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

FOR THE FIFTH CIRCUIT

No. 15-50918

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JAVIER LUJAN GARCIA,

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 3:15-CR-496-1

Before HIGGINBOTHAM, ELROD, and SOUTHWICK, Circuit Judges.

PER CURIAM:*

Javier Lujan Garcia pleaded guilty to one count of being found in the 

United States following deportation. The district court implicitly denied Lujan 

Garcia’s request for a downward variance and sentenced him within the 

advisory guidelines range to 41 months in prison, to be followed by a threeyear term of nonreporting supervised release. Lujan Garcia argues on appeal 

that his trial counsel rendered ineffective assistance by failing to argue at 

 

* 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.

United States Court of Appeals

Fifth Circuit

FILED

July 15, 2016

Lyle W. Cayce

Clerk

 Case: 15-50918 Document: 00513594216 Page: 1 Date Filed: 07/15/2016
No. 15-50918

2

sentencing the points that were raised in the defense sentencing 

memorandum, failing to request specific relief, and failing to object on the 

record at sentencing to preserve Lujan Garcia’s appellate arguments. In 

addition, Lujan Garcia complains that his trial counsel’s failure to specify how 

double counting his criminal history affected the sentence imposed constituted 

ineffective assistance and that combining the double counting argument with 

Lujan Garcia’s family situation made the request for a downward variance 

unclear.

This court generally does not review claims of ineffective assistance of 

counsel on direct appeal. United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 

2014). We have “undertaken to resolve claims of inadequate representation on 

direct appeal only in rare cases where the record allowed us to evaluate fairly 

the merits of the claim.” United States v. Higdon, 832 F.2d 312, 314 (5th Cir. 

1987). In most instances, we qualify a claim as a “rare case” warranting review 

only when it was raised and developed in a post-trial motion to the district 

court. United States v. Stevens, 487 F.3d 232, 245 (5th Cir. 2007). Lujan 

Garcia did not raise these ineffective assistance claims in the district court at 

any time. Because the record is not sufficiently developed to allow for a fair 

consideration of these claims, we decline to consider them on direct appeal 

without prejudice to Lujan Garcia’s right to raise them on collateral review. 

See Isgar, 739 F.3d at 841. Accordingly, the judgment of the district court is 

AFFIRMED.

 Case: 15-50918 Document: 00513594216 Page: 2 Date Filed: 07/15/2016
Editorial Note on Part 982
Editorial Note: Nomenclature changes to part 982 appear at 64 FR 26640, May 14, 1999, and at 89 FR 38293, May 7, 2024.

§ 982.205 Waiting list: Different programs. ( a ) *Merger and cross-listing* — ( 1 ) *Merged waiting list.* A PHA may merge the waiting list for tenant-based assistance with the PHA waiting list for admission to another assisted housing program, including a federal or local program. In admission from the merged waiting list, admission for each federal program is subject to federal regulations and requirements for the particular program.
( 2 ) *Non-merged waiting list: Cross-listing.* If the PHA decides not to merge the waiting list for tenant-based assistance with the waiting list for the PHA's public housing program, project-based voucher program or moderate rehabilitation program: ( i ) If the PHA's waiting list for tenant-based assistance is open when an applicant is placed on the waiting list for the PHA's public housing program, project-based voucher program or moderate rehabilitation program, the PHA must offer to place the applicant on its waiting list for tenant-based assistance.
( ii ) If the PHA's waiting list for its public housing program, project-based voucher program or moderate rehabilitation program is open when an applicant is placed on the waiting list for its tenant-based program, and if the other program includes units suitable for the applicant, the PHA must offer to place the applicant on its waiting list for the other program.
( b ) *Other housing assistance: Effect of application for, receipt or refusal.* ( 1 ) For purposes of this section, “other housing subsidy” means a housing subsidy other than assistance under the voucher program. Housing subsidy includes subsidy assistance under a federal housing program (including public housing), a State housing program, or a local housing program.
( 2 ) The PHA may not take any of the following actions because an applicant has applied for, received, or refused other housing assistance: ( i ) Refuse to list the applicant on the PHA waiting list for tenant-based assistance;
( ii ) Deny any admission preference for which the applicant is currently qualified;
( iii ) Change the applicant's place on the waiting list based on preference, date and time of application, or other factors affecting selection under the PHA selection policy; or
( iv ) Remove the applicant from the waiting list.
[59 FR 36682, July 18, 1994, as amended at 61 FR 27163, May 30, 1996; 63 FR 23860, Apr. 30, 1998; 64 FR 26643, May 14, 1999; 65 FR 16821, Mar. 30, 2000; 80 FR 8246, Feb. 17, 2015]
#### § 581.11 Unsuitable properties.

