alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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this opinion should not be published and is not precedent except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

June 21, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-20553

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

PURVIS RAY CARTWRIGHT,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 4:91-CR-179-1

USDC No. 4:94-CV-3178

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

Before STEWART, DENNIS, and OWEN, Circuit Judges.

PER CURIAM:*

Purvis Ray Cartwright, federal prisoner # 59478-079, appeals

the district court’s summary dismissal of his motion to modify

his sentence, purportedly filed pursuant to 18 U.S.C.

§ 3582(b)(2)(B). 

The Government argues that the district court lacked

jurisdiction to consider Cartwright’s motion to modify. As the

Government notes, 18 U.S.C. “§ 3582(b)(2)(B)” does not exist. A

district court may modify the imposed term of imprisonment under
No. 05-20553

-2-

limited circumstances. 18 U.S.C. § 3582(c). Because

Cartwright’s motion did not fall under any of the provisions of

§ 3582(c), it was unauthorized and without jurisdictional basis. 

United States v. Early, 27 F.3d 140, 141-42 (5th Cir. 1994). 

Moreover, it cannot be construed as a 28 U.S.C. § 2255 motion to

vacate, because Cartwright has already filed one § 2255 motion

and a second would be subject to the jurisdictional bar of the

successive-motion provision, 28 U.S.C. § 2244(b)(3)(A). 

See United States v. Key, 205 F.3d 773, 774 (5th Cir. 2000). 

Because Cartwright’s appeal is without arguable merit, we dismiss

the appeal as frivolous. Howard v. King, 707 F.2d 215, 219-20

(5th Cir. 1983); 5TH CIR. R. 42.2.

Cartwright is hereby warned that any further repetitious or

frivolous filings, including those attempting to circumvent

statutory restrictions on filing second or successive § 2255

motions, may result in the imposition of sanctions against him. 

These sanctions may include dismissal, monetary sanctions, and

restrictions on his ability to file pleadings in this court and

any court subject to this court’s jurisdiction. 

APPEAL DISMISSED; SANCTION WARNING ISSUED.
III 

118TH CONGRESS 

2D SESSION S. CON. RES. 43 

Expressing support for the designation of September 29, 2024, as ‘‘Veterans 

of Foreign Wars of the United States Day’’. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 25, 2024 

Mr. CARPER (for himself and Ms. ERNST) submitted the following concurrent 

resolution; which was referred to the Committee on the Judiciary 

CONCURRENT RESOLUTION 

Expressing support for the designation of September 29, 

2024, as ‘‘Veterans of Foreign Wars of the United States 

Day’’. 

Whereas, on September 29, 1899, the organization now 

known as the Veterans of Foreign Wars of the United 

States was founded in Columbus, Ohio, in the aftermath 

of the Spanish-American War and the Philippine Insurrection; 

Whereas, on September 29, 2024, the Veterans of Foreign 

Wars of the United States will celebrate its 125th anniversary; 

Whereas, since 1899, the Veterans of Foreign Wars of the 

United States has provided voluntary and unselfish service to the Armed Forces, veterans, and the United States 

by— 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•SCON 43 IS 

(1) advocating for overarching benefits programs for 

veterans; 

(2) facilitating veterans transitioning back to civilian 

society; 

(3) serving the communities in which veterans live; 

and 

(4) taking a national leadership role on substantive 

issues important to veterans of the Armed Forces; and 

Whereas the 125th anniversary of the founding of the Veterans of Foreign Wars of the United States provides an 

opportunity to recognize, honor, and pay tribute to the 

nearly 1,000,000 veterans of the Armed Forces represented by the Veterans of Foreign Wars of the United 

States who served in combat from World War II to the 

present day: Now, therefore, be it 

1 Resolved by the Senate (the House of Representatives 

2 concurring), That Congress— 

3 (1) expresses support for the designation of 

4 September 29, 2024, as ‘‘Veterans of Foreign Wars 

5 of the United States Day’’; 

6 (2) recognizes the historic significance of the 

7 125th anniversary of the founding of the Veterans 

8 of Foreign Wars of the United States and congratu9 lates the organization on achieving that milestone; 

