alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 16

- 41688 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.
FERNANDO ARTURO FLORES

- FANG , also known as Arturo, also known as Primo,

Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:12

- CR

- 223

- 3

Before KING, OWEN, and HIGGINSON, Circuit Judges. PER CURIAM: *
The attorney appointed to represent Fernando Arturo Flores

- Fang has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and Unite d States v. Flores , 632 F.3d 229 (5th Cir. 2011). Flores

- Fang h a s not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED October 24, 2017

Lyle W. Cayce Clerk Case: 16-41688 Document: 00514207233 Page: 1 Date Filed: 10/24/2017No. 16

- 41688

2 counsel’s assessment that the appeal presents no nonfriv olous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR

. R. 42.2. Case: 16-41688 Document: 00514207233 Page: 2 Date Filed: 10/24/2017
-       - Superintendent of Documents
      - 2023-09-01T18:59:15-0400
      - Government Publishing Office, Washington, DC 20401
      - Government Publishing Office
      - Government Publishing Office attests that this document has not been altered since it was disseminated by Government Publishing Office
§ 1508.835 Are debarment proceedings formal? ( a ) Debarment proceedings are conducted in a fair and informal manner. The debarring official may use flexible procedures to allow you as a respondent to present matters in opposition. In so doing, the debarring official is not required to follow formal rules of evidence or procedure in creating an official record upon which the official will base the decision whether to debar.
( b ) You or your representative must submit any documentary evidence you want the debarring official to consider.
### §§5618, 5619. Repealed. Pub. L. 96–509, §9, Dec. 8, 1980, 94 Stat. 2753

Section 5618, Pub. L. 93–415, title II, §208, Sept. 7, 1974, 88 Stat. 1117, Pub. L. 95–115, §3(a)(3)(B), (f), Oct. 3, 1977, 91 Stat. 1048, 1050, set out the duties and provided for the staffing of the National Advisory Committee and numerous subcommittees.

Section 5619, Pub. L. 93–415, title II, §209, Sept. 7, 1974, 88 Stat. 1118, set out provisions for compensation and reimbursement for travel and other expenses of full and part time Federal employees serving on the Advisory Committee.
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United States District Court

Northern District of California

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

RONALD DUTTON,

Plaintiff,

v.

GENERAL ELECTRIC, et al.,

Defendants.

Case No. 05-3107 CRB 

ORDER TO DEFENDANT GENERAL 

ELECTRIC AND PLAINTIFFS 

REGARDING STATUS OF 

SETTLEMENTS

This Order Relates To:

Clemmer, 05-3107 CRB

Alexander, 05-4945 CRB

Cody, 06-0843 CRB

Cervenka, 06-6949 CRB

Huff, 08-4490 CRB

Hulsen, 09-2012 CRB

Bullock, 09-3185 CRB

Jackson, 09-3186 CRB

Jones, 09-3953 CRB

Brown, 09-4681 CRB

Mack, 10- 1729 CRB

Gilpin, 11-3564 CRB

Huff, 11-3772 CRB

Shelly, 11-5597 CRB

Duenas, 12-0714 CRB

Lowe, 12-5227 CRB

McMeans, 13-0937 CRB

Plaintiffs and General Electric have advised the Court that the above cases have settled; 

however, as of the date of this Order dismissals of the cases or of the claims against General 

Electric have not been filed. Accordingly, on or before July 22, 2016, the parties shall file 

dismissals in the above actions or, if no dismissal can be filed, a joint statement explaining the 

status of the settlement in each still pending action.

Case 3:08-cv-04490-CRB Document 46 Filed 07/01/16 Page 1 of 2
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United States District Court

Northern District of California

IT IS SO ORDERED.

Dated: July 1, 2016

JACQUELINE SCOTT CORLEY

United States Magistrate Judge

Case 3:08-cv-04490-CRB Document 46 Filed 07/01/16 Page 2 of 2
I 

109TH CONGRESS 

1ST SESSION H. R. 2545 

To suspend temporarily the duty on Acid Blue 80. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 23, 2005 

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

Committee on Ways and Means 

A BILL 

To suspend temporarily the duty on Acid Blue 80. 

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

3 SECTION 1. ACID BLUE 80. 

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: 

‘‘ 9902.09.80 Acid Blue 80 (CAS No. 

4474–24–2) (provided for in 

subheading 3204.12.50) ...... Free No change No change On or before 

12/31/2008 ’’. 

