alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# United States Court **of Appeals**  **f or the Fifth Circuit** 

No. 21

- 51106 **consolidated with** No. 21

- 51132

**United States of America,** Plaintiff

— Appellee **,**

versus **Victor Manuel Almejo**

**- Gradilla,**  Defendant

— Appellant

**.**

Appeal s from the United States District Court for the Western District of Texas USDC No. 4:21

- CR

- 741

- 1 USDC No. 4:21

- CR

- 538

- 1

Before **King, Higginson**  **,** and **Willett ,**  Circuit Judges

**. Per Curiam**  **:** * Victor Manuel Almejo

- Gradilla pleaded guilty to illegal re entry in violation of 8 U.S.C. § 132 6, and the district court sentenced him to twenty

four months of imprisonment and three years of supervised release. Almejo

-

* Pursuant to **5th Cir cuit**  **R ule**  47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in **5th Cir cuit**  **R ule**  47.5.4. United States Court of Appeals Fifth Circuit 

### FILED August 8, 2022 Lyle W. Cayce Clerk Case: 21-51106 Document: 00516423513 Page: 1 Date Filed: 08/08/2022No. 21

- 51106 c/w No. 21

- 51132

2 Gradilla’s sole challenge on appeal argues the district court plainly erred by imposing a condition of supervised release that imper missibly delegates judicial authority. 1 Critically, however, t he United States has filed an unopposed motion for summary affirmance that suggests this argument is foreclosed by United States v. Mejia

- Banegas , 32 F.4th 450 (5th Cir. 2022).
The United State s is correct

. Mejia

- Banegas rejected the exact argument urged by Almejo

- Gradilla

. Id. at 451

– 52. In no uncertain terms, we stated that “[t]he risk

- notification condition does not impermissibly delegate the court ’s judicial authority to the probation officer. ” Id. at 452 . Our holding in Mejia

- Banegas thus carries equal force here: “ the district court did not err, much less plainly so, by imposing the risk

- notification condition .” Id. Because summary disposition is a ppropriate, see Groendyke Transp., Inc. v. Davis , 406 F.2d 1158, 1162 (5th Cir. 1969 ), the United States’ motion for summary affirmance is **GRANTED** , the United States’ alternative motion for an extension of time to file a brief is **DENIED** , and the district

c ourt’s judgment s 2 are **AFFIRMED**

.

1 Specifically, the challenged condition (also known as “Standard Condition 12”) allo ws the probation officer to determine whether Almejo

- Gradilla poses a risk to another person and, if so, require notification to that person. See generally **U.S. Sent’g Guidelines Manual**  § 5D1.3(c)(12).

2 The consolidated appeal is from an order revoking an other term of supervised release and imposing concurrent terms of imprisonment. But Almejo

- Gradilla has not briefed (and therefore abandoned) any challenge to this judgment. S ee

, e.g. , Yohey v. Collins , 985 F.2d 222, 224

– 25 (5th Cir. 1993); see also, e.g. , Clarkson v. Vannoy , No. 16

- 31098, 2017 WL 6947729, at *1 (5th Cir. Aug. 2, 2017). No discussion of this issue is therefore merited. Case: 21-51106 Document: 00516423513 Page: 2 Date Filed: 08/08/2022
###### 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.

#### § 249.619 Form TA-Y2K, information required of transfer agents pursuant to section 17 of the Securities Exchange Act of 1934 and § 240.17Ad-18 of this chapter.

This form shall be used by every registered transfer agent required to file reports under § 240.17Ad-18 of this chapter.

[63 FR 37694, July 13, 1998]

###### Editorial Note

#### Editorial Note:

For Federal Register citations affecting Form TA-Y2K, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at *www.govinfo.gov.*
#### § 233.13 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.
#### § 17.6 Ordinary and necessary living expenses.

An individual's ordinary and necessary living expenses include rent, mortgage payments, utilities, maintenance, food, clothing, insurance (life, health and accident), taxes, installment payments, medical expenses, support expenses when the individual is legally responsible, and other miscellaneous expenses which the individual can establish as being ordinary and necessary.
#### Herman J. Stern et al., Appellants, v. State of New York, Respondent.

(Claim Nos. 33227-33232.)