10 (3) commends the nearly 1,000,000 veterans 

11 who belong to the Veterans of Foreign Wars of the 

12 United States and thanks those veterans for their 


ssavage on LAPJG3WLY3PROD with BILLS
3 

•SCON 43 IS 

1 service to their fellow veterans and the United 

2 States; and 

3 (4) encourages the people of the United States 

4 to observe September 29, 2024, with appropriate 

5 ceremonies, programs, and activities. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS
# IE Table 2
§ 1321.99 Setting aside funds to address disasters. ( a ) Section 310 of the Act (42 U.S.C. 3030) authorizes the use of funds during Presidentially declared major disaster declarations under the Stafford Act (42 U.S.C. 5121-5207) without regard to distribution through the State agency's intrastate funding formula or funds distribution plan when the following apply: ( 1 ) Title III services are impacted; and
( 2 ) Flexibility is needed as determined by the State agency.
( b ) When implementing this authority, State agencies may set aside funds, up to five percent of their total Title III allocations, if specified as being allowed to be withheld for the purpose in their approved intrastate funding formula or funds distribution plan, or with prior approval from the Assistant Secretary for Aging. The following apply for use of set aside funds: ( 1 ) Set aside funds that are awarded under this provision must comply with the requirements at § 1321.101; and
( 2 ) The State agency must have policies and procedures in place to award funds set aside through the intrastate funding formula, as set forth in § 1321.49, or funds distribution plan, as set forth in § 1321.51(b), if there are no funds awarded subject to this provision within 30 days of the end of the fiscal year in which the funds were received.
EXHIBIT 10.1

                                    AMENDMENT

                                        TO

                              MANAGEMENT AGREEMENT

        WHEREAS,  DEMETER MANAGEMENT  CORPORATION,  a Delaware  corporation (the
"General  Partner") on behalf of MORGAN STANLEY DEAN WITTER  SPECTRUM  TECHNICAL
L.P., a Delaware limited partnership  (formerly,  Dean Witter Spectrum Technical
L.P.)  (the  "Partnership"),  and  JOHN W.  HENRY &  COMPANY,  INC.,  a  Florida
corporation  (the  "Trading  Manager"),  have  agreed  to amend  the  Management
Agreement, dated as of November 1, 1994 (the "Management Agreement"),  among the
Partnership,  the  General  Partner,  and the  Trading  Manager,  to change  the
management fee and the incentive fee payable to the Trading Manager.

        WHEREAS,  all provisions contained in the Management Agreement remain in
full force and effect and are modified  only to the extent  necessary to provide
for the amendment set forth below.

        NOW, THEREFORE, the parties hereto hereby amend the Management Agreement
as follows:

        1.  The  monthly  management  fee rate of 1/3 of 1% (a 4%  annual  rate)
referred to in Section 6(a)(i) of the Management  Agreement is hereby changed to
1/6 of 1% (a 2% annual rate).

        2. The monthly  incentive  fee  percentage of 15% referred to in Section
6(a)(ii) of the Management Agreement is hereby changed to 20%.

        3. The foregoing changes shall take effect as of December 1, 2000.



<PAGE>




        IN WITNESS WHEREOF,  this Amendment to the Management Agreement has been
executed  for and on behalf of the  undersigned  as of the 30th day of November,
2000.

                                          MORGAN STANLEY DEAN WITTER SPECTRUM
                                          TECHNICAL L.P.

                                          By:   Demeter Management Corporation,
                                                General Partner


                                          By:   /s/Robert E. Murray
                                             -----------------------------------
                                                Name:  Robert E. Murray
                                                Title:  President



                                          DEMETER MANAGEMENT CORPORATION


                                          By:   /s/Robert E. Murray
                                             -----------------------------------
                                                Name:  Robert E. Murray
                                                Title:  President



