alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED May 17, 2007 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-40393 Summary Calendar

UNITED STATES OF AMERICA Plaintiff - Appellee

v. CARMEN MARITZA DIAZ-BEARD Defendant - Appellant

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 5:05-CR-2362-ALL

-------------------- Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges.
PER CURIAM: * Carmen Maritza Diaz-Beard (Diaz) appeals the 41-month term of imprisonment imposed upon her guilty plea to illegal reentry following deportation. She contends that her sentence is unreasonable because of the deference given by this court to sentences within a properly-calculated guidelines range. Specifically, she challenges the presumption of reasonableness applied to guidelines sentences, see United States v. Alonzo , 435 F.3d 551, 554 (5th Cir. 2006), and our precedent forbidding a sentencing court from imposing a nonguidelines sentence basedNo. 06-40393 -2- solely upon a policy disagreement with a sentence enhancement recommended by the Guidelines. See United States v. Tzep-Mejia , 461 F.3d 522, 527 (5th Cir. 2006). Conceding that her arguments are foreclosed by circuit precedent, Diaz seeks only to preserve them for appeal. Diaz further asserts that the “felony” and “aggravated felony” provisions of 8 U.S.C. § 1326(a) and (b) cause the statute to be unconstitutional. This argument is also foreclosed. See Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998). Although Diaz contends that Almendarez-Torres was incorrectly decided and that a majority of the Supreme Court would overrule Almendarez-Torres in light of Apprendi v. New Jersey , 530 U.S. 466 (2000), we have repeatedly rejected such arguments on the basis that Almendarez-Torres remains binding.
See United States v. Garza-Lopez , 410 F.3d 268, 276 (5th Cir.), cert. denied , 126 S. Ct. 298 (2005). Diaz properly concedes that the argument is foreclosed and raises it here to preserve it for further review. The judgment of the district court is AFFIRMED.
[Federal Register Volume 75, Number 242 (Friday, December 17, 2010)]
[Notices]
[Page 79006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31712]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration


Council on Graduate Medical Education; Notice of Meeting

    In accordance with section 10(a)(2) of the Federal Advisory 
Committee Act (Pub. L. 92-463), notice is hereby given of the following 
meeting:
    Name: Council on Graduate Medical Education (COGME).
    Dates and Times: January 19, 2011, 8:30 a.m.-4 p.m., January 20, 
2011, 8:30 a.m.-12:15 p.m.
    Place: Hilton Washington DC/Rockville Executive Meeting Center, 
1750 Rockville Pike, Rockville, MD 20852. Telephone: (301) 468-1100.
    Status: The meeting will be open to the public.
    Agenda: On the morning of January 19, following welcoming remarks 
from the COGME Chair, HRSA senior management, and the Executive 
Secretary of COGME, there will be an introduction of COGME members.
    The rest of the first day will consist of presentations covering 
various aspects of graduate medical education, Bureau of Health 
Professions activities concerning health workforce issues, a study of 
primary care physician projections by state, and work of the Medicare 
Payment and Advisory Commission on GME issues.
    On January 20, there will be presentations on the findings and 
recommendations of COGME's 20th report, Advancing Primary Care (cover 
date December 2010). It is expected that the rest of the morning will 
be taken up in discussions in exploring the topic for COGME's next 
report.
    Agenda items are subject to change as priorities dictate.

FOR FURTHER INFORMATION CONTACT: Anyone interested in obtaining a 
roster of members or other relevant information should write or contact 
Jerald M. Katzoff, Executive Secretary, COGME, Division of Medicine and 
Dentistry, Bureau of Health Professions, Parklawn Building, Room 9A-27, 
5600 Fishers Lane, Rockville, Maryland 20857, Telephone (301) 443-4443. 
The Web address for information on the Council and the January 19-20, 
2011 meeting agenda is http://cogme.gov.

