alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 13-10418

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff–Appellee,

v.

TY ERIC PAGE,

Defendant–Appellant.

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 5:12-CR-83-1

Before WIENER, OWEN, and HAYNES, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Ty Eric Page 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). Page 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 

* 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

January 16, 2014

Lyle W. Cayce

Clerk

 

 Case: 13-10418 Document: 00512503665 Page: 1 Date Filed: 01/16/2014
No. 13-10418

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

GRANTED, counsel is excused from further responsibilities herein, and the 

APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

2

 Case: 13-10418 Document: 00512503665 Page: 2 Date Filed: 01/16/2014
Form approved. OMB No. 2070-0060, 2070-0057, 2070-0107, 2070-0122, 2070-0164.

 United States 

Environmental Protection Agency

Washington, DC 20460 

Formulator’s Exemption Statement

(40 CFR 152.85)

EPA File Symbol/Registration Number 

Product Name 

 Applicant’s Name and Address 

Date of Confidential Statement of Formula (EPA Form 8570-4)

As an authorized representative of the applicant for registration of the product identified above, I certify that: 

 (1) This product contains the following active ingredient(s): 

(2) Of these, each active ingredient listed in paragraph (4) is present solely as the result of the use of that active ingredient in the manufacturing, 

formulation or repackaging another product which contains that active ingredient which is registered under FIFRA Section 3, is purchased by

us from another person and meets the requirements of 40 CFR section 158.50(e)(2) or (3). 

(3) Indicate by checking (A) or (B) below which paragraph applies: 

  (A) An accurate Confidential Statement of Formula (EPA FORM 8570-4) for the above identified product is attached to this statement. 

 That formula statement indicates, by company name, registration number, and product name, the source of the active ingredient(s) listed in 

 paragraph (1). 

OR 

  (B) The Confidential Statement of Formula (CSF)(EPA Form 8570-4) referenced above and on file with the EPA is complete, current, an 

 accurate and contains the information required on the current CSF. 

 (4) The following active ingredients in this product qualify for the formulator’s exemption. 

Source

Active Ingredient Product Name Registration Number 

Signature Name and Title Date 

EPA Form 8570-27 (Rev. 06-2004) Copy 1 – EPA 

 Copy 2 - Applicant copy
Paperwork Reduction Act Notice 

The public reporting burden for this collection of information is estimated to average 1.5. hours per response, 

including familiarization with the form, organizing the necessary information, and completing the form. Send 

any comments regarding the burden estimate or any other aspect of this collection of information to: Director, 

Collection Strategies Division (2822T), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, 

N.W., Washington, DC 20460. Do not send the completed form to this address.

EPA Form 8570-27 (Rev. 06-2004) Reverse Copy 1 - EPA Copy 2 - Applicant copy
#### Everett & Son *et al. v.*Ferst’s Sons & Co.

Argued June 6,

Decided November 10, 1906.

Complaint. Before Judge Brannen. City court of Statesboro. January 30, 1905.

*B. Lee Moore,*for plaintiffs in error,

cited: Acts 1900, p. 53 (Van Epps’ Code Supp. § 6185); 2 Bouv. L. Dict. 475; Blade’s L. Dict. (1891) 1039; Web. Internat. Dict. (1894) 1232; 3 Universal Dict. (1897) 3989; 6 Cent. Dict. 5131; 3 Bl. Com. 277; 111 Iowa, 324; 66 Iowa, 560; 111 Cal. 131.

*G. B. Johnston,*contra,

cited: Civil Code, §4984; *Ga. R.*33/-146; 39/595-7; 57/245; 100/148; 122/277, 278.

Beck, J.

1. The expression “return day,” as used in the act of 1900 amending the Civil Code, § 3667 (Acts 1900, p. 53; Van Epps’ Code Supp. § 6185), means the same as “filing day,” or the last day on which suits may be filed so as to be returnable to the next term. *Baxley*v. *Bennett,*38 *Ga.*146; *Hood*v. *Powers,*57 *Ga.*245.