                                          JOHN W. HENRY & COMPANY, INC


                                          By:   /s/D.M. Kozak
                                             -----------------------------------
                                                Name:  David M. Kozak
                                                Title:  Sr. Vice President
§ 1607.5 Compensation. ( a ) While serving on the governing body of a recipient, no attorney member shall receive compensation from that recipient, but any member may receive a reasonable per diem expense payment or reimbursement for actual expenses for normal travel and other reasonable out-of-pocket expenses in accordance with written policies adopted by the recipient.
( b ) Pursuant to a waiver granted under § 1607.6(b)(1), a recipient may adopt policies that would permit partners or associates of attorney members to participate in any compensated private attorney involvement activities supported by the recipient.
( c ) A recipient may adopt policies that permit attorney members, subject to terms and conditions applicable to other attorneys in the service area: ( 1 ) To accept referrals of fee-generating cases under part 1609 of these regulations;
( 2 ) To participate in any uncompensated private attorney involvement activities supported by the recipient;
( 3 ) To seek and accept attorneys' fees awarded by a court or administrative body or included in a settlement in cases undertaken pursuant to §§ 1607.5 (c)(1) and (2); and
( 4 ) To receive reimbursement from the recipient for out-of-pocket expenses incurred by the attorney member as part of the activities undertaken pursuant to § 1607.5(c)(2).
[59 FR 65254, Dec. 19, 1994, as amended at 60 FR 2330, Jan. 9, 1995]
Exhibit 32   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 Annual Report of Noble Quests, Inc., a Nevada corporation (the "Company"), on Form 10-KSB for the year ended June 30, 2007 as filed with the Securities and Exchange Commission (the "Report"), I, Shannon McCallum-Law, Chief Executive and Financial Officer of the Company, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350), that to my knowledge:  (1) The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); 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: September 27, 2007 /s/ Shannon McCallum-Law Shannon McCallum-Law Chief Executive Officer and Chief Financial Officer
#### § 158.601 General rule regarding the imposition of civil penalties.

If any issuer fails to comply with the requirements of this part, civil penalties, as described in this subpart, may be imposed.
BILLING CODE: 6715-01-M

FEDERAL ELECTION COMMISSION 

Sunshine Act Meetings

TIME AND DATE: THURSDAY, AUGUST 10, 2023 AT 10:30 A.M.

PLACE: HYBRID MEETING: 1050 FIRST STREET, N.E. WASHINGTON, D.C. (12TH

FLOOR) AND VIRTUAL. 

NOTE: FOR THOSE ATTENDING THE MEETING IN PERSON, CURRENT COVID-19 

SAFETY PROTOCOLS FOR VISITORS, WHICH ARE BASED ON THE CDC COVID-19 

HOSPITAL ADMISSION LEVEL IN WASHINGTON, D.C., WILL BE UPDATED ON THE 

COMMISSION’S CONTACT PAGE BY THE MONDAY BEFORE THE MEETING. SEE 

THE CONTACT PAGE AT https://www.fec.gov/contact/. IF YOU WOULD LIKE TO 

VIRTUALLY ACCESS THE MEETING, SEE THE INSTRUCTIONS BELOW.

STATUS: THIS MEETING WILL BE OPEN TO THE PUBLIC, SUBJECT TO THE 

ABOVE-REFERENCED GUIDANCE REGARDING THE COVID-19 HOSPITAL 

ADMISSION LEVEL AND CORRESPONDING HEALTH AND SAFETY PROCEDURES.

TO ACCESS THE MEETING VIRTUALLY, GO TO THE COMMISSION’S WEBSITE 

www.fec.gov AND CLICK ON THE BANNER TO BE TAKEN TO THE MEETING PAGE.

MATTERS TO BE CONSIDERED:

REG 2023-02 (Use of Artificial Intelligence in Campaign Ads): Draft 

Notification of Availability

Proposed Final Audit Report on Communications Workers of America –

COPE Political Contributions Committee (A21-09)

Audit Division Recommendation Memorandum on Steve Daines for 

Montana (A21-04)

Audit Division Recommendation Memorandum on Citizens for Waters 

(A21-01)

Draft Advisory Opinion 2023-05: Alamo PAC

Management and Administrative Matters

CONTACT PERSON FOR MORE INFORMATION:

Judith Ingram, Press Officer

Telephone: (202) 694-1220

Individuals who plan to attend in person and who require special assistance, such as 

sign language interpretation or other reasonable accommodations, should contact Laura 

E. Sinram, Secretary and Clerk, at (202) 694-1040, at least 72 hours prior to the meeting 

date.

