alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 180.310 Parties. ( a ) Parties to proceedings under this part are HUD, the respondent(s), and any intervenors. Respondents include persons named as such in a charge issued under 24 CFR part 103 and Recipients/applicants named as respondents in hearing notices issued under 24 CFR parts 1, 6, 8 or 146 and notices of proposed adverse action under this part.
( b ) An aggrieved person is not a party but may file a motion to intervene. Requests for intervention shall be filed within 50 days after the filing of the charge; however, the ALJ may allow intervention beyond that time. An intervenor's right to participate as a party may be restricted by order of the ALJ pursuant to statute, the rules in this part or other applicable law. Intervention shall be permitted if the person requesting intervention is ( 1 ) The aggrieved person on whose behalf the charge is issued; or
( 2 ) An aggrieved person who claims an interest in the property or transaction that is the subject of the charge and the disposition of the charge may, as a practical matter, impair or impede this person's ability to protect that interest, unless the aggrieved person is adequately represented by the existing parties.
( c ) A complainant in a non-Fair Housing Act matter is not a party but may file a motion to become an amicus curiae.
( d ) Any person may file a petition to participate in a proceeding under this part as an amicus curiae. An amicus curiae is not a party to the proceeding and may not introduce evidence at the hearing. ( 1 ) A petition to participate as amicus curiae shall be filed before the commencement of the hearing, unless the petitioner shows good cause for filing the petition later. The petition may be granted if the ALJ finds that the petitioner has a legitimate interest in the proceedings, and that such participation will not unduly delay the outcome and may contribute materially to the proper disposition thereof.
( 2 ) The amicus curiae may submit briefs within time limits set by the ALJ or by the Secretary in the event of an appeal to the Secretary.
( 3 ) When all parties have completed their initial examination of a witness, the amicus curiae may request the ALJ to propound specific questions to the witness. Any such request may be granted if the ALJ believes the proposed additional testimony may assist materially in elucidating factual matters at issue between the parties and will not expand the issues.
[61 FR 52218, Oct. 4, 1996, as amended at 64 FR 3801, Jan. 25, 1999]
§ 35.310 Notices and pamphlet. ( a ) *Notice.* A notice of evaluation or hazard reduction shall be provided to the occupants in accordance with § 35.125.
( b ) *Lead hazard information pamphlet.* The owner shall provide the lead hazard information pamphlet in accordance with § 35.130.
#### UNITED STATES of America, Plaintiff-Appellee, v. Jose Enrique BARRAGAN-CASTRO, Defendant-Appellant.

No. 06-40627

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

April 27, 2007.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Federal Public Defender’s Office Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before REAVLEY, BARKSDALE and STEWART, Circuit Judges.

PER CURIAM: *

Jose Enrique Barragan-Castro (Barragan) appeals his conviction and sentence for illegal reentry after having been deported following a conviction for aggravated felony in violation of 8 U.S.C. § 1326(a) and (b). Barragan contends that the district court erred by applying an eight-level increase to his offense level, pursuant to U.S.S.G. § 2L1.2(b)(l)(C), because the conviction that resulted in his deportation, misdemeanor assault in violation of Texas Penal Code Ann. 22.01(a)(1), is not a crime of violence under 18 U.S.C. § 16, and does not constitute an aggravated felony under U.S.S.G. § 2L1.2(b)(l)(C). In *United States v. Villegas-Hernandez,*468 F.3d 874, 878-84 (5th Cir.2006), we considered the same Texas statute and held that it does not meet either definition of a crime of violence under § 16 and, thus, is not an “aggravated felony” under § 2L1.2(b)(l)(C). Accordingly, the district court erred in enhancing Barragan’s sentence pursuant to § 2L1.2(b)(l)(C). Because we cannot conclude, based on the record as a whole, that the error did not affect the district court’s selection of the sentence imposed, that is, the error was *315harmless, a remand is appropriate. *See Williams v. United States,*508 U.S. 193, 203, 112 S.Ct. 1112, 117 L.Ed.2d 341 (1992). Barragan’s sentence is vacated and this matter remanded for resentencing in accordance with this opinion.