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

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

•HR 2545 IH 

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

2 the date of enactment of this Act. 

Æ
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4380 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 4380

    To suspend temporarily the duty on capacitor grade homopolymer 
                  polypropylene resin in primary form.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 18, 2012

Mr. Young of Indiana introduced the following bill; which was referred 
                   to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
    To suspend temporarily the duty on capacitor grade homopolymer 
                  polypropylene resin in primary form.

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

SECTION 1. CAPACITOR GRADE HOMOPOLYMER POLYPROPYLENE RESIN IN PRIMARY 
              FORM.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

       ``9902.01.00      Capacitor grade     Free         No change        No change        On or before 12/ ''.
                          homopolymer                                                        31/2015.......
                          polypropylene
                          resin in primary
                          form (CAS No.
                          9003-07-0),
                          certified by the
                          importer as
                          intended for use
                          in manufacturing
                          capacitor film
                          and having an ash
                          content less than
                          50 ppm (provided
                          for in subheading
                          3902.10.00)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
to articles entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

1131 CA 16-00569 PRESENT: SMITH, J.P., DEJOSEPH, CURRAN, AND SCUDDER, JJ.

CLINTON STREET SOMA PROJECT, LLC, PLAINTIFF-RESPONDENT,

V MEMORANDUM AND ORDER

RAPID RESPONSE MONITORING SERVICES, INC., DEFENDANT-APPELLANT.

HANCOCK ESTABROOK, LLP, SYRACUSE (JAMES P. YOUNGS OF COUNSEL), FOR DEFENDANT-APPELLANT.

FRANKLIN A. JOSEF, FAYETTEVILLE, FOR PLAINTIFF-RESPONDENT.

Appeal from an order of the Supreme Court, Onondaga County (Hugh A. Gilbert, J.), entered August 19, 2015. The order denied the motion of defendant for summary judgment dismissing the complaint.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: Defendant signed a five-year lease for a residential loft in an industrial building in the City of Syracuse that plaintiff was in the midst of converting. When defendant did not ultimately take possession of the unit, plaintiff commenced the instant action for the full balance of rent owing under the lease term. Defendant moved for summary judgment dismissing the complaint, arguing that the lease was void ab initio because plaintiff failed to satisfy a condition precedent, namely, obtaining defendant’s pre-approval for all designs, materials, and finishes in the loft. Alternatively, defendant sought partial summary judgment limiting the damages sought by plaintiff. Supreme Court denied the motion, and we affirm.

We conclude that defendant failed to meet its initial burden of proving that, as a condition precedent to enforceability of the lease, plaintiff was obligated to secure its approval for all designs, materials, and finishes in the loft ( see generally Ruttenberg v Davidge Data Sys. Corp. , 215 AD2d 191, 196-197). Although defendant’s obligation to pay rent was conditioned on its approval of the “building plans,” nothing in the lease equates “building plans” with all specifications for designs, materials and finishes. Indeed, the lease does not provide any definition of the critical term “building plans,” and one could certainly interpret that term to encompass only the unit’s floor plan, which defendant indisputably saw and approved before construction commenced. Thus, given the ambiguity in the lease-2- 1131 CA 16-00569

concerning the extent of defendant’s approval rights over designs, materials, and finishes, and given the lack of parol evidence sufficient to authoritatively construe the ambiguous term “building plans” as a matter of law, we conclude that the court properly denied the motion ( see White Plains Equities Assoc., Inc. v Vista Devs. Corp. , 82 AD3d 569, 569).

Since it “remains to be determined whether . . . the [lease]” is void ab initio in light of the alleged condition precedent, we decline, “in effect, to render an advisory opinion concerning the availability of [particular forms of] damages” ( Matter of Flintlock Constr. Servs., LLC v Weiss , 122 AD3d 51, 54, appeal dismissed 24 NY3d 1209; see Madison 96th Assoc., LLC v 17 E. 96th Owners Corp. , 120 AD3d 409, 411).

Entered: February 3, 2017 Frances E. Cafarell Clerk of the Court
### §7157. Transfers from Department of Commerce

There are transferred to, and vested in, the Secretary all functions of the Secretary of Commerce, the Department of Commerce, and officers and components of that Department, as relate to or are utilized by the Office of Energy Programs, but limited to industrial energy conservation programs.