(Authority: Government in the Sunshine Act, 5 U.S.C. 552b)

Laura E. Sinram

Secretary and Clerk of the Commission
Submitted: August 3, 2023
#### Abraham H. Sarasohn, Appellant, *v.*Rebecca Kamaiky et al., Respondents, Impleaded with Others.

(Submitted January *4,*1909;

decided January 12, 1909.)

Motion for re-argument denied, with ten dollars costs. (See 193 N. T. 203.)
#### § 1326.107 Unsponsored written material.

Letters expressing views or urging action and other unsponsored written material regarding matters in issue in a hearing is placed in the correspondence section of the docket of the proceeding. This material is not deemed part of the evidence or record in the hearing.
Opinion issued July 31, 2018

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-18-00132-CV

———————————

IN RE NEXTGEAR CAPITAL, INC., Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, NextGear Capital, Inc., has filed a petition for writ of mandamus 

challenging the trial court’s denial of its motion to dismiss based on forum-selection 

clause.1 We deny the petition.

 

1 The underlying case is Alireza Delavari Maryan d/b/a Texas Financial Group v. 

NextGear Capital, Inc., US Financial Auto Credit, LLC, Melissa Webb Bryant, and 

Saeid Hashemnezad, cause number 2017-63452, pending in the 151st District Court 

of Harris County, Texas, the Honorable Mike Engelhart presiding.
2

PER CURIAM

Panel consists of Justices Higley, Brown, and Caughey.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Defense

###### Office of the Secretary

# AGENCY:

Office of the Assistant Secretary of Defense (Health Affairs); DoD.

# ACTION:

Notice of meeting.

# SUMMARY:

In accordance with section 10(a)(2) of Public Law 92-463, The Federal Advisory Committee Act, announcement is made of the following meeting:

*Name of Committee:*                         Defense Health Board (DHB).                    

*Dates:*                         December 5, 2006 (Open meeting). December 6, 2006 (Open meeting).                    

*Times:*                         8 a.m.-4 p.m. (December 5, 2006). 8 a.m.-4 p.m. (December 6, 2006).                    

*Location:*                         Naval Amphibious Base Conference Center, Little Creek, 1120 A Street, Building 3430, Norfolk, Virginia 23521-3297.                    

*Agenda:*                         The purpose of the meeting is to address pending and new Board issues and provide briefings for Board members on topics related to ongoing and new Board business. The Board will conduct an executive working session to address administrative matters related internal Board operations.                    

# FOR FURTHER INFORMATION CONTACT:

Colonel Roger Gibson, Executive Secretary, Defense Health Board, Skyline One, 5205 Leesburg Pike, Room 810, Falls Church, VA 22041-3258, (703) 681-3279, extension 114.

# SUPPLEMENTARY INFORMATION:

The entire sessions on December 5, 2006 and December 6, 2006 will be open to the public in accordance with Section 552b(b) of Title 5, U.S.C., specifically subparagraph (1) thereof and Title 5, U.S.C., appendix 1, subsection 10(d). Open sessions of the meeting will be limited to space accommodations. Tours of military facilities will also be limited by space accommodations and host restrictions. Any interested person may attend, appear before or file statements with the Board at the time and in the manner permitted by the Board.

Dated: November 17, 2006.

L.M. Bynum,

Alternate OSD Federal Register, Liaison Officer, Department of Defense.

[FR Doc. 06-9373 Filed 11-22-06; 8:45 am]

BILLING CODE 5001-06-M
<PAGE>

                                                                   EXHIBIT 10.5

                                    AMENDMENT

      AMENDMENT, dated as of December 6, 2000 (this "AMENDMENT"), with respect
to that certain agreement (the "AGREEMENT"; capitalized terms used herein and
not defined shall have the meanings ascribed to such terms in the Agreement),
dated as of October 29, 2000, between About.com, Inc. ("ABOUT") and PRIMEDIA
Inc. on behalf of itself and its wholly owned subsidiaries (collectively,
"PRIMEDIA") pursuant to which About purchased $14,400,000 of Promotional
Services from PRIMEDIA.

