alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

for the Fifth Circuit ____________

No. 23-50701

Summary Calendar

____________

United States of America, 

Plaintiff—Appellee,

versus

Eric Silva-Gomez,

Defendant—Appellant.

______________________________

Appeal from the United States District Court 

for the Western District of Texas

USDC No. 1:21-CR-152-5

______________________________

Before Jolly, Engelhardt, and Douglas, Circuit Judges.

Per Curiam:*

The attorney appointed to represent Eric Silva-Gomez 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). 

Silva-Gomez has not filed a response. We have reviewed counsel’s brief and 

the relevant portions of the record reflected therein. We concur with 

counsel’s assessment that the appeal presents no nonfrivolous issue for 

_____________________

* This opinion is not designated for publication. See 5th Cir. R. 47.5.

United States Court of Appeals

Fifth Circuit

FILED

May 30, 2024

Lyle W. Cayce

Clerk

Case: 23-50701 Document: 48-1 Page: 1 Date Filed: 05/30/2024
No. 23-50701

2

appellate review. Accordingly, counsel’s motion for leave to withdraw is 

GRANTED, counsel is excused from further responsibilities herein, and 

the appeal is DISMISSED. See 5th Cir. R. 42.2.

Case: 23-50701 Document: 48-1 Page: 2 Date Filed: 05/30/2024
411.600 Scope of subpart.       The Defense Priorities and Allocation System (DPAS) excludes USDA activities (see 15 CFR 700.18(b)). USDA Contracting Officers are not authorized to place rated orders under DPAS.    **Parent topic:** Subpart 411.6 - Priorities and Allocations
Case 2:06-cv-00717-ID-SRW Document 73 Filed 08/24/2007 Page 1 of 2
Case 2:06-cv-00717-ID-SRW Document 73 Filed 08/24/2007 Page 2 of 2
<TABLE> <S> <C>

<ARTICLE>                              5

<S>                                                        <C>
<PERIOD-TYPE>                                              3-MOS
<FISCAL-YEAR-END>                                          APR-30-2001
<PERIOD-START>                                             MAY-01-2000
<PERIOD-END>                                               JUL-31-2000
<CASH>                                                            724
<SECURITIES>                                                        0
<RECEIVABLES>                                                 314,877
<ALLOWANCES>                                                 (277,310)
<INVENTORY>                                                         0
<CURRENT-ASSETS>                                               38,291
<PP&E>                                                         25,462
<DEPRECIATION>                                                (12,816)
<TOTAL-ASSETS>                                                 50,937
<CURRENT-LIABILITIES>                                         413,380
<BONDS>                                                             0
<PREFERRED-MANDATORY>                                               0
<PREFERRED>                                                        53
<COMMON>                                                       79,595
<OTHER-SE>                                                   (442,291)
<TOTAL-LIABILITY-AND-EQUITY>                                   50,937
<SALES>                                                             0
<TOTAL-REVENUES>                                                    0
<CGS>                                                               0
<TOTAL-COSTS>                                                       0
<OTHER-EXPENSES>                                               13,459
<LOSS-PROVISION>                                                    0
<INTEREST-EXPENSE>                                                  0
<INCOME-PRETAX>                                               (13,459)
<INCOME-TAX>                                                      800
<INCOME-CONTINUING>                                           (14,259)
<DISCONTINUED>                                                      0
<EXTRAORDINARY>                                                     0
<CHANGES>                                                           0
<NET-INCOME>                                                  (14,259)
<EPS-BASIC>                                                   (0.00)
<EPS-DILUTED>                                                   (0.00)



</TABLE>
###### Editorial Note on Part 91

#### Editorial Note:

Nomenclature changes to part 91 appear at 61 FR 51350, Oct. 2 1996.

#### § 91.41 Charges for demonstrations and courses of instruction.

Charges, not in excess of the cost thereof and as approved by the Deputy Administrator, may be made for demonstrations, samples, or courses of instruction when such are furnished upon request.

