alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
I 

113TH CONGRESS 

1ST SESSION H. R. 185 

To designate the United States courthouse located at 101 East Pecan Street 

in Sherman, Texas, as the ‘‘Paul Brown United States Courthouse’’. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 4, 2013 

Mr. HALL introduced the following bill; which was referred to the Committee 

on Transportation and Infrastructure 

A BILL 

To designate the United States courthouse located at 101 

East Pecan Street in Sherman, Texas, as the ‘‘Paul 

Brown United States Courthouse’’. 

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

3 SECTION 1. DESIGNATION. 

4 The United States courthouse located at 101 East 

5 Pecan Street in Sherman, Texas, shall be known and des6 ignated as the ‘‘Paul Brown United States Courthouse’’. 

7 SEC. 2. REFERENCES. 

8 Any reference in a law, map, regulation, document, 

9 paper, or other record of the United States to the United 

10 States courthouse referred to in section 1 shall be deemed 


srobinson on DSK4SPTVN1PROD with 
2 

•HR 185 IH

1 to be a reference to the ‘‘Paul Brown United States Court2 house’’. 

Æ 


srobinson on DSK4SPTVN1PROD with
###### Editorial Note on Subchapter B of Chapter XIV

#### Editorial Note:

For Federal Register citations to regulations affecting previous program years not included in this volume, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at *www.govinfo.gov.*

#### § 1463.113 Issuance of payments in event of death.

If a quota holder or tobacco producer who is eligible to receive a payment under this subpart dies, the right to receive payments shall be transferred to the estate of the quota holder or tobacco producer unless such person is survived by a spouse or one or more dependents, in which case the right to receive the payments shall be transferred to the surviving spouse.
* Local Rule 47.5 provides: "The publication of opinions

that have no precedential value and merely decide particular

cases on the basis of well-settled principles of law imposes

needless expense on the public and burdens on the legal

profession." Pursuant to that Rule, the court has determined

that this opinion should not be published.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

No. 95-10077 

Conference Calendar

__________________

UNITED STATES OF AMERICA,

 Plaintiff-Appellee,

versus

BRADLEY RAY SARGENT,

 Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:94-CR-75-A-1

- - - - - - - - - -

August 22, 1995

Before KING, JOLLY, and WIENER, Circuit Judges.

PER CURIAM:*

Bradley Ray Sargent contends that the district court

erroneously enhanced his sentence for obstruction of justice and

denied him a downward adjustment for acceptance of

responsibility. The standard of review with respect to upward

adjustments for obstruction of justice and with respect to the

denial of an acceptance-of-responsibility adjustment is "clearly

erroneous." See United States v. Winn, 948 F.2d 145, 161 (5th
No. 95-10077

-2-

Cir. 1991), cert. denied, 503 U.S. 976 (1992); United States v.

Watkins, 911 F.2d 983, 984 (5th Cir. 1990). 

Section 3C1.1 of the sentencing guidelines specifically

contemplates the use of the obstruction enhancement when a

defendant either obstructs or "attempts" to obstruct justice. 

U.S.S.G. § 3C1.1. The district court made a separate factual

finding at sentencing that it was "satisfied that [Sargent's]

goal was to cause those people to give false testimony or a false

affidavit in exchange for restitution, so to speak. I consider

that to be obstruction of justice." Even viewed in the light

most favorable to Sargent, the affidavits evidence Sargent's

attempt to obstruct justice. 

A defendant who receives an offense-level enhancement for

obstruction of justice qualifies for a reduction based on

acceptance of responsibility only in extraordinary circumstances. 

§ 3E1.1, comment. (n.4). "Conduct resulting in an enhancement

under § 3C1.1 . . . ordinarily indicates that the defendant has

not accepted responsibility for his criminal conduct." Id. 

