alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S NO. WR-85,986-01

EX P ARTE JOHN DAVID WAG UESPAC K, A ppl icant
ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 2012-46-C1AIN THE 19T H DISTRICT COURT

F ROM MC LENNAN COUNTY
Per curiam . O R D E R Pursuant to the provisi o n s o f Ar t icle 11.07 of the Texas Code of Criminal Procedur e, the cler k of the trial court transmitted to this Court this application for a writ of habea s corpus. Ex parte Y oung , 418 S.W .2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of sexual assault and sentenc ed to imprisonment for life. The T en t h C o u rt of Appea ls aff irmed his conviction. W aguespack v. Stat e , No. 10-13-00416-CR (Tex. App.—Waco J une 18, 2015)(not desig nated for publication). Applicant contends, among other things, that his trial counsel rende red ineffe ctive assistance becaus e counsel failed to object to the t estimony from psy cholog ist, Dr. W illiam L ee Carter, who descr ibed the char acte ristics of a person who commits sexual assault and the ch aracter istics of a2

person who be comes a

victim of sexual assault. On May 1 6 , 2 0 1 7, the trial court signe d finding s of fac t and conclusions of law and
rec ommended denying relief
. This Court denies relief

, but declines to adopt the trial court’s finding s of fac t a nd conclusions of law numbers seven, eight, a nd nine as they state that Dr. Carter ’s expert testimony was not char acte r evidenc e and was not objectionable. These finding s are not supported by any leg al authority from this Court. This Court does not adopt finding s number seven, eig ht, and nine, but based on the trial court’ s other finding s of fa ct and c onclusions of law, we deny relief
.

Filed: J anuar

y 24, 2018 Do not publish
#### § 263.2 Policy.

It is the policy of the U.S. Postal Service to establish and maintain schedules specifying the retention periods required for all official and duplicate record copies. Furthermore, it is the policy that all duplicate record copies and non-record material will be disposed of as soon as they have served their purpose.
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5016 Received in Senate (RDS)]

  2d Session
                                H. R. 5016

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

            October 18 (legislative day, September 22), 2000

                                Received

_______________________________________________________________________

                                 AN ACT

 
To redesignate the facility of the United States Postal Service located 
 at 514 Express Center Road in Chicago, Illinois, as the ``J.T. Weeker 
                           Service Center''.

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

SECTION 1. REDESIGNATION.

    The facility of the United States Postal Service located at 514 
Express Center Road in Chicago, Illinois, and known as the Chicago 
International/Military Service Center, shall be known and designated as 
the ``J.T. Weeker Service Center''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the facility referred to in section 1 
shall be deemed to be a reference to the ``J.T. Weeker Service 
Center''.

