alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES
                SECURITIES AND EXCHANGE COMMISSION
                      Washington, D.C.  20549


                             FORM 8-K

                          CURRENT REPORT


               Pursuant to Section 13 or 15(d) of the
                  Securities Exchange Act of 1934


                  Date of Report:  June 22, 2004
         (Date of Earliest Event Reported:  June 18, 2004)




                        EL PASO CGP COMPANY
      (Exact name of Registrant as specified in its charter)


     Delaware                 1-7176                74-1734212
  (State or other        (Commission File        (I.R.S. Employer
  jurisdiction of             Number)           Identification No.)
 incorporation or
   organization)


                         El Paso Building
                       1001 Louisiana Street
                       Houston, Texas 77002
        (Address of principal executive offices) (Zip Code)



 Registrant's telephone number, including area code (713) 420-2600



Item 5.  Other Events and Regulation FD Disclosure
         -----------------------------------------
     On  June  18,  2004,  our  parent  company, El Paso  Corporation,
announced  that it had closed  the  sale of  its interests in  Utility
Contract  Funding   (UCF)  to  a   subsidiary  of   The  Bear  Stearns
Companies Inc., for approximately $21 million.  We owned approximately
84% of UCF and it is included in our consolidated financial statements.
The  transaction   will  eliminate   approximately   $815  million  of
consolidated,  non-recourse debt.  A  copy  of  this  press release is
attached as Exhibit 99.A and is incorporated herein by reference.

Item 7.  Financial Statements and Exhibits
         ---------------------------------
         (c)  Exhibits.

              Exhibit
              Number       Description
              -------      -----------
               99.A        Press Release dated June 18, 2004.


                            SIGNATURES

     Pursuant to the requirements of the Securities Exchange Act of
1934,  the  registrant has duly caused this report to be signed  on
its behalf by the undersigned thereunto duly authorized.


                              EL PASO CGP COMPANY



                              By:      /s/ David L. Siddall
                                 --------------------------------
                                         David L. Siddall
                                 Vice President, Chief Governance
                                 Officer and Corporate Secretary



Dated:  June 22, 2004

                           EXHIBIT INDEX

     Exhibit
     Number       Description
     -------      -----------
      99.A        Press Release dated June 18, 2004.
### §1973ee–1. Transferred

#### **Editorial Notes**

#### Codification

Section 1973ee–1 was editorially reclassified as section 20102 of Title 52, Voting and Elections.
#### Robert Binder v. Samuel Marcus.

Present — Dore, J. P., Cohn, Callahan, Van Voorhis and Shientag, JJ. [See *ante,*p. 665.]
### §2296. Nonliability of United States; indemnification

The Government of the United States of America shall not be liable for any damages or third party liability arising out of or resulting from the joint program: Provided, however, That nothing in this section shall deprive any person of any rights under section 2210 of this title: And provided further, That nothing in this section shall apply to arrangements made by the Commission under a research and development program authorized in section 2292 of this title. The Government of the United States shall take such steps as may be necessary, including appropriate disclaimer or indemnity arrangements, in order to carry out the provisions of this section.

(Pub. L. 85–846, §7, Aug. 28, 1958, 72 Stat. 1086; Pub. L. 87–206, §20, Sept. 6, 1961, 75 Stat. 479.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of the EURATOM Cooperation Act of 1958 which comprises this subchapter, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.

#### Amendments

1961—Pub. L. 87–206 inserted proviso making provisions of section inapplicable to arrangements made by the Commission under a research and development program authorized by section 2292 of this title.
The Honorable Stephen M. Reasoner, Chief Judge, United 1

States District Court for the Eastern District of Arkansas.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 96-3845

___________

United States of America, *

*

Appellee, * Appeal from the United 

* States District Court for the

v. * Eastern District of Arkansas.

*

Eugene Fitzhugh, * [UNPUBLISHED]

*

Appellant. *

___________

 Submitted: May 5, 1997

 Filed: May 7, 1997

___________

Before BOWMAN, BEAM, and LOKEN, Circuit Judges.

