alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Pursuant to 5 T H C IR . R. 47.5 , the court has determined that this opinionshould not * be publishe d an d is not precedent except under the limited circu mstance s set forth in 5 T H C IR . R. 47.5 .4. 

### INTHE UNI TED S TATESCOU RT OFAPPEALS

FORTHE FIFTH CIRCU IT

N o. 08- 10745 Su m m ar y Cal endar
UN I TE D S TA TE S OF AM ERI CA P l ai n t i f f

- A pp el l ee
v. BR END A L EE F OR D D e fe nda nt
- Appe l l ant

A pp ealf

rom t h e U n i t ed S t ates D i st ri ctC ou rt f or t h e N ort h ern D i st ri ctof T exas U SD C N o. 4: 95- C R

- 16- 1
B e fo r e D AV IS , G A R Z A , a n dP R A D O , C ir c u it J u d g e s . P E R C U R IA M: * B rend a L ee F ord, federalpri soner # 262 55-077, w as sentenced to a 3 2 4 -m on th term of i m p ri son m en t fol l ow i n g a 19 9 5 con victi on f or co n sp i ra cyto p oss ess w i th i n ten t to d i strib u te coca i n e a n dpo sse ssion w i th i n ten t t o d i strib u te c o c a i n e . Ba s e do n F o r d ’ s mo t i o n t o r e d u c e h e rse nt e nc e u n d e r1 8 U. S
. C. § 358 2( c) ( 2) du e to t h e cr ack cocai n e am en dm en t s t o t h e Sen t en ci n g G u i del i n es, t he di s t r i c tco ur tre duc e d t he agg r e ga t e se nt e nc e of 324 m o nt hs t o 2 62 m o nt hs in p r is o n . United States Court of App eals Fifth Circuit 

### F I L E D May 13, 2009 Cha rl es R. F ulb ru g e II I ClerkN o. 08- 10745

2 O n J une 2 4, 2 00 8, Fo r d f i l e d apr o s e “ m o t i o n t o re vi s i tse nt e nc i ng i n t he i nt er es tof

j ust i c e undern ew l y def i ned l aw of

the § U
. S. S. G
. ” For d as se r t ed t hat h er pri or c on vi ct i on s di d n otqu al i f y h er as a career of

fen der. Th e di st ri ctcourt d e n i e dt h e mo t i o n a s a n u n a u t h o r i z e dm o t i o n . On a p p e a l , Fo r dh a s n o ts h o wn a j uri sdi c t i onalbas i s f orherm ot i on to re visi t. B ec ause For d has appeal ed an u n au t h ori zed m ot i on , w e di sm i ss t h e ap pea l on t h e basi s t h at t h e di st ri ctcourt la c k e dju r is d ic tio n . S ee Un i t ed S t ate s v. Earl y, 2 7 F .3d 1 4 0 , 1 4 2 (5 th C ir. 1 9 9 4 ). DI S M I S S ED
.
# , City 

# of 

# SAINT ROBERT

August 28, 2014 Mr. Kevin Schlemmer, Chiefofthe Essential Air Service Division Mr. Albert Muldoon 1200 NewJersey Ave. SE Washington, DC 20590 Dear Mr. Schlemmer and Mr. Muldoon: Thank you for allowing us the opportunity to comment onthe Essential Air Services proposals submitted for air service at the Waynesville/St. Robert Regional Airport at Forney Field on Fort Leonard Wood. We are very committedto providing exceptional air service to our surrounding coiilmunities, and with the partnership we have withthe City of Waynesville and Fort Leonard Wood I feel ithas been a very successful venture. Itis the recommendation ofthe City ofSt. Robert and Waynesville, after review ofthe EAS proposals that were submitted, that the Cape Airproposal be renewed and a four year contract be accepted. We have been verypleased with the service and support to our communities that Cape Air has afforded us.



# .**/~hJL_** George Sanders, Mayor City ofSt. Robert

Mayor: George Sanders InterimCity Administrator: Anita Ivey City Clerk: Debra A. Adkins ,.
### §14037. Transferred

#### **Editorial Notes**

#### Codification

Section 14037 was editorially reclassified as section 12407 of Title 34, Crime Control and Law Enforcement.
#### § 320.1 Cross-reference.

