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

No. 15

- 10640 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff

–

Appellee ,

v ersus
JOSE ALFREDO PRIETO

- ALVAREZ , Defendant

– Appellant

.

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:15

- CR

- 23

- 1

Before REAVLEY, SMITH, and HAYNES, Circuit Judges.
PER CURIAM: *

The Federal Public Defender appointed to represent Jose Prieto

- Alvarez

* 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 R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR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 February 29, 2016 Lyle W. Cayce Clerk Case: 15-10640 Document: 00513399889 Page: 1 Date Filed: 02/29/2016No. 15

- 10640

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

- Alvarez h a s not filed a r esponse. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We

con cur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, the 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: 15-10640 Document: 00513399889 Page: 2 Date Filed: 02/29/2016
Editorial Note on Part 133
Editorial Note: Nomenclature changes to part 133 appear at 68 FR 66582, Nov. 26, 2003.

§ 133.510 What actions will the Federal Government take against a recipient determined to have violated this part? If a recipient is determined to have violated this part, as described in § 133.500 or § 133.505, the Department of State may take one or more of the following actions— ( a ) Suspension of payments under the award;
( b ) Suspension or termination of the award; and
( c ) Suspension or debarment of the recipient under 2 CFR part 601, for a period not to exceed five years.
[68 FR 66557, 66582, Nov. 26, 2003, as amended at 72 FR 10035, Mar. 7, 2007]
#### Pope *et al. v.*Lee.

August 16, 1912.

Appeal. Before Judge Roan. Clayton superior court. August 28, 1911.

*A. H. Davis,*for plaintiffs.

*J. F. Golightly*and *W. T. Kimsey,*for defendant.

Atkinson, J.

A proceeding under Civil Code sections 5333 and 5334, to abate a mill nuisance, is not a matter falling within the jurisdiction of the court of ordinary as such court, and from a decision of that court in regard to such a matter an appeal will not lie to the superior court. *Harrell*v. *Pickett,*43 *Ga.*271; *Cunningham*v. *U. S. Loan Co.,*109 *Ga.*616 (34 S. E. 1024); *Rigell*v. *Sirmans,*123 *Ga.*455 (51 S. E. 381); *Fontano*v. *Mozley & Co.,*121 *Ga.*46 (48 S. E. 707).

*Judgment affirmed.*

*All the Justices concur.*
### §390h–24. Omitted

#### **Editorial Notes**

#### Codification

Section, Pub. L. 102–575, title XVI, §1639, as added Pub. L. 110–229, title V, §511(a), May 8, 2008, 122 Stat. 840, which related to the Eastern Municipal Water District recycled water system pressurization and expansion project, California, was omitted pursuant to subsec. (e) of section, which provided that the authority of the Secretary of the Interior to carry out any provisions of this section terminated 10 years after May 8, 2008.
§ 35.96 Enforcement. ( a ) Any person who knowingly fails to comply with any provision of this subpart shall be subject to civil monetary penalties in accordance with the provisions of 42 U.S.C. 3545 and 24 CFR part 30.
( b ) The Secretary is authorized to take such action as may be necessary to enjoin any violation of this subpart in the appropriate Federal district court.
( c ) Any person who knowingly violates the provisions of this subpart shall be jointly and severally liable to the purchaser or lessee in an amount equal to 3 times the amount of damages incurred by such individual.
( d ) In any civil action brought for damages pursuant to 42 U.S.C. 4852d(b)(3), the appropriate court may award court costs to the party commencing such action, together with reasonable attorney fees and any expert witness fees, if that party prevails.
( e ) Failure or refusal to comply with §§ 35.88 (disclosure requirements for sellers and lessors), § 35.90 (opportunity to conduct an evaluation), § 35.92 (certification and acknowledgment of disclosure), or § 35.94 (agent responsibilities) is a violation of 42 U.S.C. 4852d(b)(5) and of TSCA section 409 (15 U.S.C. 2689).
( f ) Violators may be subject to civil and criminal sanctions pursuant to TSCA section 16 (15 U.S.C. 2615) for each violation. For purposes of enforcing this subpart, the penalty for each violation applicable under 15 U.S.C. 2615 shall be not more than $10,000.
#### § 578.29 Subsidy layering.

