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

FOR THE FIFTH CIRCUIT

No. 18-10271

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

WILLIAM EDWARD FRANCO,

Defendant-Appellant

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:17-CR-184-1

Before DAVIS, JONES, and DUNCAN, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent William Edward 

Franco 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). Franco has not filed a response. We have 

reviewed counsel’s brief and the relevant portions of the record reflected 

 

* 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

December 21, 2018

Lyle W. Cayce

Clerk

 Case: 18-10271 Document: 00514770998 Page: 1 Date Filed: 12/21/2018
No. 18-10271

2

therein. We concur with counsel’s assessment that the appeal presents no 

nonfrivolous issue for 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.

 Case: 18-10271 Document: 00514770998 Page: 2 Date Filed: 12/21/2018
V

104TH CONGRESS

1ST SESSION H. R. 2397

For the relief of Jacqueline Darby-Maltbie.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 25, 1995

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

Committee on the Judiciary

A BILL

For the relief of Jacqueline Darby-Maltbie.

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

3 SECTION 1. CREDIT FOR EMPLOYMENT AS A FOREIGN NA4 TIONAL.

5 Notwithstanding section 2105 of title 5, United

6 States Code, Jacqueline Darby-Maltbie of New Orleans,

7 Louisiana, shall be treated as a Federal employee for pur8 poses of civil service retirement, for the 9-year period of

9 employment with the Federal Government as a foreign na10 tional employee in Athens, Greece, and London, England.

Æ
I

104TH CONGRESS

1ST SESSION H. R. 2455

To require that travel awards that accrue by reason of official travel of

a Member, officer, or employee of the Senate or House of Representatives

be used only for official travel or transferred to a qualified non-profit

organization.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 10, 1995

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

Committee on House Oversight, and in addition to the Committee on

Transportation and Infrastructure, 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 require that travel awards that accrue by reason of official travel of a Member, officer, or employee of the

Senate or House of Representatives be used only for

official travel or transferred to a qualified non-profit

organization.

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 ‘‘Frequent Flyer Act

5 of 1995’’.
2

•HR 2455 IH

1 SEC. 2. USE OF FREQUENT FLYER MILES.

2 Section 507 of the Congressional Accountability Act

3 of 1995 (Public Law 104–1; 2 U.S.C. 1436) is amended—

4 (1) in subsection (a)—

5 (A) by inserting ‘‘(1)’’ before ‘‘Notwith6 standing’’; and

7 (B) by adding at the end the following new

8 paragraph:

9 ‘‘(2) The Member for whose office the travel was per10 formed may transfer any travel award to an organization

11 described in section 501(c)(3) of the Internal Revenue

12 Code of 1986 that is exempt from tax under section

13 501(a) of such Act.’’; and

14 (2) by inserting ‘‘or House of Representatives’’

15 after ‘‘Senate’’ each place it appears.