The rules formerly at 16 CFR part 320 have been republished by the Consumer Financial Protection Bureau at 12 CFR part 1009, “Disclosure Requirements for Depository Institutions Lacking Federal Deposit Insurance (Regulation I).”
<PAGE>
                                                                               .
                                                                               .
                                                                               .
                                                             EXHIBIT 3.2

<TABLE>

<S>           <C>                               <C>                        <C>
(SEAL OF         DEAN HELLER                    ------------------------       FILED: # UC5592.03
SECRETARY     Secretary of State                     Amendment to          Office Use Only
OF STATE)                                            Articles of
              202 North Carson Street                Organization
              Carson City, Nevada 89701-4201    (PURSUANT TO NRS 86.221)       AUG 28, 2003
              (775) 684 5708                    ------------------------      IN THE OFFICE OF
                                                                                 Dean Heller
                                                                           DEAN HELLER SECRETARY OF STATE

</TABLE>

             Important:Read attached instructions before completing
-------------------------------------------------------------------
              CERTIFICATE OF AMENDMENT TO ARTICLES OF ORGANIZATION
                     FOR A NEVADA LIMITED-LIABILITY COMPANY
                            (PURSUANT TO NRS 86.221)
                             - REMIT IN DUPLICATE -

                                        ---------------------------
1. Name of limited-liability company:   RE Investments III, LLC
                                        ---------------------------

2. The articles have been amended as follows: (provide articles numbers,
   if available): *

--------------------------------------------------------------------------------
FIRST:    The name of the Company is:

          Vestin Fund III, LLC

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

                                                                   -------------
3. Indicate whether the company is managed by managers or members: Managers
                                                                   -------------

4. Signature (must be signed by at least one manager or by a managing member).

/s/ Illegible
-------------------------
SIGNATURE

*1) If adding managers, provide names and addresses.

 2) If amending company name, it must contain the words "Limited-Liability
    Company," "Limited Company," or "Limited" or the abbreviations "Ltd",
    "L.L.C," or "L.C.", "LLC" or "LC." The word "Company" may be abbreviated
    as "Co."

FILING FEE: $150.00

IMPORTANT: Failure to include any of the above information and remit the proper
fees may cause this filing to be rejected.

                              (SEAL)
#### § 171.40 Notice of the commencement of a member responsibility action.

The notice of a Member Responsibility Action provided by the National Futures Association pursuant to its rules shall advise the affected parties of their right to petition the Commission pursuant to § 171.41 to stay the effective date of the action pending a hearing before the National Futures Association on the factual issues relevant to the suspension, restriction or remedial action ordered.
### §16423. Advanced Power System Technology Incentive Program

#### (a) Program

The Secretary is authorized to establish an Advanced Power System Technology Incentive Program to support the deployment of certain advanced power system technologies and to improve and protect certain critical governmental, industrial, and commercial processes. Funds provided under this section shall be used by the Secretary to make incentive payments to eligible owners or operators of advanced power system technologies to increase power generation through enhanced operational, economic, and environmental performance. Payments under this section may only be made upon receipt by the Secretary of an incentive payment application establishing an applicant as either—

(1) a qualifying advanced power system technology facility; or

(2) a qualifying security and assured power facility.

#### (b) Incentives

Subject to availability of funds, a payment of 1.8 cents per kilowatt-hour shall be paid to the owner or operator of a qualifying advanced power system technology facility under this section for electricity generated at such facility. An additional 0.7 cents per kilowatt-hour shall be paid to the owner or operator of a qualifying security and assured power facility for electricity generated at such facility. Any facility qualifying under this section shall be eligible for an incentive payment for up to, but not more than, the first 10,000,000 kilowatt-hours produced in any fiscal year.

#### (c) Eligibility

For purposes of this section:

#### (1) Qualifying advanced power system technology facility

The term "qualifying advanced power system technology facility" means a facility using an advanced fuel cell, turbine, or hybrid power system or power storage system to generate or store electric energy.

