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-83,798-03

EX P ARTE BASIL IO CRUZ , Appli cant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 2018-DCR- 00222-A IN THE 107 DISTRICT COURT T H F ROM CAM ERON COUNTY

Per curiam . O P I N I O N Applicant was convicted of one count of possession of marihuana and o n e co u n t of possession of cocaine an d s entenced to five y ear s’ i mprisonment for each count. Applicant filed this application for a writ of habea s corpus in the county of conviction , and the district cler k forwa rded it to this Court. See T E X . C O D E C R I M . P R O C . art. 11.07. Applicant contends that counsel was ineffe ctive an d th a t law enfor ceme nt violated his Four th Amendment rig hts. Applicant does not alleg e fac ts which, if true, wo uld entitle him to relief

. Ex parte Maldonado , 688 S.W .2d 114, 116 (Tex. Crim. App. 1985). Ne verthe less, the State and trial

cour t re co m m end that Applicant be g rante d relief beca use he ag ree d to an illega l sentenc e. I t is appar ent from the f

ace of the re cord tha t Applicant is entitled to relief.2

Relief is g rante d. Brady v. United S t ates , 397 U.S. 742 (1970). The judgme nt in cause number 2018-DCR-0222 in the 107 District Court of Cameron County is set aside, and Applicant t h is rema nded to the custody of the Sheriff of Cameron County to answe r the char g es as set out in the indictment. The trial court shall issue any nece ssary bench war rant within ten day s from the date of this Court’s mandate. Co p ie s o f th is o p in io n shall be sent to the Texas Depa rtment of Criminal J ustice–Corre cti o n a l I nstitut ions Division and the Boa rd of Par dons and Paroles.

Deliver ed: April 29, 2020 Do not publish
§ 383.121 Requirements for hazardous materials endorsement. In order to obtain a hazardous materials endorsement, each applicant must have such knowledge as is required of a driver of a hazardous materials laden vehicle, from information contained in 49 CFR parts 171, 172, 173, 177, 178, and 397, on the following: ( a ) Hazardous materials regulations including: ( 1 ) Hazardous materials table;
( 2 ) Shipping paper requirements;
( 3 ) Marking;
( 4 ) Labeling;
( 5 ) Placarding requirements;
( 6 ) Hazardous materials packaging;
( 7 ) Hazardous materials definitions and preparation;
( 8 ) Other regulated material (e.g., ORM-D);
( 9 ) Reporting hazardous materials accidents; and
( 10 ) Tunnels and railroad crossings.
( b ) Hazardous materials handling including: ( 1 ) Forbidden materials and packages;
( 2 ) Loading and unloading materials;
( 3 ) Cargo segregation;
( 4 ) Passenger carrying buses and hazardous materials;
( 5 ) Attendance of motor vehicles;
( 6 ) Parking;
( 7 ) Routes;
( 8 ) Cargo tanks; and
( 9 ) “Safe havens.”
( c ) Operation of emergency equipment including: ( 1 ) Use of equipment to protect the public;
( 2 ) Special precautions for equipment to be used in fires;
( 3 ) Special precautions for use of emergency equipment when loading or unloading a hazardous materials laden motor vehicle; and
( 4 ) Use of emergency equipment for tank vehicles.
( d ) Emergency response procedures including: ( 1 ) Special care and precautions for different types of accidents;
( 2 ) Special precautions for driving near a fire and carrying hazardous materials, and smoking and carrying hazardous materials;
( 3 ) Emergency procedures; and
( 4 ) Existence of special requirements for transporting Class 1.1 and 1.2 explosives.
( e ) Operating practices and procedures not otherwise specified.
[76 FR 26890, May 9, 2011]
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.
 Federal Communications Commission
 The following has been deleted from the list of Agenda items scheduled for consideration at the September 11, 2007, Open Meeting and previously listed in the Commission's Notice of September 4, 2007. 
                    ( print page 52129) Item No.
Bureau
Subject4
Media
*Title:*
                             Implementation of Section 621(a)(1) of the Cable Communications Policy Act of 1984 as amended by the Cable Television Consumer Protection and Competition Act of 1992 (MB Docket No. 05-311).*Summary:*
                             The Commission will consider a Second Report and Order concerning Section 621(a)(1)'s directive that local franchising authorities not unreasonably refuse to award competitive franchises and the application of the Commission's findings in the First Report and Order to incumbent providers.
 Federal Communications Commission. Marlene H. Dortch, Secretary.