___________

PER CURIAM.

Eugene Fitzhugh, convicted of bribery with the intent to influence

an official of a federal small business investment company, appeals a tenmonth sentence imposed by the District Court. He argues that the court

1

erred in using the presentence investigation report as evidence when he

challenged the facts contained therein. We disagree, because the record

establishes that Fitzhugh waived his objection to the relevant facts

contained in the presentence investigation report. We conclude that the

District Court’s estimate of the value of the bribe is not clearly
-2-

erroneous and that it plainly warranted a four-level enhancement.

Accordingly, Fitzhugh’s sentence is affirmed.

A true copy.

Attest:

 CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT
#### §§ 1005.112-1005.129 [Reserved]
#### § 270.27d-2 [Reserved]
#### In the Matter of Interboro Mutual Indemnity Insurance Company, Respondent, v Diane M. Sarno, Appellant, et al., Respondent.

[716 NYS2d 707]

—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for underinsured motorist benefits, the appeal is from an order of the Supreme Court, Nassau County (O’Shaughnessy, J.H.O.), dated November 16, 1999, which granted the application.

Ordered that the order is affirmed, with costs.

The relevant provision of the subject insurance policy required that the appellant give written notice of an underinsured motorist claim to the petitioner “as soon as practicable,” from the date she knew or should have known that the tortfeasor was underinsured *(see, Matter of Metropolitan Prop. & Cas. Ins. Co. v Mancuso,*93 NY2d 487; *Matter of Nationwide Ins. Co. v Montopoli,*262 AD2d 647). Furthermore, the appellant was obligated to demonstrate that she acted with due diligence *455in ascertaining the insurance status of the vehicles involved in the accident (see, *Matter of Metropolitan Prop. & Cas. Ins. Co. v Mancuso, supra; Matter of Eagle Ins. Co. v Bernardine,*266 AD2d 543; *Matter of Nationwide Ins. Co. v Montopoli, supra; Matter of State Farm Mut. Auto. Ins. Co. v Adams,*259 AD2d 551).

There is no evidence that the appellant made any effort, other than tendering a complaint to one of the tortfeasor’s insurers, to acquire information regarding insurance coverage. Moreover, the appellant gave no excuse as to why she did not make such an effort. Accordingly, the appellant did not sustain her burden of demonstrating due diligence or a reasonable excuse for the delay in ascertaining the tortfeasor’s insurance status. Therefore, notice of the claim was not given as soon as practicable, and arbitration was properly stayed *(see, Matter of Metropolitan Prop. & Cas. Ins. Co. v Mancuso, supra; Matter of Eagle Ins. Co. v Bernardine, supra; Matter of Nationwide Ins. Co. v Montopoli, supra; Matter of State Farm Mut. Auto. Ins. Co. v Adams, supra).*Ritter, J. P., Altman, H. Miller and Smith, JJ., concur.
552.000 Scope of part.