#### (2) Qualifying security and assured power facility

The term "qualifying security and assured power facility" means a qualifying advanced power system technology facility determined by the Secretary, in consultation with the Secretary of Homeland Security, to be in critical need of secure, reliable, rapidly available, high-quality power for critical governmental, industrial, or commercial applications.

#### (d) Authorization

There are authorized to be appropriated to the Secretary for the purposes of this section, $10,000,000 for each of the fiscal years 2006 through 2012.

(Pub. L. 109–58, title XII, §1224, Aug. 8, 2005, 119 Stat. 954.)
### §1765. Election to receive cash payments

(a) Notwithstanding any other provision of law, where a State phased out its commodity distribution facilities prior to June 30, 1974, such State may, for purposes of the programs authorized by this chapter and the Child Nutrition Act of 1966 [42 U.S.C. 1771 et seq.], elect to receive cash payments in lieu of donated foods. Where such an election is made, the Secretary shall make cash payments to such State in an amount equivalent in value to the donated foods that the State would otherwise have received if it had retained its commodity distribution facilities. The amount of cash payments in the case of lunches shall be governed by section 1755(c) of this title.

(b) When such payments are made, the State educational agency shall promptly and equitably disburse any cash it receives in lieu of commodities to eligible schools and institutions, and such disbursements shall be used by such schools and institutions to purchase United States agricultural commodities and other foods for their food service programs.

(June 4, 1946, ch. 281, §16, as added Pub. L. 94–105, §12, Oct. 7, 1975, 89 Stat. 515; amended Pub. L. 101–147, title III, §309, Nov. 10, 1989, 103 Stat. 915; Pub. L. 105–336, title I, §101(b), Oct. 31, 1998, 112 Stat. 3144.)

#### **Editorial Notes**

#### References in Text

The Child Nutrition Act of 1966, referred to in subsec. (a), is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, which is classified generally to chapter 13A (§1771 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1771 of this title and Tables.

#### Amendments

1998—Subsec. (a). Pub. L. 105–336 substituted "1755(c)" for "1755(e)".

1989—Pub. L. 101–147 inserted "Election to receive cash payments" as section catchline.

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

#### Effective Date of 1998 Amendment

Amendment by Pub. L. 105–336 effective Oct. 1, 1998, see section 401 of Pub. L. 105–336, set out as a note under section 1755 of this title.
###### Editorial Note on Part 1

#### Editorial Note:

Nomenclature changes to part 1 appear at 89 FR 71805, Sept. 4, 2024.

#### § 1.2 Liability of principal for act of agent.

The act, omission, or failure of any official, agent, or other person acting for any individual, association, partnership, corporation, or trust, within the scope of his employment or office, shall be deemed the act, omission, or failure of such individual, association, partnership, corporation, or trust as well as of such official, agent, or other person.
Unassociated Document


    
      
        EXHIBIT
          10.6

      

       

      PHOENIX
        INDIA ACQUISITION CORP.

       

       

      January
        11, 2006

      Phoenix
        Capital Partners, LLC 

      645
        Madison Avenue

      12th
        Floor

      New
        York,
        NY 10022

       

      Gentlemen:

       

      This
        letter will confirm our agreement, that commencing on the effective date
        (“Effective Date”) of the registration statement of the initial public offering
        (“IPO”) of the securities of Phoenix India Acquisition Corp. (“Company”) and
        continuing until the consummation by the Company of a “Business Combination” (as
        described in the Company’s IPO prospectus), Phoenix Capital Partners, LLC
        (“Phoenix Capital”) shall make available to the Company certain administrative,
        technology and secretarial services, as well as the use of certain limited
        office space in New York City, as may be required by the Company from time
        to
        time, situated at 645 Madison Avenue, 12th Floor, New York, New York 10022
        (or
        any successor location). In exchange therefor, the Company shall pay to Phoenix
        Capital the sum of $5,000 per month (the “Fee”) on the Effective Date and
        continuing monthly thereafter. This agreement supecedes in its entirety our
        prior agreement, dated November 21, 2005, regarding such services.