2. Consequently where the undisputed evidence showed that written notice was given, as provided in said section, by the holder of certain promissory notes which contained obligations to pay attorney’s fees, of the holder’s intention to sue and of the term of court to which suit would be brought, it was not error for the court, on the trial of a suit brought upon such notes, to direct a verdict for the plaintiff for the amount of the attorney’s fees stipulated in the notes, though, subsequently to the return day and before the first day of the term, the defendant had fully paid the principal, interest, and accrued costs.

*Judgment affirmed.*

*All the Justices concur.*
###### Editorial Note on Part 154

#### Editorial Note:

Nomenclature changes to part 154 appear part 154 appear by CGD-95-072, 60 FR 50466, Sept. 29, 1995, CGD-96-041, 61 FR 50732, Sept. 27, 1996, USCG-2009-0702, 74 FR 49235, Sept. 25, 2009, and USCG-2012-0832, 77 FR 59785, Oct. 1, 2012.

#### § 154.200 Stability requirements: General.

Each vessel must meet the applicable requirements in subchapter S of this chapter.

[CGD 79-023, 48 FR 51009, Nov. 4, 1983]
Editorial Note on Part 154
Editorial Note: Nomenclature changes to part 154 appear part 154 appear by CGD-95-072, 60 FR 50466, Sept. 29, 1995, CGD-96-041, 61 FR 50732, Sept. 27, 1996, USCG-2009-0702, 74 FR 49235, Sept. 25, 2009, and USCG-2012-0832, 77 FR 59785, Oct. 1, 2012.

§ 154.1410 Decontamination shower. When Table 4 references this section, a vessel carrying the listed cargo must have a decontamination shower and an eye wash that: ( a ) Are on the weatherdeck; and
( b ) Have their location marked EMERGENCY SHOWER in letters: ( 1 ) 7.6 cm (3 in.) high; and
( 2 ) 5.1 cm (2 in.) wide.
combustionsurvey

- Fw: NCASI Comments on Technical Issues

-----Forwarded by Brian Shrager/RTP/USEPA/US on 07/ 16/2011 03:43PM -----

To: Brian Shrager/RTP/USEPA/US@EPA From: Ashok Jain <ajain@src-ncasi.org> Date: 07/15/2011 02:34PM Cc: RobertJ Wayland/RTP/USEPA/US@EPA, Tim Hunt <Tim _Hunt@afandpa.org>, John Pinkerton <JPinkerton@ncasi.org>, Jim Eddinger/RTP/USEPA/US@EP A, Peter Tsirigotis/RTP/USEPA/US@EPA Subject: NCASI Comments on Technical Issues (See attached file: NCASI Comments on Technical Iss ues with Boiler MACT and CISWI Standards.pdf)

Attached are NCASI comments in response to EPA's reconsideration of
the boiler MACT and CISWI standards.

-- Ashok K. Jain Southern Regional Manager National Council for Air and Stream Improvement (NCASI) 402 SW 140th Terrace Newberry, FL 32669 352-331-1745 (voice) 352-331-1766 (fax)

To be removed from this distribution list, send your request to publications@ncasi.org

= From: Brian Shrager <Shrager.Brian@epamail.epa.gov> To: <combustionsurvey@erg.com> Date: 7/16/2011 3:44 PM Subject: Fw: NCASI Comments on Technical Issues Attachments: NCASI Comments on Technical Issues with Boiler MACT and CISWI Standards.pdf Page 1 of 1

8/2/2011 file://C:\Documents and Settings\GGibson\Local Settings\Temp\XPgrpw ise\4E21B1E3DO

...
150°0'0"W

150°0'0"W

151°0'0"W

151°0'0"W

61°0'0"N

61°0'0"N

Hope

Salamatof

Skilak Lake

C o o k

I n l e t

Scenic Lake

Pepper Lake

Gene Lake

Unnamed Lake in

T. 6 N., R. 5 W., Sec. 11

Swanson Lake

Sterling Highway

Figure 21. Alternative D - Airplane

Access to Lakes in Designated

Wilderness North of the Sterling Highway

Produced in the Division of Realty

and Natural Resources

Anchorage, Alaska

Current to: February 28, 2008

0 2.5 5 10

Miles

08-0059 JGB

0 3.5 7 14

Kilometers

Cook Lake Sandpiper Lake

Vogel Lake Bird Lake

Tangerra Lake

Taiga Lake

Norak Lake

Bedlam Lake

Mull Lake

Shoepac Lake

Nekutak Lake

Wilderness Lake

King Lake

Grouse Lake

Snowshoe Lake

Kenai Sterling

Soldotna

Chickaloon Bay

Turnagain Arm

Neckshorta Lake

Falcon Lake

Wren Lake

Muskrat Lake

Rabbitfoot Lake

Angler Lake

Kenai

NWR

Anchorage

Map

Extent

Note: This map does not address land ownership.