16 SEC. 3. SENSE OF CONGRESS.

17 It is the sense of Congress that commercial airlines

18 that offer travel awards should provide that such travel

19 awards are transferable in a manner consistent with this

20 Act.

Æ
NASA LogoNTRSNTRS - NASA Technical Reports ServerSearchmore_vertCollectionsAboutNewsHelpLogin Back to ResultsThermal/structural analysis of the shaft-disk region of a fan drive systemIn January 1989, a mishap occurred in the National Transonic Facility wind tunnel at NASA-Langley. It is believed that the failure of an insulation retainer holding foam insulation around the exterior of the fan drive shaft resulted in the subsequent damage to other components in the tunnel. The effect was determined of removing the external thermal insulation on the shaft would have on the stresses on the shaft, disk and bolts holding the two together. To accomplish this, a detailed thermal/structural finite element analysis of the shaft-disk interface was performed. The maximum stresses on the three components were determined for several configurations and conditions with and without the external thermal insulation, and then these results were compared to the original analyses to access the effect of removing the external thermal insulation on the proposed future operation of the shaft/disk structures of the fan drive system. Although the stresses were higher without the external insulation, the stresses did meet all stress criteria. In addition, all stresses were within the infinite life regime of the Modified Goodman diagram. Therefore, it was determined that the structural integrity of the shaft-disk region is not compromised if the external insulation is removed.Document ID19900013491Acquisition SourceLegacy CDMSDocument TypeTechnical Memorandum (TM)AuthorsGregory, Peyton B.*(NASA Langley Research Center Hampton, VA, United States)*Holland, Anne D.*(NASA Langley Research Center Hampton, VA, United States)*Date AcquiredSeptember 8, 2013Publication DateMarch 1, 1990Subject CategoryStructural MechanicsReport/Patent NumberNAS 1.15:101687NASA-TM-101687Accession Number90N22807Funding Number(s)PROJECT: RTOP 506-43-41-02Distribution LimitsPublicCopyrightWork of the US Gov. Public Use Permitted.Available DownloadsNameType19900013491.pdfSTIcloud_downloadcontent_copyvisibilityRelated RecordsThere are no records associated with this record.visibility_offNo Preview Available
 No Fear Act | Freedom of Information Act | Office of the Inspector General | Agency Financial ReportsNASA Web Privacy Policy and Important Notices | NASA Guidelines for Quality of InformationDisclaimers, Copyright, Terms of Use | Accessibility | NASA OCIO | USA.gov | NASA.govContact Us | Site MapSTI LogoNASA Official: JoAnne R. Calhoun Site Curator: STI Compliance and Distribution Services Last Modified: September 12, 2024
<TABLE> <S> <C>

<ARTICLE> UT
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE RELATED
FORM 10-K FINANCIAL STATEMENTS FOR CENTERIOR ENERGY CORPORATION AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0000774197
<NAME> CENTERIOR ENERGY CORPORATION
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-START>                             JAN-01-1995
<PERIOD-END>                               DEC-31-1995
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                    6,832,638
<OTHER-PROPERTY-AND-INVEST>                    415,534
<TOTAL-CURRENT-ASSETS>                         926,484
<TOTAL-DEFERRED-CHARGES>                     2,468,448
<OTHER-ASSETS>                                       0
<TOTAL-ASSETS>                              10,643,104
<COMMON>                                     2,319,660
<CAPITAL-SURPLUS-PAID-IN>                            0
<RETAINED-EARNINGS>                          (336,100)
<TOTAL-COMMON-STOCKHOLDERS-EQ>               1,983,560
<PREFERRED-MANDATORY>                          220,440
<PREFERRED>                                    450,871
<LONG-TERM-DEBT-NET>                         3,733,892
<SHORT-TERM-NOTES>                                   0
<LONG-TERM-NOTES-PAYABLE>                            0
<COMMERCIAL-PAPER-OBLIGATIONS>                       0
<LONG-TERM-DEBT-CURRENT-PORT>                  203,392
<PREFERRED-STOCK-CURRENT>                       31,379
<CAPITAL-LEASE-OBLIGATIONS>                    137,260
<LEASES-CURRENT>                                94,653
<OTHER-ITEMS-CAPITAL-AND-LIAB>               3,787,657
<TOT-CAPITALIZATION-AND-LIAB>               10,643,104
<GROSS-OPERATING-REVENUE>                    2,515,522
<INCOME-TAX-EXPENSE>                           135,210
<OTHER-OPERATING-EXPENSES>                   1,791,067
<TOTAL-OPERATING-EXPENSES>                   1,926,277
<OPERATING-INCOME-LOSS>                        589,245
<OTHER-INCOME-NET>                              46,831
<INCOME-BEFORE-INTEREST-EXPEN>                 636,076
<TOTAL-INTEREST-EXPENSE>                       354,908
<NET-INCOME>                                   220,472
<PREFERRED-STOCK-DIVIDENDS>                          0
<EARNINGS-AVAILABLE-FOR-COMM>                        0
<COMMON-STOCK-DIVIDENDS>                       118,425
<TOTAL-INTEREST-ON-BONDS>                      303,857
<CASH-FLOW-OPERATIONS>                         611,735
<EPS-PRIMARY>                                     1.49
<EPS-DILUTED>                                        0
        

