alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

for the Fifth Circuit ____________

No. 22-50902

Summary Calendar

____________

United States of America, 

Plaintiff—Appellee,

versus

Everardo Joe Flores-Salcido, 

Defendant—Appellant,

consolidated with

_____________

No. 22-50903

_____________

United States of America, 

Plaintiff—Appellee,

versus

Everado Flores-Salcido, 

Defendant—Appellant.

______________________________

Appeals from the United States District Court 

for the Western District of Texas

United States Court of Appeals

Fifth Circuit

FILED

May 4, 2023

Lyle W. Cayce

Clerk

Case: 22-50902 Document: 00516738924 Page: 1 Date Filed: 05/04/2023
2

USDC Nos. 4:19-CR-186-1, 

4:22-CR-343-1

______________________________

Before Higginbotham, Graves, and Ho, Circuit Judges.

Per Curiam:*

Everado Joe Flores-Salcido’s appeal of the six-month sentence of 

imprisonment imposed following his guilty plea conviction for illegal reentry 

after deportation from the United States has been consolidated with his 

appeal of the judgment revoking the term of supervised release he was serving 

at the time of the offense. Because his appellate brief does not address the 

revocation or the revocation sentence, he abandons any challenge to that 

judgment. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993). 

Flores-Salcido challenges the district court’s application of the 

enhanced penalty range in § 1326(b) as unconstitutional because it permits a 

defendant to be sentenced above the statutory maximum of § 1326(a) based 

on the fact of a prior conviction that was not alleged in the indictment or 

found by a jury beyond a reasonable doubt. He raises the issue to preserve it 

for further review and has filed an unopposed motion for summary 

disposition, correctly conceding that it is foreclosed by Almendarez-Torres v. 

United States, 523 U.S. 224 (1998). See United States v. Pervis, 937 F.3d 546, 

553-54 (5th Cir. 2019).

Because summary disposition is appropriate, see Groendyke Transp., 

Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), Flores-Salcido’s motion is 

GRANTED, and the district court’s judgment is AFFIRMED. 

_____________________

* This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 22-50902 Document: 00516738924 Page: 2 Date Filed: 05/04/2023
#### Frank Hennessy, as Executor of Grace Simmons, Deceased, v. 18 Minerva Place, Inc.

Motion to dismiss appeal granted, with $10 costs, unless the appellant procures the record on appeal and appellant’s points to be served and filed on or before May 3, 1962, with notice of argument for May 15, 1962, said appeal to be argued or submitted when reached. Concur — Botein, P. J., Rabin, Valente, Stevens and Eager, JJ.
#### § 213.12 Interest, penalties, and administrative costs pending consideration of debt waiver or review.

Interest, penalties, and administrative costs will continue to accrue on a debt during a review by USAID and during a waiver of indebtedness consideration by the Agency; except that USAID will not assess interest, penalties, and administrative costs where a statute or a regulation specifically prohibits the collection of the debt during the period of the Agency's review or consideration of a debt waiver.

[86 FR 31142, June 11, 2021]
### §3057h. Eligibility

A public or nonprofit private organization having the capacity to provide services under this part for Native Hawaiians is eligible for assistance under this part only if—

(1) the organization will serve at least 50 individuals who have attained 60 years of age or older; and

(2) the organization demonstrates the ability to deliver supportive services, including nutrition services.

(Pub. L. 89–73, title VI, §622, as added Pub. L. 100–175, title I, §171, Nov. 29, 1987, 101 Stat. 961.)