            Passed the House of Representatives October 17, 2000.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.
```
CERTIFICATION PURSUANT TO

                             18 U.S.C. SECTION 1350,

                             AS ADOPTED PURSUANT TO

                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I,  Michael   Gorin,   President  and  Chief   Financial   Officer  of  Aeroflex
Incorporated, certify that:

     The Form 10-Q of Aeroflex Incorporated for the period ended March 31, 2003,
     fully  complies  with the  requirements  of  Section  13(a) or 15(d) of the
     Securities Exchange Act of 1934; and

     The information  contained in such report fairly presents,  in all material
     respects,  the  financial  condition  and results of operations of Aeroflex
     Incorporated.

This   certification  is  being  furnished   pursuant  to  Section  906  of  the
Sarbanes-Oxley   Act  of  2002  and,  except  to  the  extent  required  by  the
Sarbanes-Oxley  Act,  shall not be  deemed  to be filed as part of the  periodic
report  described  herein nor shall it be deemed filed by Aeroflex  Incorporated
for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.




                                              /s/Michael Gorin
                                          ---------------------------
                                          Name: Michael Gorin

                                          Date: May 15, 2003

A signed  original of this  written  statement  required by Section 906 has been
provided to Aeroflex  Incorporated and will be retained by Aeroflex Incorporated
and  furnished  to the  Securities  and  Exchange  Commission  or its staff upon
request.
I

106TH CONGRESS

2D SESSION H. R. 4767

To suspend temporarily the duty on Exisulind.

IN THE HOUSE OF REPRESENTATIVES

JUNE 27, 2000

Mr. GREENWOOD introduced the following bill; which was referred to the

Committee on Ways and Means

A BILL

To suspend temporarily the duty on Exisulind.

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

3 SECTION 1. TEMPORARY SUSPENSION OF DUTY.

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

5 the Harmonized Tariff Schedule of the United States is

6 amended by inserting in numerical sequence the following

7 new heading:

‘‘ 9902.29.01 5-fluro-2-methyl1-[[4-

methylsulfonylphenyl] methylene]-

indene-3-ylacetic

acid (CAS No.

59973–80–7)

(provided for in

subheading

2930.90.29) ....... Free No change No change On or before

12/31/2003 ’’.
2

•HR 4767 IH

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

2 this section applies with respect to goods entered, or with3 drawn from warehouse for consumption, on or after the

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

Æ
Order issued May 31, 2013

S

In The

Court of Appeals 

Fifth District of Texas at Dallas 

________________________________________

No. 05-12-00666-CR

________________________________________

JAMES MATTHEW SIMMONS, Appellant

V.

THE STATE OF TEXAS, Appellee

O R D E R

Before Justices O’Neill, Francis, and Fillmore

Based on the Court’s opinion of this date, we GRANT the February 13, 2013 motion of 

Kathleen A. Walsh for leave to withdraw as appointed counsel on appeal. We DIRECT the 

Clerk of the Court to remove Kathleen A. Walsh as counsel of record for appellant. We 

DIRECT the Clerk of the Court to send a copy of this order and all future correspondence to 

James Matthew Simmons, Bookin No. 12002201, Dallas County Jail, P.O. Box 660334, Dallas, 

Texas, 75266-0334.

/Robert M. Fillmore/

ROBERT M. FILLMORE

JUSTICE
To: Recipients of Mandatory/Formula Grants Issued by the Administration for Community Living

From: Rasheed Williams, Deputy Administrator for Management and Budget

Subject: Request for Change in Key Personnel – Non-Discretionary Grants Module in GrantSolutions

Date: September 3, 2021

____________________________________________________________________________________

The Administration for Community Living (ACL) is issuing the following guidance on how 

recipients of ACL-funded mandatory/formula grants should make a request for change in key 

personnel. The purpose of the guidance is to clarify ACL’s long-standing policy and interpretation 

of requirements related to grants management. This guidance supersedes any previous guidance 

related to Changes in Key Personnel. The guidance applies to all mandatory/formula grants and will 

become effective 30 days after the date of the guidance.

Regulatory Requirement

Pursuant to § 2 CFR 200.308(c)(2) recipients of federal funds must request approval from the 

grantor for a number of changes related to the grant, including a Change in Key Personnel identified 

in the application for federal funds or in the grant award. The regulation defines a Change in Key 

Personnel as the replacement or change in status (such as an absence for any continuous period of 3 

months or more, or reduction of time devoted to the project by 25 percent or more from the level in 

the approved application) of the Principal Investigator/Project Director (PI/PD). 

Amendment Submittal Process

All requests for a Change in Key Personnel for your federal grant should be submitted by the grantee in

the Grants Management Module as a new amendment by accessing Manage Amendments, click New,

select appropriate key personnel change amendment and Create Amendment.

Change in Key Personnel amendments:

• ACL Change PI/PD Info

GrantSolutions has a training video showing grantees how to request and manage grant amendments –

which in addition to changes in personnel, includes information regarding no-cost extension requests,

supplements, changes in address, and more. You can access the video is at the bottom of this page.

Documents Required

 A dated cover letter signed by the Authorized Organizational Representative (AOR) or designee

that includes:

o Grant Award Number and Grantee Organization Name

o Justification for the change in key personnel
o New personnel contact information (name, title, business phone number and business

email address)

 A resume, biographical sketch or curriculum vitae of the proposed individual

For any questions, please contact your respective ACL grant point of contact. 

Best,

Rasheed Williams

Deputy Administrator for Management and Budget
#### § 90.3 Pushing vessel and vessel being pushed: Composite unit.

Rule 24(b) of the Inland Rules states that when a pushing vessel and a vessel being pushed ahead are rigidly connected in a composite unit, they are regarded as a power-driven vessel and must exhibit the lights prescribed in Rule 23. A “composite unit” is interpreted to be the combination of a pushing vessel and a vessel being push ahead that are rigidly connected by mechanical means so they react to sea and swell as one vessel. Mechanical means does not include lines, wires, hawsers, or chains.
```

[106th Congress Public Law 556]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ556.106]

[[Page 114 STAT. 2771]]

Public Law 106-556
106th Congress

                                 An Act

 
To designate the facility of the United States Postal Service located at 
  200 South George Street in York, Pennsylvania, as the ``George Atlee 
Goodling Post Office Building''. <<NOTE: Dec. 21, 2000 -  [H.R. 5210]>> 

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

SECTION 1. DESIGNATION.