       

      
        
          	 	 	 
	 	PHOENIX
                  INDIA ACQUISITION CORP.
	 
 	 
 	 
 
	 	By:  	/s/ Shekhar
                  Wadekar
	 	
                  
Name:
                  Shekhar Wadekar
Title:   Executive
                  Vice-President and Secretary
	 	 


        



      
        
          
          

        

        
          
          

          
            

          

        

        
          
          

        

      


      
        	 	 	 
	 	AGREED
                TO AND ACCEPTED BY:
	 	 
	 	Phoenix Capital Partners, LLC
	 
 	 
 	 
 
	Date: January
                11, 2006	By:  	/s/ Ramesh
                Akella
	 	
                

                Name:
                  Ramesh Akella
Title:
                  Manager

              
	 	 


      

       

      
        
          
          

        

        
          2
### §16279c. Organization and administration of programs

#### (a) Coordination

In carrying out this part, the Secretary shall coordinate activities, and effectively manage crosscutting research priorities across programs of the Department and other relevant Federal agencies, including the National Laboratories.

#### (b) Collaboration

#### (1) In general

In carrying out this part, the Secretary shall collaborate with industry, National Laboratories, other relevant Federal agencies, institutions of higher education, including minority-serving institutions and research reactors, Tribal entities, including Alaska Native Corporations, and international bodies with relevant scientific and technical expertise.

#### (2) Participation

To the extent practicable, the Secretary shall encourage research projects that promote collaboration between entities specified in paragraph (1).

#### (c) Dissemination of results and public availability

The Secretary shall, except to the extent protected from disclosure under section 552(b) of title 5, publish the results of projects supported under this part through Department websites, reports, databases, training materials, and industry conferences, including information discovered after the completion of such projects.

#### (d) Education and outreach

In carrying out the activities described in this part, the Secretary shall support education and outreach activities to disseminate information and promote public understanding of nuclear energy.

#### (e) Technical assistance

In carrying out this part, for the purposes of supporting technical, nonhardware, and information-based advances in nuclear energy development and operations, the Secretary shall also conduct technical assistance and analysis activities, including activities that support commercial application of nuclear energy in rural, Tribal, and low-income communities.

#### (f) Program review

At least annually, all programs in this part shall be subject to an annual review by the Nuclear Energy Advisory Committee of the Department or other independent entity, as appropriate.

#### (g) Sensitive information

The Secretary shall not publish any information generated under this part that is detrimental to national security, as determined by the Secretary.

(Pub. L. 109–58, title IX, §959C, as added Pub. L. 116–260, div. Z, title II, §2006(a), Dec. 27, 2020, 134 Stat. 2471.)
### §18117. Oversight

The Inspector General of the Department of Health and Human Services shall have oversight authority with respect to the administration and implementation of this title 1 as it relates to such Department.

(Pub. L. 111–148, title I, §1559, Mar. 23, 2010, 124 Stat. 261.)

#### **Editorial Notes**

#### References in Text

This title, referred to in text, is title I of Pub. L. 111–148, Mar. 23, 2010, 124 Stat. 130, which enacted this chapter and enacted, amended, and transferred numerous other sections and notes in the Code. For complete classification of title I to the Code, see Tables.

1 See References in Text note below.
### §17825. Repealed or Omitted

#### **Editorial Notes**

#### Codification

Section, Pub. L. 110–422, title XI, §1109, Oct. 15, 2008, 122 Stat. 4811, which related to protection of scientific credibility, integrity, and communication within NASA, was repealed in part and omitted in part. Subsec. (c) was repealed and reenacted as section 60506 of Title 51, National and Commercial Space Programs, by Pub. L. 111–314, §§3, 6, Dec. 18, 2010, 124 Stat. 3328, 3444, which Act enacted Title 51. Subsec. (a), which provided sense of Congress regarding NASA's posture toward scientific research, and subsec. (b), which directed Comptroller General to initiate study within 60 days after Oct. 15, 2008, complete it within 270 days, and report to Congress, were omitted from the Code following the enactment of Title 51.
Opinion issued November 21 , 2017