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

#### Effective Date

Section effective Oct. 1, 1987, except not applicable with respect to any area plan submitted under section 3026(a) of this title or any State plan submitted under section 3027(a) of this title and approved for any fiscal year beginning before Nov. 29, 1987, see section 701(a), (b) of Pub. L. 100–175, set out as an Effective Date of 1987 Amendment note under section 3001 of this title.
### §300i–3. Contaminant prevention, detection and response

#### (a) In general

The Administrator, in consultation with the Centers for Disease Control and, after consultation with appropriate departments and agencies of the Federal Government and with State and local governments, shall review (or enter into contracts or cooperative agreements to provide for a review of) current and future methods to prevent, detect and respond to the intentional introduction of chemical, biological or radiological contaminants into community water systems and source water for community water systems, including each of the following:

(1) Methods, means and equipment, including real time monitoring systems, designed to monitor and detect various levels of chemical, biological, and radiological contaminants or indicators of contaminants and reduce the likelihood that such contaminants can be successfully introduced into public water systems and source water intended to be used for drinking water.

(2) Methods and means to provide sufficient notice to operators of public water systems, and individuals served by such systems, of the introduction of chemical, biological or radiological contaminants and the possible effect of such introduction on public health and the safety and supply of drinking water.

(3) Methods and means for developing educational and awareness programs for community water systems.

(4) Procedures and equipment necessary to prevent the flow of contaminated drinking water to individuals served by public water systems.

(5) Methods, means, and equipment which could negate or mitigate deleterious effects on public health and the safety and supply caused by the introduction of contaminants into water intended to be used for drinking water, including an examination of the effectiveness of various drinking water technologies in removing, inactivating, or neutralizing biological, chemical, and radiological contaminants.

(6) Biomedical research into the short-term and long-term impact on public health of various chemical, biological and radiological contaminants that may be introduced into public water systems through terrorist or other intentional acts.

#### (b) Funding

For the authorization of appropriations to carry out this section, see section 300i–4(e) of this title.

(July 1, 1944, ch. 373, title XIV, §1434, as added Pub. L. 107–188, title IV, §402, June 12, 2002, 116 Stat. 685.)

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

#### Change of Name

Centers for Disease Control changed to Centers for Disease Control and Prevention by Pub. L. 102–531, title III, §312, Oct. 27, 1992, 106 Stat. 3504.
## Unmonitored Area Analysis

Intro duction This section do cuments the results of the unmonitored area analysis for the Philadelphia Nonattainment Area. The purp ose of this pro cedure is to insure that there are no predicted violations of ambient air qualit y standards in suc h areas. This analysis w as prepared in accordance with section 3.4 of the EPA’s **Guidanc e**  **on the**  **Use of**  **Mo dels**  **and Other**  **A nalyses**  **for Demonstr**  **ating A**  **ttainment of**  **A ir**  **Quality go**  **als for**  **Ozone, PM** 2.5 **, and**  **R e**  **gional Haze** 
. 1 

### Metho dology F or the purp oses of this analysis, the “unmonitored area” includes all counties within the Philadelphia Nonattainment area and all counties b ordering that area. 2 See Figure 1 on page 2. The baseline data for this analysis is the ozone mo del data 2002 BaseB1 full.csv dataset, whic h contains the daily maximum 8-hour ozone concentrations, for eac h grid cell in the mo deling domain, simulated by CMA Q for Ma y 15–Septemb er 29 using 2002 BaseB1 emissions data. The pro jected data uses the ozone mo del data 2009 BaseB4 full.csv dataset, whic h contains the for the 2009 BaseB4 BOTB/BOTW scenario data for the same p erio d. Both of these datasets were generated by the New Y ork DEC using the SMOKE/CMA Q mo deling system with MM5 meteorology
. 3 Pro cessing of the data w as done with MA TS version 1.1.043 (F

ebruary 2007). This involved four steps 4 : 1. Interp olating the base year ambient data to the spatial fields. 2. Adjusting the spatial fields using the base year gridded mo del output gradients. 3. Applying the gridded mo del Relative Resp onse V alues to the gradient adjusted spatial fields. 4. Determining if any unmonitored areas exceed the National Ambient Air Qualit y Standard (NAA QS). 1 US EPA, Guidanc e on the Use of Mo dels and Other A nalyses for Demonstr ating A ttainment of A ir Quality go als for Ozone, PM 2.5 , and R e

gional Haze, Dr

aft 3.2 , pp. 28–31 (Sept., 2006). 2 Id. 3 Se e gener

al ly: NY DEC, CMA Q Mo del Performanc e Assessment, 8-Hr OTC Mo deling, TSD-1e , (F eb., 2006). 4 US EPA 2006, at 29.
1

### Results

As Figure 2 on page 3 shows, no grid cells in this analysis were predicted to exceed the 0.08ppm NAA QS for 8-hr ozone.

