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

for the Fifth Circuit

No. 21-10828

Summary Calendar

United States of America, 

Plaintiff—Appellee,

versus

David Earl Kates, 

Defendant—Appellant.

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 2:97-CR-42-1

Before Southwick, Oldham, and Wilson, Circuit Judges.

Per Curiam:*

David Earl Kates, federal prisoner # 30428-077, was convicted by a 

jury of possessing with the intent to distribute cocaine base and his sentence 

included a term of supervised release. Now that his supervised release has 

* Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited 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 Circuit Rule 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

March 3, 2022

Lyle W. Cayce

Clerk

Case: 21-10828 Document: 00516223463 Page: 1 Date Filed: 03/03/2022
No. 21-10828

2

been revoked, he contends that the within-guidelines 11-month revocation 

sentence is substantively unreasonable. 

Kates specifically concedes that the revocation sentence was not 

illegal and was not the result of an error in the guidelines calculations. 

Instead, he argues that the current sentence is substantively unreasonable 

because the district court did not consider that the total sentence imposed for 

the 1997 offense was much greater than if the offense were committed today 

because he would no longer be considered a career offender.

We review Kates’s revocation sentence to determine whether it is 

“plainly unreasonable.” United States v. Miller, 634 F.3d 841, 843 (5th 

Cir. 2011). We review the substantive reasonableness of the sentence for an 

abuse of discretion, examining the totality of the circumstances. United 

States v. Fuentes, 906 F.3d 322, 325 (5th Cir. 2018). “A revocation sentence 

is substantively unreasonable if it (1) does not account for a factor that should 

have received significant weight, (2) gives significant weight to an irrelevant 

or improper factor, or (3) represents a clear error of judgment in balancing 

the sentencing factors.” United States v. Badgett, 957 F.3d 536, 541 (5th Cir.) 

(internal quotation marks and citation omitted), cert. denied, 141 S. Ct. 827 

(2020). “If a sentence is unreasonable, then we consider whether the error 

was obvious under existing law.” Miller, 634 F.3d at 843. 

Kates failsto make such a showing and fails to show that his revocation 

sentence is plainly unreasonable.

AFFIRMED.

Case: 21-10828 Document: 00516223463 Page: 2 Date Filed: 03/03/2022
IIB 

108TH CONGRESS 

2D SESSION H. R. 3786

IN THE SENATE OF THE UNITED STATES 

MARCH 29, 2004

Received; read twice and referred to the Committee on Banking, Housing, and 

Urban Affairs 

AN ACT

To authorize the Secretary of the Treasury to produce currency, postage stamps, and other security documents at 

the request of foreign governments on a reimbursable 

basis.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

HR 3786 RFS 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Bureau of Engraving 

3 and Printing Security Printing Act of 2004’’. 

4 SEC. 2. PRODUCTION OF DOCUMENTS. 

5 Section 5114(a) of title 31, United States Code (re6 lating to engraving and printing currency and security 

7 documents), is amended—

8 (1) by striking ‘‘(a) The Secretary of the Treas9 ury’’ and inserting: 

10 ‘‘(a) AUTHORITY TO ENGRAVE AND PRINT.—

11 ‘‘(1) IN GENERAL.—The Secretary of the 

12 Treasury’’; and 

13 (2) by adding at the end the following new 

14 paragraphs: 

15 ‘‘(2) ENGRAVING AND PRINTING FOR OTHER

16 GOVERNMENTS.—The Secretary of the Treasury 

17 may produce currency, postage stamps, and other 

18 security documents for foreign governments if—

19 ‘‘(A) the Secretary of the Treasury deter20 mines that such production will not interfere 

21 with engraving and printing needs of the 

22 United States; and 

23 ‘‘(B) the Secretary of State determines 

24 that such production would be consistent with 

25 the foreign policy of the United States. 
3

HR 3786 RFS 

1 ‘‘(3) PROCUREMENT GUIDELINES.—Articles, 

2 material, and supplies procured for use in the pro3 duction of currency, postage stamps, and other secu4 rity documents for foreign governments pursuant to 

5 paragraph (2) shall be treated in the same manner 

6 as articles, material, and supplies procured for pub7 lic use within the United States for purposes of title 

8 III of the Act of March 3, 1933 (41 U.S.C. 10a et 

9 seq.; commonly referred to as the Buy American 

10 Act).’’. 

11 SEC. 3. REIMBURSEMENT. 

12 Section 5143 of title 31, United States Code (relating 

13 to payment for services of the Bureau of Engraving and 

14 Printing), is amended—

15 (1) in the first sentence, by inserting ‘‘or to a 

16 foreign government under section 5114’’ after 

17 ‘‘agency’’; 

18 (2) in the second sentence, by inserting ‘‘and 

19 other’’ after ‘‘including administrative’’; and 

20 (3) in the last sentence, by inserting ‘‘, and the 

21 Secretary shall take such action, in coordination 

22 with the Secretary of State, as may be appropriate 

23 to ensure prompt payment by a foreign government 

24 of any invoice or statement of account submitted by 
4

HR 3786 RFS 

1 the Secretary with respect to services rendered 

2 under section 5114’’ before the period at the end.