    The facility of the United States Postal Service located at 200 
South George Street in York, Pennsylvania, shall be known and designated 
as the ``George Atlee Goodling Post Office Building''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the facility referred to in section 1 
shall be deemed to be a reference to the ``George Atlee Goodling Post 
Office Building''.

    Approved December 21, 2000.

LEGISLATIVE HISTORY--H.R. 5210:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 146 (2000):
            Oct. 17, considered and passed House.
            Dec. 14, considered and passed Senate.

                                  <all>
```
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5089 Introduced in House (IH)]

106th CONGRESS
  2d Session
                                H. R. 5089

  To amend title XVIII of the Social Security Act to increase the per 
 resident payment floor for direct graduate medical education payments 
                      under the Medicare Program.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2000

 Mr. Shaw (for himself and Mr. Bachus) introduced the following bill; 
which was referred to the Committee on Ways and Means, and in addition 
     to the Committee on Commerce, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
  To amend title XVIII of the Social Security Act to increase the per 
 resident payment floor for direct graduate medical education payments 
                      under the Medicare Program.

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

SECTION 1. INCREASING TO 100 PERCENT OF THE LOCALITY ADJUSTED NATIONAL 
              AVERAGE PER RESIDENT AMOUNT THE PAYMENT FLOOR FOR DIRECT 
              GRADUATE MEDICAL EDUCATION PAYMENTS UNDER THE MEDICARE 
              PROGRAM.

    (a) In General.--Section 1886(h)(2)(D)(iii) of the Social Security 
Act (42 U.S.C. 1395ww(h)(2)(D)(iii)) is amended--
            (1) in the heading, by striking ``70 percent'' and 
        inserting ``100 percent''; and
            (2) by striking ``70 percent'' and inserting ``100 
        percent''.
    (b) Effective Date.--The amendments made by subsection (a) take 
effect as if included in the enactment of section 311(a) of the 
Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999 
(113 Stat. 1501A-362), as enacted into law by section 1000(a)(6) of 
Public Law 106-113.
                                 <all>
```
§ 5.40 Distinctive markings for vessels, aircraft, motorized vehicles, trailers, radio stations, and other equipment. ( a ) This subpart describes the design and display of distinctive markings used by Auxiliary vessels, aircraft, motorized vehicles, trailers, radio stations, and other equipment. These markings are established in the directives referenced in § 5.9 and the U.S. Coast Guard Heraldry Manual (COMDTINST M5200.14(series)).
( b ) *Auxiliary markings on vessels, aircraft, motorized vehicles, trailers, radio stations and other equipment.* ( 1 ) Vessels, aircraft, motorized vehicles, trailers, radio stations, and other equipment which are owned by Auxiliary members, or are personal property of the Auxiliary, or are otherwise affiliated with the Auxiliary may display the Auxiliary emblem (§ 5.41), the Auxiliary ensign (§ 5.42), and/or the Auxiliary mark (§ 5.43).
( 2 ) Vessels, aircraft, motorized vehicles, trailers, radio stations, and other equipment which are personal property of the Auxiliary may be marked “U.S. COAST GUARD AUXILIARY”, “U.S. COAST GUARD AUX”, or “USCGAUX” in accordance with Coast Guard policy.
( 3 ) Vessels, aircraft, motorized vehicles, trailers, radio stations, and other equipment which have been accepted as facilities shall display the Auxiliary facility decal (§ 5.44).
( 4 ) Vessels that have been accepted as facilities and are on patrol, whether or not they are underway, shall display the National Ensign, the patrol sign (§ 5.45) and either the patrol ensign (§ 5.46) or the Coast Guard ensign (§ 5.47) as appropriate and able.
( 5 ) Vessels that have been accepted as facilities and are on patrol, whether or not they are underway, and have a Coast Guard commissioned, warrant, or non-commissioned officer onboard shall display the Coast Guard ensign in place of the patrol ensign.
( c ) ( 1 ) Any person who desires to reproduce Coast Guard Auxiliary markings for non-Coast Guard Auxiliary use must obtain approval from Commandant (CG-BSX-11), Attn: Auxiliary Division, U.S. Coast Guard Stop 7501, 2703 Martin Luther King Jr. Ave. SE., Washington, DC 20593-7501.
( 2 ) Unauthorized use of Auxiliary markings is subject to the penalties of 14 U.S.C. 933, 934, 4102.
[USCG-1999-6712, 80 FR 3476, Jan. 23, 2015, as amended by USCG-2020-0304, 85 FR 58276, Sept. 18, 2020]
#### § 54.01 Purpose.