—Appeal by claimants from an order of the Court of Claims denying a motion to vacate orders dismissing the claims for failure to prosecute. The claims sought to recover damages sustained when an automobile, skidded on a State highway on June 13, 1953. The claims were filed June 10, 1955, nearly a year after the filing of notice of intention. As far as appears no attempt to try the claims was ever made by claimants. On June 1, 1959 the claims appeared on Calendar call. Claimants advised the court they were ready to go to trial any time after June 15. On June 15 claimants’ counsel was notified that the cases were set down for trial on June 17. Counsel contended that because of another court engagement from June 2 to June 9 he could not marshal his witnesses by June 17. The court thereupon dismissed the claims pursuant to the authority of rule 7 of the Court of Claims. Six years had elapsed since the date of the accident and four years since the claims were filed. Claimants’ counsel not only had notice that the claims were on the calendar for trial but actually agreed to a trial any time after June 15, 1959. When the claims were set down definitely for- trial on June 17 counsel pleaded that he *586could not be ready. There is no sound excuse for such delay. If the Judge presiding over any court is to operate the court efficiently he must have a strong control over the calendar of eases. The Court of Claims had authority to dismiss the claims. The orders were discretionary. Under the circumstances here it would be ridiculous to say that the discretion was abused. Order unanimously affirmed, without costs. Present — Bergan, P. J., Coon, Gibson, Herlihy and Reynolds, JJ.
#### In the Matter of Vanessa G., an Infant. Orleans County Department of Social Services, Respondent; Bennie C., Appellant.

(Appeal No. 1.)

[716 NYS2d 632]

—Order unanimously affirmed without costs. Memorandum: Contrary to the contention of respondent, Family Court’s determination that he sexually abused his daughter Vanessa is supported by a preponderance of the evidence (see, Family Ct Act § 1046 [b] [1]; *Matter of Tammie Z.,*66 NY2d 1, 3). The court’s determination is entitled to great weight and should not be disturbed unless it is clearly unsupported by the record (see, *Matter of Commissioner of Social Servs. of City of N. Y. [Shevonne S.],*188 AD2d 528, 529), particularly where, as here, “no physical evidence of abuse exists and the case turns on questions of credibility” *(Matter of Orange County Dept. of Social Servs.,*215 AD2d 562, 563). Under the circumstances, the court properly determined that respondent’s five other children named in the petition are neglected children *(see, Matter of Jessica N.,*234 AD2d 970, 972, *appeal dismissed*90 NY2d 1008). (Appeal from Order of Orleans County Family Court, Punch, J. — Abuse.) Present — Green, J. P., Pine, Hayes, Scudder and Lawton, JJ.
**Exhibit 15**

August 8, 2005

Securities and Exchange Commission100 F Street N.E.Washington, D.C. 20549

We are aware that Monster Worldwide, Inc. has incorporated byreference in its Registration Statements on Form S-3 and S-8(Nos. 333-81843, 333-63631, 333-50699, 333-18937, 333-63499,333-88193, 333-75031, 333-93065, 333-70795, 333-83131,333-96101, 333-61400, 333-71062, 333-109598, 333-115007,333-116004 and 333-124134) our report dated July 26, 2005,relating to the Company’s unaudited interim consolidated financial statementsappearing in its quarterly report on Form 10-Q for the quarter endedJune 30, 2005. Pursuant to Regulation C under the Securities Act of1933 (the “Act”), that report is not considered a part of the registrationstatement prepared or certified by our firm or a report prepared or certifiedby our firm within the meaning of Sections 7 and 11 of the Act. It should benoted that we have not performed any procedures subsequent to July 26,2005.

BDO Seidman, LLPNew York, NY

----
### §3133. Coordination

#### (a) In general

The Secretary shall coordinate activities relating to the preparation and implementation of comprehensive economic development strategies under this chapter with Federal agencies carrying out other Federal programs, States, economic development districts, Indian tribes, and other appropriate planning and development organizations.

#### (b) Meetings

To carry out subsection (a), or for any other purpose relating to economic development activities, the Secretary may convene meetings with Federal agencies, State and local governments, economic development districts, Indian tribes, and other appropriate planning and development organizations.

(Pub. L. 89–136, title I, §103, as added Pub. L. 105–393, title I, §102(a), Nov. 13, 1998, 112 Stat. 3601; amended Pub. L. 108–373, title I, §104, Oct. 27, 2004, 118 Stat. 1759.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 3133, Pub. L. 89–136, title I, §103, Aug. 26, 1965, 79 Stat. 554, set limitation on funds which could be expended in any one State, prior to repeal by Pub. L. 105–393, §102(a).

