alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §1944. Policy provisions

(a) Provisions for maturity at certain ages, for continuous installments during the lifetime of the insured or beneficiaries, or both, for refund of premiums, cash, loan, paid-up and extended values, dividends from gains and savings, and such other provisions for the protection and advantage of and for alternative benefits to the insured and the beneficiaries as may be found to be reasonable and practicable may be provided for in insurance contracts or from time to time by regulations.

(b) All calculations on insurance shall be based upon the American Experience Table of Mortality and interest at 31⁄2 percent per annum, except that no deduction shall be made for continuous installments during the life of the insured in case the insured's total and permanent disability continues more than two hundred and forty months.

(c) On and after July 19, 1939, the rate of interest charged on any loan secured by a lien on insurance shall not exceed 5 percent per annum.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1158, §744; Pub. L. 97–295, §4(26), Oct. 12, 1982, 96 Stat. 1307; Pub. L. 99–576, title VII, §701(30), Oct. 28, 1986, 100 Stat. 3293; renumbered §1944, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406.)

#### **Editorial Notes**

#### Amendments

1991—Pub. L. 102–83 renumbered section 744 of this title as this section.

1986—Subsec. (b). Pub. L. 99–576 substituted "the insured's" for "his".

1982—Subsecs. (b), (c). Pub. L. 97–295 substituted "percent" for "per centum".
* 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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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.

** United States v. Booker , 543 U.S. 220 (2005). United States Court of Appeals

Fifth Circuit 

## FILED May 2, 2007 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-41148 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus MARCOS TULIO ZAYAS, also known as Salvador Pinado-Martinez, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 7:05-CR-602-ALL

-------------------- Before HIGGINBOTHAM, WIENER, and PRADO, Circuit Judges.

PER CURIAM: * Appealing the Judgment in a Criminal Case, Marcos Tulio Zayas preserves for further review his contention that his sentence is unreasonable because this court’s post- Booker ** rulings have effectively reinstated the mandatory Sentencing Guideline regime condemned in Booker . Zayas concedes that his argument is foreclosed by United States v. Mares , 402 F.3d 511 (5th Cir.), cert. denied , 126 S. Ct. 43 (2005), and its progeny, which have outlined this court’s methodology for reviewingNo. 06-41148 -2- sentences for reasonableness. Zayas also preserves for further review his contention that his sentence is unreasonable because the illegal reentry guideline is unduly severe. Zayas concedes that this argument is foreclosed by United States v. Tzep-Mejia , 461 F.3d 522, 527 (5th Cir. 2006), which held that “ Booker doesnot give sentencing courts the discretion to impose a nonGuideline sentence based on the courts’ disagreement with Congressional and Sentencing Commission policy.” Finally, Zayas raises arguments that are foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998), which held that 8 U.S.C. § 1326(b)(2) is a penalty provision and not a separate criminal offense. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 07-7302

FREDDIE TAYLOR, Petitioner - Appellant, versus GARY MILLER, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:03-hc-00942-BO) Submitted: January 24, 2008 Decided: February 14, 2008 Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Freddie Taylor, Appellant Pro Se. Clarence Joe DelForge, III, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit.- 2 - PER CURIAM: Freddie Taylor seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2254 (2000) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. SeeMiller-El v. Cockrell , 537 U.S. 322, 336-38 (2003); Slack v. McDaniel , 529 U.S. 473, 484 (2000); Rose v. Lee , 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Taylor has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED
§ 231.118 Semiconductors critical to national security. *Semiconductors critical to national security* means: ( a ) Semiconductors utilizing nanomaterials, including 1D and 2D carbon allotropes such as graphene and carbon nanotubes;
( b ) Compound and wide- and ultra-wide bandgap semiconductors;
( c ) Radiation-hardened by process (RHBP) semiconductors;
( d ) Fully depleted silicon on insulator (FD-SOI) semiconductors, other than with regard to semiconductor packaging operations with respect to such semiconductors of a 28-nonometerer generation or older;
( e ) Silicon photonic semiconductors;
( f ) Semiconductors designed for quantum information systems;
( g ) Semiconductors designed for operation in cryogenic environments (at or below 77 Kelvin); and
( h ) Any other semiconductors that the Secretary, in consultation with the Secretary of Defense and the Director of National Intelligence, determines is critical to national security and issues a public notice of that determination.
### SUBCHAPTER VI—SICKLE CELL ANEMIA
LICENSING BOARD TO HEAR ORAL ARGUMENT OCT. 28 IN GRANBURY, 

TEXAS, ON COMANCHE PEAK NEW NUCLEAR REACTOR APPLICATION 

An Atomic Safety and Licensing Board (ASLB) will hear oral argument on several matters 

in the Comanche Peak Combined License (COL) proceeding on Oct. 28 in Granbury, Texas. The 

ASLB is the independent body within the NRC that presides over hearings where the public can 

challenge proposed licensing and enforcement actions. 