      WHEREAS, About has requested and PRIMEDIA has agreed to certain changes to
the schedule of Promotional Services to be provided pursuant to the Agreement;
and

      WHEREAS, in consideration of the scheduling changes About has agreed to
certain amendments to the Agreement as set forth herein;

      NOW, THEREFORE in consideration of the premises, and for good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties hereto hereby agree as follows:

      Section 1.  AMENDMENT OF AGREEMENT. (a) The Agreement is hereby amended
such that paragraph 1.4 is deleted in its entirety and replaced with the
following:

      1.4 PRICE. About shall be charged for all Promotional Services at
      agreed upon rate card rates. With respect to Promotional Services for
      which there are no other regular users, the parties agree to negotiate
      pricing in good faith consistent with rates charged by PRIMEDIA for
      similar services. Except as expressly set forth herein, PRIMEDIA is
      not responsible for any expenses or fees relating to the Advertisements
      including without limitation any agency commissions or fees.

      (b) The Agreement is hereby amended such that paragraph 2 is deleted in
its entirety.

      Section 2.  GOVERNING LAW.  This Amendment shall be governed by, and
construed and enforced in accordance with, the laws of the State of New York.

      Section 3.  MISCELLANEOUS.  Except as otherwise provided herein, all
provisions of the Agreement shall remain in full force and effect.

<PAGE>


      IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the
date first above written.

                                About.com, Inc.


                                 /s/ Scott Kurnit
                                -------------------------------------------
                                Name:  Scott Kurnit
                                Title: Chairman and Chief Executive Officer

                                PRIMEDIA Inc.


                                 /s/ Beverly Chell
                                -------------------------------------------
                                Name:  Beverly Chell
                                Title: Vice Chairman
12 -i CHAPTER 12. CUSTOMER SUBGROUP ANALYSIS

TABLE OF CONTENTS

12.1 INTRODUCTION ............................................................................................................ 12-1

12.2 IMPACTS OF PURCHASE PRICE ................................................................................. 12-112 -1 CHAPTER 1 2. CUSTOMER SUBGROUP ANALYSIS

12.1 INTRODUCTION

The customer subgroup analysis evaluates impacts on identifiable groups of customers who may be disproportionately affected by a national energy efficiency standard. The U.S. Department of Energy (DOE) conducts the customer subgroup analysis in preparation for thenotice of proposed rulemaking. DOE will conduct this analysis, in part, by analyzing the lifecycle cost (LCC) and payback periods (PBPs) for customers who fall into an identifiable group. DOE plans to evaluate variations in energy use and energy prices and use that might affect the net present value of a standard to customer subpopulations. To the extent possible, DOE wi ll obtain estimates of the variability of each LCC and PBP input parameter and will consider that variability in calculating customer impacts. DOE plans to perform sensitivity analyses to consider how differences in energy use will affect subgroups of cust omers.

DOE will determine effects on customer subgroups using the LCC spreadsheet model, which allows for different data inputs. The standard LCC analysis (described in c hapter 9 of the

interim t echnical support document) focuses on various customers purchasing lamps (and related equipment) in different sectors and for different building types . DOE will use the spreadsheet model to analyze the LCC for any subgroup of customer -type by sampling only that subgroup. In

the case of high

- intensity discharge lamps , some of the subgroups DOE may choose to consider

are utilities, transportation facilities, and warehouses

.

12.2 IMPACTS OF PURCHASE PRICE

DOE is especially sensitive to increases in equipment purchase prices related to new standards. DOE wishes to avoid negative impacts on identifiable population groups that may be unable to afford significant increases in equipment price. Because increases in first costs of equipment can preclude the purchase of a new model, some customers may retain equipment

past its useful life. Older equipment is generally less efficient to begin with, and the efficiency of such equipment may deteriorate further if it is retained beyond its useful life. Increases in first cost also can preclude the purchase of new equipment altogethe r, resulting in a potentially large loss of utility to the customer.