The district court did not clearly err in determining that

Sargent's conduct warranted the obstruction-of-justice

enhancement and that he was not entitled to a reduction in his

offense level for acceptance of responsibility. Sargent's

sentence is AFFIRMED.
§ 1738.204 Evaluation for feasibility. After a loan or loan/grant combination Applicant is notified that the application is complete, the Agency will evaluate the application's financial and technical feasibility. Only applications that, as determined by the Agency, are technically and financially feasible will be considered for funding. ( a ) The Agency will determine financial feasibility by evaluating the impact of the facilities financed with the proceeds of the loan and the associated debt, the Applicant's equity, competitive analysis, financial information—including the Applicant's ability to meet the Agency's Net worth and TIER, DSCR, or CR requirements in § 1738.206(b)(2)(i)—and other relevant information in the application.
( b ) The Agency will determine technical feasibility by evaluating the Applicant's network design and other relevant information in the application.
Editorial Note on Subchapter B of Chapter XIV
Editorial Note: For Federal Register citations to regulations affecting previous program years not included in this volume, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at *www.govinfo.gov .*

§ 1471.12 Refund of duties paid on imports of certain wool products. ( a ) *Eligible wool.* Eligible wool under the Duty Refund program means imported wool yarn of the kind described in section 505 of the Trade and Development Act of 2000 Public Law 106-200 (May 18, 2000).
( b ) *Payments* — ( 1 ) *Eligibility.* Persons eligible for a Duty Refund payment are manufacturers who, in the year immediately preceding the payment, were actively engaged in manufacturing wool (as determined by FAS), and in calendar years 2000, 2001, and 2002— ( i ) Imported eligible wool directly or indirectly; and
( ii ) Used the imported wool to make men's or boy's suits; or
( iii ) Further manufactured the eligible imported wool.
( 2 ) *Payment amount.* Persons eligible for a Duty Refund payment shall be paid the same amounts that were made to the persons by U.S. Customs and Border Protection (CBP) in 2005.
**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

 

In connection withAmendment No. 1 to the Annual Report of M.L. Macadamia Orchards, L.P. (the“Partnership”) for the period ended December 31, 2008 on Form 10-K/Aas filed with the Securities and Exchange Commission on the date hereof (the “Report”),we, the undersigned management of the Partner, certify, pursuant to 18 U.S.C. Section 1350,as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,that,

 

(1)          The Report fully complies with the requirements ofsection 13 (a) or 15 (d) of the Securities Exchange Act of 1934; and

 

(2)          The information contained in the Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Partnership.

 
| /s/ Dennis J. Simonis                  |   |
|----------------------------------------|--------|
|                                   |   |
| Dennis J. Simonis                      |   |
| President and Chief  Executive Officer |   |
| June 15, 2009                     |   |

 

----
Exhibit 32.1

 

**Certification of Chief Executive Officer Required by Rule 13a-14(b) and Section 1350 of Chapter 63 of Title 18 of the United States Code**

 

            I, J. Reid Porter, the President and Chief Executive Officer of PRP-GP LLC, which is the Administrative Managing General Partner of Phosphate ResourcePartners Limited Partnership ("PLP"), and in that capacity also the chief executive officer of PLP, certify that (i) the Annual Report on Form 10-K for the Fiscal Year ended December 31, 2003 of PLP fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934 and (ii) the information contained in such report fairly presents, in all material respects, the financial condition and results of operations of PLP.

 

March 12, 2004

 

             J. ReidPorter                J. Reid Porter

 

*Return to Phosphate Resource Partners Limited PartnershipForm 10-K*
Exhibit 32.2

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF
2002

The undersigned, the Chief Financial Officer of Gladstone Investment Corporation (the Company), hereby certifies on the
date hereof, pursuant to 18 U.S.C. §1350(a), as adopted pursuant to Section 906 of The Sarbanes-Oxley Act of 2002, that the Quarterly Report on Form 10-Q for the quarter ended June 30, 2012 (Form 10-Q), filed
concurrently herewith by the Company, fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934, as amended, and that the information contained in the Form 10-Q fairly
presents, in all material respects, the financial condition and results of operations of the Company.

