.gov/reactors/new-reactor-licensing.html . 

### 

 News releases are available through a free listserv subscription at the following Web address: 

http://www.nrc.gov/public-involve/listserver.html. The NRC homepage at www.nrc.gov also offers a SUBSCRIBE 

link. E-mail notifications are sent to subscribers when news releases are posted to NRC's Web site.
EMPLOYER STATUS DETERMINATION

Kansas & Oklahoma Railroad, Inc.

This is the determination of the Railroad Retirement Board concerning

the status of Kansas & Oklahoma Railroad, Inc. (K&O) as a covered

employer under the Railroad Retirement Act (45 U.S.C. § 231, et sect.)

(RRA) and the Railroad Unemployment Insurance Act (45 U.S.C. § 351, et

seq) (RUIA).

Mr. Cecil V. Taylor, Controller of the K&O, advised that K&O began

actual operations and first compensated its employees on June 30, 2001. 

The K&O is a short line freight operator which services the western two

thirds of Kansas on 957.6 miles of trackage. The K&O connects with the

Union Pacific and Burlington Northern Santa Fe. The K&O, a wholly

owned subsidiary of Watco Co’s, acquired 678 miles of trackage from the

Central Kansas Railway, L.L.C. (CKR) (BA. No. 2765) and the balance of

its total trackage by assignment of leasing rights from CKR. Authority for

these transactions is set forth in Surface Transportation Board Finance

Docket Numbers 34030 and 34042, both decided on June 5, 2001.

Section 1(a)(1) of the Railroad Retirement Act (45 U.S.C. § 231(a)(1)), 

insofar as relevant here, defines a covered employer as:

(i) any carrier by railroad subject to the jurisdiction of

the Surface Transportation Board under Part A of subtitle IV

of Title 49 [45 U.S.C. § 231(a)(l)(i)].

Sections 1(a) and 1(b) of the Railroad Unemployment Insurance Act

(45 U.S.C. §§ 351(a) and (b)) contain substantially the same

definition as does section 3231 of the Railroad Retirement Tax Act

(26 U.S.C. § 3231).

BA# 2797
2-

Kansas & Oklahoma Railroad, Inc.

Based on the information summarized above, it is determined that

Kansas & Oklahoma Railroad, Inc. became an employer covered

under the Railroad Retirement Act and the Railroad Unemployment

Insurance Act on June 30, 2001, the date it began operations.

Cherry! T. Thomas

V. M. Speakman, Jr.
EXHIBIT 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                       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 Quarterly Report of Alexander International Ltd. (the
"Company") on Form 10-QSB for the period ending June 30, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Robert
Tsuida, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.
ss.1350, as adopted pursuant to ss.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 financial condition and result of operations of
          the Company.

IN WITNESS WHEREOF, the undersigned has executed this certification as of the
10th day of August 2004.


/s/ Robert Tsuida
-------------------------
Robert Tsuida
Chief Executive Officer
### §154102. Purposes

The purposes of the corporation are, through organization and cooperation with the Department of the Navy—

(1) to encourage and aid American young people to develop an interest and skill in basic seamanship and in its naval adaptations;

(2) to train them in seagoing skills; and

(3) to teach them patriotism, courage, self-reliance, and kindred virtues.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1432.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 154102 | 36:1042. | Sept. 10, 1962, Pub. L. 87–655, §2, 76 Stat. 531; Nov. 29, 1974, Pub. L. 93–504, 88 Stat. 1575. |

Section

The word "objects" is omitted as included in "purposes".
### §1555. Closing of appropriation accounts available for indefinite periods

An appropriation account available for obligation for an indefinite period shall be closed, and any remaining balance (whether obligated or unobligated) in that account shall be canceled and thereafter shall not be available for obligation or expenditure for any purpose, if—

(1) the head of the agency concerned or the President determines that the purposes for which the appropriation was made have been carried out; and

(2) no disbursement has been made against the appropriation for two consecutive fiscal years.

(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 937; Pub. L. 101–510, div. A, title XIV, §1405(a)(1), Nov. 5, 1990, 104 Stat. 1678.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 1555(a) | 31:706(less proviso). | July 25, 1956, ch. 727, §6, 70 Stat. 649. |
| 1555(b) | 31:706(proviso). | |

In subsection (a), the words "indefinite period" are substituted for "not limited to a definite period of time" for consistency in the revised title. The words "consecutive fiscal years" are substituted for "full consecutive fiscal years" to eliminate an unnecessary word.

In subsection (b), the words "or were heretofore withdrawn from the appropriation account by administrative action" are omitted as executed.

#### **Editorial Notes**

#### Amendments

1990—Pub. L. 101–510 substituted "Closing of appropriation accounts available" for "Withdrawal of unobligated balances of appropriations" in section catchline and amended text generally. Prior to amendment, text read as follows:

"(a) An unobligated balance of an appropriation for an indefinite period shall be withdrawn in the way provided in section 1552(a)(2) of this title when the head of the agency concerned decides that the purposes for which the appropriation was made have been carried out or when no disbursement is made against the appropriation for 2 consecutive fiscal years.

"(b) An amount of an appropriation withdrawn under this section may be restored to the applicable appropriation account to pay obligations and to settle accounts."

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

#### Effective Date of 1990 Amendment

Amendment by Pub. L. 101–510 applicable to any appropriation account the obligated balance of which, on Nov. 5, 1990, has not been transferred under section 1552(a)(1) of this title, as in effect Nov. 4, 1990, with transitional provisions, see section 1405(b) of Pub. L. 101–510, set out as a note under section 1551 of this title.
### §562a. Project depths for national defense purposes; waterways for general commerce

The Chief of Engineers, under the direction of the Secretary of the Army, is hereby authorized to maintain authorized river and harbor projects in excess of authorized project depths where such excess depths have been provided by the United States for defense purposes and whenever the Chief of Engineers determines that such waterways also serve essential needs of general commerce.

(Pub. L. 90–483, title I, §117, Aug. 13, 1968, 82 Stat. 737.)
Board Coverage Decision

1995-8

Manufacturer’s Junction Railway, Limited Liability Company

Name Change - Effective June 7, 1994

Manufacturers’ Junction Railway Company 

has changed its name to

Manufacturer’s Junction Railway, Limited Liability Company

No Decision Published

BA # 4609