This part prescribes procedures for State officials to notify the Coast Guard that a member on active duty is delinquent in meeting an obligation for child support alone, or both child and spousal support, in an amount equal to the support payable for two months or longer. Under 42 U.S.C. 665, an allotment may be taken from the pay and allowances of the member in this situation.
#### § 183.425 Conductors: General.

(a) Each conductor must be insulated, stranded copper.

(b) Except for intermittent surges each conductor must not carry a current greater than that specified in Table 5 for the conductor's gauge and temperature rating.

(c) For conductors in engine spaces, amperages must be corrected by the appropriate correction factor in note 1 of Table 5.

(d) Each conductor in a multiconductor sheath must be at least a No. 18 AWG conductor.

(e) Each conductor installed separately must be at least a No. 16 AWG conductor.

(f) Each No. 18 AWG conductor in a multiconductor sheath may not extend out of the sheath more than 30 inches.

(g) This section does not apply to communications systems; electronic navigation equipment; electronic circuits having a current flow of less than one ampere; conductors which are totally inside an equipment housing; resistance conductors that control circuit amperage; high voltage secondary conductors and terminations that are in ignition systems; pigtails of less than seven inches of exposed length and cranking motor conductors.

Table 5—Allowable Amperage of Conductors

| Conductor size (AWG) | Temperature rating of conductor insulation | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- |
| 60 °C (140 °F) | 75 °C (167 °F) | 80 °C (176 °F) | 90 °C (194 °F) | 105 °C (221 °F) | 125 °C (257 °F) | 200 °C (392 °F) |
| 18 | 10 | 10 | 15 | 20 | 20 | 25 | 25 |
| 16 | 15 | 15 | 20 | 25 | 25 | 30 | 35 |
| 14 | 20 | 20 | 25 | 30 | 35 | 40 | 45 |
| 12 | 25 | 25 | 35 | 40 | 45 | 50 | 55 |
| 10 | 40 | 40 | 50 | 55 | 60 | 70 | 70 |
| 8 | 55 | 65 | 70 | 70 | 80 | 90 | 100 |
| 6 | 80 | 95 | 100 | 100 | 120 | 125 | 135 |
| 4 | 105 | 125 | 130 | 135 | 160 | 170 | 180 |
| 3 | 120 | 145 | 150 | 155 | 180 | 195 | 210 |
| 2 | 140 | 170 | 175 | 180 | 210 | 225 | 240 |
| 1 | 165 | 195 | 210 | 210 | 245 | 265 | 280 |
| 0 | 195 | 230 | 245 | 245 | 285 | 305 | 325 |
| 00 | 225 | 265 | 285 | 285 | 330 | 355 | 370 |
| 000 | 260 | 310 | 330 | 330 | 385 | 410 | 430 |
| 0000 | 300 | 360 | 385 | 385 | 445 | 475 | 510 |
| NOTES | | | | | | | |
| 1. See the following table: | 60 °C | 75 °C | 80 °C | 90 °C | 105 °C | 125 °C | 200 °C |
| | (140 °F) | (167 °F) | (176 °F) | (194 °F) | (221 °F) | (257 °F) | (392 °F) |
| Temperature rating of conductor | 0.58 | 0.75 | 0.78 | 0.82 | 0.85 | 0.89 | 1.00 |
| 2. See the following table: | *Correction* | | | | | | |
| | *factor* | | | | | | |
| Number of current carrying conductors: | | | | | | | |
| 3 | 0.70 | | | | | | |
| 4 to 6 | .60 | | | | | | |
| 7 to 24 | .50 | | | | | | |
| 25 and above | .40 | | | | | | |

[CGD 73-217, [42 FR 5944](https://www.federalregister.gov/citation/42-FR-5944), Jan. 31, 1977; [42 FR 24739](https://www.federalregister.gov/citation/42-FR-24739), May 16, 1977, as amended by CGD 81-092, [48 FR 55736](https://www.federalregister.gov/citation/48-FR-55736), Dec. 15, 1983]
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 1:22-CV-22671

DELIO BATISTA,

et al.,

Plaintiffs,

vs.