Passed the House of Representatives March 25, 

2004. 

Attest: JEFF TRANDAHL, 

Clerk.
§ 133.43 Structures and design. ( a ) *External-load attaching means.* Each external-load attaching means must have been approved under— ( 1 ) Part 8 of the Civil Air Regulations on or before January 17, 1964;
( 2 ) Part 133, before February 1, 1977;
( 3 ) Part 27 or 29 of this chapter, as applicable, irrespective of the date of approval; or
( 4 ) Section 21.25 of this chapter.
( b ) *Quick release devices.* Each quick release device must have been approved under— ( 1 ) Part 27 or 29 of this chapter, as applicable;
( 2 ) Part 133, before February 1, 1977; or
( 3 ) Section 21.25 of this chapter, except the device must comply with §§ 27.865(b) and 29.865(b), as applicable, of this chapter.
( c ) *Weight and center of gravity* — ( 1 ) *Weight.* The total weight of the rotorcraft-load combination must not exceed the total weight approved for the rotorcraft during its type certification.
( 2 ) *Center of gravity.* The location of the center of gravity must, for all loading conditions, be within the range established for the rotorcraft during its type certification. For Class C rotorcraft-load combinations, the magnitude and direction of the loading force must be established at those values for which the effective location of the center of gravity remains within its established range.
[Doc. No. 14324, 41 FR 55475, Dec. 20, 1976, as amended by Amdt. 133-12, 55 FR 8006, Mar. 6, 1990]
#### §§ 217.23-217.29 [Reserved]
#### § 1221.105 Establishment of NASA Program Identifiers.

A separate and unique identifier may be designed and approved in connection with or in commemoration of a major NASA program. Each approved identifier shall be officially identified by its title such as “Apollo,” “Skylab,” “Viking,” “Space Shuttle,” “Space Station,” or a major NASA anniversary. NASA Program Identifiers shall be used as set forth in § 1221.112 pursuant to approval as set forth in § 1221.114.
§ 1217.105 Procedures. ( a ) Requests for certification shall be forwarded to an appropriate NASA official or designee as provided for in § 1217.103 of this part.
( b ) Each request for certification shall be accompanied by: ( 1 ) A proposed certificate as provided for in § 1217.104 of this part;
( 2 ) The information and documentation required by 19 CFR 10.102(a), including invoice documentation or a description of covered articles; and
( 3 ) The anticipated date of entry of entry and port of entry for each article. If the article is to be transported in bond from the port of arrival to another port of entry in the United States, identify both ports.
( c ) The signed certificate and its attachment(s) will be forwarded to the NASA Installation responsible for duty-free entry of the materials, unless issued at such Installation by an authorized official in accordance with § 1217.103(c) of this part. These documents shall be presented to an appropriated Customs official at the port(s) of entry. The procedures specified in 19 CFR 10.102 will be followed by the NASA Installation in obtaining duty-free entry at the Customs port(s) of entry. The NASA Installation should ensure that, at the time the articles are to be released after Customs entry, the custody of the imported articles is transferred directly from the carrier or from the U.S. Customs Service to the NASA Installation, its agent, or the launch service customer in the case of a Launch and Associated Services Agreement.
( d ) If articles procured under contract by NASA are imported prior to compliance with these procedures and it is essential that the articles be released from Customs custody prior to such compliance, the procedures outlined in 19 CFR 10.101 may be followed by cognizant NASA officials to secure the release of the articles from Customs custody. To the extent applicable, the procedures in § 1217.105 of this part shall be followed when time permits to obtain duty-free entry for the articles released from Customs custody.
§ 103.1 Applicability. This part prescribes rules governing the operation of ultralight vehicles in the United States. For the purposes of this part, an ultralight vehicle is a vehicle that: ( a ) Is used or intended to be used for manned operation in the air by a single occupant;
( b ) Is used or intended to be used for recreation or sport purposes only;
( c ) Does not have any U.S. or foreign airworthiness certificate; and
( d ) If unpowered, weighs less than 155 pounds; or
( e ) If powered: ( 1 ) Weighs less than 254 pounds empty weight, excluding floats and safety devices which are intended for deployment in a potentially catastrophic situation;
( 2 ) Has a fuel capacity not exceeding 5 U.S. gallons;
( 3 ) Is not capable of more than 55 knots calibrated airspeed at full power in level flight; and
( 4 ) Has a power-off stall speed which does not exceed 24 knots calibrated airspeed.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS FINANCIAL SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION
EXTRACTED FROM ZEON CORPORATION'S FINANCIAL STATEMENTS FOR THE
THREE MONTHS ENDED JUNE 30, 1998, AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             APR-01-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                         210,788
<SECURITIES>                                         0
<RECEIVABLES>                                  428,752
<ALLOWANCES>                                     5,637
<INVENTORY>                                    272,868
<CURRENT-ASSETS>                               959,471
<PP&E>                                         137,432
<DEPRECIATION>                                  19,755
<TOTAL-ASSETS>                               1,118,797
<CURRENT-LIABILITIES>                          231,704
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        34,920
<OTHER-SE>                                     818,966
<TOTAL-LIABILITY-AND-EQUITY>                 1,118,797
<SALES>                                        780,966
<TOTAL-REVENUES>                               780,966
<CGS>                                          516,928
<TOTAL-COSTS>                                  516,928
<OTHER-EXPENSES>                               213,045
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 50,993
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             50,993
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    66,573
<EPS-PRIMARY>                                      .19
<EPS-DILUTED>                                      .19
        