Parent topic: Part 552 - Solicitation Provisions and Contract Clauses
§ 23.22 Prohibition against statutory disqualification in the case of an associated person of a swap dealer or major swap participant. ( a ) *Definition.* For purposes of this section, the term “person” means an “associated person of a swap dealer or major swap participant” as defined in section 1a(4) of the Act and § 1.3 of this chapter, but does not include an individual employed in a clerical or ministerial capacity.
( b ) *Fitness.* No swap dealer or major swap participant may permit a person who is subject to a statutory disqualification under section 8a(2) or 8a(3) of the Act to effect or be involved in effecting swaps on behalf of the swap dealer or major swap participant, if the swap dealer or major swap participant knows, or in the exercise of reasonable care should know, of the statutory disqualification; *Provided, however,* that the prohibition set forth in this paragraph (b) shall not apply to any person listed as a principal or registered as an associated person of a futures commission merchant, retail foreign exchange dealer, introducing broker, commodity pool operator, commodity trading advisor, or leverage transaction merchant, or any person registered as a floor broker or floor trader, notwithstanding that the person is subject to a disqualification from registration under section 8a(2) or 8a(3) of the Act.
( c ) *Dual and multiple associations.* ( 1 ) A person who is already associated as an associated person of a swap dealer or major swap participant may become associated as an associated person of another swap dealer or major swap participant if the other swap dealer or major swap participant meets the requirements set forth in § 3.60(b)(2)(i)(A) of this chapter.
( 2 ) Each swap dealer and major swap participant associated with such associated person shall supervise that associated person, and each swap dealer and major swap participant is jointly and severally responsible for the conduct of the associated person with respect to the: ( i ) Solicitation or acceptance of customer orders,
( ii ) Solicitation of funds, securities or property for a participation in a commodity pool,
( iii ) Solicitation of a client's or prospective client's discretionary account,
( iv ) Solicitation or acceptance of leverage customers' orders for leverage transactions,
( v ) Solicitation or acceptance of swaps, and
( vi ) Associated person's supervision of any person or persons engaged in any of the foregoing solicitations or acceptances, with respect to any customers common to it and any other swap dealer or major swap participant.
[77 FR 2628, Jan. 19, 2012, as amended at 78 FR 20792, Apr. 8, 2013; 78 FR 64175, Oct. 28, 2013; 83 FR 7996, Feb. 23, 2018]
§ 38.400 Core Principle 7. The board of trade shall make available to market authorities, market participants, and the public accurate information concerning: ( a ) The terms and conditions of the contracts of the contract market; and
( b ) ( 1 ) The rules, regulations and mechanisms for executing transactions on or through the facilities of the contract market, and
( 2 ) The rules and specifications describing the operation of the contract market's: ( i ) Electronic matching platform, or
( ii ) Trade execution facility.
§ 120.21 Disclosure of information. ( a ) *Freedom of information.* Subchapter R of this title contains regulations on the availability to the public of information and records of the Department of State. The provisions of subchapter R apply to such disclosures by the Directorate of Defense Trade Controls.
( b ) *Determinations required by law.* Section 38(e) of the Arms Export Control Act (AECA) (22 U.S.C. 2778(e)) provides that information obtained for the purpose of consideration of, or concerning, license applications shall be withheld from public disclosure unless the release of such information is determined by the Secretary of State to be in the national interest. Section 38(e) of the AECA further provides that the names of countries and types and quantities of defense articles for which licenses are issued under this section shall not be withheld from public disclosure unless certain determinations are made that the release of such information would be contrary to the national interest. Such determinations required by section 38(e) shall be made by the Assistant Secretary of State for Political-Military Affairs.
( c ) *Information required under part 130 of this subchapter .* Part 130 contains specific provisions on the disclosure of information described in that part.
( d ) *National interest determinations.* In accordance with section 38(e) of the AECA, the Secretary of State has determined that the following disclosures are in the national interest of the United States: ( 1 ) Furnishing information to foreign governments for law enforcement or regulatory purposes; and
( 2 ) Furnishing information to foreign governments and other agencies of the U.S. Government in the context of multilateral or bilateral export regimes (e.g., the Missile Technology Control Regime, the Australia Group, and Wassenaar Arrangement).
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 14-10644

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

BRANDON DANIELLE COLLIER, also known as Brandon Daniel Collier,

Defendant-Appellant

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 3:13-CR-301

Before DAVIS, CLEMENT, and COSTA, Circuit Judges.

PER CURIAM:*

Brandon Danielle Collier appeals the 77-month sentence imposed on his 

guilty plea conviction for possessing a firearm after a felony conviction. See 18 

U.S.C. §§ 922(g)(1), 924(a)(2). We affirm.

Reviewing for plain error, we reject the contention that the base offense 

level was assigned erroneously because the district court ignored Descamps v. 

United States, 133 S. Ct. 2276 (2013), and impermissibly considered state court 

* 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.

United States Court of Appeals

Fifth Circuit

FILED

May 18, 2015

Lyle W. Cayce

Clerk

 

 Case: 14-10644 Document: 00513045909 Page: 1 Date Filed: 05/18/2015
No. 14-10644

documents to find that Collier had a prior Texas conviction for a controlled 

substance offense. See Puckett v. United States, 556 U.S. 129, 135 (2009). 