HUD may provide assistance under this program only in accordance with HUD subsidy layering requirements in section 102 of the Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3545) and 24 CFR part 4, subpart A. An applicant must submit information in its application on other sources of governmental assistance that the applicant has received, or reasonably expects to receive, for a proposed project or activities. HUD's review of this information is intended to prevent excessive public assistance for proposed project or activities by combining (layering) assistance under this program with other governmental housing assistance from federal, State, or local agencies, including assistance such as tax concessions or tax credits.
#### § 180.635 Written testimony.

The ALJ may accept and enter into the record direct testimony of witnesses made by verified written statement rather than by oral presentation at the hearing. Unless the ALJ fixes other time periods, affidavits shall be filed and served on the parties not later than 14 days prior to the hearing. Witnesses whose testimony is presented by affidavit shall be available for cross-examination as may be required.
Exhibit 31.1


                                  CERTIFICATION

I, Jimmy Whang, certify that:

      1.    I have reviewed this annual report on Form 10-K in respect of the
            STRATS(SM) Trust For Goldman Sachs Group Securities, Series 2004-8
            (the "Trust") and all reports on Form 8-K containing distribution or
            servicing reports filed in respect of periods included in the year
            covered by this annual report of the Trust;

      2.    Based on my knowledge, the information in these reports, taken as a
            whole, does not contain any untrue statement of a material fact or
            omit to state a material fact necessary to make the statements made,
            in light of the circumstances under which such statements were made,
            not misleading as of the last day of the period covered by this
            annual report;

      3.    Based on my knowledge, the distribution or servicing information
            required to be provided to the Depositor by the Trustee under the
            trust agreement, for inclusion in these reports is included in these
            reports;

      4.    I am responsible for reviewing the activities performed by the
            Depositor and the Trustee under the trust agreement and based upon
            my knowledge and the annual compliance review required under that
            agreement, and except as disclosed in the reports, the Depositor and
            Trustee have each fulfilled its obligations under that agreement;
            and

      5.    The reports disclose all significant deficiencies relating to the
            compliance by the Trustee and the Depositor with the minimum
            servicing or similar standards based upon the report provided by an
            independent public accountant, after conducting a review in
            compliance with the Uniform Single Attestation Program for Mortgage
            Bankers or similar procedure, as set forth in the trust agreement
            that is included in these reports.

In giving the certifications above, I have reasonably relied on information
provided to me by the following unaffiliated party: U.S. Bank Trust National
Association, as Trustee.

Date: March 28, 2008

/s/ Jimmy Whang
----------------------
Name:   Jimmy Whang
Title:  Director
EXHIBIT 32.1
 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
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.
 Date: March 26, 2009
    /s/ Crit S. DeMentName:
    Crit S. DeMentTitle:
    Chief Executive Officer of the General Partner
**Exhibit
      32.1**







**CERTIFICATION**





In
      connection with the periodic report
      of Delta Financial Corporation (the “Company”) on Form 10-Q for the period ended
      September 30, 2007 as filed with the Securities and Exchange Commission (the
      “Report”), I, Hugh Miller, Chief Executive Officer of the Company, hereby
      certify as of the date hereof, solely for purposes of Title 18, Chapter 63,
      Section 1350 of the United States Code, that to the best of my
      knowledge:





1.
            The
                Report fully complies with the
                requirements of Section 13(a) or 15(d), as applicable, 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 at the dates and for the
                periods
                indicated.





This
      Certification has not been, and
      shall not be deemed, “filed” with the Securities and Exchange
      Commission.