Figure 1: Counties consided in the analysis.

2Figure 2: Predicted ozone design values.

3
### §300t–11. Grants and assistance for establishment of program

The Secretary shall, by April 1, 1980, establish a program under which—

(1) grants and technical assistance may be provided to hospitals in operation on October 4, 1979, (A) for the discontinuance of unneeded hospital services, and (B) for the conversion of unneeded hospital services to other health services needed by the community; and

(2) grants may be provided to State Agencies designated under section 300m(b)(3) 1 of this title for reducing excesses in resources and facilities of hospitals.

(July 1, 1944, ch. 373, title XVI, §1641, as added Pub. L. 96–79, title III, §301(a), Oct. 4, 1979, 93 Stat. 636.)

#### **Editorial Notes**

#### References in Text

Section 300m of this title, referred to in par. (2), was in the original a reference to section 1521 of act July 1, 1944, which was repealed effective Jan. 1, 1987, by Pub. L. 99–660, title VII, §701(a), Nov. 14, 1986, 100 Stat. 3799. Pub. L. 101–354, §2, Aug. 10, 1990, 104 Stat. 410, enacted section 1503 of act July 1, 1944, which is classified to section 300m of this title.

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

#### Unneeded Hospital Services; Study and Report of Effect of Elimination

Section 302 of Pub. L. 96–79, as amended by Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat. 695, which provided that the Secretary of Health and Human Services conduct a study of the effect on the elimination of unneeded hospital services made during the two fiscal year period ending Sept. 30, 1981, by the program authorized by this part, and not later than Jan. 1, 1982, report the results of the study to Congress, was repealed by Pub. L. 97–414, §9(h), Jan. 4, 1983, 96 Stat. 2064.

1 See References in Text note below.
§ 255.16 Ownership of interests in and sponsorship of issuers of certain collateralized debt obligations backed by trust-preferred securities. ( a ) The prohibition contained in § 255.10(a)(1) does not apply to the ownership by a banking entity of an interest in, or sponsorship of, any issuer if: ( 1 ) The issuer was established, and the interest was issued, before May 19, 2010;
( 2 ) The banking entity reasonably believes that the offering proceeds received by the issuer were invested primarily in Qualifying TruPS Collateral; and
( 3 ) The banking entity acquired such interest on or before December 10, 2013 (or acquired such interest in connection with a merger with or acquisition of a banking entity that acquired the interest on or before December 10, 2013).
( b ) For purposes of this § 255.16, *Qualifying TruPS Collateral* shall mean any trust preferred security or subordinated debt instrument issued prior to May 19, 2010 by a depository institution holding company that, as of the end of any reporting period within 12 months immediately preceding the issuance of such trust preferred security or subordinated debt instrument, had total consolidated assets of less than $15,000,000,000 or issued prior to May 19, 2010 by a mutual holding company.
( c ) Notwithstanding paragraph (a)(3) of this section, a banking entity may act as a market maker with respect to the interests of an issuer described in paragraph (a) of this section in accordance with the applicable provisions of §§ 255.4 and 255.11.
( d ) Without limiting the applicability of paragraph (a) of this section, the Board, the FDIC and the OCC will make public a non-exclusive list of issuers that meet the requirements of paragraph (a). A banking entity may rely on the list published by the Board, the FDIC and the OCC.
[79 FR 5228, Jan. 31, 2014]
[Federal Register Volume 69, Number 243 (Monday, December 20, 2004)]
[Notices]
[Page 76009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27804]


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

INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-1073 (Final)]


Certain Circular Welded Carbon Quality Line Pipe From China

AGENCY: United States International Trade Commission.

ACTION: Notice of termination of antidumping duty investigation.