Barragan also challenges the constitutionality of the treatment of prior felony and aggravated felony convictions under 8 U.S.C. § 1326(b) as sentencing factors rather elements of the offense that must be found by a jury. This challenge is foreclosed by *Almendarez-Torres v. United States,*523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). Although Barragan suggests that a majority of the Supreme Court would overrule *Almendarez-Torres*in light of *Apprendi v. New Jersey,*530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), this court has repeatedly rejected such arguments and found that *Almendarez-Torres*remains binding. *See United States v. Garzar-Lopez,*410 F.3d 268, 276 (5th Cir.), *cert. denied,*— U.S.—, 126 S.Ct. 298, 163 L.Ed.2d 260 (2005). Barragan concedes his argument is foreclosed, but raises it preserve it for further review.

CONVICTION AFFIRMED; SENTENCE VACATED; REMANDED FOR RESENTENCING.

*

 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.
§ 401.411 Guidelines for determining exception rents. ( a ) *When do exception rents apply?* ( 1 ) The Restructuring Plan may provide for exception rents established under section 514(g)(2) of MAHRA for project-based assistance if the PAE determines that project income under the rent levels established under § 401.410 would be inadequate to meet the costs of operating the project as described in paragraph (b) of this section and that the housing needs of the tenants and the community could not be adequately addressed.
( 2 ) In any fiscal year, the PAE may not request HUD to approve Restructuring Plans with exception rents for more than 20 percent of all units covered by the PRA, except that HUD may approve a waiver of this 20 percent limitation based on the PAE's narrative explanation of special need.
( b ) *How are exception rents calculated?* ( 1 ) Exception rents must be set at a level sufficient to support the costs of operating the project. The PAE must take into account the following cost items: ( i ) Debt service on the second mortgage under § 401.461(a) or a rehabilitation loan included in the Restructuring Plan;
( ii ) The operating expenses of the project, as determined by the PAE, including: ( A ) Contributions to adequate reserves for replacement;
( B ) The costs of maintenance and necessary rehabilitation;
( C ) Other eligible costs permitted under the section 8 program;
( iii ) An adequate allowance for potential operating losses due to vacancies and failure to collect rents, as determined by the PAE;
( iv ) A return to the owner to the extent permitted by § 401.461(b)(3)(ii)(A); and
( v ) Other expenses determined by the PAE to be necessary for the operation of the project.
( 2 ) The exception rent must not exceed 120 percent of the Fair Market Rent for the market area, except that HUD may approve an exception rent greater than 120 percent of Fair Market Rent, based on a narrative explanation of special need submitted by the PAE, subject to the 5 percent limitation in section 514(g)(2)(A) of MAHRA.
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Stip re MSJ 1

Laurence F. Padway, #89314

Law Offices of Laurence F. Padway

1516 Oak Street, Suite 109

Alameda, California 94501

Telephone: (510)814-0680

Facsimile : (510)814-0650

Attorneys for plaintiff

Alfredo Leon Orea

SEAN P. NALTY (SBN 121253)

sean.nalty@wilsonelser.com

SHIVANI NANDA (SBN 253891)

shivani.nanda@wilsonelser.com

WILSON, ELSER, MOSKOWITZ,

EDELMAN & DICKER LLP

525 Market Street, 17th Floor

San Francisco, CA 94105

Telephone: (415) 433-0990

Facsimile: (415) 434-1370

Attorneys for Defendant

FS SAN FRANCISCO EMPLOYMENT, INC.’S

LONG TERM DISABILITY PLAN

and Real Party in Interest

LIFE INSURANCE COMPANY OF NORTH AMERICA

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ALFREDO LEON OREA, No. C09-02538 WHA

STIPULATION AND (PROPOSED) 

Plaintiff, ORDER TO CONTINUE BRIEFING 

vs. SCHEDULE AND HEARING DATE

FOR DEFENDANT’S MOTION FOR

FS SAN FRANCISCO SUMMARY JUDGMENT

EMPLOYMENT, INC.’s LONG TERM

DISABILITY PLAN,

Defendant.