Collier’s arguments, if not foreclosed, are at least subject to reasonable dispute. 

See United States v. Teran-Salas, 767 F.3d 453, 459 (5th Cir. 2014), petition for 

cert. filed (Dec. 15, 2014) (No. 14-7593). A claim subject to reasonable dispute 

cannot succeed on plain error review. Puckett, 556 U.S. at 135; United States 

v. Ellis, 564 F.3d 370, 377-78 (5th Cir. 2009).

Reviewing for plain error, we reject also the contention that the district 

court reversibly erred by not reducing Collier’s federal sentence to account for 

time spent in state pretrial custody before the state sentence is imposed. See 

Puckett, 556 U.S. at 135. The Sentencing Guidelines do not authorize a district 

court to grant such a reduction. United States v. Looney, No. 14-10203, 2015 

WL 1534358 (5th Cir. Apr. 7, 2015) (unpublished); see United States v. Ballard, 

444 F.3d 391, 401 & n.7 (5th Cir. 2006). In light of Looney, whether the district 

court committed clear and obvious error is at least subject to reasonable 

dispute, and thus Collier has not shown plain error. See Puckett, 556 U.S. at 

135; Ellis, 564 F.3d at 377-78.

AFFIRMED.

2

 Case: 14-10644 Document: 00513045909 Page: 2 Date Filed: 05/18/2015
Editorial Note on Part 240
Editorial Note: Nomenclature changes to part 240 appear at 57 FR 36501, Aug. 13, 1992, and 57 FR 47409, Oct. 16, 1992.

§ 240.17d-2 Program for allocation of regulatory responsibility. ( a ) Any two or more self-regulatory organizations may file with the Commission within ninety (90) days of the effective date of this rule, and thereafter as changes in designation are necessary or appropriate, a plan for allocating among the self-regulatory organizations the responsibility to receive regulatory reports from persons who are members or participants of more than one of such self-regulatory organizations to examine such persons for compliance, or to enforce compliance by such persons, with specified provisions of the Securities Exchange Act of 1934, the rules and regulations thereunder, and the rules of such self-regulatory organizations, or to carry out other specified regulatory functions with respect to such persons.
( b ) Any plan filed hereunder may contain provisions for the allocation among the parties of expenses reasonably incurred by the self-regulatory organization having regulatory responsibilities under the plan.
( c ) After appropriate notice and opportunity for comment, the Commission may, by written notice, declare such a plan, or any part of the plan, effective if it finds the plan, or any part thereof, necessary or appropriate in the public interest and for the protection of investors, to foster cooperation and coordination among self-regulatory organizations, or to remove impediments to and foster the development of the national market system and a national system for the clearance and settlement of securities transactions and in conformity with the factors set forth in section 17(d) of the Securities Exchange Act of 1934.
( d ) Upon the effectiveness of such a plan or part thereof, any self-regulatory organization which is a party to the plan shall be relieved of responsibility as to any person for whom such responsibility is allocated under the plan to another self-regulatory organization to the extent of such allocation.
( e ) Nothing herein shall preclude any self-regulatory organization from entering into more than one plan filed hereunder.
( f ) After the Commission has declared a plan or part thereof effective pursuant to paragraph (c) of this section or acted pursuant to paragraph (g) of this section, a self-regulatory organization relieved of responsibility may notify customers of, and persons doing business with, such member or participant of the limited nature of its responsibility for such member's or participant's acts, practices, and course of business.
( g ) In the event that plans declared effective pursuant to paragraph (c) of this section do not provide for all members or participants or do not allocate all regulatory responsibilities, the Commission may, after due consideration of the factors enumerated in section 17(d)(1) and notice and opportunity for comment, designate one or more of the self-regulatory organizations responsible for specified regulatory responsibilities with respect to such members or participants.
[41 FR 49093, Nov. 8, 1976]
### NUMBER 13 - 15 - 00088 - CR 

## COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

TRINITY RINGELSTEIN , Appellant,

v. THE STATE OF TEXAS, Appellee.