[58 FR 42415, Aug. 9, 1993, as amended at 65 FR 64314, Oct. 26, 2000]
2931.101 Objectives.

Individual and class deviations from cost principles in FAR part 31 must be processed as prescribed

in DOLAR subpart 2901.4.

Parent topic: Subpart 2931.1 - Applicability
§ 993.35 Powers. The committee shall have the following powers: ( a ) To administer the terms and provisions of this subpart;
( b ) To make rules and regulations to effectuate the terms and provisions of this subpart;
( c ) To receive, investigate, and report to the Secretary complaints of violations of this subpart; and
( d ) To recommend to the Secretary amendments to this subpart.
Subpart 709.4—Debarment, Suspension and Ineligibility    **Parent topic:** PART 709—CONTRACTOR QUALIFICATIONS709.403 Definitions.       *Debarring official* in USAID is the Assistant Administrator, Bureau for Management, or designee as delegated in Agency policy found in ADS 103—Delegations of Authority.          *Suspending official* in USAID is the Assistant Administrator, Bureau for Management, or designee as delegated in Agency policy found in ADS 103—Delegations of Authority.
#### In the Matter of Yolanda McCombs, Appellant, v Alice Sachs et al., Constituting the Board of Elections of the City of New York, Respondents, and Edward Evans, Respondent. In the Matter of Edward Evans, Respondent, v Yolanda McCombs, Appellant, and Frank X. Gargiulo et al., Constituting the Board of Elections of the City of New York, Respondents.

Judgments, Supreme Court, Bronx County, each entered on April 3, *5401980, unanimously affirmed, without costs and without disbursements. No opinion. Concur—Ross, J. P„ Markewich, Lupiano, Bloom and Carro, JJ.
#### § 760.1606 General provisions.

Losses will be determined total production in storage at time of loss. Eligibility and payments will be based on physical location of storage. Payments will be made on commodities that were completely lost or destroyed while in storage due to the qualifying weather related event.
Materials Not Included in

Airworthiness Directive (AD) Docket

 Docket Number: FAA-2013-0702

 Directorate Identifier: 2012NM181AD

SB-328-52-460, R1 --- 8/17/11

Name/Description of Item(s) Not Included in FDMS Docket and Maintained in the 

Supplemental AD Docket

MAY BE VIEWED AT: Federal Aviation Administration

Transport Airplane Directorate

Rules Docket

1601 Lind Ave. SW.,

Renton, WA 98057

425.227.1221

DURING THE HOURS OF: 9 a.m. and 3 p.m., Monday through Friday,

except Federal holidays.

Form Date: 03/05/2008
II 

109TH CONGRESS 

2D SESSION S. 3209 

To suspend temporarily the duty on Ethene, tetrafluoro, oxidized, polymerized, 

reduced, decarboxylated. 

IN THE SENATE OF THE UNITED STATES 

MAY 25, 2006 

Mr. LAUTENBERG introduced the following bill; which was read twice and 

referred to the Committee on Finance 

A BILL 

To suspend temporarily the duty on Ethene, tetrafluoro, 

oxidized, polymerized, reduced, decarboxylated. 

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

3 SECTION 1. ETHENE, TETRAFLUORO, OXIDIZED, POLYM4 ERIZED, REDUCED, DECARBOXYLATED. 

5 (a) IN GENERAL.—Subchapter II of chapter 99 of 

6 the Harmonized Tariff Schedule of the United States is 

7 amended by inserting in numerical sequence the following 

8 new heading: 

‘‘ 9902.38.16 Ethene, tetrafluoro, oxidized, polymerized, reduced, decarboxylated (CAS No. 

161075–02–1) (provided for in subheading 3824.90.91) ................................ Free No change No change On or before 

12/31/2009 ’’. 


ycherry on PROD1PC64 with BILLS
2 

•S 3209 IS 

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

2 this section shall apply with respect to goods entered, or 

3 withdrawn from warehouse for consumption, on or after 

4 the 15th day after the date of enactment of this Act. 