______________________________/

LIFE INSURANCE COMPANY OF 

NORTH AMERICA,

Real Party In Interest

______________________________/

Whereas, Plaintiff’s opposition to Defendant’s motion for summary judgment is due on

Case 3:09-cv-02538-WHA Document 18 Filed 01/28/10 Page 1 of 3
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Stip re MSJ 2

January 28, 2010; and

Whereas, counsel for plaintiff requires additional time because (1) the administrative record

is massive, over 1900 pages, and (2) counsel for plaintiff is working a reduced schedule for health

and personal reasons,

Now, therefore, the parties stipulate to the following briefing schedule and hearing date:

February 4, 2010: Deadline for Plaintiff to file its opposition to Defendant’s

Motion for Summary Judgment

February 11, 2010: Deadline for Defendant to file its Reply

February 25, 2010: Hearing Date

IT IS SO STIPULATED.

Date: January 25, 2010 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP

By: 

Sean P. Nalty

Shivana Nanda

Attorneys for Defendant FS SAN FRANCISCO 

EMPLOYMENT, INC.'S LONG TERM DISABILITY PLAN

and Real Party in Interest LIFE INSURANCE COMPANY OF

NORTH AMERICA

Date: January 25, 2010 LAW OFFICES OF LAURENCE F. PADWAY

By: /s / 

LAURENCE F. PADWAY

Attorneys for Plaintiff

ALFREDO LEON OREA

/s/ Sean P. Nalty Laurence F. Padway

Case 3:09-cv-02538-WHA Document 18 Filed 01/28/10 Page 2 of 3
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Stip re MSJ 3

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Date: By: 

Honorable William H. Alsup

United States District Court Judge

January 28, 2010.

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge William Alsup

Case 3:09-cv-02538-WHA Document 18 Filed 01/28/10 Page 3 of 3
§ 232.805 Insurance premiums. ( a ) *First premium.* The lender, upon the endorsement of the loan for insurance, shall pay to the Commissioner a first loan insurance premium equal to one percent of the original face amount of the note.
( b ) *Second premium.* The lender, on the date of the first principal payment, shall pay a second premium equal to one percent of the average outstanding principal obligation of the loan for the year following such first principal payment date which shall be adjusted as of that date so that the aggregate of the first and second premiums shall equal the sum of one percent per annum of the average outstanding principal obligation of the loan for the period from the date of the insurance endorsement to one year following the date of the first principal payment.
( c ) *Annual insurance premium.* Until the note is paid in full, or until the loan is assigned to the Commissioner, or until the contract of insurance is otherwise terminated with the consent of the Commissioner, the lender, on each anniversary of the date of the first principal payment shall pay an annual loan insurance premium equal to one percent of the average outstanding principal obligation of the loan for the year following the date on which such premium becomes payable.
( d ) *Method of premium payment.* Premiums shall be payable in cash or in debentures of the General Insurance Fund at par plus accrued interest. All premiums are payable in advance and no refund can be made of any portion thereof except as provided in § 232.800 *et seq.*
( e ) *Calculation of premiums.* The premiums payable on and after the date of the first principal payment shall be calculated in accordance with the amortization provisions without taking into account delinquent payments or prepayments.
**Exhibit      32.0**