Dated: July 30, 2012



|                                     
|-------------------------------------
|/s/ David Watson                     
|David Watson                         
|Chief Financial Officer and Treasurer
Editorial Note on Subchapter B of Chapter XIV
Editorial Note: For Federal Register citations to regulations affecting previous program years not included in this volume, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at *www.govinfo.gov .*

§ 1464.23 Funding. ( a ) Except as otherwise provided in this subpart, NRCS will only provide technical and financial assistance to producers through program contracts as described in subpart C of this part.
( b ) Notwithstanding the restriction set forth in paragraph (a) of this section, NRCS may provide technical and financial assistance to a partner: ( 1 ) Where the partnership agreement is funded through an alternative funding arrangement or grant agreement under § 1464.25; or
( 2 ) Pursuant to a supplemental agreement executed in furtherance of a partnership agreement, as set forth in § 1464.26.
( c ) Notwithstanding the restriction set forth in paragraph (a) of this section, pursuant to a partnership agreement or supplemental agreement, NRCS may provide funding to a partner for technical assistance for an eligible purpose, such as: ( 1 ) Providing outreach and education for potential participation in the project;
( 2 ) Establishing baseline metrics to support the development of the assessment required under § 1464.22(d)(6); or
( 3 ) Providing technical assistance to producers.
( d ) Notwithstanding the restriction set forth in paragraph (a) of this section, NRCS may enter into third-party contracts or agreements to meet its responsibilities under the program using program funding.
( e ) Any funding provided by NRCS under paragraphs (a) through (d) of this section will count against the total amount of funding that NRCS agreed to provide to the project under the terms of the partnership agreement.
# J a

~ 

## LEAGUE OF COfVSERV,4TlOfi1 !/OTE9i5

My name is Mark Sheridan and I am here to express support for the Environmental Protection Agency's proposal to set limits on carbon pollution from power plants. I am here as an intern at League of Conservation Voters, a student at Dartmouth College, but most importantly as a representative of today's youth. We are already experiencing the effects of a warming climate caused by human activities, and if we don't take action, my generation will have to deal with even more extreme impacts. My generation understands the risks that are at stake: a 2013 poll showed that 80% of individuals under the age of 35 support the President's Climate Action Plan, which includes the EPA's limits on carbon pollution from power plants as a main pillar. It is critical that we take aggressive action on climate change today in order to avoid more devastating impacts in the future. Despite repeated warnings from a strong consensus of scientists over the past several decades, Congress has failed to take action. This failure to act is caused by members of Congress who are more concerned about protecting the profits of polluters than protecting the health of communities and the environment. Among members of Congress in office today who obstruct efforts to address climate change, many of them are over the age of 60 or 70. They will not have to (ive with the most extreme impacts of climate change. But my generation will. Thankfully the EPA has proposed to take action on climate change. The EPA's plan is a sensible step in reducing carbon pollution from our nation's largest source of carbon emissions. As it currently stands, power plants which account for 40% of U.S. carbon emissions are allowed to emit carbon pollution for free. The EPA's plan changes this and puts our country on a path to a more livable future. The opponents of this plan will try to say that now is not the right time for limits on carbon pollution. But the status quo is not an option. Continuing to dump carbon pollution into the atmosphere with no limits will lead to climate disaster. In the interest of my generation and future generations, we must act now to address climate change. The EPA's plan to reduce carbon pollution from power plants is a bold step in 

### addressing climate change and I am proud to support it, along with overwhelming majority of people my age. Thank you. 

### Mark Sheridan League of Conservatfon Voters mark_sheridan@Icv.org 

### 202-454-4583 1920 L Street NW, Suite 800 • Washington, DC 20036 • 202-785-8683 • Fax: 202-835-0491 Icv@Icv.org • www.lcv.org
Editorial Note on Part 1940
Editorial Note: Nomenclature changes to part 1940 appear at 80 FR 9876, Feb. 24, 2015.