Æ 


ycherry on PROD1PC64 with BILLS
Case 1:06-mc-03331-MEF-TFM Document 12 Filed 03/13/2007 Page 1 of 2
Case 1:06-mc-03331-MEF-TFM Document 12 Filed 03/13/2007 Page 2 of 2
<PAGE>

Exhibit 31.3

                                 CERTIFICATION*

I, Mark C. Corcoran, certify that:

1. I have reviewed this quarterly report on Form 10-Q of Outdoor Channel
Holdings, Inc.;

2. Based on my knowledge, this report 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 with respect to the period covered by this report;

3. Based on my knowledge, the financial statements and other financial
information included in this report fairly present in all material respects the
financial condition, results of operations and cash flows of the registrant as
of, and for, the periods presented in this report;

4. The registrant's other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

         (a) Designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our supervision, to
ensure that material information relating to the registrant, including its
consolidated subsidiaries, is made known to us by others within those entities,
particularly during the period in which this report is being prepared;

         (b) Evaluated the effectiveness of the registrant's disclosure controls
and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the
period covered by this report based on such evaluation; and

         (c) Disclosed in this report any change in the registrant's internal
control over financial reporting that occurred during the registrant's most
recent fiscal quarter (the registrant's fourth fiscal quarter in the case of an
annual report) that has materially affected, or is reasonably likely to
materially affect, the registrant's internal control over financial reporting;
and

5. The registrant's other certifying officers and I have disclosed, based on our
most recent evaluation of internal control over financial reporting, to the
registrant's auditors and the audit committee of the registrant's board of
directors (or persons performing the equivalent function):

         (a) All significant deficiencies and material weaknesses in the design
or operation of internal control over financial reporting which are reasonably
likely to adversely affect the registrant's ability to record, process,
summarize and report financial information; and

         (b) Any fraud, whether or not material, that involves management or
other employees who have a significant role in the registrant's internal control
over financial reporting

Date: April 30, 2004     /s/ Mark C. Corcoran
                         -----------------------------------------------
                         MARK C. CORCORAN, Chief Accounting Officer
Subpart 2.1 - Definitions

Parent topic: PART 2902 - DEFINITIONS OF WORDS AND TERMS

2902.101 Definitions.

(a) Commonly used words and terms are defined in FAR subpart 2.1. This part 2902 gives DOLspecific meanings for some of these words and terms and defines other words and terms commonly

used in the DOL acquisition process.

(b) The following words and terms are used as defined in this subpart unless the context in which

they are used clearly requires a different meaning, or a different definition is prescribed for a

particular part or portion of a part:

Competition Advocate The Competition Advocate for the Department of Labor is appointed by the

Assistant Secretary for Administration and Management and is defined in FAR 6.5 and 2906.5. If the

appointee is recused from a procurement action, the Assistant Secretary for Administration and

Management may designate another official to act in that capacity.

Contracting Activity means an agency or component office within the Department of Labor with

specific responsibility for managing contract functions pursuant to one or more warrants signed by

the Senior Procurement Executive (or the Office of the Inspector General for its contracting activity).

Contracting Officer's Technical Representative means the individual appointed by the contracting

officer to represent the Department of Labor's programmatic interests on a Department of Labor

contract, task order, or delivery order. This individual is responsible to the contracting officer for

overseeing receipt and acceptance of goods/services by the Government, reporting on the

contractor's performance, and approving/disapproving payment to the contractor. Authority is

otherwise limited to giving technical direction to the contractor within the framework of the contract

(see 2901.603-71). This position may go by other titles, such as: a technical point of contact (TPOC)

or Contacting Officer's Representative (COR).

Head of Agency (also called agency head), for the FAR and DOLAR only, means the Secretary of

Labor or his/her designee except that the Secretary of Labor is the Head of Agency for acquisition

actions, which by the terms of a statute or delegation must be performed specifically by the

Secretary of Labor; the Inspector General is the Head of Agency in all cases for the Office of the

Inspector General.

