alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-13-00121-CR

Alan Leslie Balderamos

v.

The State of Texas

§

§

§

§

§

From the 372nd District Court

of Tarrant County (1090421D)

March 13, 2014

Opinion by Justice Walker

(nfp)

JUDGMENT

This court has considered the record on appeal in this case and holds that 

there was no error in the trial court’s judgment. It is ordered that the judgment of 

the trial court is affirmed.

SECOND DISTRICT COURT OF APPEALS 

By __/s/ Sue Walker__________________

 Justice Sue Walker
**Exhibit 32**

 

**Certificationof Periodic Financial Report**

 

HaroldG. Giomi and Jack B. Buchold hereby certify as follows:

 

1.               They are the Chief Executive Officer andChief Financial Officer, respectively, of The Bank Holdings.

 

2.               The Form 10-Q of The Bank Holdings for theQuarter Ended June 30, 2006 complies with the requirements of section 13(a) or15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)) and theinformation contained in the report on Form 10-Q fairly presents, in allmaterial respects, the financial condition and results of operations of TheBank Holdings.

 

 
| Date:  | August  14, 2006                       |   | /s/ Hal Giomi       |   |
|--------|----------------------------------------|--------|---------------------|--------|
|   | THE BANK HOLDINGS                      |
|   | Harold G. Giomi                        |
|   | Chairman & Chief Executive Officer |
|   |                                   |
|   |                                   |
| Date:  | August  14, 2006                       |   | /s/ Jack B. Buchold |   |
|   | THE BANK HOLDINGS                      |
|   | Jack B. Buchold                        |
|   | Chief Financial Officer                |
|        |                                        |        |                     |        |  |

 

----
*

 This order and judgment is not binding precedent, except under the

doctrines of law of the case, res judicata, and collateral estoppel. The court

generally disfavors the citation of orders and judgments; nevertheless, an order

and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.

** After examining the briefs and the appellate record, this three-judge

panel has determined unanimously that oral argument would not be of material

assistance in the determination of this appeal. See Fed. R. App. P. 34(a); 10th

Cir. R. 34.1(G). The cause is therefore ordered submitted without oral argument.

F I L E D

United States Court of Appeals

Tenth Circuit

MAY 25 2004

PATRICK FISHER

Clerk

UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee, No. 03-1283

v. (D. of Colo.)

CARLOS COTA-LUGO,

Defendant-Appellant.

(D.C. No. 00-CR-376-B)

ORDER AND JUDGMENT *

Before KELLY , HENRY , and TYMKOVICH , Circuit Judges. ** 

Defendant-Appellant Carlos Cota-Lugo (Cota-Lugo) appeals his sentence

for violating the terms of his supervised release from prison. We affirm.

Background

Cota-Lugo was convicted of illegally reentering the United States after

deportation in violation of 8 U.S.C. § 1326(a) and (b)(1), sentenced to a prison
-2-

term of one year and a day, and given a three-year supervised release term with a

specific condition that he not illegally reenter the United States. In 2002 he was

arrested in Denver, convicted of possession of heroin with intent to distribute in

violation of 21 U.S.C. § 841(a)(1), and sentenced to a 34-month prison term. He

was also convicted of violating the terms of his supervised release, and sentenced

to an 11-month prison term to run consecutively to the 34-month term.

Analysis

We review a sentence upon revocation of supervised release to determine

whether it is reasoned and reasonable. United States v. Lee , 957 F.2d 770, 774

(10th Cir. 1992). The United States Sentencing Commission, Guidelines Manual ,

§ 7B1.4(a)(1) (Nov. 2002) (USSG) recommends a sentence of 5-11 months for

violation of a term of supervised release. The district court followed this

recommendation, even though the court had the discretion to impose a higher

sentence based on the underlying crime. United States v. Hurst , 78 F.3d 482

(10th Cir. 1996). Therefore its sentence was both reasoned and reasonable.

In addition, USSG § 7B1.3(f) recommends that a term of imprisonment for

a supervised release violation run “consecutively to any sentence of imprisonment

that the defendant is serving.” The district court followed this recommendation;

therefore, the consecutive term was reasoned and reasonable.
-3-

We therefore AFFIRM the decision of the district court. Glen R. Anstine’s

motion to withdraw as counsel for appellant is granted. 