    Dated: December 9, 2010.
Robert Hendricks,
Director, Division of Policy and Information Coordination.
[FR Doc. 2010-31712 Filed 12-16-10; 8:45 am]
BILLING CODE 4165-15-P
# SUBCHAPTER E - GENERAL CONTRACTING REQUIREMENTS

- PART 2128 - BONDS AND INSURANCE 
- PART 2129 - TAXES 
- PART 2131 - CONTRACT COST PRINCIPLES AND PROCEDURES 
- PART 2132 - CONTRACT FINANCING 
- PART 2133 [RESERVED] 

- PART 2128 - BONDS AND INSURANCE    - Subpart 2128.3 - Insurance     - 2128.370   Contract clause.
- PART 2129 - TAXES    - Subpart 2129.1 - General     - 2129.170   Policy.
  - Subpart 2129.3 - State and Local Taxes     - 2129.302   Application of State and local taxes to the Government.
    - 2129.305   State and local tax exemptions.
  - Subpart 2129.4 - Contract Clauses     - 2129.401   Domestic contracts.
    - 2129.401-70   FEGLI Program contract clauses.
- PART 2131 - CONTRACT COST PRINCIPLES AND PROCEDURES    - Subpart 2131.1 - Applicability     - 2131.103   Contracts with commercial organizations.
    - 2131.109   Advance agreements.
  - Subpart 2131.2 - Contracts With Commercial Organizations     - 2131.201   General.
    - 2131.201-5   Credits.
    - 2131.203   Indirect costs.
    - 2131.205   Selected costs.
    - 2131.205-1   Public relations and advertising costs.
    - 2131.205-3   Bad debts.
    - 2131.205-6   Compensation for personal services.
    - 2131.205-32   Precontract costs.
    - 2131.205-38   Selling costs.
    - 2131.205-41   Taxes.
    - 2131.205-43   Trade, business, technical and professional activity costs.
    - 2131.205-70   Major subcontractor service charge.
    - 2131.205-71   Reinsurer administrative expense costs.
    - 2131.270   Contract clauses.
- PART 2132 - CONTRACT FINANCING     - Subpart 2132.1 - General     - 2132.170   Recurring premium payments to Contractors.
    - 2132.171   Contract clause.
  - Subpart 2132.6 - Contract Debts     - 2132.607   Tax credit.
    - 2132.617   Contract clause.
  - Subpart 2132.7 - Contract Funding     - 2132.770   Insurance premium payments and special contingency reserve.
    - 2132.771   Non-commingling of FEGLI Program funds.
    - 2132.772   Contract clause.
  - Subpart 2132.8 - Assignment of Claims     - 2132.806   Contract clause.
- PART 2133 [RESERVED]
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 18-11290

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

MARK LEE,

Defendant-Appellant

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:16-CR-199-1

Before KING, ELROD, and WILLETT, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Mark Lee 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). Lee 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 appellate review. 

 

* 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

May 22, 2019

Lyle W. Cayce

Clerk

 Case: 18-11290 Document: 00514967884 Page: 1 Date Filed: 05/22/2019
No. 18-11290

2

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: 18-11290 Document: 00514967884 Page: 2 Date Filed: 05/22/2019
120 STAT. 1772 PUBLIC LAW 109–332—OCT. 12, 2006

LEGISLATIVE HISTORY—H.R. 5606:

CONGRESSIONAL RECORD, Vol. 152 (2006):

Sept. 27, considered and passed House.

Sept. 29, considered and passed Senate.

Æ

Public Law 109–332

109th Congress

An Act

To designate the Federal building and United States courthouse located at 221

and 211 West Ferguson Street in Tyler, Texas, as the ‘‘William M. Steger Federal

Building and United States Courthouse’’.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. DESIGNATION.

The Federal building and United States courthouse located

at 221 and 211 West Ferguson Street in Tyler, Texas, shall be

known and designated as the ‘‘William M. Steger Federal Building

and United States Courthouse’’.

SEC. 2. REFERENCES.