§ 1940.592 Community facilities grants. ( a ) *Amount available for allocations.* See § 1940.552(a).
( b ) *Basic formula criteria, data source, and weight.* See § 1940.552(b). ( 1 ) The criteria used in the basic formula are: ( i ) State's percentage of National rural population—50 percent.
( ii ) State's percentage of National rural population with income below the poverty level—50 percent.
( 2 ) The data source for the first criterion is the most recent decennial Census data. The data source for the second criterion is the 5-year data from the American Community Survey (ACS) or, if needed, other Census Bureau data. Each criterion is assigned a specific weight according to its relevance in determining need. The percentage representing each criterion is multiplied by the weight factor and summed to arrive at a State factor (SF). SF (criterion (b)(1)(i) × 50 percent) + (criterion (b)(1)(ii) × 50 percent)
( c ) *Basic formula allocation.* See § 1940.552(c). States receiving administrative allocations do not receive formula allocations.
( d ) *Transition formula.* The transition formula for Community Facilities Grants is not used.
( e ) *Base allocation.* See § 1940.552(e). States receiving administrative allocations do not receive base allocations.
( f ) *Administrative allocation.* See § 1940.552(f). States participating in the formula base allocation procedures do not receive administrative allocations.
( g ) *Reserve.* See § 1940.552(g).
( h ) *Pooling of funds.* See § 1940.522(h). Funds will be pooled at midyear and yearend. Pooled funds will be placed in the National Office reserve and will be made available administratively.
( i ) *Availability of the allocation.* See § 1940.552(i).
( j ) *Suballocation by State Director.* See § 1940.552(j).
( k ) *Other documentation.* Not applicable.
[62 FR 16468, Apr. 7, 1997, as amended at 80 FR 9877, Feb. 24, 2015]
#### § 1775.9 OMB control number.

The information collection requirements contained in this part have been approved by the Office of Management and Budget and have been assigned OMB control number 0572-0112.
§ 1787.2 Definitions. For purpose of this part, the following terms have the following meanings: *Administrator.* The Administrator of the RUS, or his/her designee.
*Buy American.* A provision of the RE Act requiring that loan funds only be used to purchase products made in the U.S. or an eligible country.
*Component.* Any article, material, or supply, whether manufactured or unmanufactured, that is directly incorporated into the end product at the final assembly location.
*Domestic product.* A product or like product which both: ( 1 ) Is manufactured in the United States or in any eligible country; and
( 2 ) Contains components manufactured in the United States or in any eligible country consisting of more than 50 percent of the total cost of all components used in the product.
*Eligible country.* Any country that the United States Trade Representative determines as having corporations located therein, as eligible to enter into contract with an RUS Borrower, under which loan funds will be provided for unmanufactured and manufactured goods.
*Loan funds.* Funds provided under an RUS direct or guaranteed loan.
*Manufactured.* The application of processes to alter the form or function of materials or of elements of the product such that value is added or the materials or elements are transformed into a new end product functionally different from that which would result from mere assembly of the materials or elements.
*Nondomestic bid.* An offer to sell a nondomestic product to an RUS borrower.
*Nondomestic product.* Any product other than a domestic product or product from an eligible country.
*Product.* An item of manufactured material or assembled components, which is complete and capable of performing an intended practical purpose.
*RE Act.* Rural Electrification Act of 1936, as amended (7 U.S.C. 901 *et seq.*).
*RUS.* The Rural Utilities Service.
*RUS Borrower.* Any organization that has an outstanding RUS loan made or guaranteed by RUS pursuant to the RE Act.
*Telecommunications.* Any communication service for the transmission or reception of voice, data, sounds, signals, pictures, writings, or signs of all kinds, by wire, fiber, radio, light, or other visual or electromagnetic means, including all telephone lines, facilities, or systems used in the rendition of such service; but shall not be deemed to mean message telegram service or community antenna television system services or broadcasting facilities other than those intended exclusively for educational purposes, or radio broadcasting services or facilities within the meaning of section 3(o) of the Communications Act of 1934, as amended.
*Unmanufactured.* With respect to articles, materials, or supplies, refers to such goods that have not been manufactured.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM BLUE DOLPHIN
ENERGY COMPANY AND SUBSIDIARIES CONSOLIDATED FINANCIAL STATEMENTS AND
INCORPORATED HEREIN BY REFERENCE.
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<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                       1,207,323
<SECURITIES>                                         0
<RECEIVABLES>                                  744,283
<ALLOWANCES>                                         0
<INVENTORY>                                     28,460
<CURRENT-ASSETS>                             2,050,406
<PP&E>                                      25,163,290
<DEPRECIATION>                               4,535,945
<TOTAL-ASSETS>                              24,226,611
<CURRENT-LIABILITIES>                        1,133,293
<BONDS>                                      2,060,600
<PREFERRED-MANDATORY>                                0
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<COMMON>                                       667,691
<OTHER-SE>                                  18,935,878
<TOTAL-LIABILITY-AND-EQUITY>                24,226,611
<SALES>                                        378,266
<TOTAL-REVENUES>                             4,128,568
<CGS>                                        1,320,485
<TOTAL-COSTS>                                4,080,129
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<INTEREST-EXPENSE>                              16,790
<INCOME-PRETAX>                                155,091
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<INCOME-CONTINUING>                            112,877
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<NET-INCOME>                                  (178,327)
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</TABLE>
#### James Austin et al., Respondents-Appellants, v Dominick D. Tangredi, Appellant-Respondent.