(Pub. L. 95–91, title III, §308, Aug. 4, 1977, 91 Stat. 581.)
Order entered February 15, 2013

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-12-01330-CV

IN THE MATTER AND INTEREST OF MAURICE MURPHY

On Appeal from the 301st Judicial District Court

Dallas County, Texas

Trial Court Cause No. DF-12-04214

ORDER

Both the clerk’s and reporter’s records in the case are overdue. By postcard dated 

November 1, 2012, we notified the Dallas County District Clerk and the court reporter for the 

301st Judicial District Court regarding the respective records. We directed the district clerk and 

the court reporter to file the records within thirty days. To date, neither the district clerk nor the 

court reporter have responded. 

Accordingly, we ORDER the Dallas County District Clerk to file the clerk’s record

within TEN DAYS of the date of this order. 

We ORDER Kim Allen, official court reporter for the 301st Judicial District Court, to 

file, within FIFTEEN DAYS of the date of this order, either: (1) the reporter’s record; or (2) 

written verification that no hearings were recorded. 

We DIRECT the Clerk to send copies of this order, by electronic tranmission, to the 

following persons:
Gary Fitzsimmons

Dallas County District Clerk

Kim Allen

Official Court Reporter, 301st Judicial District Court

/s/ CAROLYN WRIGHT

CHIEF JUSTICE
#### § 1000.142 How does a recipient determine the “useful life” during which low-income rental housing and low-income homebuyer housing must remain affordable as required in sections 205(a)(2) and 209 of NAHASDA?

To the extent required in the IHP, each recipient shall describe its determination of the useful life of the assisted housing units in its developments in accordance with the local conditions of the Indian area of the recipient. By approving the plan, HUD determines the useful life in accordance with section 205(a)(2) of NAHASDA and for purposes of section 209.

[77 FR 71525, Dec. 3, 2012]
#### § 242.4 Consultation with other agencies.

The United States Agency for International Development will, to the extent possible, consult with the appropriate officials' other federal agencies to identify their current and former covered employees, and current and former dependents who reported an anomalous health incident. This consultation is solely to assist USAID in determining who might be initially eligible for payment under the HAVANA Act.
I 

109TH CONGRESS 

1ST SESSION H. R. 2533 

To amend section 254 of the Communications Act of 1934 to provide that 

funds received as universal service contributions and the universal service 

support programs established pursuant to that section are not subject 

to certain provisions of title 31, United States Code, commonly known 

as the Antideficiency Act. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 23, 2005 

Mrs. CUBIN (for herself, Mr. GONZALEZ, Mr. KING of Iowa, Mr. RADANOVICH, Mr. WYNN, and Mr. BROWN of Ohio) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL 

To amend section 254 of the Communications Act of 1934 

to provide that funds received as universal service contributions and the universal service support programs 

established pursuant to that section are not subject to 

certain provisions of title 31, United States Code, commonly known as the Antideficiency Act. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 2533 IH 

1 SECTION 1. AMENDMENT OF COMMUNICATIONS ACT OF 

2 1934. 

3 Section 254 of the Communications Act of 1934 (47 

4 U.S.C. 254) is amended by adding at the end the fol5 lowing: 

6 ‘‘(m) APPLICATION OF ANTIDEFICIENCY ACT.—Sec7 tion 1341 and subchapter II of chapter 15 of title 31, 

8 United States Code, do not apply— 

9 ‘‘(1) to any amount collected or received as 

10 Federal universal service contributions required by 

11 this section, including any interest earned on such 

12 contributions; nor 

13 ‘‘(2) to the expenditure or obligation of 

14 amounts attributable to such contributions for uni15 versal service support programs established pursuant 

16 to this section.’’. 

Æ
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Interior

###### Bureau of Land Management

          - [AR-910-0777-XP-241A]

# AGENCY:

Bureau of Land Management, Interior.

# ACTION:

Arizona Resource Advisory Council Meeting notice.

# SUMMARY:

This notice announces a meeting and tour of the Arizona Resource Advisory Council (RAC).

The business meeting will be held on January 25, 2005, at the Bureau of Land Management National Training Center located at 9828 North 31st Avenue, Phoenix, Arizona. It will begin at 9 a.m. and conclude at 4 p.m. The agenda items to be covered include: Review of the October 27, 2004, Meeting Minutes; BLM State Director's Update on Statewide Issues; RAC Orientation on BLM Programs and Arizona BLM Priorities, Presentations on Transportation and Rights-of-Way, and Collecting and Interpreting Rangeland Health Monitoring Data; Arizona Land Use Planning Updates; RAC Questions on Written Reports from BLM Field Managers; Field Office Rangeland Resource Team Proposals; Reports by the Standards and Guidelines, Recreation, Off-Highway Vehicle Use, Public Relations, Land Use Planning and Tenure, and Wild Horse and Burro Working Groups; Reports from RAC members; and Discussion of future meetings. A public comment period will be provided at 11:30 a.m. on January 25, 2005, for any interested publics who wish to address the Council.