</TABLE>
<PAGE>



                                                                    EXHIBIT 32.1


                             CERTIFICATE PURSUANT TO
                             18 U.S.C. SECTION 1350
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


The undersigned, Mason N. Carter, Chief Executive Officer of Merrimac
Industries, Inc. (the "Company"), hereby certifies, pursuant to 18 U.S.C. 1350,
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

     (1) The Company's Quarterly Report on Form 10-QSB for the period ending
     April 3, 2004, as filed with the Securities and Exchange Commission on the
     date hereof (the "Quarterly 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 Quarterly Report fairly presents, in
     all material respects, the financial condition and results of operations of
     the Company.






/s/ Mason N. Carter
-------------------
Mason N. Carter
Chief Executive Officer
May 17, 2004
From: MarkJohnson2 [mailto:MarkJohnson2@my.unt.edu] 

Sent: Thursday, May 28, 2009 5:57 PM 

To: EBSA, E-OHPSCA - EBSA 

Subject: Insurance Coverage for NF

I am a doctoral student in clinical health psychology who provides neurofeedback 

treatment to individuals with Attention Deficit Hyperactivity Disorder and Mood 

Disorders. Neurofeedback is an empirically validated and widely recognized 

effective non-medication treatment for ADHD, as well as other conditions. There 

are over 50 studies evaluating the effectiveness of neurofeedback in the 

treatment of ADHD, substance use disorders and Autism. A recent review of this 

literature concluded "Neurofeedback meets the American Academy of Child and 

Adolescent Psychiatry criteria for Clinical Guidelines for treatment of ADHD." This 

means that neurofeedback meets the same criteria as medication for treating 

ADHD, of which 60% of prescriptions are in fact prescribed "off label," and that 

neurofeedback "should always be considered as an intervention for this disorder 

by the clinician." 

 

This service has been denied by Georgia Medicaid, Aetna, United Behavioral 

Health, Blue Cross, Cigna, and Amerigroup. 

 

This is limitation of an effective and validated treatment for a mental health 

problem. The reasons given by the insurance companies for this denial fell into 

two categories: 1) our company does not cover biofeedback for mental health 

problems or 2) there is not yet sufficient evidence for the efficacy of 

neurofeedback. As such, they are using evidence-based criteria that are far more 

restrictive for mental health services than the criteria which are used for 

medical/surgical services. There are many routine medical and surgical 

procedures which have far fewer controlled studies about their efficacy than does 

neurofeedback. These medical and surgical procedures are generally not limited 

because of concerns about how many controlled studies have been performed 

about them. 

 We believe that the parity regulations, based on legal reviews of the parity 

statute should require that employers and plans pay for the same range and 

scope of services for behavioral treatments as they do for medical surgical 

benefits and that a plan cannot be more restrictive in their managed care criteria 

and reviews for mental health and substance abuse disorders when compared to 

medical surgery. Today plans are being more restrictive in how they review 

evidenced-based mental health and Substance Abuse Treatments when 

compared to medical surgical treatments. This violates both the intent and letter 

of the parity statute and we hope that the regulations will clarify that this can't 

continue. 

 

Thank you. 
Mark Johnson, MS, BCIA-EEG

Doctoral Candidate - Health Psychology & Behavioral Medicine Ph.D Program

Assistant Clinical Coordinator - Neurotherapy Lab - University of North Texas
-----Original Message-----

From: AARP [mailto:aarpwebact@action.aarp.org] 

Sent: Saturday, May 16, 2015 2:13 PM

To: EBSA, E-ORI - EBSA

Subject: Get DOL out of my retirement savings

May 16, 2015

Department of Labor

Dear Labor,

To the Department of Labor:

Americans are counting on retirement accounts for a secure financial future. While I applaud the idea of 

making financial advisors fiduciaries with regard to these accounts, I see many places this noble 

intention can backfire in the rule you propose.