Oral arguments will begin at 9 a.m. CDT on Thursday, Oct. 28, in the Jury Selection Room 

of the Hood County Justice Center, 1200 W Pearl St. in Granbury. The session may extend into the 

evening if necessary. The session is open for public observation, but participation will be limited to 

the parties admitted to the proceeding (several public interest groups, the applicant – Luminant 

Generation Company – and NRC staff involved in the proceeding). Early arrival is suggested to 

allow for security screening for all members of the public interested in attending. NRC policy 

prohibits signs, banners, posters or displays in the hearing room. 

Luminant submitted a COL application Sept. 19, 2008, seeking permission to construct and 

operate two new nuclear reactors at the Comanche Peak site near Glen Rose, Texas. The ASLB 

granted intervenor status in the proceeding to the Sustainable Energy and Economic Development 

Coalition, Public Citizen, True Cost of Nukes, and State Representative Lon Burnam. The groups 

have submitted several objections, or contentions, against Luminant’s application. The ASLB will 

hear oral argument on several points, including a motion to dismiss one of the groups’ original 

contentions; the groups’ request to file additional contentions based on the staff’s draft 

Environmental Impact Statement; and the additional contentions themselves.

Documents related to the Comanche Peak COL application are available on the NRC 

website at: http://www.nrc.gov/reactors/new-reactors/col/comanche-peak.html. Documents 

pertaining to the ASLB proceeding are available in the agency’s electronic hearing docket at: 

http://ehd1.nrc.gov/EHD. 

More information about the ASLB can be found at: http://www.nrc.gov/aboutnrc/organization/aslbpfuncdesc.html. 

### 

NOTE: Anyone wishing to take photos or use a camera to record any portion of a NRC meeting should contact 

the Office of Public Affairs beforehand. 

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. 

NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs Telephone: 301/415-8200 

Washington, D.C. 20555-0001 

E-mail: opa.resource@nrc.gov

Site: http://www.nrc.gov

No. 10-184 October 14, 2010
MOLDOVA AGENCY PROMOTES FOREIGN INVESTMENT

----

**March 1999**
by Helen Midori
Wedged between Romania and Ukraine, Moldova is taking gradual steps to attract Western trade andinvestment. Although often overlooked by investors, Moldova boasts fertile soil, a highly skilled work force,underutilized production facilities, and a relatively low crime rate. Moreover, the Government of Moldovais actively promoting economic reforms and an aggressive policy aimed at attracting investment. (In October1998, the presidents of Ukraine and Romania traveled to Chisinau to discuss the creation of the LowerDanube Euroregion, a free economic zone that would offer value-added tax and customs duty exemptionsto potential investors.) 
Moldova's National Agency for Attracting Investment (NAAI) has helped foreign companies tradeand invest in Moldova since it was established in December 1997. As part of its effort to attract foreigninvestment and project financing to Moldova, the agency has developed a wide range of information,consultancy, and legal services. U.S. companies active in Moldova or considering Moldova's market mayfind that NAAI can expedite their efforts.
**Goals**
##### 



Exhibit 3.2
 
       1.
    
    Amendment of the Agreement.
    2.
    
    Agreement Otherwise Unchanged.
 
 3.
    
    Counterparts.




---



##### 



4.
    
    Governing Law.
   METROPOLITAN LIFE INSURANCE COMPANYBy:
    
    /s/ Gwenn L. CarrName: Gwenn L. CarrTitle: Vice President and SecretaryMETLIFE, INC.By:
    
    /s/ Gwenn L. CarrName: Gwenn L. CarrTitle: Vice President and SecretaryWILMINGTON TRUST COMPANY, as TrusteeBy:
    
    /s/ Joseph B. FeilName: Joseph B. FeilTitle: Senior Financial Services OfficerMELLON INVESTOR SERVICESBy:
    
    /s/ Denise MelatoName: Denise MelatoTitle: Vice President
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 Health and Human Services

###### National Institutes of Health

                    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.                          ( print page 435)    

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         Arthritis and Musculoskeletal and Skin Diseases Initial Review Group; Arthritis and Musculoskeletal and Skin Diseases Clinical Trials Review Committee.                    

*Date:*                         February 7, 2019.                    

*Time:*                         8:00 a.m. to 4:00 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         Canopy by Hilton, 940 Rose Avenue, North Bethesda, MD 20852.                    