[FR Doc. 07-4497 Filed 9-10-07; 11:56 am] BILLING CODE 6712-01-P
H. Res. 1

In the House of Representatives, U.S.,

January 3, 2001.

Resolved, That Jeffrey J. Trandahl of the State of South

Dakota, be, and is hereby, chosen Clerk of the House of Representatives.

Resolved, That Wilson S. Livingood of the Commonwealth of Virginia, be, and is hereby, chosen Sergeant at

Arms of the House of Representatives.

Resolved, That James M. Eagen, III, of the Commonwealth of Pennsylvania, be, and is hereby, chosen Chief Administrative Officer of the House of Representatives.

Resolved, That Father Daniel P. Coughlin of the State

of Illinois, be, and is hereby, chosen Chaplain of the House

of Representatives.

Attest:

Clerk.
EBSA-2010-0050-DRAFT-1225.html[7/22/2015 4:08:26 PM]

PUBLIC SUBMISSION

As of: July 16, 2015

Received: July 08, 2015

Status: Pending_Post

Tracking No. 1jz-8jvd-7gtg

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-1225

Comment on FR Doc # 2015-14921

Submitter Information

Name: brandon Barrera-Rubio

General Comment

I don't want someone telling me how to spend my hard earned cash.
H. Res. 247

In the House of Representatives, U.S.,

October 2, 2001.

Whereas Cal Ripken, Jr., played in 2,632 consecutive Major

League Baseball games and holds the all-time record for

consecutive games played by a Major League player,

shattering Lou Gehrig’s record of 2,130;

Whereas Ripken has over 3,000 career hits and ranks 14th

on the all-time hit list;

Whereas Ripken is 1 of only 7 players to have 400 home runs

and 3,000 hits in a career;

Whereas Ripken was an All-Star 19 times in his Major

League career, twice winning Most Valuable Player of the

All-Star Game;

Whereas Ripken was named to Major League Baseball’s AllCentury Team;

Whereas Ripken has won 2 Golden Gloves and 2 Most Valuable Player awards;

Whereas Ripken played all 21 of his Major League seasons

with the Baltimore Orioles, choosing to stay with his

team in an era dominated by free agency;

Whereas at one point during his career with the Orioles,

Ripken’s brother Bill Ripken was also playing for the

team, and his father, Cal Ripken, Sr., was managing;
2

•HRES 247 EH

Whereas Ripken has been a model citizen for Harford County, Maryland, and the Baltimore City metropolitan area

while contributing millions of dollars and countless hours

to community projects;

Whereas Ripken and his wife Kelly have led their community

in projects ranging from battling illiteracy to helping

inner-city youth through various foundations, including

the Kelly and Cal Ripken, Jr., Foundation, the Baltimore

Reads Ripken Learning Center, and the Reading, Runs,

and Ripken program; and

Whereas Ripken has pledged $9,000,000 for the construction

of a baseball facility in Harford County, Maryland, which

includes 6 baseball fields, recreational facilities, and dormitories: Now, therefore, be it

Resolved, That the House of Representatives honors Cal

Ripken, Jr., for an outstanding career, congratulates him on

his retirement, and thanks him for his contributions to baseball, to the State of Maryland, and to the Nation.

Attest:

Clerk.
EBSA-2010-0050-DRAFT-1208.html[7/22/2015 3:43:49 PM]

PUBLIC SUBMISSION

As of: July 16, 2015

Received: July 08, 2015

Status: Pending_Post

Tracking No. 1jz-8jvd-546y

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-1208

Comment on FR Doc # 2015-14921

Submitter Information

Name: Jim Burkart

General Comment

I have worked hard and invested conservatively. Do not restrict my ability to use my own savings t.
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 04-50114

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ARNULFO ESCOBEDO-SOLTERO,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. EP-03-CR-1536-ALL-PM

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

Before BARKSDALE, DeMOSS, and CLEMENT, Circuit Judges.