— In a negligence action to recover damages for personal injuries, etc., defendant appeals from a judgment of the Supreme Court, Dutchess County, entered January 2, 1979, which is in favor of plaintiffs and against him, upon a jury verdict. The plaintiffs have abandoned their cross appeal from the said judgment. Judgment affirmed, with costs to plaintiffs. In our opinion, the finding of liability against the defendant and the damages awarded to plaintiffs are supported by the evidence adduced at trial. Hollen, P. J., Damiani, Lazer and Hargett, JJ., concur.
§ 1776.7 DWS Grant application process. ( a ) The applicant must complete and submit the following standard forms to RUS to apply for a DWS grant under this part: ( 1 ) Application for Federal Assistance: *Standard Form 424,*
( 2 ) Budget Information—Non-Construction Programs: *Standard Form 424A,* and
( 3 ) Assurances—Non-Construction Programs: *Standard Form 424B.*
( b ) The applicant must submit a written work plan that demonstrates the feasibility of the applicant's lending program to meet the objectives of this part.
( c ) The applicant should submit a narrative establishing the basis for any claims that it has substantial expertise in promoting the safe and productive use of individually-owned decentralized water systems. The Secretary will give priority to an applicant that demonstrates it has substantial experience of this type.
( d ) The applicant must submit: ( 1 ) A pro forma balance sheet at start-up and projected balance sheets for at least three additional years,
( 2 ) Financial statements for the last three years, or from inception of the operations of the grant recipient if less than three years, and
( 3 ) Projected cash flow and earnings statements for at least three years, supported by a list of assumptions showing the basis for the projections. The projected earnings statement and balance sheets must include one set of projections specific to the revolving loan fund, and a separate set of projections that detail the proposed applicant organization's total operations.
( e ) The applicant may submit such additional information as it elects to support and describe its plan for achieving the objectives of this part.
#### STATE OF CONNECTICUT *v.*EMISAEL VAZQUEZ

(AC 23343)

Flynn, Bishop and McLachlan, Js.

Argued November 18

officially released December 30, 2003

Per Curiam.

The judgment is affirmed.