*Contact Person:*                         Nakia C. Brown, Ph.D., Scientific Review Officer, 6701 Democracy Blvd., RM 816, Bethesda, MD 20892, 301-827-4905,                         *brownnac@mail.nih.gov.*

This meeting notice is being published less than 15 days in advance of the meeting due to the partial Government shutdown of December 2018.

(Catalogue of Federal Domestic Assistance Program Nos. 93.846, Arthritis, Musculoskeletal and Skin Diseases Research, National Institutes of Health, HHS)

Dated: January 18, 2019.

Sylvia L. Neal,

Program Analyst, Office of Federal Advisory Committee Policy.

[FR Doc. 2019-00168 Filed 1-25-19; 8:45 am]

 BILLING CODE 4140-01-P
WITHDRAW, VACATE, and DISMISS; Opinion Filed January 16, 2015.

S

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-14-01059-CV

LAKEITH AMIR-SHARIF, Appellant

V.

QUIK TRIP STORE NO. #909, ET AL., Appellee

On Appeal from the 191st Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-14-03023

MEMORANDUM OPINION

Before Justices Francis, Evans, and Whitehill

Opinion by Justice Evans

We WITHDRAW our opinion dated January 15, 2015 and VACATE our judgment of 

the same date. This is now the opinion of the Court. 

Before the Court is appellant’s January 9, 2015, motion for voluntary dismissal of appeal. 

In the motion, appellant states his research provides he does not have standing to pursue the 

appeal of the orders in question and that this Court lacks jurisdiction to consider his complaints. 

We grant the motion and DISMISS this appeal. TEX. R. APP. P. 42.1(a).

141059F.P05

/David W. Evans/

DAVID EVANS

JUSTICE
–2–

Court of Appeals

S

Fifth District of Texas at Dallas

JUDGMENT

LAKEITH AMIR-SHARIF, Appellant

No. 05-14-01059-CV V.

QUIK TRIP STORE NO. #909, ET AL., 

Appellee

On Appeal from the 191st Judicial District 

Court, Dallas County, Texas

Trial Court Cause No. DC-14-03023.

Opinion delivered by Justice Evans. Justices 

Francis and Whitehill participating.

We WITHDRAW our opinion dated January 15, 2015 and VACATE our judgment of 

the same date. This is now the judgment of the Court. Based on appellant’s January 9, 2015 

motion and in accordance with this Court’s opinion of this date, the appeal is DISMISSED.

Judgment entered this 16th day of January, 2015.
EXHIBIT 32.1

                       PERFORMANCE CAPITAL MANAGEMENT, LLC

                CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER AND
                           PRINCIPAL FINANCIAL OFFICER
                        PURSUANT TO 18 U.S.C. Sec. 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In  connection  with  the Quarterly Report on Form 10-QSB of Performance Capital
Management,  LLC  (the  "Company")  for the quarterly period ended September 30,
2006,  as  filed  with the Securities and Exchange Commission on the date hereof
(the  "Report"),  David J. Caldwell, as Chief Operations Officer of the Company,
and  Edward  M.  Rucker,  as  Accounting  Manager  of  the  Company, each hereby
certifies,  pursuant  to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 906 of
the  Sarbanes-Oxley  Act  of  2002,  that,  to  the  best  of  his  knowledge:

     (1)  The  Report  fully  complies with the requirements of Section 13(a) or
15(d)  of  the  Securities  Exchange  Act  of  1934,  as  amended;  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 J. Caldwell
---------------------------------
David J. Caldwell
Chief Operations Officer
November 13, 2006


   /s/ Edward M. Rucker
---------------------------------
Edward M. Rucker
Accounting Manager
November 13, 2006


The material contained in this exhibit is not deemed "filed" with the Commission
and  is not to be incorporated by reference into any filing of the Company under
the  Securities Act of 1933, as amended, or the Securities Exchange Act of 1934,
as amended, whether made before or after the date hereof and irrespective of any
general  incorporation  language  contained in such filing, except to the extent
that  the  Company  specifically  incorporates  it  by  reference.
#### § 919.1015 Suspension.

*Suspension* is an action taken by a suspending official under subpart G of this part that immediately prohibits a person from participating in covered transactions and transactions covered under the Federal Acquisition Regulation (48 CFR chapter 1) for a temporary period, pending completion of an agency investigation and any judicial or administrative proceedings that may ensue. A person so excluded is suspended.
B.C.D. 01-58

JUL 0 5 200!

EMPLOYER STATUS DETERMINATION

Berlin Mills Railway, Inc.

This is the determination of the Railroad Retirement Board concerning the

continuing status of Berlin Mills Railway, Inc. (BMRI) (BA No. 4101) as an

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

the Railroad Unemployment Insurance Act (45 U.S.C. § 351, et sea.) (RUIA). BMRI

was ruled to be an employer under the Acts effective February 1, 1970.