----

**CERTIFICATION      PURSUANT TO**

**18      U.S.C. SECTION 1350,**

**AS      ADDED BY**

**SECTION      906 OF THE SARBANES-OXLEY ACT OF 2002**

|   | (1) | The                Report fully complies with the requirements of Section 13(a) or 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                as of and for the period covered by the                Report. |
|--------|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | /s/                John                C. Roman             |
|--------|-------------------------------------------------------------|
|   | John                C. Roman                                |
|   | President                and Chief Executive Officer        |
|   |                                                        |
|   |                                                        |
|   | /s/ Lee                R. Schlesinger                  |
|   | Lee                R. Schlesinger                           |
|   | Vice                President and Treasurer                 |
|   | (Principal                Financial and Accounting Officer) |
§ 242.58 Books, accounts, and financial statements. ( a ) *Books and accounts.* The mortgagor's books and accounts relating to the operation of the physical facilities of the hospital shall be established in a manner satisfactory to HUD, and shall be kept in accordance with the requirements of HUD as long as the mortgage is insured or held by HUD.
( b ) *Financial reports.* The mortgagor shall file with HUD: ( i ) Annual audited financial statements in accordance with the guidance below;
( ii ) Quarterly unaudited financial reports, within 40 days following the end of each quarter of the mortgagor's fiscal year;
( iii ) If requested by HUD, monthly financial reports within 40 days following the end of each month;
( iv ) Board-certified annual financial results within 120 days following the close of the fiscal year (if the annual audited financial statement has not yet been filed with HUD) and at such other times as HUD may designate on a case-by-case basis; and
( v ) Such other financial and utilization reports as HUD may require.
( c ) *Audits.* (1) Not-for-profit and state and local governments shall conduct audits in accordance with the Consolidated Audit Guide for Audits of HUD Programs (Handbook 2000.04) and2 CFR part 200, subpart F. (2) For-profit organizations shall conduct audits in accordance with the Consolidated Audit Guide for Audits of HUD Programs (Handbook 2000.04).
( d ) *Changes in accounting policies.* The annual audited financial statements shall identify any changes in accounting policies and their financial effect on the balance sheet and on the income statement.
( e ) *Compliance reporting.* The mortgagor shall instruct the auditor of the annual financial statement to include in its report an evaluation of the mortgagor's compliance with the Regulatory Agreement.
( f ) *Books of management agents.* The books and records of management agents, lessees, operators, managers, and affiliates, as they pertain to the operations of the hospital, shall be maintained in accordance with Generally Accepted Accounting Principles (GAAP) or Governmental Accounting Standards and shall be open and available to inspection by HUD, after reasonable prior notice, during normal office hours, at the hospital or other mutually agreeable location. Every contract executed on behalf of the hospital with any of the aforesaid parties shall include the provision that the books and records of such entities shall be properly maintained and open to inspection during normal business hours by HUD at the hospital or other mutually agreeable location.
( g ) *Medicare cost reports.* Upon request, the mortgagor shall provide to HUD a copy of the Medicare Cost Report most recently submitted to the Centers for Medicare and Medicaid Services (an agency of the Department of Health and Human Services), along with related financial documents.
( h ) In those cases in which the hospital facility is leased as permitted by § 242.72, the requirements pertaining to the mortgagor in § 242.58 (a) through (g) also shall pertain to the lessee.
[72 FR 67546, Nov. 28, 2007, as amended at 73 FR 35923, June 25, 2008; 80 FR 75936, Dec. 7, 2015]
### §390g–7. New spending authority

Any new spending authority described in subsection (c)(2)(A) or (B) of section 651 1 of title 2 which is provided under sections 390g to 390g–8 of this title (or under any amendment made by sections 390g to 390g–8 of this title) shall be effective for any fiscal year only to such extent or in such amounts as are provided in advance in appropriation Acts.

(Pub. L. 98–434, §9, Sept. 28, 1984, 98 Stat. 1677.)

#### **Editorial Notes**

#### References in Text

Section 651 of title 2, referred to in text, was amended by Pub. L. 105–33, title X, §10116(a)(3), (5), Aug. 5, 1997, 111 Stat. 691, by striking out subsec. (c) and redesignating former subsec. (d) as (c).