Open

Early Access

Ice Fishing Only

Early Access - Non Wilderness

Change from Alternative A

Dave Spencer Wilderness Area

Andrew Simons Wilderness Area

Mystery Creek Wilderness Area

Refuge Boundary

Beaver Lake
I 

111TH CONGRESS 

1ST SESSION H. R. 212 

To amend the Internal Revenue Code of 1986 to extend bonus depreciation 

for 2 years. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 6, 2009 

Mr. WILSON of South Carolina introduced the following bill; which was 

referred to the Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to extend 

bonus depreciation for 2 years. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Bonus Depreciation 

5 Extension Act of 2009’’. 

6 SEC. 2. TWO-YEAR EXTENSION OF BONUS DEPRECIATION. 

7 (a) IN GENERAL.—Paragraph (2) of section 168(k) 

8 of the Internal Revenue Code of 1986 is amended— 

9 (1) by striking ‘‘January 1, 2010’’ and insert10 ing ‘‘January 1, 2012’’, and 


wwoods2 on PRODPC68 with BILLS
2 

•HR 212 IH

1 (2) by striking ‘‘January 1, 2009’’ and insert2 ing ‘‘January 1, 2011’’. 

3 (b) NEW YORK LIBERTY ZONE.—The last sentence 

4 of section 1400L(b)(2)(A) of such Code is amended by 

5 striking ‘‘December 31, 2006 (December 31, 2009’’ and 

6 inserting ‘‘December 31, 2008 (December 31, 2011’’. 

7 (c) CONFORMING AMENDMENTS.— 

8 (1) The heading for subsection (k) of section 

9 168 of such Code is amended by striking ‘‘JANUARY

10 1, 2009’’ and inserting ‘‘JANUARY 1, 2011’’. 

11 (2) The heading for clause (ii) of section 

12 168(k)(2)(B) of such Code is amended by striking 

13 ‘‘PRE-JANUARY 1, 2009’’ and inserting ‘‘PRE-JANU14 ARY 1, 2011’’. 

15 (3) Section 168(l)(5)(B) of such Code is 

16 amended by striking ‘‘January 1, 2009’’ and insert17 ing ‘‘January 1, 2011’’. 

18 (4) Subparagraph 1400N(d)(3) of such Code is 

19 amended by striking ‘‘January 1, 2009’’ and insert20 ing ‘‘January 1, 2011’’. 

21 (d) EFFECTIVE DATE.—The amendments made by 

22 this section shall apply to property placed in service after 

23 December 31, 2009. 

Æ 


wwoods2 on PRODPC68 with BILLS
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<NAME> Coaxial Financing Corp.
[LEGEND]
This schedule contains summary information extracted from the Registrant Company
Balance Sheet (Unaudited) for June 30, 2000 and Statement of Operations
(Unaudited) for the Six Months ended June 30, 2000 and is qualified in its
entirety by reference to such financial statements.
[/LEGEND]
<MULTIPLIER> 1

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                           1,000
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 1,000
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                   1,000
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            10
<OTHER-SE>                                         990
<TOTAL-LIABILITY-AND-EQUITY>                     1,000
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                         0
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0



</TABLE>
###### Editorial Note on Part 151

#### Editorial Note:

Nomenclature changes to part 151 appear by USCG-2009-0702, 74 FR 49236, Sept. 25, 2009, and USCG-2012-0832, 77 FR 59784, Oct. 1, 2012.

#### § 151.03-38 Nondestructive testing.

Nondestructive testing includes ultrasonic examination, liquid penetrant examination, magnetic particle examination, radiographic examination, eddy current, and acoustic emission.