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

or other record of the United States to the Federal building and

United States courthouse referred to in section 1 shall be deemed

to be a reference to the ‘‘William M. Steger Federal Building and

United States Courthouse’’.

Approved October 12, 2006.

Oct. 12, 2006

[H.R. 5606]
#### § 50.102 Commission order for operation after revocation.

Whenever the Commission finds that the public convenience and necessity, or the Department finds that the production program of the Department requires continued operation of a production or utilization facility, the license for which has been revoked, the Commission may, after consultation with the appropriate federal or state regulatory agency having jurisdiction, order that possession be taken of such facility and that it be operated for a period of time as, in the judgment of the Commission, the public convenience and necessity or the production program of the Department may require, or until a license for operation of the facility shall become effective. Just compensation shall be paid for the use of the facility.

[40 FR 8790, Mar. 3, 1975]
2808.802 Policy.

The Director, Facilities and Administrative Services Staff (FASS), JMD, has been designated to serve

as the central printing authority for the DOJ, for purposes of FAR 8.802(b).

Parent topic: Subpart 2808.8 - Acquisition of Printing and Related Supplies
H. Res. 323

In the House of Representatives, U.S., 

June 22, 2006.

Whereas an estimated 12,400 children will be diagnosed with 

cancer in the year 2005; 

Whereas cancer is the leading cause of death by disease in 

children under age 15; 

Whereas an estimated 2,300 children will die from cancer in 

the year 2005; 

Whereas the incidence of cancer among children in the 

United States is rising by about one percent each year; 

Whereas 1 in every 330 Americans develops cancer before age 

20; 

Whereas approximately 8 percent of deaths of those between 

1 and 19 years old are caused by cancer; 

Whereas while some progress has been made, a number of 

promising opportunities for childhood cancer research 

still remain untapped; 

Whereas limited resources for childhood cancer research can 

hinder the recruitment of investigators and physicians to 

pediatric oncology; 

Whereas peer-reviewed clinical trials are the standard of care 

for pediatrics and have improved cancer survival rates 

among children; 
2

•HRES 323 EH 

Whereas the number of survivors of childhood cancers continues to grow, with about 1 in 640 adults between ages 

20 to 39 who have a history of cancer; 

Whereas up to two-thirds of childhood cancer survivors are 

likely to experience at least one late effect from treatment, many of which may be life-threatening; 

Whereas some late effects of cancer treatment are identified 

early in follow-up and are easily resolved, while others 

may become chronic problems in adulthood and may have 

serious consequences; and 

Whereas 89 percent of children with cancer experience substantial suffering in the last month of life: Now, therefore, be it

Resolved, That it is the sense of the House of Representatives that the Congress should support—

(1) public and private sector efforts to promote 

awareness about the incidence of cancer among children, 

the signs and symptoms of cancer in children, treatment 

options, and long-term follow-up; 

(2) pediatric cancer research to improve prevention, 

diagnosis, treatment, rehabilitation, post-treatment monitoring, and long-term survival; 

(3) policies that encourage medical trainees and investigators to enter the field of pediatric oncology; 

(4) policies that encourage the development of 

drugs and biologics designed to treat pediatric cancers; 

(5) policies that encourage participation in clinical 

trials; 
3

•HRES 323 EH 

(6) efforts to encourage the incorporation of pain 

management for pediatric cancer patients into medical 

education curricula; and 

(7) policies that enhance education, services, and 

other resources related to late effects from treatment.

Attest: 