According to Mr. Kent Bates, Vice President and Chief Accounting Officer of Crown 

Vantage, Inc., Crown Vantage acquired a paper mill in Berlin, New Hampshire, and

BMRI from the James River Company in August 1995. According to Mr. Bates, on

July 9, 1999, Crown Vantage sold BMRI and the Berlin Mill to Pulp & Paper of

America, LLC. Prior to the July 1999 sale, all of BMRI’s railroad assets were

disposed of and its operations ceased. Thus, as ofJuly 9, 1999, BMRI was no longer

capable of operating as a railroad and its employees were last compensated on or

before that date.

Based on the above information, it is the determination of the Railroad Retirement

Board that Berlin Mills Railway, Inc. ceased to be an employer under the RRA and

RULA on July 9, 1999, the date as of which the record indicates it was no longer

capable of operating as a railroad.

Cherry^T. Thomas

V. M. Speakman, Jr.

BA# 4101
Exhibit 99(g)


                         Independent Accountants' Report
                         -------------------------------

The Board of Directors
Household Finance Corporation:

We have examined management's assertion that the servicing of credit card
accounts owned by Household Credit Card Master Note Trust I, Series 2001-2 (the
accounts) has been conducted by Household Finance Corporation, as Servicer, in
compliance with the terms and conditions as set forth in Articles III and
Section 5.08 of the Transfer and Servicing Agreement dated November 16, 2000
(the Agreement), as supplemented, as of and for the year ended December 31,
2002. Household Finance Corporation's management is responsible for the
assertion. Our responsibility is to express an opinion on management's assertion
based on our examination.

Our examination was conducted in accordance with attestation standards
established by the American Institute of Certified Public Accountants and,
accordingly, included examining, on a test basis, evidence supporting that the
servicing of accounts has been conducted in compliance with the terms and
conditions as set forth in Articles III and Section 5.08 of the Agreement, as
supplemented, and performing such other procedures as we considered necessary in
the circumstances. We believe that our examination provides a reasonable basis
for our opinion.

In our opinion, management's assertion that the servicing of the accounts has
been conducted by Household Finance Corporation, as Servicer, in compliance with
the terms and conditions as set forth in Articles III and Section 5.08 of the
Transfer and Servicing Agreement dated November 16, 2000, as supplemented, as of
and for the year ended December 31, 2002 is fairly stated, in all material
respects.

                                                        /s/ KPMG LLP
                                                        -----------------------
                                                        KPMG LLP


Chicago, Illinois
February 28, 2003
<PAGE>
                              Management Assertion


As of and for the year ended December 31, 2002, the servicing of credit card
accounts owned by Household Credit Card Master Note Trust I, Series 2001-2 has
been conducted by Household Credit Card Services, a division of Household
Finance Corporation, in its capacity as subservicer for Household Finance
Corporation, as Servicer, in compliance with the terms and conditions as set
forth in Articles III and Section 5.08 of the Transfer and Servicing Agreement
dated November 16, 2000, as supplemented.






 /s/ Margaret Sprude
-------------------------
Margaret Sprude
Chief Financial Officer-
Household Credit Card Services


February 28, 2003
------------------------------
Date
§ 337.302 Definitions. In this subpart: ( a ) *Category rating* is synonymous with alternative rating as described at 5 U.S.C. 3319, and is a process of evaluating qualified eligibles by quality categories rather than by assigning individual numeric scores. The agency assesses candidates against job-related criteria and then places them into two or more pre-defined categories.
( b ) *Quality categories* are groupings of individuals with similar levels of job-related competencies or similar levels of knowledge, skills, and abilities.
### §529. Annual report to Congress

The Secretary shall submit annually, at the close of each fiscal year, a report in writing to Congress. Each such report shall—

(1) give an account of all moneys received and disbursed by the Department for such fiscal year;

(2) describe the work done during such fiscal year; and

(3) state the activities of the Department for such fiscal year.

(Added Pub. L. 102–83, §2(a), Aug. 6, 1991, 105 Stat. 391.)

#### **Editorial Notes**

#### Prior Provisions

Provisions similar to those in this section were contained in section 214 of this title prior to repeal by Pub. L. 102–83, §2(a).

Prior section 531, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1137; Pub. L. 90–77, title I, §105, Aug. 31, 1967, 81 Stat. 179, provided for a monthly pension to widows of Mexican War veterans, prior to repeal by Pub. L. 94–169, title I, §101(2)(F), Dec. 23, 1975, 89 Stat. 1014, effective Jan. 1, 1976.

Prior sections 532 to 537 were renumbered sections 1532 to 1537 of this title, respectively.