Entered for the Court

Timothy M. Tymkovich

Circuit Judge
### §18388. Repealed. Pub. L. 116–181, §2(c)(2), Oct. 21, 2020, 134 Stat. 892

Section, Pub. L. 111–267, title VIII, §809, Oct. 11, 2010, 124 Stat. 2834, related to space weather. See chapter 606 of Title 51, National and Commercial Space Programs.
### §1862n–10. Minority-serving institutions undergraduate program

#### (a) In general

The Director is authorized to establish a new program to award grants on a competitive, merit-reviewed basis to Hispanic-serving institutions, Alaska Native-serving institutions, Native Hawaiian-serving institutions, and other institutions of higher education serving a substantial number of minority students to enhance the quality of undergraduate science, mathematics, and engineering education at such institutions and to increase the retention and graduation rates of students pursuing associate's or baccalaureate degrees in science, mathematics, engineering, or technology.

#### (b) Program components

Grants awarded under this section shall support—

(1) activities to improve courses and curriculum in science, mathematics, and engineering;

(2) faculty development;

(3) stipends for undergraduate students participating in research; and

(4) other activities consistent with subsection (a), as determined by the Director.

#### (c) Program coordination

This program shall be coordinated with and in addition to the ongoing Historically Black Colleges and Universities Undergraduate Program and the Tribal Colleges and Universities Program.

#### (d) Instrumentation

Funding for instrumentation is an allowed use of grants awarded under this section and under the ongoing Historically Black Colleges and Universities Undergraduate Program and the Tribal Colleges and Universities Program.

(Pub. L. 107–368, §24, Dec. 19, 2002, 116 Stat. 3066.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of the National Science Foundation Authorization Act of 2002, and not as part of the National Science Foundation Act of 1950 which comprises this chapter.

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

#### Definitions

For definitions of terms used in this section, see section 4 of Pub. L. 107–368, set out as a note under section 1862n of this title.
**Exhibit 32**

 

**Certificationof Periodic Financial Report**

 

Harold G. Giomi and Jack B. Buchold herebycertify as follows:

 

1.                                       They are the Chief Executive Officer andChief Financial Officer, respectively, of The Bank Holdings.

 

2.                                       The Form 10-QSB of The Bank Holdings for theQuarter Ended September 30, 2004 complies with the requirements of section13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d))and the information contained in the report on Form 10-QSB fairly presents, inall material respects, the financial condition and results of operations of TheBank Holdings.

 

 
| Date:  | November  15, 2004 |                                    |   | /s/  Hal Giomi       |   |
|--------|--------------------|-----------------------------------------|--------|----------------------|--------|
|   |               | THE  BANK HOLDINGS                      |
|   |               | Harold  G. Giomi                        |
|   |               | Chairman  & Chief Executive Officer |
|   |               |                                    |
|   |               |                                    |
| Date:  | November  15, 2004 |                                    |   | /s/  Jack B. Buchold |   |
|   |               | THE  BANK HOLDINGS                      |
|   |               | Jack  B. Buchold                        |
|   |               | Chief  Financial Officer                |
|        |                    |                                         |        |                      |        |  |

 

----
###### Editorial Note on Part 200

#### Editorial Note:

Nomenclature changes to part 200 appear at 76 FR 60371, Sept. 29, 2011.

#### § 200.20a [Reserved]
###### Editorial Note on Part 260

#### Editorial Note:

Nomenclature changes to part 260 appear at 57 FR 36501, Aug. 13, 1992, and 57 FR 47409, Oct. 16, 1992.

#### § 260.0-4 Sequential numbering of documents filed with the Commission.

The manually signed original (or in the case of duplicate originals, one duplicate original) of all registrations, applications, statements, reports, or other documents filed under the Trust Indenture Act of 1939 shall be numbered sequentially (in addition to any internal numbering which otherwise may be present) by handwritten, typed, printed, or other legible form of notation from the facing page of the document through the last page of that document and any exhibits or attachments thereto. Further, the total number of pages contained in a numbered original shall be set forth on the first page of the document.

[44 FR 4666, Jan. 23, 1979, as amended at 76 FR 71877, Nov. 21, 2011]
#### Axel Stokby, Respondent, v. Aage Hempel, Appellant.

No opinion. Present — Peck, P. J., Glennon, Callahan, Van Voorhis and Shientag, JJ.
### §18939. Premise plumbing research

#### (a) In general

The Secretary, acting through the Director, shall create a program, in consultation with the Environmental Protection Agency, for premise plumbing research, including to—

(1) conduct metrology research on premise plumbing in relation to water safety, security, efficiency, sustainability, and resilience; and

(2) coordinate research activities with academia, the private sector, nonprofit organizations, and other Federal agencies.