A prior section 3134, Pub. L. 89–136, title I, §104, Aug. 26, 1965, 79 Stat. 554, related to the ineligibility of Appalachian region projects for appropriations under this subchapter, prior to repeal by Pub. L. 94–188, title I, §123, Dec. 31, 1975, 89 Stat. 1086.

Prior sections 3135 to 3137 were repealed by Pub. L. 105–393, §102(a).

Section 3135, Pub. L. 89–136, title I, §105, Aug. 26, 1965, 79 Stat. 554; Pub. L. 91–123, title III, §301(2), Nov. 25, 1969, 83 Stat. 219; Pub. L. 91–304, §1(a), July 6, 1970, 84 Stat. 375; Pub. L. 92–65, title I, §103, Aug. 5, 1971, 85 Stat. 166; Pub. L. 93–46, §1, June 18, 1973, 87 Stat. 96; Pub. L. 93–423, §1, Sept. 27, 1974, 88 Stat. 1158; Pub. L. 94–487, title I, §105, Oct. 12, 1976, 90 Stat. 2331; Pub. L. 96–506, §1(2), Dec. 8, 1980, 94 Stat. 2745; Pub. L. 97–35, title XVIII, §1821(a)(1), Aug. 13, 1981, 95 Stat. 766, authorized appropriations to carry out this subchapter from fiscal year ending June 30, 1966, to fiscal year ending Sept. 30, 1982.

Section 3136, Pub. L. 89–136, title I, §106, Aug. 26, 1965, 79 Stat. 554; 1966 Reorg. Plan No. 2, §1(h)(3), eff. May 10, 1966, 31 F.R. 6857, 80 Stat. 1608; 1970 Reorg. Plan No. 3, §2(a)(1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2087, conditioned use of financial assistance for sewer or other waste disposal facilities upon certification by Administrator of Environmental Protection Agency.

Section 3137, Pub. L. 89–136, title I, §107, as added Pub. L. 94–487, title I, §106, Oct. 12, 1976, 90 Stat. 2332, authorized increase in amount of grant for construction cost increases after grant had been made.

#### Amendments

2004—Pub. L. 108–373 designated existing provisions as subsec. (a), inserted heading, inserted "Indian tribes," after "districts,", and added subsec. (b).

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

#### Effective Date

Section effective Feb. 11, 1999, see section 105 of Pub. L. 105–393, set out as a note under section 3121 of this title.
### §4273. Membership of Commission; appointment of members; term

#### (a) Number of members; appointment; qualifications

The Commission shall be composed of twenty-six members, as follows:

(1) Six appointed by the President of the United States, three of whom shall be officers of the executive branch of the Government, and three private citizens, all of whom shall have had experience or familiarity with relations between the levels of government;

(2) Three appointed by the President of the Senate, who shall be Members of the Senate;

(3) Three appointed by the Speaker of the House of Representatives, who shall be Members of the House;

(4) Four appointed by the President from a panel of at least eight Governors submitted by the Governors' Conference;

(5) Three appointed by the President from a panel of at least six members of State legislative bodies submitted by the board of managers of the Council of State Governments;

(6) Four appointed by the President from a panel of at least eight mayors submitted jointly by the National League of Cities and the United States Conference of Mayors; and

(7) Three appointed by the President from a panel of at least six elected county officers submitted by the National Association of Counties.

#### (b) Political and geographical composition

The members appointed from private life under paragraph (1) of subsection (a) shall be appointed without regard to political affiliation; of each class of members enumerated in paragraphs (2) and (3) of subsection (a), two shall be from the majority party of the respective houses; of each class of members enumerated in paragraphs (4), (5), (6), and (7) of subsection (a), not more than two shall be from any one political party; of each class of members enumerated in paragraphs (5), (6) and (7) of subsection (a), not more than one shall be from any one State; at least two of the appointees under paragraph (6) of subsection (a) shall be from cities under five hundred thousand population.

#### (c) Term of office; reappointment; period of service

The term of office of each member of the Commission shall be two years; members shall be eligible for reappointment; and, except as provided in section 4274(d) of this title, members shall serve until their successors are appointed.

(Pub. L. 86–380, §3, Sept. 24, 1959, 73 Stat. 704; Pub. L. 89–733, §§1, 2, Nov. 2, 1966, 80 Stat. 1162.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 2373 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, §1, Sept. 6, 1966, 80 Stat. 378.