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

SUMMARY: On December 14, 2004, the U.S. Department of Commerce notified 
the Commission of the termination of its antidumping duty investigation 
on certain circular welded carbon quality line pipe from China. 
Accordingly, the Commission gives notice that its antidumping duty 
investigation concerning such line pipe from China (Investigation No. 
731-TA-1073 (Final)) is terminated.

EFFECTIVE DATE: December 14, 2004.

FOR FURTHER INFORMATION CONTACT: Fred Ruggles (202) 205-3187 or via e-
mail <a href="/cdn-cgi/l/email-protection#c4a2b6a1a0eab6b1a3a3a8a1b784b1b7adb0a7eaa3abb2"><span class="__cf_email__" data-cfemail="02647067662c707765656e67714277716b76612c656d74">[email protected]</span></a>), Office of Investigations, U.S. 
International Trade Commission, 500 E Street, SW., Washington, DC 
20436. Hearing-impaired persons can obtain information on this matter 
by contacting the Commission's TDD terminal on (202) 205-1810. Persons 
with mobility impairments who will need special assistance in gaining 
access to the Commission should contact the Office of the Secretary at 
(202) 205-2000. General information concerning the Commission may also 
be obtained by accessing its Internet server (http://www.usitc.gov). 
The public record for these investigations may be viewed on the 
Commission's electronic docket (EDIS) at http://edis.usitc.gov.

    By order of the Commission.

    Issued: December 15, 2004.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-27804 Filed 12-17-04; 8:45 am]
BILLING CODE 7020-02-P


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</html>
### §300gg–14. Extension of dependent coverage

#### (a) In general

A group health plan and a health insurance issuer offering group or individual health insurance coverage that provides dependent coverage of children shall continue to make such coverage available for an adult child until the child turns 26 years of age. Nothing in this section shall require a health plan or a health insurance issuer described in the preceding sentence to make coverage available for a child of a child receiving dependent coverage.

#### (b) Regulations

The Secretary shall promulgate regulations to define the dependents to which coverage shall be made available under subsection (a).

#### (c) Rule of construction

Nothing in this section shall be construed to modify the definition of "dependent" as used in title 26 with respect to the tax treatment of the cost of coverage.

(July 1, 1944, ch. 373, title XXVII, §2714, as added Pub. L. 111–148, title I, §1001(5), Mar. 23, 2010, 124 Stat. 132; amended Pub. L. 111–152, title II, §2301(b), Mar. 30, 2010, 124 Stat. 1082.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 2714 of act July 1, 1944, was successively renumbered by subsequent acts and transferred, see section 238m of this title.

#### Amendments

2010—Subsec. (a). Pub. L. 111–152 struck out "(who is not married)" after "adult child".

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

#### Effective Date

Section effective for plan years beginning on or after the date that is 6 months after Mar. 23, 2010, see section 1004 of Pub. L. 111–148, set out as a note under section 300gg–11 of this title.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ANDREW STEVEN STRONG,

Plaintiff

- Appellant,

v.

KYLE PETTENGELL, Tempe Police Officer #20942,

Defendant

- Appellee. No. 19

- 15249

D.C. No. 2:18

- cv

- 03137

- DLR

- JZB

MEMORANDUM *

Appeal from the United States District Court

for the District of Arizona Douglas L. Rayes, District Judge, Presiding

Submitted June 2, 2020 * *

Before: LEAVY, PAEZ, and BENNET T , Circuit Judges

.

Andrew Steven Strong appeals from the district court’s judgment dismissing

his 42 U.S.C. § 1983 action alleging an excessive force claim . We have

jurisdiction under 28 U.S.C. § 1 2 91. We review de novo the district court’s

dismissal under 28 U.S.C. § 1915A. Res nick v. Hayes , 213 F.3d 443, 447 (9th Cir.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

JUN 9 2020

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 19

- 15249

2000). We vacate and remand

.