Beyond establishing this status, I ask you to leave enforcement of that status to securities industry 

regulators, perhaps with your stern input to them to insure they do actually enforce it in practice.

Your current proposal assumes far more "bad actors" than it appears exist, overburdens all of the good 

ones, and will create much more redundant, hence useless, paperwork.

Advisers should be working in our best interest. Make that the legal requirement and then get out of 

their way so they can. Don't destroy the whole barrel for a couple of bad apples.

Sincerely,

Dr. Richard Jamison

9 ELK TRL

ASHEVILLE, NC 28804-1544
PUBLIC SUBMISSION

As of: 7/5/15 10:36 AM

Received: June 25, 2015

Status: Pending_Post

Tracking No. 1jz-8jmf-zjj0

Comments Due: July 21, 2015

Submission Type: Web

Docket: EBSA-2010-0050

Definition of the Term ‘‘Fiduciary’’; Conflict of Interest Rule—Retirement Investment Advice; 

Notice of proposed rulemaking and withdrawal of previous proposed rule.

Comment On: EBSA-2010-0050-0205

Definition of Fiduciary; Conflict of Interest Rule-Retirement Investment Advice and Related 

Proposed Prohibited Transaction Exemptions; Hearing and Comment Period Extension

Document: EBSA-2010-0050-DRAFT-0337

Comment on FR Doc # 2015-14921

Submitter Information

Name: Karl Jacobsen

Address: 

902 Rosa Drive

Decorah, IA, 52101

Email: karl2ski@yahoo.com

Phone: 5633821889

General Comment

These rules will impact the growth of business in this country to the negative in so many ways 

unimaginable to the rule makers for what gain by writing the rule? Destroying cash flow in the 

small business world will destroy this country and these rules do nothing to enhance business 

growth which is the lifeblood of the survival of this country. Write a rule that benefits the 

taxpayer such as a mandatory balanced budget and get out of the rule-making cost to business 

process.

Page 1 of 1

https://www.fdms.gov/fdms/getcontent?objectId=0900006481b554ea&format=xml&showo... 7/5/2015
§ 271.609 Requirements for an FRMP plan. ( a ) *In general.* A railroad shall adopt and implement its FRMP through an FRA-approved FRMP plan, developed in consultation with directly affected employees as described under § 271.207. A railroad FRMP plan must contain the elements described in this section. The railroad must submit the plan to FRA for approval under the criteria of subpart D.
( b ) *Goals.* An FRMP plan must contain a statement that defines the specific fatigue-related goals of the FRMP and describes strategies for reaching those goals.
( c ) *Methods* — ( 1 ) *Analysis of fatigue risk.* An FRMP plan shall describe a railroad's method(s) for conducting its fatigue-risk analysis as part of its FRMP. The description shall specify: ( i ) The scope of the analysis, which is the covered population of safety-related railroad employees;
( ii ) The processes a railroad will use to identify fatigue-related railroad safety hazards on its system and determine the degree of risk associated with each fatigue-related hazard identified;
( iii ) The processes a railroad will use to compare and prioritize identified fatigue-related risks for mitigation purposes; and
( iv ) The information sources a railroad will use to support ongoing identification of fatigue-related railroad safety hazards and determine the degree of risk associated with those hazards.
( 2 ) *Mitigation strategies.* An FRMP plan shall describe a railroad's processes for: ( i ) Identifying and selecting fatigue risk mitigation strategies; and
( ii ) Monitoring identified fatigue-related railroad safety hazards.
( 3 ) *Evaluation.* An FRMP plan shall describe: ( i ) A railroad's processes for monitoring and evaluating the overall effectiveness of its FRMP and the effectiveness of fatigue-related mitigation strategies the railroad uses under § 271.607; and
( ii ) A railroad's procedures for reviewing the FRMP as part of the annual assessment of its RRP under § 271.401 and for updating the FRMP plan under the process for amending its RRP plan under § 271.303.
( d ) *FRMP implementation plan.* A railroad shall describe in its FRMP plan how it will implement its FRMP. This description must cover an implementation period not to exceed 36 months, and shall include: ( 1 ) A description of the roles and responsibilities of each position or job function with significant responsibility for implementing the FRMP, including those held by employees, contractors who provide significant FRMP-related services, and other entities or persons that provide significant FRMP services;
( 2 ) A timeline describing when certain milestones that must be met to implement the FRMP fully will be achieved. Implementation milestones shall be specific and measurable;
( 3 ) A description of how the railroad may make significant changes to the FRMP plan under the process for amending its RRP plan in § 271.303; and
( 4 ) The procedures for consultation with directly affected employees on any subsequent substantive amendments to the railroad's FRMP plan. The requirements of this section do not apply to non-substantive amendments (*e.g.,* amendments that update names and addresses of railroad personnel).
Editorial Note on Part 365
Editorial Note: Nomenclature changes to part 365 appear at 66 FR 49870, Oct. 1, 2001.