# FOR FURTHER INFORMATION CONTACT:

Deborah Stevens, Bureau of Land Management, Arizona State Office, 222 North Central Avenue, Phoenix, Arizona 85004-2203, (602) 417-9215.

Elaine Y. Zielinski,

Arizona State Director.

[FR Doc. 04-28381  Filed 12-27-04; 8:45 am]

BILLING CODE 4130-32-M
#### § 521.11 Referral of complaint and answer to the ALJ.

Upon receipt of an answer, the reviewing official shall file the complaint and answer with the ALJ.
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED OCTOBER 2 , 2015

NO. 03

- 14

- 00029

- CV

Oscar Melendez and Connie Melendez, Appellant s

v.

Citimortgage, Inc.; Ernestine Williams; and Wendy Alexander, Appellee s

APPEAL FROM THE 261S T DISTRICT COURT OF TRAVIS COUNTY

BEFORE CHIEF JUSTICE ROSE, JUSTICES GOODWIN AND BOURLAND

AFFIRMED ON MOTION FOR REHEARING

-- OPINION BY JUSTICE BOURLAND

This is an appeal from the judgment signed by the tr i a l court on October 17, 2014. The Court’s

opinion and judgment dated June 25, 2015 are withdrawn. Having reviewed the record and the

parties’ arguments, the C ourt holds that there was no reversible error in the trial court’s

judgment . Therefore, the C ourt affirms the trial court’s judgment

. The appellant s shall pay all

costs relating to this appeal, both in this Court and in the court below.
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United States District Court

For the Northern District of California

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

MELCHOR BARAJAS,

Petitioner,

v.

BEN CURRY, warden,

Respondent. /

No. C 08-4911 SI (pr)

ORDER PERMITTING

SUPPLEMENTAL BRIEFS

A recent en banc decision from the Ninth Circuit addressed important issues relating to federal

review of parole decisions, Hayward v Marshall, No. 06-55392, 2010 WL 1664977 (9th Cir. April 22,

2010) (en banc). The court will provide each party an opportunity to submit a supplemental brief (not

to exceed 15 pages in length) explaining his views of how the Hayward en banc decision applies to this

parole denial habeas case. The court sets the following schedule:

1. No later than May 10, 2010, respondent must send to petitioner a copy of the Hayward

en banc decision. 

2. No later than May 28, 2010, respondent must file and serve any supplemental brief on

the impact of Hayward on this action. 

3. No later than July 2, 2010, petitioner must file and serve any supplemental brief on the

impact of Hayward on this action. 

IT IS SO ORDERED.

DATED: April 27, 2010 

 SUSAN ILLSTON

United States District Judge

Case 3:08-cv-04911-SI Document 5 Filed 04/28/10 Page 1 of 1
### §5023. Minority population participation

The Director shall take appropriate steps to insure that special efforts are made to recruit, select, and assign qualified individuals age 55 years or older from minority populations to serve as volunteers under this subchapter.

(Pub. L. 93–113, title II, §223, Oct. 1, 1973, 87 Stat. 404; Pub. L. 111–13, title II, §2146(b), Apr. 21, 2009, 123 Stat. 1589.)

#### **Editorial Notes**

#### Amendments

2009—Pub. L. 111–13 substituted "population" for "group" in section catchline and "age 55 years or older from minority populations" for "sixty years and older from minority groups" in text.

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

#### Effective Date of 2009 Amendment

Amendment by Pub. L. 111–13 effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as a note under section 4950 of this title.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Small Business Administration

                    The Small Business Administration publishes an interest rate called the optional “peg” rate (13 CFR 120.214) on a quarterly basis. This rate is a weighted average cost of money to the government for maturities similar to the average SBA direct loan. This rate may be used as a base rate for guaranteed fluctuating interest rate SBA loans. This rate will be 4.5 (4                    1/2                    ) percent for the January-March quarter of FY 2005.                 

James E. Rivera, 

Associate Administrator for Financial Assistance. 

[FR Doc. 04-28397 Filed 12-27-04; 8:45 am] 

BILLING CODE 8025-01-P