Date:  November
        8,
        2007





/s/
        Hugh Miller


Hugh
      Miller


*President
      and Chief Executive
      Officer*
<TABLE> <S> <C>


<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS OF KEVCO, INC. FOR THE QUARTERLY PERIOD ENDED
SEPTEMBER 30, 2000 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                          10,923
<SECURITIES>                                         0<F1>
<RECEIVABLES>                                   35,673<F2>
<ALLOWANCES>                                       481
<INVENTORY>                                     58,582
<CURRENT-ASSETS>                               109,444
<PP&E>                                          59,686
<DEPRECIATION>                                  16,177
<TOTAL-ASSETS>                                 268,845
<CURRENT-LIABILITIES>                           79,334
<BONDS>                                        178,635
<PREFERRED-MANDATORY>                                0<F1>
<PREFERRED>                                          0<F1>
<COMMON>                                            96
<OTHER-SE>                                       6,478
<TOTAL-LIABILITY-AND-EQUITY>                   268,845
<SALES>                                        470,682
<TOTAL-REVENUES>                               474,254
<CGS>                                          411,771
<TOTAL-COSTS>                                  411,771
<OTHER-EXPENSES>                                     0<F1>
<LOSS-PROVISION>                                     0<F1>
<INTEREST-EXPENSE>                              16,879
<INCOME-PRETAX>                               (16,140)
<INCOME-TAX>                                         0<F1>
<INCOME-CONTINUING>                           (16,140)
<DISCONTINUED>                                       0<F1>
<EXTRAORDINARY>                                      0<F1>
<CHANGES>                                            0<F1>
<NET-INCOME>                                  (16,140)
<EPS-BASIC>                                     (1.69)
<EPS-DILUTED>                                   (1.69)
<FN>
<F1>Amounts inapplicable or not disclosed as a separate line on the Statement of
Financial Position or Results of Operations are reported as 0 herein.
<F2>Notes and accounts receivable-trade are reported net of allowances for doubtful
accounts in the Statement of Financial Position.
</FN>


</TABLE>
Skip Links

USGS HomeContact USGSSearch USGS

Open-File Report 2007–1056

Pubs Warehouse

### Prepared in cooperation with the U.S. Army Corps of Engineers

## Data Collected to Support Monitoring of Constructed Emergent Sandbar Habitat on the Missouri River Downstream from Gavins Point Dam, South Dakota and Nebraska, 2004–06

#### By Ryan F. Thompson, Michaela R. Johnson, and Michael J. Andersen

Because of the size of the report for faster download it is broken into smaller files:

 

**Cover 1 through page viii (137 kB)**

**Page 1 - 24 (13.8 MB)**

**Section A - downstream - pages 25-43 (10.5 MB)**

**Section A - downstream - pages 44-63 (13 MB)**

**Section A - downstream - pages 64-81 (11.8 MB)**

**Section A - upstream - pages 82-105 (12.7 MB)**

**Section A - upstream - pages 106-129 (12.7 MB)**

**Section B - pages 130-153 (10.9 MB)**

**Section B - pages 154-177 (10.8 MB)**

**Section C through Cover 4 (57 kB)**

 

----

**Suggested citation:**

Thompson, R.F., Johnson, M.R., and Anderson, M.J., 2007, Data collected to support monitoring of constructed emergent sandbar habitat on the Missouri River downstream from Gavins Point Dam, South Dakota and Nebraska, 2004–06: U.S. Geological Survey Open-File Report 2007–1056, 178 p.

----

### Contents

Abstract

Introduction 

Purpose and Scope

Description of Study Areas

Methods of Study

Bathymetric Survey

Instrumentation

Methods

Quality Assurance/Quality Control

Topographic Survey

Instrumentation

Methods

Quality Assurance/Quality Control

Water-Velocity Data Collection

Instrumentation

Methods

Quality Assurance/Quality Control

Bathymetric, Topographic, and Water-Velocity Data

Bathymetric and Topographic Data

Transect Cross Sections

Surface Visualization Maps

Water-Velocity Data

Summary

References Cited

Supplemental Information

Section A. Transect Cross Sections

Section B. Color-Shaded Water-Velocity Profiles of Upstream Study Area

Section C. Data for Study Areas

Data Sets

 