#### Amendments

1966—Subsec. (a)(6). Pub. L. 89–733, §1, substituted "National League of Cities" for "American Municipal Association".

Subsec. (a)(7). Pub. L. 89–733, §1, substituted "National Association of Counties" for "National Association of County Officials".

Subsec. (c). Pub. L. 89–733, §2, inserted provision that members shall serve until their successors are appointed, except as provided in section 4274(d) of this title.
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NASA LogoNTRSNTRS - NASA Technical Reports ServerSearchmore_vertCollectionsAboutNewsHelpLogin Back to ResultsInterference Mitigation Using Cyclic Autocorrelation and Multi-Objective OptimizationRadio frequency interference on space-to-ground communications links can degrade performance and disrupt the transfer of critical data. These interference events become increasingly likely as more users enter the spectrum, due in part to shared spectrum allocations and scheduling conflicts. If this interference could be detected and mitigated by an automated system, then link performance and reliability in these scenarios could be improved. This report describes the implementation and evaluation of an automated interference mitigation system that provides this functionality. The system uses Cyclic Autocorrelation (CAC) signal processing techniques to monitor the spectrum and detect interfering signals, and it applies a multi-objective optimization approach to mitigate interference by changing link parameters to continuously optimize the link. The implementation was evaluated to characterize its signal detection capabilities for various link qualities and to compare its link management performance to Adaptive Coding and Modulation (ACM) and Constant Coding and Modulation (CCM) when in the presence of randomized interference. In the latter evaluation, the interference mitigation system achieved the highest average throughput in each tested scenario. With these results, the proposed solution provides the groundwork for further automated link management capabilities and continued investigation into interference mitigation approaches.Document ID20190027051Acquisition SourceGlenn Research CenterDocument TypeTechnical Memorandum (TM)AuthorsKoch, Mick V.*(NASA Glenn Research Center Cleveland, OH, United States)*Downey, Joseph A.*(NASA Glenn Research Center Cleveland, OH, United States)*Date AcquiredJuly 8, 2019Publication DateJuly 1, 2019Subject CategorySpace Communications, Spacecraft Communications, Command And TrackingReport/Patent NumberGRC-E-DAA-TN67798NASA/TM—2019-220226E-19710Funding Number(s)WBS: 553323.04.10.09.01.01Distribution LimitsPublicCopyrightWork of the US Gov. Public Use Permitted.Technical ReviewSingle ExpertKeywordsInterference mitigationSignal processingAvailable DownloadsNameType20190027051.pdfSTIcloud_downloadcontent_copyvisibilityRelated RecordsThere are no records associated with this record.visibility_offNo Preview Available
 No Fear Act | Freedom of Information Act | Office of the Inspector General | Agency Financial ReportsNASA Web Privacy Policy and Important Notices | NASA Guidelines for Quality of InformationDisclaimers, Copyright, Terms of Use | Accessibility | NASA OCIO | USA.gov | NASA.govContact Us | Site MapSTI LogoNASA Official: JoAnne R. Calhoun Site Curator: STI Compliance and Distribution Services Last Modified: September 12, 2024
### §273a. National living donor mechanisms

The Secretary may establish and maintain mechanisms to evaluate the long-term effects associated with living organ donations by individuals who have served as living donors.

(July 1, 1944, ch. 373, title III, §371A, as added Pub. L. 108–216, §7, Apr. 5, 2004, 118 Stat. 589.)
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<CASH>                                       7,349,667
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</TABLE>
I 

109TH CONGRESS 

1ST SESSION H. R. 2577 

To suspend temporarily the duty on Indoxacarb. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 24, 2005 

Mr. BONNER introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To suspend temporarily the duty on Indoxacarb. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. INDOXACARB. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 

‘‘ 9902.07.46 Methyl (4aS)-7-chloro-2,5- 

dihydro-2-[[(methoxycarbonyl)[4- 

(trifluoromethoxy)phe 

nyl]amino]carbonyl] 

indeno[1,2- 

e][1,3,4]oxadiazine-4a(3H)- 

carboxylate(Indoxacarb) 

(CAS No. 144171–61–9) 

(provided for in subheading 

2934.99.16) ......................... Free No change No change On or before 

12/31/2009 ’’. 
2 

•HR 2577 IH 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to goods entered, or withdrawn from 

3 warehouse for consumption, on or after the 15th day after 

4 the date of the enactment of this Act. 

Æ