AVANT ASSURANCE INC.,

et al.,

Defendants.

______________________________/

DEFENDANT’S RESPONSE TO PLAINTIFF’S STATEMENT

OF CLAIM

Defendants, Avant Assurance Inc, Reinier Cortes, and Andrea Gonzalez Quintero, 

pursuant to the Court’s most recent Order, February 1, 2023 [D.E. No. 39], files this Response to 

Plaintiffs Statement of Claim based on the information known to Defendants as follows:

ANSWER

1.- Denied to the extent that the Plaintiffs assert that Plaintiffs were employees and received 

hourly wages.

2.- Without knowledge, therefore denied.

3.- Denied in its entirety (i.e. as to the claims made by Plaintiff Mariana Lopez, Plaintiff Carlos 

Lopez, Plaintiff Rafeal Valiente, and Plaintiff Delio Batista).

4.- Denied.

5.- Without knowledge, therefore denied

6.- Without knowledge, therefore denied.

Case 1:22-cv-22671-CMA Document 45 Entered on FLSD Docket 02/06/2023 Page 1 of 3
7.- Without knowledge, therefore denied.

AFFIRMATIVE DEFENSE I: HOURLY WAGES

7.- At all material times Plaintiffs were fully paid as independent contractors. 

AFFIRMATIVE DEFENSE II: RECEIPT OF FORM 1099 NEC

8.- At all material times and pursuant to Plaintiffs request, Defendants issued IRS form(s) 1099 

NEC for their federal income tax reporting obligations.

AFFIRMATIVE DEFENSE III: LACK OF STANDING

9.- Plaintiffs lack standing because each Plaintiff has established their independent contractor 

status through their respective business entities and further requested that the Defendants prepare 

IRS form 1099 NEC for their business entities.

WHEREFORE, Defendants reserve the right to amend these affirmative defenses, and 

do not waive any of the Affirmative Defenses available under applicable law or any other matter 

constituting an avoidance or affirmative defense as discovery may reveal.

Santiago Cueto, Esq.

Florida Bar No.: 0162566

4000 Ponce de Leon Blvd. Ste 470

Coral Gables, FL 33146

Tel.: (305) 777 0377

Primary Email: sc@cuetolawgroup.com

Attorney for Defendant

/S/ Santiago Cueto

SANTIAGO CUETO

Case 1:22-cv-22671-CMA Document 45 Entered on FLSD Docket 02/06/2023 Page 2 of 3
CERTICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been filed via 

electronic communication this 6th day of February 2023, with the Clerk of Court and served upon 

all Counsel of Record.

/S/ Santiago Cueto

______________________

Santiago Cueto, Esq.

Florida Bar No.: 0162566

4000 Ponce de Leon Blvd. Ste 470

Coral Gables, FL 33146

Tel.: (305) 777 0377

Primary Email: sc@cuetolawgroup.com

Attorney for Defendant

Case 1:22-cv-22671-CMA Document 45 Entered on FLSD Docket 02/06/2023 Page 3 of 3
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





I, Leonard Borow, President and Chief
Executive Officer of Aeroflex Holding Corp., hereby certify that the Form 10-Q
of Aeroflex Holding Corp. for the period ended December 31, 2010 fully complies
with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act
of 1934 and the information contained in such report fairly presents, in all
material respects, the financial condition and results of operations of Aeroflex
Holding Corp.





/s/ Leonard BorowName:  Leonard
      BorowPresident and Chief Executive OfficerDate:  February
      9, 2011




A signed
original of this written statement required by Section 906 has been provided to
Aeroflex Holding Corp. and will be retained by Aeroflex Holding Corp. and
furnished to the Securities and Exchange Commission or its staff upon
request.