[CGD 85-061, 54 FR 50965, Dec. 11, 1989]
§ 11.542 Endorsement as chief engineer (MODU). ( a ) To qualify for an endorsement as chief engineer (MODU) an applicant must— ( 1 ) Present evidence of one of the following: ( i ) Six years of employment assigned to MODUs, including 3 years of employment as mechanic, motorman, subsea engineer, electrician, barge engineer, toolpusher, unit superintendent, crane operator, or equivalent. Eighteen months of that employment must have been assigned to self-propelled or propulsion assisted units.
( ii ) Two years of employment assigned to MODUs as an assistant engineer (MODU). Twelve months of that employment must have been assigned to self-propelled or propulsion assisted units; and
( 2 ) Present evidence of completion of a firefighting training course as required by § 11.201(h) of this part.
( b ) If an applicant successfully completes an examination and possesses the total required sea service for an endorsement as chief engineer (MODU), but does not possess the required sea service onboard self-propelled or propulsion assisted units, the Coast Guard may issue the applicant an endorsement limited to non-self-propelled units. The Coast Guard may remove the limitation upon presentation of satisfactory evidence of the required self-propelled sea service and completion of any additional required examination.
( c ) A person holding this endorsement may qualify for an STCW endorsement, according to §§ 11.325, 11.327, and 11.331 of this part.
§ 108.475 Piping. ( a ) Each pipe, valve, and fitting in a foam extinguishing system must meet the applicable requirements in Subchapter F of this chapter.
( b ) Each pipe, valve, and fitting made of ferrous material must be protected inside and outside from corrosion.
( c ) Each pipe, valve, and fitting must have support and protection from damage.
( d ) Each foam extinguishing system must have enough— ( 1 ) Dirt traps to prevent the accumulation of dirt in its pipes; and
( 2 ) Drains to remove liquid from the system.
( e ) Piping in a foam extinguishing system must be used only for discharging foam.
#### § 900.101 Purpose.

This regulation prescribes the policies and procedures of the Denali Commission (Commission) for implementing the National Environmental Policy Act of 1969 (NEPA) as amended (42 U.S.C. 4321-4347) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA (40 CFR parts 1500 through 1508). This regulation also addresses other related federal environmental laws, statutes, regulations, and Executive Orders that apply to Commission actions. This part adopts, supplements, and is to be used in conjunction with, 40 CFR parts 1500 through 1508, consistent with 40 CFR 1507.3.
#### § 126.420 Application for Certificate of Inspection.

You must submit a written application for an inspection for certification to the cognizant OCMI. To renew a Certificate of Inspection, you must submit an application at least 30 days before the expiration of the tank vessel's current certificate. You must use Form CG-3752, Application for Inspection of U.S. Vessel, and submit it to the OCMI at, or nearest to, the port where the vessel is located. When renewing a Certificate of Inspection, you must schedule an inspection for certification within the 3 months before the expiration date of the current Certificate of Inspection.

[USCG-1999-4976, 65 FR 6505, Feb. 9, 2000]
§ 614.3 Materials relating to closed portions of meetings. If a portion or portions of any meeting of the National Science Board are closed to the public under § 614.2: ( a ) The General Counsel of the National Science Foundation shall publicly certify that, in his opinion, that portion or portions may properly be closed to the public. The certificate shall state the exemptions under 5 U.S.C. 552b(c) that make the closings proper.
( b ) The presiding officer of the meeting (usually the Chairman of the Board) shall furnish a statement setting forth the time and place of the meeting and the persons present.
( c ) The Board shall make a complete transcript or electronic recording adequate to record fully the proceedings of each portion of the meeting that is closed to the public.
( d ) The National Science Board Office shall maintain the General Counsel's certificate, the presiding officer's statement, and the transcript or recording of the meeting for at least three years after the meeting and at least one year after the Board completes consideration of any proposal, report, resolution, or similar matter discussed in any closed portion of the meeting.
[42 FR 14719, Mar. 16, 1977, as amended at 75 FR 40755, July 14, 2010]
SUNSHINE ACT NOTICES
 

AGENCY: FEDERAL ELECTION COMMISSION BILLING CODE: 6715-01-M
 

DATE & TIME: THURSDAY, DECEMBER 2,2010, AT 10:00 A.M. 

PLACE: 999 E STREET, N.W., WASHINGTON, D.C. (NINTH FLOOR) 

STATUS: THIS MEETING WILL BE OPEN TO THE PUBLIC. 