The landholding agency will defer, for 20 days after the date that notice of a property is published in the Federal Register, action to dispose of properties determined unsuitable for homeless assistance. HUD will inform landholding agencies or GSA if appeal of an unsuitability determination is filed by a representative of the homeless pursuant to § 581.4(f)(4). HUD will advise the agency that it should refrain from initiating disposal procedures until HUD has completed its reconsideration process regarding unsuitability. Thereafter, or if no appeal has been filed after 20 days, GSA or the appropriate landholding agency may proceed with disposal action in accordance with applicable law.
1

Danielle Lewis

From: Jordan, Ronald [mailto:Jordan.Ronald@epa.gov] 

Sent: Monday, April 21, 2014 8:51 PM 

To: Thomas Finseth; Deborah Bartram; Flanders, Phillip

Subject: FW: SCE&G schematic 

From: Bonkoski, Bill (GE Power & Water) [mailto:Bill.Bonkoski@ge.com] 

Sent: Monday, April 21, 2014 3:03 PM 

To: Jordan, Ronald 

Subject: FW: SCE&G schematic 

Hey Ron, 

Nice speaking with you as well. Whenever you need anything, please reach out to me, I will always try to get back to 

you straight away. Ron, I have not connected yet to confirm the site of the IPL pilot, I will get back to you on that. The 

simple SCE&G pilot flowsheet is shown below along with the plots we referenced. To be clear, the brown and lighter 

green lights next to the yellow arrow are the pond influents. The sort of purple line to the left is the toxicity of the 

pretreated influent after ferrous chloride addition with lime and HCl (unclear to me what adding lime and acid was 

expected to accomplish). The red line shows that biomass grew well after the additional pretreatment hat we put in 

place. We will try to continue these types of toxicity tests on different ww samples. We strongly believe that this type 

of test will sort out the issues here. 

Best, 

Bill 
2
NASA LogoNTRSNTRS - NASA Technical Reports ServerSearchmore_vertCollectionsAboutNewsHelpLogin Back to ResultsIntergration effects of D-shaped, underwing, aft-mounted, separate-flow, flow-through nacelles on a high-wing transportAn experimental investigation was conducted in the Langley 16-Foot Transonic Tunnel at freestream Mach numbers from 0.70 to 0.82 and angles of attack from -3.0 to 4.0 deg to determine the integration effects of D-shaped, underwing, aft-mounted, separate-flow, flow-through nacelles on a high-wing transonic transport configuration. The results showed that the aft-mounted nacelle/pylon produced an increase in lift over that of the wing-body configuration by pressurizing much of the wing lower surface in front of the pylon. For the D-shaped nacelle, a substantial region of supersonic flow over the wing, aft of the lip of the nacelle, cancelled the reduction in drag caused by the increase in pressures ahead of the lip, to increase interference and form drag compared with a similar circular-shaped nacelle. The installed drag of the D=shaped nacelle was essentially the same as that of an aft-mounted circular nacelle from a previous investigation.Document ID19880001391Acquisition SourceLegacy CDMSDocument TypeTechnical Memorandum (TM)AuthorsLamb, Milton*(NASA Langley Research Center Hampton, VA, United States)*Carlson, John R.*(NASA Langley Research Center Hampton, VA, United States)*Pendergraft, Odis C., Jr.*(NASA Langley Research Center Hampton, VA, United States)*Date AcquiredSeptember 5, 2013Publication DateNovember 1, 1987Subject CategoryAerodynamicsReport/Patent NumberNASA-TM-4018L-16342NAS 1.15:4018Accession Number88N10773Funding Number(s)PROJECT: RTOP 505-68-91-06Distribution LimitsPublicCopyrightWork of the US Gov. Public Use Permitted.Available DownloadsNameType19880001391.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
### **CHAPTER 505—OTHER GENERAL PROVISIONS**

Sec.
50501.
Entities deemed citizens of the United States.
50502.
Applicability to receivers, trustees, successors, and assigns.
50503.
Oceanographic research vessels.
50504.
Sailing school vessels.
### §80502. Application of Convention

The Convention applies to an owner of a container used in international transport if the owner is domiciled or has its principal office in the United States.