----

AccessibilityFOIAPrivacyPolicies and Notices

U.S. Department of the Interior | U.S. Geological Survey	URL: *http://pubsdata.usgs.gov/pubs/of/2007/1056/index.html*	Questions or Assistance: Contact USGS	Last modified: Wednesday, 07-Dec-2016 20:10:47 EST
### §1719. Mineral interests; reservation and conveyance requirements and procedures

(a) All conveyances of title issued by the Secretary, except those involving land exchanges provided for in section 1716 of this title, shall reserve to the United States all minerals in the lands, together with the right to prospect for, mine, and remove the minerals under applicable law and such regulations as the Secretary may prescribe, except that if the Secretary makes the findings specified in subsection (b) of this section, the minerals may then be conveyed together with the surface to the prospective surface owner as provided in subsection (b).

(b)(1) The Secretary, after consultation with the appropriate department or agency head, may convey mineral interests owned by the United States where the surface is or will be in non-Federal ownership, regardless of which Federal entity may have administered the surface, if he finds (1) that there are no known mineral values in the land, or (2) that the reservation of the mineral rights in the United States is interfering with or precluding appropriate nonmineral development of the land and that such development is a more beneficial use of the land than mineral development.

(2) Conveyance of mineral interests pursuant to this section shall be made only to the existing or proposed record owner of the surface, upon payment of administrative costs and the fair market value of the interests being conveyed.

(3) Before considering an application for conveyance of mineral interests pursuant to this section—

(i) the Secretary shall require the deposit by the applicant of a sum of money which he deems sufficient to cover administrative costs including, but not limited to, costs of conducting an exploratory program to determine the character of the mineral deposits in the land, evaluating the data obtained under the exploratory program to determine the fair market value of the mineral interests to be conveyed, and preparing and issuing the documents of conveyance: Provided, That, if the administrative costs exceed the deposit, the applicant shall pay the outstanding amount; and, if the deposit exceeds the administrative costs, the applicant shall be given a credit for or refund of the excess; or

(ii) the applicant, with the consent of the Secretary, shall have conducted, and submitted to the Secretary the results of, such an exploratory program, in accordance with standards promulgated by the Secretary.

(4) Moneys paid to the Secretary for administrative costs pursuant to this subsection shall be paid to the agency which rendered the service and deposited to the appropriation then current.

(Pub. L. 94–579, title II, §209, Oct. 21, 1976, 90 Stat. 2757.)
#### Farmer *v.*Butler, Stevens & Company.

April 11, 1912.

Complaint. Before Judge Thomas. Tift superior court. July 4, 1911.

*Bidgill & Griner,*for plaintiff in error.

*Adams & Adams,*contra.

Evans, P. J.

This case is controlled by the case of *Timmons*v. *Butler, Stevens & Company,*this day decided.

*Judgment aJSvrmed.*

*All the Justices concur.*
§ 55.26 Adoption of another agency's review under the Executive orders. If a proposed action covered under this part is already covered in a prior review performed under Executive Order 11988 or Executive Order 11990 by another agency, including HUD or a different responsible entity, that review may be adopted by HUD or by a responsible entity authorized under 24 CFR part 58 without further public notice, provided that: ( a ) There is no pending litigation relating to the other agency's review for floodplain management or wetland protection;
( b ) The adopting agency makes a finding that: ( 1 ) The action currently proposed has not substantially changed in project description, scope, and magnitude from the action previously reviewed by the other agency; and
( 2 ) There has been no material change in circumstances since the previous review was conducted; and
( c ) HUD assistance must be conditioned on mitigation measures prescribed in the previous review.
[59 FR 19107, Apr. 21, 1994, as amended at78 FR 68734, Nov. 15, 2013; 89 FR 30913, Apr. 23, 2024]
Transport Airplane Directorate 1601 Lind Avenue, S.W. Renton, W ashington 98057 - 3356