In The 

## Court of Appeals For The 

## First District of Texas

———————————— NO. 01
- 17
- 00269
- CV

——————————— MYONG LADNER , Appella nt

V. PARESHBHAI VANMALIBH AI PATEL AND MINAXI PARESHBHAL PA TEL , Appell e e s
On Appeal from the 146th District Court

Bell County, Texas Trial Court Ca se No. 278,589
- B

MEMORANDUM OPINION Appellant, Myong Ladner , has neither established indigence, nor paid, or made arrangements to pay, the fee for preparing the clerk’s record. See T EX
. R. A PP
. P. 37.3(b). After being notified that this appeal was subject to dismissal, appellant did not adequately respond. See T EX
. R. A PP
. P. 37.3(b), 42.3(b). Accordingly, we2

dismiss the appeal for want of prosecution. We dismiss any pending motions as
moot. PER CU RIAM Panel consists of Chief Justice Radack and Justice s Keyes and Caughey

.
#### In the Matter of Herbert Long, Petitioner, v Glenn S. Goord, as Commissioner of Correctional Services, Respondent.

[821 NYS2d 488]

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

A misbehavior report charged petitioner with violating the prison disciplinary rules which prohibit smuggling and conspiring to introduce drugs into the facility. The charges arose after an investigation revealed that petitioner solicited his family *1122members to hide narcotics in a package that would be mailed to him in prison. Following a tier III disciplinary hearing, petitioner was found guilty of the charges and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding by petitioner ensued.

The misbehavior report, together with petitioner’s letters to his family members and his audiotaped telephone conversations with them referencing the delivery of “dope” to the facility, provide substantial evidence to support the determination of guilt *(see Matter of Fleming v Goord,*28 AD3d 972, 973 [2006]; *Matter of Hayes v Goord,*26 AD3d 550, 551 [2006]). The fact that no package containing drugs ever arrived at the facility is of no moment inasmuch as the charges against petitioner required proof only that he conspired to bring drugs into the facility by soliciting the aid of others *(see*7 NYCRR 270.2 [B] [14] [xv]; [15] [i]; *Matter of Lyde v Goord,*266 AD2d 615, 616 [1999]; *Matter of McGoey v Selsky,*260 AD2d 814, 815 [1999]). Petitioner’s denial of the charges created a credibility issue for the Hearing Officer to resolve *(see Matter of Hayes v*Goord, *supra*at 551). Moreover, given the serious nature of the offense, we do not find that the penalty imposed was so shocking to one’s sense of fairness as to be excessive *(see Matter of Barakat v Goord,*271 AD2d 776, 777 [2000]).

Petitioner’s remaining claims are either unpreserved for our review or lack merit.

Mercure, J.P., Crew III, Peters, Rose and Kane, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
No: IV-014-002 January 16, 2014

CONTACT: Lara Uselding (817) 200-1519

 Victor Dricks (817) 200-1128

NRC Names New Resident Inspector at

South Texas Project Plant

The U.S. Nuclear Regulatory Commission has 

selected Nick Hernandez as the new resident inspector at the 

South Texas Project Electric Generating Station located 

near Bay City, Texas. 

“Nick Hernandez’s technical and regulatory experience will 

assist the NRC in carrying out its mission to protect people 

and the environment by ensuring the safe operation of 

nuclear power plants,” said NRC Region IV Administrator 

Marc Dapas.

Hernandez joined the NRC’s Region IV office in Arlington, Texas, in August 2008, as a 

Project Engineer in the Division of Reactor Projects. Most recently, he served as an Operations 

Engineer in the Division of Reactor Safety. Prior to joining the NRC, Hernandez served as a 

submarine officer in the United States Navy. He holds a bachelor’s degree in economics from the 

United States Naval Academy. 

Each U.S. commercial nuclear power plant site has at least two NRC resident inspectors.

Hernandez joins senior resident inspector Fred Sanchez. They serve as the agency’s eyes and ears at 

the facility, conducting inspections, monitoring significant work projects, and interacting with plant 

workers and the public. 

The South Texas Project resident inspectors can be reached at 361-972-2507.