ITEMS TO BE DISCUSSED: 

Proposed Final Audit Report on Biden for President, Inc. 

Proposed Final Audit Report on the Washington State Democratic Central Committee 

Proposed Final Audit Report on the Tennessee Republican Party Federal Election 

Account 

Proposed Final Audit Report on the Tennessee Democratic Party 

Individuals who plan to attend and require special assistance, such as sign language 

interpretation or other reasonable accommodations, should contact Shawn Woodhead 

Werth, Commission Secretary and Clerk, at (202) 694-1040, at least 72 hours prior to 

the hearing date. 

PERSON TO CONTACT FOR INFORMATION:	 Judith Ingram, Press Officer 

Telephone: (202) 694-1220 

Signed: ft~(JniJuui!l(JU
 )

Shawn Woodhead Werth / 

Secretary and Clerk of the Cor4,mission 

Received at the FEDERAL REGISTER: November 30, 2010
* 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

August 16, 2005

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________

No. 04-41079

_____________________

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

SEALED APPELLANT 1,

Defendant - Appellant.

__________________________________________________________________

Appeal from the United States District Court

for the Eastern District of Texas, Beaumont

USDC No. 1:03-CR-67-12-RHC

_________________________________________________________________

Before JOLLY, DENNIS, and OWEN, Circuit Judges.

PER CURIAM:*

The plea agreement in this case did not bar the instant appeal

because of representations made in open court that were

inconsistent with the written agreement. Consequently, we will

review the Booker error that was preserved at sentencing. 

It is evident that the sentence, which was imposed under a

mandatory guidelines regime, constituted a Sixth Amendment

violation under the teachings of United States v. Booker, 125 S.Ct.

738 (2005). Because Sealed Appellant 1 preserved this error in the

district court, the question before us is whether the error was
2

harmless beyond a reasonable doubt. See United States v. Pineiro,

410 F.3d 282, 284 (5th Cir. 2005). We hold that the error was

harmless beyond a reasonable doubt because even if the error were

cured, the sentence would be the same. We say this because the

district court made this point explicitly clear when it said:

The court will also note that in the event

that a higher court rules that the Sentencing

Guidelines, as some courts out west have

ruled, are completely invalid, that in that

case, the court would impose the same sentence

basically for the reasons set out since the

statutory provisions are up to 20 years, and

this is within that amount. Based on the

amount of drugs involved, based upon the

criminal history, based upon his role in the

conspiracy, the court would find that, in its

discretion, the same sentence of 86 months

would be appropriate.

Based on the above statement, we find the error harmless

beyond a reasonable doubt. Accordingly, the sentence is

AFFIRMED.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1541 Engrossed in House (EH)]

111th CONGRESS
  1st Session
                                H. R. 1541

_______________________________________________________________________

                                 AN ACT

 
To provide for an additional temporary extension of programs under the 
 Small Business Act and the Small Business Investment Act of 1958, and 
                          for other purposes.

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

SECTION 1. EXTENSION.

    (a) In General.--Section 1 of the Act entitled ``An Act to extend 
temporarily certain authorities of the Small Business Administration'', 
approved October 10, 2006 (Public Law 109-316; 120 Stat. 1742), as most 
recently amended by section 1 of Public Law 110-235 (122 Stat. 1552), 
is amended by striking ``March 20, 2009'' in each place it appears and 
inserting ``July 31, 2009''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on March 19, 2009.

            Passed the House of Representatives March 17, 2009.

            Attest:

                                                                 Clerk.
111th CONGRESS

  1st Session

                               H. R. 1541

_______________________________________________________________________

                                 AN ACT

To provide for an additional temporary extension of programs under the 
 Small Business Act and the Small Business Investment Act of 1958, and 
                          for other purposes.
```
§ 132.110 Piping. ( a ) Except as provided for liftboats by § 134.180 of this subchapter, each fitting, flange, valve, and run of piping must meet the applicable requirements of part 128 of this subchapter. Piping must be— ( 1 ) Hot-dip galvanized;
( 2 ) At least extra-heavy schedule; or
( 3 ) Of a suitable corrosion-resistant material.
( b ) Each distribution cut-off valve must be marked in compliance with § 131.820 of this subchapter.