#### (b) Definitions

For purposes of this section, the term "premise plumbing" means the water distribution system located within the property lines of a property, including all buildings and permanent structures on such property. Such term includes building supply and distribution pipes, fixtures, fittings, water heaters, water-treating and water-using equipment, and all respective joints, connections, devices, and appurtenances.

(Pub. L. 117–167, div. B, title II, §10234, Aug. 9, 2022, 136 Stat. 1485.)
### §13706. Transferred

#### **Editorial Notes**

#### Codification

Section 13706 was editorially reclassified as section 12106 of Title 34, Crime Control and Law Enforcement.
#### § 201.310 Failure to appear at hearings: Default.

Any person named in an order instituting proceedings as a person against whom findings may be made or sanctions imposed who fails to appear at a hearing of which he or she has been duly notified may be deemed to be in default pursuant to § 201.155(a). A party may make a motion to set aside a default pursuant to § 201.155(b).
### §17215. National Marine Energy Centers

#### (a) In general

The Secretary shall award grants, each such grant up to $10,000,000 per year, to institutions of higher education (or consortia thereof) for—

(1) the continuation and expansion of the research, development, demonstration, testing, and commercial application activities at the National Marine Energy Centers (referred to in this section as "Centers") established as of January 1, 2020; and

(2) the establishment of new National Marine Energy Centers.

#### (b) Location selection

In selecting institutions of higher education for new Centers, the Secretary shall consider the following criteria:

(1) Whether the institution hosts an existing marine energy research and development program.

(2) Whether the institution has proven technical expertise to support marine energy research.

(3) Whether the institution has access to marine resources.

#### (c) Purposes

The Centers shall coordinate among themselves, the Department, and National Laboratories to—

(1) advance research, development, demonstration, and commercial application of marine energy technologies in response to industry and commercial needs;

(2) support in-water testing and demonstration of marine energy technologies, including facilities capable of testing—

(A) marine energy systems of various technology readiness levels and scales;

(B) a variety of technologies in multiple test berths at a single location;

(C) arrays of technology devices; and

(D) interconnectivity to an electrical grid, including microgrids; and

(3) collect and disseminate information on best practices in all areas relating to developing and managing marine energy resources and energy systems.

#### (d) Coordination

To the extent practicable, the Centers shall coordinate their activities with the Secretary of Commerce, acting through the Undersecretary of Commerce for Oceans and Atmosphere, and other relevant Federal agencies.

#### (e) Termination

To the extent otherwise authorized by law, the Secretary may terminate funding for a Center described in paragraph (a) if such Center is under-performing.

(Pub. L. 110–140, title VI, §636, as added Pub. L. 116–260, div. Z, title III, §3001(a), Dec. 27, 2020, 134 Stat. 2484.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 17215, Pub. L. 110–140, title VI, §636, Dec. 19, 2007, 121 Stat. 1688, related to authorization of appropriations, prior to the general amendment of this part by Pub. L. 116–260.
3416.603-3 Limitations.       If the HCA is to sign a letter contract as the contracting officer, the SPE signs the written determination under FAR 16.603–3.    **Parent topic:** Subpart 3416.6—Time-and-Materials, Labor-Hour, and Letter Contracts
**Exhibit 32.1**

**CERTIFICATION OF CHIEF EXECUTIVEOFFICER PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED (Pursuant to Section 906of the Sarbanes-Oxley Act of 2002)**

HaroldG. Giomi certifies as follows:

1.               I am the Chief Executive Officer of The BankHoldings.

2.               The Form 10-Q of The Bank Holdings for theQuarter Ended March 31, 2007 fully complies with the requirements of section13(a) of the Securities Exchange Act of 1934 and the information contained inthe report on Form 10-Q fairly presents, in all material respects, thefinancial condition and results of operations of The Bank Holdings.
| Date:      May 15,  2007 | /s/ Harold G. Giomi                    |   |
|--------------------------------------------------------|----------------------------------------|--------|
|                                                   | THE BANK HOLDINGS                      |   |
|                                                   | Harold G. Giomi                        |   |
|                                                   | Chairman & Chief Executive Officer |   |

 