Head of Contracting Activity (HCA) means the official who has overall responsibility for managing

the contracting activity, when the contracting activity has more than one person with a warrant

issued by the Senior Procurement Executive or, in the case of the Office of the Inspector General,

issued by the Inspector General or his/her designee. Each Head of Agency may designate HCA(s) as

appropriate to be responsible for managing contracting activities within his or her respective

Agency.

Senior Procurement Executive means the Deputy Assistant Secretary for Administration and

Management or his/her designee.
#### § 986.42 Warehousing.

*Warehousing* means to hold assessed or unassessed inventory.
#### § 983.22 Pistachios.

*Pistachios* means the nuts of the pistachio tree of the genus and species *Pistacia vera* grown in the production area, whether inshell or shelled.

[74 FR 56539, Nov. 2, 2009]
#### In the Matter of Grand Central Building, Inc., Respondent, v Harry S. Tishelman, Appellant.

Order and judgment (one paper), Supreme Court, New York County, entered on May 14, 1980, unanimously affirmed for the reasons stated by Scott, J., without costs and without disbursements. Concur—Kupferman, J. P., Sullivan, Lupiano, Lynch and Carro, JJ.
711.002-70 Metric system waivers.       (a) *Criteria.* The (48 CFR) FAR 11.002(b) requirement to use the metric system of measurement for specifications and quantitative data that are incorporated in or required by USAID contracts may be waived when USAID determines in writing that such usage is impractical or is likely to cause U.S. firms to experience significant inefficiencies or the loss of markets.          (b) *Authorization.*          (1)  			The USAID Metric Executive (as designated in ADS Chapter 323), the contracting officer, and the USAID official who approves the procurement requirement are authorized to waive the metric requirement for one of the above reasons. The USAID Metric Executive is authorized to overrule a decision to grant a waiver, or to nullify a blanket waiver made by another approving official so long as a contractor's rights under an executed contract are not infringed upon.          (2) A blanket waiver for a class of multiple transactions may be issued for a term not to exceed three years.          (3) When a waiver will be based upon the adverse impact on U.S. firms, clearance from the USAID Metric Executive and the Office of Small and Disadvantaged Business Utilization (OSDBU) will be obtained prior to authorization.          (c) *Records and reporting.*          (1)  			The basis for each waiver and any plans to adapt similar requirements to metric specifications in future procurements should be documented in the contract file.          (2) Each procurement activity will maintain a log of the waivers from the metric requirements which are authorized for its procurements. The logs shall list the commodity/service being procured, total dollar value of the procured item(s), waiver date, authorizing official, basis for waiver, and USAID actions that can promote metrication and lessen the need for future waivers.          (3) Within 30 days of the closing of each fiscal year, each USAID/W procurement activity and each Mission will submit a copy of the metric waiver log for the year to the USAID Metric Executive. (Mission logs are to be consolidated in a Mission report for the procurement activity and for the nonprocurement activities maintaining such logs under the USAID Metric Transition Plan.) Repetitive purchases of commercially produced and marketed items and classes of items may be consolidated in reporting procurements that do not exceed $10,000 cumulatively during the reporting period.    **Parent topic:** PART 711—DESCRIBING AGENCY NEEDS
Exhibit 32.1



CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

AS ADDED BY

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report on Form 10-Q of First Community Financial Corporation, (the Company for the period ended March 31,
2004, as filed with the Securities and Exchange Commission (the Report), I, James R. McLaughlin, Chief Executive Officer of the Company, 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 of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and



2. To my knowledge, the information contained in the Report fairly presents, in all material respects, the financial condition and results of the
operations of the Company as of and for the period covered by the Report.



|                   |  |     |  |                                     
|------------------ |  | --- |  | ------------------------------------
|Date: May 13, 2004 |  | By: |  | /s/ James R. McLaughlin             
|                   |  |     |  | James R. McLaughlin, President & CEO
1349.402-3 Procedure for default

No action relating to a default termination, including issuance of a show cause letter, cure notice, or

notice of default, shall be taken unless notice has been provided to Procurement Counsel and the

Procurement Executive, and the action has been reviewed for legal sufficiency.