§ 365.505 Re-registration and fee waiver for certain applicants. ( a ) If you filed an application using Form OP-1(MX) before May 3, 2002, you are required to file a new Form OP-1(MX). You do not need to submit a new fee when you file a new application under this subpart.
( b ) If you hold a Certificate of Registration issued before April 18, 2002, authorizing operations beyond the municipalities along the United States-Mexico border and beyond the commercial zones of such municipalities, you are required to file an OP-1(MX) if you want to continue those operations. You do not need to submit a fee when you file an application under this subpart. ( 1 ) You must file the application by November 4, 2003.
( 2 ) The FMCSA may suspend or revoke the Certificate of Registration of any applicable holder that fails to comply with the procedures set forth in this section.
( 3 ) Certificates of Registration issued before April 18, 2002, will remain valid until the FMCSA acts on the OP-1(MX) application.
[67 FR 12714, Mar. 19, 2002, as amended at 68 FR 56198, Sept. 30, 2003]
#### § 29.600 May a Tribe withdraw from a consortium?

A Tribe may fully or partially withdraw from a consortium in accordance with any applicable terms and conditions of a consortium agreement with the Tribe. The withdrawing Tribe must provide written notification to the consortium and the Department of its decision to withdraw.
EBSA-2010-0050-DRAFT-0500.html[7/20/2015 3:54:49 PM]

PUBLIC SUBMISSION

As of: July 16, 2015

Received: July 08, 2015

Status: Pending_Post

Tracking No. 1jz-8jva-1x7m

Comments Due: July 21, 2015

Submission Type: Web

Docket: EBSA-2010-0050

Definition of the Term ‘‘Fiduciary’’; Conflict of Interest Rule—Retirement Investment Advice; Notice of

 proposed rulemaking and withdrawal of previous proposed rule.

Comment On: EBSA-2010-0050-0205

Definition of Fiduciary; Conflict of Interest Rule-Retirement Investment Advice and Related Proposed

 Prohibited Transaction Exemptions; Hearing and Comment Period Extension

Document: EBSA-2010-0050-DRAFT-0500

Comment on FR Doc # 2015-14921

Submitter Information

Name: Eric Schrader

General Comment

I can plan my own retirement. The Government should not tell anyone how to use their own money.
<PAGE>

                                                                    EXHIBIT 32.2

                             CERTIFICATE PURSUANT TO
                             18 U.S.C. SECTION 1350
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, Robert V. Condon, Chief Financial Officer of the Company,
hereby certifies, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that:

     (1) The Quarterly 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 Quarterly Report fairly presents, in
     all material respects, the financial condition and results of operations of
     the Company.


/s/ Robert V. Condon
Robert V. Condon
Chief Financial Officer
November 12, 2003
#### § 236.340 Electromechanical interlocking machine; locking between electrical and mechanical levers.

In electro-mechanical interlocking machine, locking between electric and mechanical levers shall be maintained so that mechanical lever cannot be operated except when released by electric lever.