April 29 , 2013 Mr. Oscar Hernandez Lead Certification Engineer LiveTV 8900 Hanger Boulevard Orlando, FL 32827 Dear Mr . Hernandez : We received your April 16 , 2013 petition for exemption from the requirements of Title 14, Code of Federal Regulations (14 CFR) 25.571(e)(1), for Airbus Model A321 airplanes . The exemption, if granted, would allow installation of Ka Band radomes on Airbus Model A321 airplanes that do not meet FAA bird- strike - damage tolerance requirements. This request, which you submitted to the Department of Transportation’s Federal Docket Management S ys tem (FDMS), has be en given Docket No. FAA - 2013 - 03 7 3 . We are reviewing your request and will contact you if we need additional information. I f you have any questions or concerns regarding your petition or the petition process, please contact Todd Martin, ANM - 115 at 425 - 227 - 1178 or e - mail Todd.Martin @faa.gov. Sincere ly ,

Michael Menkin Transport Airplane Directorate Aircraft Certification Service
#### § 242.22 Maximum fees and charges by mortgagee.

The mortgagee may collect from the mortgagor the amount of the fees provided for in this subpart. The mortgagee may also collect from the mortgagor an initial service charge not to exceed 2 percent of the original principal amount of the mortgage to reimburse the mortgagee for the cost of closing the transaction. A permanent financing fee not to exceed 3.5 percent may be collected from the mortgagor; however, the combined initial service charge and permanent financing fee may not exceed 5.5 percent in bond transactions and 3.5 percent in all other transactions. Any additional charges or fees collected from the mortgagor shall be subject to prior approval of HUD and shall be clearly disclosed in the Mortgagee's Certificate.
#### § 246.21 Rental charges.

The Department finds that it is necessary and desirable to minimize defaults by the mortgagor in its financial obligations with regard to projects covered by this subpart, and to assist mortgagors to preserve the continued viability of those projects as a housing resource for low-income families. The Department also finds that it is necessary and desirable to protect the substantial economic interest of the Federal Government in those projects. Therefore, the Department concludes that it is in the national interest to preempt, and it does hereby preempt, the entire field of rent regulation by local rent control boards, (hereinafter referred to as board), or other authority, acting pursuant to state or local law as it affects projects covered by this subpart.

[40 FR 49318, Oct. 22, 1975. Redesignated at 44 FR 58506, Oct. 10, 1979, and at 49 FR 6713, Feb. 23, 1984]
### §931. Navigable rivers as public highways

All navigable rivers, within the territory occupied by the public lands, shall remain and be deemed public highways; and, in all cases where the opposite banks of any streams not navigable belong to different persons, the stream and the bed thereof shall become common to both.

(R.S. §2476.)

#### **Editorial Notes**

#### Codification

R.S. §2476 derived from acts May 18, 1796, ch. 29, §9, 1 Stat. 468; Mar. 3, 1803, ch. 27, §17, 2 Stat. 235.
### §3313. Moneys from sale of records payable into the Treasury

Moneys derived by agencies of the Government from the sale of records disposed of under this chapter shall be paid into the Treasury of the United States unless otherwise required by law.

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1302.)

#### Historical and Revision Notes

Based on 44 U.S. Code, 1964 ed., §379 (July 7, 1943, ch. 192, §14, 57 Stat. 383).
### §1705. Printing additional copies for sale to public; regulations

The Director of the Government Publishing Office shall print additional copies of a Government publication, not confidential in character, required for sale to the public by the Superintendent of Documents, subject to regulation by the Joint Committee on Printing and without interference with the prompt execution of printing for the Government.

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1279; Pub. L. 113–235, div. H, title I, §1301(c)(1), Dec. 16, 2014, 128 Stat. 2537.)

#### Historical and Revision Notes

Based on 44 U.S. Code, 1964 ed., §72 (May 11, 1922, ch. 189, §1, 42 Stat. 541; June 30, 1932, ch. 314, §307, 47 Stat. 409).

#### **Editorial Notes**

#### Amendments

2014—Pub. L. 113–235 substituted "Director of the Government Publishing Office" for "Public Printer".