Parent topic: Subpart 1349.4 - Termination for Default
#### ANDERSON, Respondent, v. EBLING, Appellant.

(Supreme Court, Appellate Division, Second Department.

July 31, 1914.)

Action by John A. Anderson against Mollie Ebling.

No opinion. Order affirmed, with $10 costs and disbursements.
**Exhibit 31.2**

 

CERTIFICATIONS

 

I, Mark Mareske, certify that:

 

1.               Ihave reviewed this quarterly report on Form 10-Q of Logan County Bancshares,Inc.

 

2.               Basedon my knowledge, this annual report does not contain any untrue statement of amaterial fact omit to state a material fact necessary to make the statementsmade, in light of the circumstances  under which such statements were made, not misleading with respect tothe period covered by this annual report;

 

3.               Basedon my knowledge, the financial statements, and other financial informationincluded in this annual report, fairly present in all material respects thefinancial condition, results of operations and cash flows of the registrant asof, and for, the periods presented in this annual report;

 

4.               Theregistrant’s other certifying officers and I are responsible for establishingand maintaining

disclosurecontrols and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14)for the     registrant and have:

 

a)              designedsuch disclosure controls and procedures to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, is madeknown to us by others within those entities, particularly during the period inwhich this annual report is being prepared;

 

b)             evaluatedthe effectiveness of the registrant’s disclosure controls and procedures as ofa date within 90 days prior to the filing date of this annual report (the“Evaluation Date”); and

 

c)              presentedin this annual report our conclusions about the effectiveness of  the disclosure controls and procedures basedon our evaluation as of the Evaluation Date;

 

5.               Theregistrant’s other certifying officers and I have disclosed, based on our mostrecent evaluation,

to the  registrant’s auditors and the audit committeeof  registrant’s board of directors (orpersons   performing the equivalentfunctions):

 

a)              allsignificant deficiencies in the design or operation of internal controls whichcould adversely affect the registrant’s ability to report, process, summarizeand report financial data and have identified for the registrant’s auditors anymaterial weaknesses in internal controls; and

 

b)             anyfraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal controls;  and

 

6.               Theregistrant’s other certifying officers and I have indicated in this annualreport whether there were significant changes in internal controls or in otherfactors that could significantly affect internal controls subsequent to thedate  of our most recent evaluation,including any corrective actions with regard to significant deficiencies andmaterial weaknesses.

 

 
| Date: | August 11,  2003 |   | /s/ Mark  Mareske |   | Vice  President & CFO |   |
|-------|------------------|--------|-------------------|--------|---------------------------|--------|

 

----
Subpart 1330.2 - CAS Program Requirements

Parent topic: PART 1330 - COST ACCOUNTING STANDARDS ADMINISTRATION

1330.201 Contract requirements.

1330.201-5 Waiver.

The designee authorized to waive the applicability of Cost Accounting Standards for a particular

contract or subcontract is set forth in CAM 1301.70.

1330.202 Disclosure requirements.

1330.202-2 Impracticality of submission.

The DOC Head of Agency for Procurement is authorized to determine that it is impractical to secure

a Disclosure Statement, although submission is required, and to authorize contract award without

obtaining the Statement.
Subpart 643.1—General

Parent topic: PART 643—CONTRACT MODIFICATIONS

643.102 Policy.

643.102-70 Contract compliance and review.

When applicable, the contracting officer shall ensure the proposed contract modification complies

with the competition requirements of FAR Part 6 and DOSAR Part 606.

643.104 Notification of contract changes.

643.104-70 DOSAR contract clause.

The contracting officer shall insert the clause at 652.243–70, Notices, in all solicitations and

contracts exceeding the micro-purchase threshold which are awarded and/or performed overseas.