On appeal from the 148 th District Court of Nueces County, Texas.



## ORDER OF ABATEMENT
Before Chief Justice Valdez and Justices Rodriguez and Perkes Order Per Curiam

The Honorable Dante Dominguez , retained counsel for appellant, Trinity Ringelstein , has filed a motion to withdraw as counsel in this cause. According to the motion, counsel requests to withdraw as counsel so that experienced, learned counsel may be assigned for the appellant

. Because it is unknown whether appellant is entitled to appointed counsel on appeal, we ABATE and REMAND this cause as follows.2

Upon remand, the trial court shall utilize whatever means necessary to make appropriate findings and recommendations concerning the following: (1) whether appellant desires to prosecute this appeal; (2) whether appellant has been denied effective assistance of counsel; and (3) whether appellant is indigent and entitled to

court

- appointed counsel. If the trial court determines that appellant does want to continue the appeal and that appellant is indigent and entitled to court

- appointed counsel, the trial court sh all appoint new counsel to represent appellant in this appeal. If new counsel is appointed, the name, address, telephone number, and state bar number of said counsel shall be included in an order appointing counsel. The trial court shall cause its finding s and recommendations, together with any orders it may enter regarding the aforementioned issues, to be included in a supplemental clerk's record. Furthermore, the trial court shall cause a supplemental reporter's record of any proceedings to be prepared. The supplemental clerk's record and supplemental reporter's record, if any, shall be filed with the Clerk of this Court on or before the expiration of thirty days from the date of this order. It is so ORDERED. PER CURIAM Do not publish. T EX

. R. A PP

. P. 47.2(b).
D elivered and filed this the 2 nd day of December, 2015

.
### §286c. Purpose, establishment, functions, and funding of National Center for Biotechnology Information

#### (a) Establishment

In order to focus and expand the collection, storage, retrieval, and dissemination of the results of biotechnology research by information systems, and to support and enhance the development of new information technologies to aid in the understanding of the molecular processes that control health and disease, there is established the National Center for Biotechnology Information (hereinafter in this section referred to as the "Center") in the National Library of Medicine.

#### (b) Functions

The Secretary, through the Center and subject to section 286(d) of this title, shall—

(1) design, develop, implement, and manage automated systems for the collection, storage, retrieval, analysis, and dissemination of knowledge concerning human molecular biology, biochemistry, and genetics;

(2) perform research into advanced methods of computer-based information processing capable of representing and analyzing the vast number of biologically important molecules and compounds;

(3) enable persons engaged in biotechnology research and medical care to use systems developed under paragraph (1) and methods described in paragraph (2); and

(4) coordinate, as much as is practicable, efforts to gather biotechnology information on an international basis.

(July 1, 1944, ch. 373, title IV, §478, as added Pub. L. 100–607, title I, §105, Nov. 4, 1988, 102 Stat. 3052; amended Pub. L. 103–43, title XIV, §1402(b), June 10, 1993, 107 Stat. 171.)

#### **Editorial Notes**

#### Amendments

1993—Subsec. (c). Pub. L. 103–43 struck out subsec. (c) which read as follows: "For the purpose of performing the duties specified in subsection (b) of this section, there are authorized to be appropriated $8,000,000 for fiscal year 1989 and such sums as may be necessary for fiscal year 1990. Funds appropriated under this subsection shall remain available until expended."
```

                                                                    EXHIBIT 32.2

                  CERTIFICATION OF THE 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 CepTor  Corporation,  (the
"Company")  on Form  10-QSB for the year ended  March 31, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"),  I, Donald
W. Fallon, Chief Financial Officer of the Company,  certify, pursuant to 18 U.S.
C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that, to my knowledge:

(1)  The Report fully complies with the requirements of Section 13 (a) of 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.

May 16, 2005

                                /s/ Donald W. Fallon
                                ----------------------------------------
                                Donald W. Fallon
                                Chief Financial Officer, Senior Vice President,
                                Finance and Administration and Secretary
```