Clerk.
§ 460.203 Service hot water. ( a ) Service hot water systems installed by the manufacturer must be installed according to the service hot water manufacturer's installation instructions. Where service hot water systems are installed by the manufacturer, the manufacturer must ensure that any maintenance instructions received from the service hot water system manufacturer are provided with the manufactured home. The service hot water requirements are adapted from section R403 of the 2021 IECC.
( b ) Any automatic and manual controls, temperature sensors, pumps associated with service hot water systems must provide access.
( c ) Heated water circulation systems must— ( 1 ) Be provided with a circulation pump;
( 2 ) Ensure that the system return pipe is a dedicated return pipe or a cold water supply pipe;
( 3 ) Not include any gravity or thermosyphon circulation systems;
( 4 ) Ensure that controls for circulating heated water circulation pumps start the pump based on the identification of a demand for hot water within the occupancy; and
( 5 ) Ensure that the controls automatically turn off the pump when the water in the circulation loop is at the desired temperature and when there is no demand for hot water.
( d ) All hot water pipes— ( 1 ) Outside conditioned space must be insulated to a minimum *R-*value of *R-*3; and
( 2 ) From a service hot water system to a distribution manifold must be insulated to a minimum *R-*value of *R-*3.
Editorial Note on Part 26
Editorial Note: Nomenclature changes to part 26 appear at 87 FR 71455, Nov. 22, 2022.

§ 26.35 Employee assistance programs. ( a ) Each licensee and other entity who is subject to this part shall maintain an EAP to strengthen the FFD program by offering confidential assessment, short-term counseling, referral services, and treatment monitoring to individuals who have problems that could adversely affect the individuals' abilities to safely and competently perform their duties. Employee assistance programs must be designed to achieve early intervention and provide for confidential assistance.
( b ) Licensees and other entities need not provide EAP services to a C/V's employees, including those whose work location is a licensee's or other entity's facility, or to individuals who have applied for, but have not yet been granted, authorization under subpart C of this part.
( c ) The EAP staff shall protect the identity and privacy of any individual (including those who have self-referred) seeking assistance from the EAP, except if the individual waives the right to privacy in writing or a determination is made that the individual's condition or actions pose or have posed an immediate hazard to himself or herself or others. ( 1 ) Licensees and other entities may not require the EAP to routinely report the names of individuals who self-refer to the EAP or the nature of the assistance the individuals sought.
( 2 ) If EAP personnel determine that an individual poses or has posed an immediate hazard to himself or herself or others, EAP personnel shall so inform FFD program management, and need not obtain a written waiver of the right to privacy from the individual. The individual conditions or actions that EAP personnel shall report to FFD program management include, but are not limited to, substantive reasons to believe that the individual— ( i ) Is likely to commit self-harm or harm to others;
( ii ) Has been impaired from using drugs or alcohol while in a work status and has a continuing substance abuse disorder that makes it likely he or she will be impaired while in a work status in the future; or
( iii ) Has ever engaged in any acts that would be reportable under § 26.719(b)(1) through (b)(3).
( 3 ) If a licensee or other entity receives a report from EAP personnel under paragraph (c)(2) of this section, the licensee or other entity shall ensure that the requirements of §§ 26.69(d) and 26.77(b) are implemented, as applicable.
§ 36.31 Control of source movement. ( a ) The mechanism that moves the sources of a panoramic irradiator must require a key to actuate. Actuation of the mechanism must cause an audible signal to indicate that the sources are leaving the shielded position. Only one key may be in use at any time, and only operators or facility management may possess it. The key must be attached to a portable radiation survey meter by a chain or cable. The lock for source control must be designed so that the key may not be removed if the sources are in an unshielded position. The door to the radiation room must require the same key.
( b ) The console of a panoramic irradiator must have a source position indicator that indicates when the sources are in the fully shielded position, when they are in transit, and when the sources are exposed.
( c ) The control console of a panoramic irradiator must have a control that promptly returns the sources to the shielded position.
( d ) Each control for a panoramic irradiator must be clearly marked as to its function.
Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A20A0199. DONALD LEON ADAMS, JR. v. THE STATE.

A jury convicted Donald Leon Adams, Jr., of driving under the influence (less

safe) and reckless driving. Adams filed a motion for new trial, which the trial court

denied on April 10, 2019. He then filed this direct appeal on May 16, 2019. We,

however, lack jurisdiction.

A notice of appeal must be filed within 30 days after the entry of the trial

court’s order. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal

is an absolute requirement to confer appellate jurisdiction on this Court. Rowland v.