The district court dismissed Strong’s action after finding that success on

Strong’s excessive force claim would necessarily impl y the invalidity of his

conviction for resisting arre st

, relying on Heck v. Humphrey , 512 U.S. 477 ( 199 4)

,

and taking judicial notice of the fact that Strong pled guilty to resisting arrest with

physical force . However, it is not clear from the face of the complaint or the fact

of his guilty plea that his e xcessive force claim would necessarily call into question

the validity of his conviction , because the specific factual basis for his guilty plea

is not in the record

. See Reese v. County of Sacramento

, 888 F.3d 1030, 1046 (9th

Cir. 2018) ( holding that without the specific factual basis for plaintiff’s prior

conviction for drawing, exhibiting, or using a firearm or deadly weapon , the court

could not determine if plaintiff’s excessive force claim would call into question the

validity of the c onviction) ; Hooper v. City of San Diego , 629 F.3d 1127, 1133

- 34

(9th Cir. 2011) ( explaining that a plaintiff’s claim that an arresting officer used

excessive force may coexist with a conviction for resisting a lawful arrest , when

the conviction and the exc essive force claim are based on different actions )

. We

vacate the district court’s judgment and remand for further proceedings.

VACAT ED AND REMANDED

.
### §285l–5. Application

#### (a) Application

Sections 285l–2 to 285l–5 of this title shall not apply to research, including research performed using biotechnology techniques, or research related to the causes, diagnosis, treatment, control, or prevention of physical or mental diseases or impairments of humans or animals.

#### (b) Use of test methods

Nothing in sections 285l–2 to 285l–5 of this title shall prevent a Federal agency from retaining final authority for incorporating the test methods recommended by the ICCVAM in the manner determined to be appropriate by such Federal agency or regulatory body.

#### (c) Limitation

Nothing in sections 285l–2 to 285l–5 of this title shall be construed to require a manufacturer that is currently not required to perform animal testing to perform such tests. Nothing in sections 285l–2 to 285l–5 of this title shall be construed to require a manufacturer to perform redundant endpoint specific testing.

#### (d) Submission of tests and data

Nothing in sections 285l–2 to 285l–5 of this title precludes a party from submitting a test method or scientific data directly to a Federal agency for use in a regulatory program.

(Pub. L. 106–545, §5, Dec. 19, 2000, 114 Stat. 2724.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of the ICCVAM Authorization Act of 2000, and not as part of the Public Health Service Act which comprises this chapter.
§ 225.114 Cooperative Research. ( a ) Cooperative research projects are those projects covered by this policy that involve more than one institution. In the conduct of cooperative research projects, each institution is responsible for safeguarding the rights and welfare of human subjects and for complying with this policy.
( b ) ( 1 ) Any institution located in the United States that is engaged in cooperative research must rely upon approval by a single IRB for that portion of the research that is conducted in the United States. The reviewing IRB will be identified by the Federal department or agency supporting or conducting the research or proposed by the lead institution subject to the acceptance of the Federal department or agency supporting the research.
( 2 ) The following research is not subject to this provision: ( i ) Cooperative research for which more than single IRB review is required by law (including tribal law passed by the official governing body of an American Indian or Alaska Native tribe); or
( ii ) Research for which any Federal department or agency supporting or conducting the research determines and documents that the use of a single IRB is not appropriate for the particular context.
( c ) For research not subject to paragraph (b) of this section, an institution participating in a cooperative project may enter into a joint review arrangement, rely on the review of another IRB, or make similar arrangements for avoiding duplication of effort.
#### § 231.13 Change in agreements.

No Noteholder will consent to any change or waiver of any provision of any document contemplated by this Guarantee without the prior written consent of USAID.
MPD

IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 20-0430

IN THE MATTER OF:

V.K.B.,

Respondent and Appellant.

ORDER

Upon consideration of Appellee’s motion for a 30-day extension of time, and

good cause appearing therefor, 

IT IS HEREBY ORDERED that Appellee is granted an extension of time to 

and including January 11, 2022, within which to prepare, serve, and file its 

response brief.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

November 30 2021

11/30/2021

Case Number: DA 20-0430