1 See References in Text note below.
#### § 3288.10 Applicability.

The requirements of the HUD Manufactured Home Dispute Resolution Program established in this subpart B apply in each state that does not establish a state dispute resolution program that complies with the Act and has been accepted by HUD as provided in subpart D of this part.
§ 1.2 Definitions. As used in this part 1— ( a ) The term *Department* means the Department of Housing and Urban Development.
( b ) The term *Secretary* means the Secretary of Housing and Urban Development.
( c ) The term *responsible Department official* means the Secretary or, to the extent of any delegation of authority by the Secretary to act under this part 1, any other Department official to whom the Secretary may hereafter delegate such authority.
( d ) The term *United States* means the States of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, the Canal Zone, and the territories and possessions of the United States, and the term *State* means any one of the foregoing.
( e ) The term *Federal financial assistance* includes: ( 1 ) Grants, loans, and advances of Federal funds,
( 2 ) the grant or donation of Federal property and interests in property,
( 3 ) the detail of Federal personnel,
( 4 ) the sale and lease of, and the permission to use (on other than a casual or transient basis), Federal property or any interest in such property without consideration or at a nominal consideration, or at a consideration which is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale or lease to the recipient, and
( 5 ) any Federal agreement, arrangement, or other contract which has as one of its purposes the provision of assistance. The term *Federal financial assistance* does not include a contract of insurance or guaranty.
( f ) The term *recipient* means any State, political subdivision of any State, or instrumentality of any State or political subdivision, any public or private agency, institution, organization, or other entity, or any individual, in any State, to whom Federal financial assistance is extended, directly or through another recipient, for any program or activity, or who otherwise participates in carrying out such program or activity (such as a redeveloper in the Urban Renewal Program), including any successor, assign, or transferee thereof, but such term does not include any ultimate beneficiary under any such program or activity.
( g ) The term *applicant* means one who submits an application, contract, request, or plan requiring Department approval as a condition to eligibility for Federal financial assistance, and the term *application* means such an application, contract, request, or plan.
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.                  

###### Agency for International Development

      ( print page 903)    
Pursuant to the Federal Advisory Committee Act, notice is hereby given of the one hundred and fortieth meeting of the Board for International Food and Agricultural Development (BIFAD). The meeting will be held from 8 a.m. to 1 p.m. on February 5, 2004 in the ground floor meeting room of the National Association of State Universities & Land Grant Colleges (NASULGC), at 1307 New York Avenue, NW., Washington, DC.

The BIFAD will hear a status report regarding revision of the CRSP Guidelines and a report on the status of the Request for Assistance (RFA) to procure the management entity for the next phase of the SANREM and IPM CRSPs. The Board will also be updated on the implementation of the BIFAD Long-Term Training initiative and hear the report from the East African Regional Training Assessment team. Recommendations from the BIFAD-commissioned study on USAID-university relationships will be considered. 

The meeting is free and open to the public. Those wishing to attend the meeting or obtain additional information about BIFAD should contact Curtis Nissly, the Designated Federal Officer for BIFAD. Write him in care of the U.S. Agency for International Development, Ronald Reagan Building, Office of Agriculture and Food Security, 1300 Pennsylvania Avenue, NW., Room 2.11-085, Washington, DC, 20523-2110 or telephone him at (202) 712-1064 or fax (202) 216-3010. 

Curtis Nissly, 

USAID Designated Federal Officer for BIFAD, Office of Agriculture and Food Security, Bureau for Economic Growth, Agriculture and Trade.

[FR Doc. 04-279 Filed 1-6-04; 8:45 am] 

BILLING CODE 6116-01-P
#### LINDA RAIA *v.*SONITROL COMMUNICATIONS CORPORATION

(AC 25229)

Flynn, Gruendel and Harper, Js.

Submitted on briefs April 29

officially released May 31, 2005

Per Curiam.

The judgment is affirmed.