State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Adams’s notice of appeal, filed

36 days after entry of the order he wishes to appeal, was untimely. Accordingly, this

appeal is hereby DISMISSED for lack of jurisdiction.

To the extent that Adam’s right to appeal wasfrustrated by his counsel’sfailure

to file a timely notice of appeal, he may be entitled to an out-of-time appeal. See

Rowland, 264 Ga. at 875-876 (2). He therefore is informed of the following in

accordance with Rowland: 

This appeal has been dismissed because you failed to file a timely notice

of appeal. If you still wish to appeal, you may petition the trial court for

leave to file an out-of- time appeal. If the trial court grants your request,

you will have 30 days from the entry of that order to file a notice of

appealreferencing your conviction. If the trial court denies your request,

you will have 30 days from the entry of that order to file a notice of

appeal referencing the denial of your request for an out-of-time appeal. 

September 12, 2019
The Clerk of Court is DIRECTED to send a copy of this order to Adams and

to his attorney, and the latter also is DIRECTED to send a copy to Adams.

Court of Appeals of the State of Georgia

Clerk’s Office, Atlanta,____________________

I certify that the above is a true extract from

the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court

hereto affixed the day and year last above written.

, Clerk.

09/12/2019
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 16-6294

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

CHRISTOPHER DAMON SPENCER, a/k/a Dog,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern 

District of Virginia, at Norfolk. Rebecca Beach Smith, Chief

District Judge. (2:11-cr-00030-RBS-FBS-1; 2:12-cv-00447-RBS)

Submitted: June 23, 2016 Decided: June 29, 2016

Before MOTZ, KING, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Christopher Damon Spencer, Appellant Pro Se. Sherrie Scott 

Capotosto, Assistant United States Attorney, Norfolk, Virginia, 

for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Christopher Damon Spencer seeks to appeal the district 

court’s order denying his Fed. R. Civ. P. 60(b) motion for 

reconsideration of the district court’s order denying relief on 

his 28 U.S.C. § 2255 (2012) motion. The order is not appealable 

unless a circuit justice or judge issues a certificate of 

appealability. 28 U.S.C. § 2253(c)(1)(B) (2012). A certificate 

of appealability will not issue absent “a substantial showing of 

the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) 

(2012). When the district court denies relief on the merits, a 

prisoner satisfies this standard by demonstrating that 

reasonable jurists would find that the district court’s 

assessment of the constitutional claims is debatable or wrong. 

Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v. 

Cockrell, 537 U.S. 322, 336-38 (2003). When the district court 

denies relief on procedural grounds, the prisoner must 

demonstrate both that the dispositive procedural ruling is 

debatable, and that the motion states a debatable claim of the 

denial of a constitutional right. Slack, 529 U.S. at 484-85. 

We have independently reviewed the record and conclude that 

Spencer has not made the requisite showing. Accordingly, we 

deny a certificate of appealability and dismiss the appeal. We 

dispense with oral argument because the facts and legal 
3

contentions are adequately presented in the materials before 

this court and argument would not aid the decisional process.

DISMISSED
#### Mackle-Crawford Construction Company *v.*Ward.

September 24, 1913.

Action for damages. Before Judge Pendleton. Fulton superior court. March *23, 1912.*

*Smith, Hammond & Smith,*for plaintiff in error.

*W. B. Hammond,*contra.

Per Curiam.

1. All of the Justices are of the opinion that the petition was not subject to general demurrer.

2. Eish, C. J., and Beck and Atkinson, ■ JJ., are of the opinion that the special demurrers should have been sustained. Evans, P. J., and' Lumpkin and Hill, JJ., are of the opinion that the special demurrers were properly overruled.

*(a)*As to the demurrer based on the ground that conflicting theories were presented, it is conceded in the brief of counsel for plaintiff in error that this was cured by amendment.

3. All of the Justices are of the opinion that there was sufficient evidence to authorize the verdict.

*Judgment affirmed.*

*All the Justices concur.*