(Pub. L. 109–304, §11, Oct. 6, 2006, 120 Stat. 1694.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 80502 | 46 App.:1502(a) (related to application of Convention). | Pub. L. 95–208, §3(a) (related to application of Convention), Dec. 13, 1977, 91 Stat. 1476. |

Section

This section restates the applicability criteria of 46 App.:1502(a)(1) and (2) to improve the organization of the chapter.
§ 905.310 Disbursements from HUD. ( a ) The PHA shall initiate a fund requisition from HUD only when funds are due and payable, unless HUD approves another payment schedule as authorized by 2 CFR 200.305.
( b ) The PHA shall maintain detailed disbursement records to document eligible expenditures (e.g., contracts or other applicable documents), in a form and manner prescribed by HUD.
[78 FR 63770, Oct. 24, 2013, as amended at 80 FR 75942, Dec. 7, 2015]
### §55118. Foreign railroads whose road enters by ferry, tugboat, or towboat

A foreign railroad, whose road enters the United States by ferry, tugboat, or towboat, may own and operate a vessel not having a coastwise endorsement in connection with the water transportation of the passenger, freight, express, baggage, and mail cars used by that road, together with the passengers, freight, express matter, baggage, and mails transported in those cars. However, the foreign railroad is subject to the same restrictions imposed by law on a vessel of the United States entering a port of the United States from the same foreign country. Except as otherwise authorized by this chapter, the ferry, tugboat, or towboat may not, under penalty of forfeiture, be used in the transportation of merchandise between ports or places in the United States to which the coastwise laws apply.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1640.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 55118 | 46 App.:316(c). | R.S. §4370(c); restated June 11, 1940, ch. 324, 54 Stat. 304. |

Section

The words "company or corporation" after "foreign railroad" are omitted as unnecessary. The words "vessel not having a coastwise endorsement" are substituted for "such vessel" (referring to a vessel described in 46 App. U.S.C. 316(a)) for clarity and because of the reorganization of the source material in the revised title. The words "However, the foreign railroad is subject to the same restrictions imposed by law on a vessel of the United States entering a port of the United States from the same foreign country" are substituted for "without being subject to any other or different restrictions than those imposed by law on any vessel of the United States entering ports of the United States from ports in the same foreign country" to eliminate unnecessary words. The words "Except as otherwise authorized by this chapter" are substituted for "except as authorized by section 883 of this Appendix" because of the reorganization of the source material in the revised title. The words "its Territories or possessions" are omitted as unnecessary because of the definition of "United States" in chapter 1 of the revised title.
§ 883.604 Maximum annual commitment and project account. ( a ) *Maximum annual commitment.* The maximum annual contribution that may be contracted for in the ACC is the total of the contract rents and utility allowances for all assisted units in the project, plus the HUD-approved fees, if any, for State Agency administration of the Contract. (See § 883.606)
( b ) *Project Account.* ( 1 ) A project account will be established and maintained by HUD as a specifically identified and segregated account for each project. The account will be established out of the amounts by which the maximum annual commitment exceeds the amount actually paid out under the ACC each year. Payments will be made from this account for housing assistance payments (and fees for Agency admininstration, if appropriate) when needed to cover increases in contract rents or decreases in tenant rents and for other costs specifically approved by the Secretary.
( 2 ) Whenever a HUD-approved estimate of required payments under the ACC for a fiscal year exceeds the maximum annual commitment and would cause the amount in the project account to be less than 40 percent of the maximum, HUD will, within a reasonable period of time, take such additional steps authorized by Section 8(c)(6) of the 1937 Act, as may be necessary, to assure that payments under the ACC will be adequate to cover increases in contract rents and decreases in tenant rents.
[45 FR 6889, Jan. 30, 1980, as amended at 61 FR 13593, Mar. 27, 1996]
|                                                 |               |                     | State or Other  |   |       |   |
|------------------------------------------------------|--------------------|--------------------------|-----------------|--------|------------|--------|
|                                                 |               |                     | Jurisdiction of |   | Percentage |   |
|                                                 |               |                     | Incorporation   |   | Ownership  |   |
| Parent                                               |     |      |            |   |       |   |
|                                                 |               |                     |            |   |       |   |
| Kentucky First Federal Bancorp                       |               |                     | United States   |   |       | N/A    |   |
|                                                 |               |                     |            |   |       |   |   |
| Subsidiaries (1)                                     |     |           |            |   |       |   |   |
|                                                 |               |                     |            |   |       |   |   |
| First Federal Savings and Loan Association of Hazard |               |                     | United States   |   |       | 100    | % |
|                                                 |               |                     |            |   |       |   |   |
| Frankfort First Bancorp, Inc.                        |               |                     | Delaware        |   |       | 100    | % |
|                                                 |               |                     |            |   |       |   |   |
| First Federal Savings Bank of Frankfort (2)          |               |                     | United States   |   |       | 100    | % |

----

|  (1) | The assets, liabilities and operations of the subsidiaries are included in the consolidated financial statements contained in the Annual Report to Stockholders attached hereto as Exhibit 13. |
|-----------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| (2) | Wholly owned subsidiary of Frankfort First Bancorp, Inc., which is a wholly-owned subsidiary of Parent. |
|-----|---------------------------------------------------------------------------------------------------------|

----
Exhibit 21.1 OHA INVESTMENT CORPORATION  SUBSIDIARIES 1.