</TABLE>
Editorial Note on Part 725
Editorial Note: Nomenclature changes to part 725 appear at 84 FR 1608, Feb. 5, 2019.

§ 725.5 Capital stock. ( a ) The capital stock of the Facility is divided into nonvoting shares having a par value of $50 each. The Facility issues whole and fractional shares. Shares are issued in book entry form upon receipt of payment for such shares, and cannot be transferred or hypothecated except to the Facility.
( b ) The capital stock subscriptions provided for in §§ 725.3 and 725.4 shall be: ( 1 ) Based on an arithmetic average of paid-in and unimpaired capital and surplus over the six months preceding application for membership, and
( 2 ) Adjusted at the close of each calendar year in accordance with an arithmetic average of paid-in and unimpaired capital and surplus over the twelve months in such calendar year. Payments for adjustments to the capital stock subscription must be received by the Facility no later than March 31 of the following year.
( c ) That part of a member's stock subscription which is not paid-in shall be held by the member on call of the NCUA Board and shall be invested in liquid assets.
( d ) Any member may at any time purchase additional shares of capital stock in the Facility. Any shares in excess of the member's required paid-in portion of its stock subscription can be redeemed by the member as long as the member maintains investments in other assets sufficient to meet the requirement of paragraph (c) of this section. The member's required paid-in portion of its stock subscription includes one-half of its stock subscription plus any “calls” that may have been issued by the NCUA Board against the “on-call” portion of such stock subscription.
( e ) Dividends will be paid on capital stock at such times and rates as are determined by the NCUA Board. The NCUA Board shall declare such dividends no less frequently than annually. All issued (paid for) capital stock shall share in dividend distributions without preference. Payment of dividends will be made by the issuance of capital stock to the member in the amount of the dividend.
[44 FR 49437, Aug. 23, 1979, as amended at 45 FR 47122, July 14, 1980; 47 FR 1371, Jan. 13, 1982; 53 FR 22472, June 16, 1988]
#### § 1203.303 Distribution controls.

NASA shall establish controls over the distribution of classified information to ensure that it is dispersed only to organizations or individuals eligible for access to such information and with a need-to-know the information.

[78 FR 5118, Jan. 24, 2013]
§ 1259.302 Application procedures. ( a ) The Administrator or designee has the authority to make awards to meet identified national needs.
( b ) The Director, NASA Space Grant Program shall establish a competitive, merit-based review process to examine unsolicited national needs proposals.
[54 FR 19880, May 9, 1989, as amended at 82 FR 35441, July 31, 2017]
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§ 119.35 Certificate application requirements for all operators. ( a ) A person applying to the Administrator for an Air Carrier Certificate or Operating Certificate under this part (applicant) must submit an application— ( 1 ) In a form and manner prescribed by the Administrator; and
( 2 ) Containing any information the Administrator requires the applicant to submit.
( b ) Each applicant must submit the application to the Administrator at least 90 days before the date of intended operation.
[Doc. No. 28154, 62 FR 13254, Mar. 19, 1997; 62 FR 15570, Apr. 1, 1997]
#### § 1263.106 Final decision of the General Counsel as to production, disclosure, or appearance.

After consideration of the factors enumerated in § 1263.105 (a) through (f), the General Counsel or designate may authorize the testimony, disclosure, or production as demanded; limit the subject matter or extent of any testimony, disclosure, or production through written instruction to the employee; or deny permission for any testimony, disclosure, or production. Where appropriate, the General Counsel or designate may seek withdrawal of the demand by the authorizing party. Any decision of the General Counsel or designate shall be final and shall be communicated to the employee and the party causing the demand to be issued.
108TH CONGRESS

2D SESSION H. R. 3538

AN ACT

To designate the facility of the United States Postal Service located at 201 South Chicago Avenue

in Saint Anne, Illinois, as the ‘‘Marine Capt.Ryan Beaupre Saint Anne Post Office’’.