----
§ 230.239 Exemption for offers and sales of certain security-based swaps. ( a ) Provided that the conditions of paragraph (b) of this section are satisfied and except as expressly provided in paragraph (c) of this section, the Act does not apply to any offer or sale of a security-based swap that: ( 1 ) Is issued or will be issued by a clearing agency that is either registered as a clearing agency under Section 17A of the Securities Exchange Act of 1934 (15 U.S.C. 78q-1) or exempt from registration under Section 17A of the Securities Exchange Act of 1934 pursuant to a rule, regulation, or order of the Commission (“eligible clearing agency”), and
( 2 ) The Commission has determined is required to be cleared or that is permitted to be cleared pursuant to the eligible clearing agency's rules.
( b ) The exemption provided in paragraph (a) of this section applies only to an offer or sale of a security-based swap described in paragraph (a) of this section if the following conditions are satisfied: ( 1 ) The security-based swap is offered or sold in a transaction involving the eligible clearing agency in its function as a central counterparty with respect to such security-based swap;
( 2 ) The security-based swap is sold only to an eligible contract participant (as defined in Section 1a(18) of the Commodity Exchange Act (7 U.S.C. 1a(18))); and
( 3 ) The eligible clearing agency posts on its publicly available Web site at a specified Internet address or includes in its agreement covering the security-based swap that the eligible clearing agency provides or makes available to its counterparty the following: ( i ) A statement identifying any security, issuer, loan, or narrow-based security index underlying the security-based swap;
( ii ) A statement indicating the security or loan to be delivered (or class of securities or loans), or if cash settled, the security, loan, or narrow-based security index (or class of securities or loans) whose value is to be used to determine the amount of the settlement obligation under the security-based swap; and
( iii ) A statement of whether the issuer of any security or loan, each issuer of a security in a narrow-based security index, or each referenced issuer underlying the security-based swap is subject to the reporting requirements of Sections 13 or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m and 78o) and, if not subject to such reporting requirements, whether public information, including financial information, about any such issuer is available and where the information is available.
( c ) The exemption provided in paragraph (a) of this section does not apply to the provisions of Section 17(a) of the Act (15 U.S.C. 77q(a)).
[77 FR 20549, Apr. 5, 2012]
### §1396w–5. Addressing health care disparities

#### (a) Evaluating data collection approaches

The Secretary shall evaluate approaches for the collection of data under this subchapter and subchapter XXI, to be performed in conjunction with existing quality reporting requirements and programs under this subchapter and subchapter XXI, that allow for the ongoing, accurate, and timely collection and evaluation of data on disparities in health care services and performance on the basis of race, ethnicity, sex, primary language, and disability status. In conducting such evaluation, the Secretary shall consider the following objectives:

(1) Protecting patient privacy.

(2) Minimizing the administrative burdens of data collection and reporting on States, providers, and health plans participating under this subchapter or subchapter XXI.

(3) Improving program data under this subchapter and subchapter XXI on race, ethnicity, sex, primary language, and disability status.

#### (b) Reports to Congress

#### (1) Report on evaluation

Not later than 18 months after March 23, 2010, the Secretary shall submit to Congress a report on the evaluation conducted under subsection (a). Such report shall, taking into consideration the results of such evaluation—

(A) identify approaches (including defining methodologies) for identifying and collecting and evaluating data on health care disparities on the basis of race, ethnicity, sex, primary language, and disability status for the programs under this subchapter and subchapter XXI; and

(B) include recommendations on the most effective strategies and approaches to reporting HEDIS quality measures as required under section 1395w–22(e)(3) of this title and other nationally recognized quality performance measures, as appropriate, on such bases.

#### (2) Reports on data analyses

Not later than 4 years after March 23, 2010, and 4 years thereafter, the Secretary shall submit to Congress a report that includes recommendations for improving the identification of health care disparities for beneficiaries under this subchapter and under subchapter XXI based on analyses of the data collected under subsection (c).

#### (c) Implementing effective approaches

Not later than 24 months after March 23, 2010, the Secretary shall implement the approaches identified in the report submitted under subsection (b)(1) for the ongoing, accurate, and timely collection and evaluation of data on health care disparities on the basis of race, ethnicity, sex, primary language, and disability status.

(Aug. 14, 1935, ch. 531, title XIX, §1946, as added Pub. L. 111–148, title IV, §4302(b)(2), Mar. 23, 2010, 124 Stat. 581.)
###### Editorial Note on Part 249

#### Editorial Note:

Nomenclature changes to part 249 appear at 57 FR 36501, Aug. 13, 1992, and 57 FR 47409, Oct. 16, 1992.

#### § 249.821 Form PILOT, information required of self-regulatory organizations operating pilot trading systems pursuant to § 240.19b-5 of this chapter.

This form shall be used by all self-regulatory organizations, as defined in section 3(a)(26) of the Act, (15 U.S.C 78c(a)(26)), to file required information and reports with regard to pilot trading systems pursuant to § 240.19b-5 of this chapter.

[63 FR 70946, Dec. 22, 1998]

###### Editorial Note

#### Editorial Note:

For Federal Register citations affecting Form PILOT, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at *www.govinfo.gov.*