          OHA Funding GP, LLC, a Texas limited liability company 2.

          OHA Nevada, LLC, a Nevada limited liability company 3.

          OHA Funding, LP, a Texas limited partnership 4.

          OHA Asset Holdings GP, LLC, a Texas limited liability company 5.

          OHA Asset Holdings, LP, a Texas limited partnership 6.

          OHA Asset Holdings II, LP, a Texas limited partnership 7.

          OHA Asset Holdings III, LP, a Texas limited partnership 8.

          OHA Asset Holdings V, LP, a Texas limited partnership 9.

          OHA Asset Holdings VI, LP, a Texas limited partnership 10.

          OHA/OCI Holdings, LLC, a Delaware limited liability company
### **CHAPTER 6—COMMUNICATIONS SATELLITE SYSTEM**

#### SUBCHAPTER I—GENERAL PROVISIONS

Sec.
701.
Omitted.
702.
Definitions.
703.
Repealed.

#### SUBCHAPTER II—FEDERAL COORDINATION, PLANNING, AND REGULATION

721.
Implementation of policy.

#### SUBCHAPTER III—COMMUNICATIONS SATELLITE CORPORATION

731 to 735. Omitted.

#### SUBCHAPTER IV—MISCELLANEOUS PROVISIONS

741 to 744. Omitted.

#### SUBCHAPTER V—INTERNATIONAL MARITIME SATELLITE TELECOMMUNICATIONS

751, 752.
Omitted.
753.
Implementation of policy.
754 to 756. Repealed.
757.
Definitions.

#### SUBCHAPTER VI—COMMUNICATIONS COMPETITION AND PRIVATIZATION

#### Part A—Actions To Ensure Pro-Competitive Privatization

761.
Federal Communications Commission licensing.
761a.
Incentives; limitation on expansion pending privatization.

#### Part B—Federal Communications Commission Licensing Criteria: Privatization Criteria

763.
General criteria to ensure a pro-competitive privatization of INTELSAT and Inmarsat.
763a.
Specific criteria for INTELSAT.
763b.
Repealed.
763c.
Space segment capacity of the GMDSS.
763d.
Encouraging market access and privatization.

#### Part C—Deregulation and Other Statutory Changes

765.
Access to INTELSAT.
765a.
Signatory role.
765b.
Elimination of procurement preferences.
765c.
ITU functions.
765d.
Termination of provisions of this chapter.
765e.
Repealed.
765f.
Satellite auctions.
765g.
Exclusivity arrangements.

#### Part D—Negotiations To Pursue Privatization

767.
Methods to pursue privatization.

#### Part E—Definitions

769.
Definitions.
### Part B—Inspection and Regulation of Vessels

#### Historical and Revision Notes

Part B provides authority and responsibility for the inspection and regulation of vessels by the Coast Guard. This part specifies those vessels subject to inspection, those that are specifically exempt from inspection, and related inspection requirements and procedures. Due to the need for special requirements for the inspection and regulation of passenger vessels and those vessels carrying liquid bulk dangerous cargoes separate chapters have been developed. Additional chapters provide for recreational vessels and those other vessels that are regulated but are not subject to inspection and certification by the Coast Guard. It should also be noted that the United States is signatory to a number of international treaties on maritime safety and seamen's welfare, such as the various Safety of Life at Sea (SOLAS) treaties, and that their provisions and requirements are part of United States maritime law and in many cases are quite extensive.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM PJ AMERICA'S
CONSOLIDATED FINANCIAL STATEMENTS FOR THE THREE MONTHS ENDED SEPTEMBER 26, 1999
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-26-1999
<PERIOD-START>                             JUN-28-1999
<PERIOD-END>                               SEP-26-1999
<CASH>                                           2,778
<SECURITIES>                                    10,505
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                        678
<CURRENT-ASSETS>                                 9,970
<PP&E>                                          34,390
<DEPRECIATION>                                 (7,305)
<TOTAL-ASSETS>                                  50,626
<CURRENT-LIABILITIES>                            5,068
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            57
<OTHER-SE>                                      43,971
<TOTAL-LIABILITY-AND-EQUITY>                    50,626
<SALES>                                         24,425
<TOTAL-REVENUES>                                24,425
<CGS>                                            7,761
<TOTAL-COSTS>                                   21,241
<OTHER-EXPENSES>                                 1,224
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               (166)
<INCOME-PRETAX>                                  2,126
<INCOME-TAX>                                       723
<INCOME-CONTINUING>                              1,403
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,403
<EPS-BASIC>                                       0.24
<EPS-DILUTED>                                     0.24


</TABLE>