108TH CONGRESS

2D SESSION H. R. 3538

AN ACT

To designate the facility of the United States Postal Service

located at 201 South Chicago Avenue in Saint Anne,

Illinois, as the ‘‘Marine Capt. Ryan Beaupre Saint Anne

Post Office’’.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 3538 EH

1 SECTION 1. DESIGNATION.

2 The facility of the United States Postal Service lo3 cated at 201 South Chicago Avenue in Saint Anne, Illi4 nois, shall be known and designated as the ‘‘Marine Capt.

5 Ryan Beaupre Saint Anne Post Office’’.

6 SEC. 2. REFERENCES.

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

8 paper, or other record of the United States to the facility

9 referred to in section 1 shall be deemed to be a reference

10 to the ‘‘Marine Capt. Ryan Beaupre Saint Anne Post Of11 fice’’.

Passed the House of Representatives March 9,

2004.

Attest:

Clerk.
§ 1245.113 Hearing procedure. ( a ) If the petitioner requests an oral hearing within the time set, under § 1245.112(b)(4), the Board shall set the time and place for the hearing and shall notify the petitioner.
( b ) Oral hearings held by the Board shall be open to the public and shall be held in accordance with the following procedures: ( 1 ) Oral hearings shall be conducted in an informal manner, with the objective of providing the petitioner with a full opportunity to present facts and arguments in support of the petition. Evidence may be presented through means of witnesses, exhibits, and visual aids as are arranged for by the petitioner. Petitioner may be represented by any person including its attorney. While proceedings will be *ex parte,* members of the Board and its counsel may address questions to witnesses called by the petitioner, and the Board may, at its option, enlist the aid of technical advisors or expert witnesses. Any person present at the hearing may make a statement for the record.
( 2 ) A transcript or equivalent record of the proceeding shall be arranged for by the Board. The petitioner shall submit for the record a copy of any exhibit or visual aid utilized during the hearing.
EXHIBIT 99.1


                            CERTIFICATION PURSUANT TO

                             18 U.S.C. SECTION 1350,

                             AS ADOPTED PURSUANT TO

                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report on Form 10-Q for the fiscal quarter
ending March 31, 2003 of Joule Inc. (the "Company") as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Emanuel N.
Logothetis, Chairman of the Board and Chief Executive Officer of the Company,
certify, pursuant to 18 U.S.C. ss. 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)      The information contained in the Report fairly presents, in
all material respects, the financial condition and result of operations of the
Company.


/s/ EMANUEL N. LOGOTHETIS
-------------------------
Emanuel N. Logothetis,
Chairman of the Board and
Chief Executive Officer


May 14, 2003


A signed original of the written statement required by Section 906 has been
provided to Joule Inc. and will be retained by Joule Inc. and furnished to the
Securities and Exchange Commission or its staff upon request.
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 with the Quarterly Report of NT Holding Corp. on Form 10-QSB for
the period ending September 30, 2006 as filed with the Securities and Exchange
Commission on the date hereof, I, Chun Ka Tsun, Chief Executive Officer of the
Company, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906
of the Sarbanes-Oxley Act of 2002, that:

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

2.    The information contained in the Report fairly presents, in all material
      respects, the financial condition and result of operations of the Company.

Date: November 22, 2006


/s/ Chun Ka Tsun
-----------------------------------
Chun Ka Tsun
Chief Executive Officer
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 with the Quarterly Report of APA Enterprises, Inc. (the “Company”) on
      Form 10-Q for the period ended December 31, 2005, as filed with the Securities
      and Exchange Commission on the date hereof (the “Report”), I, Anil K. Jain,
      Chief Executive Officer and Chief Financial Officer of the Company, certify,
      pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley
      Act of 2002, that:




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




2.
            The
                information contained in the Report fairly represents, in all material
                respects, the financial condition and results of operations of the
                Company.




February
      14, 2006







Signature: /s/
      Anil K. Jain


Print
      Name: Anil
      K. Jain


Print
      Title: Chief
      Executive Officer and Chief Financial Officer
# C_2014142EN.01005502.xml

| 12.5.2014 | EN | Official Journal of the European Union | C 142/55 |
| --- | --- | --- | --- |

12.5.2014

EN

Official Journal of the European Union

C 142/55

---

Order of the General Court of 27 February 2014 — Fard and Sarkandi v Council

(Case T-439/13) (1)

1

2014/C 142/72

Language of the case: English

The President of the Seventh Chamber has ordered that the case be removed from the register.

---

(1)  OJ C 367, 14.12.2013.

1

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