PER CURIAM:*

 Arnulfo Escobedo-Soltero appeals the sentence imposed

following his guilty plea conviction of being found in the United

States after deportation/removal in violation of 8 U.S.C. § 1326. 

Escobedo-Soltero contends that 8 U.S.C. § 1326(a) and 8 U.S.C.

§ 1326(b) define separate offenses. He argues that the prior

conviction that resulted in his increased sentence is an element

of a separate offense under 8 U.S.C. § 1326(b) that should have

been alleged in his indictment. Escobedo-Soltero maintains that

United States Court of Appeals

Fifth Circuit

F I L E D

June 23, 2004

Charles R. Fulbruge III

Clerk
No. 04-50114

-2-

he pleaded guilty to an indictment which charged only simple

reentry under 8 U.S.C. § 1326(a). He argues that his sentence

exceeds the two-year maximum term of imprisonment which may be

imposed for that offense. 

In Almendarez-Torres v. United States, 523 U.S. 224, 235

(1998), the Supreme Court held that the enhanced penalties in

8 U.S.C. § 1326(b) are sentencing provisions, not elements of

separate offenses. The Court further held that the sentencing

provisions do not violate the Due Process Clause. Id. at 239-47. 

Escobedo-Soltero acknowledges that his arguments are foreclosed

by Almendarez-Torres, but asserts that the decision has been cast

into doubt by Apprendi v. New Jersey, 530 U.S. 466, 490 (2000). 

He seeks to preserve his arguments for further review. 

Apprendi did not overrule Almendarez-Torres. See Apprendi,

530 U.S. at 489-90; United States v. Dabeit, 231 F.3d 979, 984

(5th Cir. 2000). This court must follow Almendarez-Torres

“unless and until the Supreme Court itself determines to overrule

it.” Dabeit, 231 F.3d at 984 (internal quotation marks and

citation omitted). The judgment of the district court is

AFFIRMED.

The Government has moved for a summary affirmance in lieu of

filing an appellee’s brief. In its motion, the Government asks

that an appellee’s brief not be required. The motion is GRANTED. 

AFFIRMED; MOTION GRANTED.
Exhibit 21-3



PECO ENERGY COMPANY SUBSIDIARY LISTING



|                                      |  |                         
|------------------------------------- |  | ------------------------
|Affiliate                             |  | Jurisdiction ofFormation
|Adwin (Schuylkill) Cogeneration, Inc. |  | Pennsylvania            
|Adwin Realty Company                  |  | Pennsylvania            
|ATNP Finance Company                  |  | Delaware                
|ExTel Corporation, LLC                |  | Delaware                
|Horizon Energy Company                |  | Pennsylvania            
|PEC Financial Services, LLC           |  | Pennsylvania            
|PECO Energy Capital Corp.             |  | Delaware                
|PECO Energy Capital Trust III         |  | Delaware                
|PECO Energy Capital Trust IV          |  | Delaware                
|PECO Energy Capital Trust V           |  | Delaware                
|PECO Energy Capital Trust VI          |  | Delaware                
|PECO Energy Capital, LP               |  | Delaware                
|PECO Energy Transition Trust          |  | Delaware                
|PECO Wireless, LP                     |  | Delaware
§ 392.5 Alcohol prohibition. ( a ) No driver shall— ( 1 ) Use alcohol, as defined in § 382.107 of this subchapter, or be under the influence of alcohol, within 4 hours before going on duty or operating, or having physical control of, a commercial motor vehicle; or
( 2 ) Use alcohol, be under the influence of alcohol, or have any measured alcohol concentration or detected presence of alcohol, while on duty, or operating, or in physical control of a commercial motor vehicle; or
( 3 ) Be on duty or operate a commercial motor vehicle while the driver possesses wine of not less than one-half of one per centum of alcohol by volume, beer as defined in 26 U.S.C. 5052(a), of the Internal Revenue Code of 1954, or distilled spirits as defined in section 5002(a)(8), of such Code. However, this does not apply to possession of wine, beer, or distilled spirits which are: ( i ) Manifested and transported as part of a shipment; or
( ii ) Possessed or used by bus passengers.
( b ) No motor carrier shall require or permit a driver to— ( 1 ) Violate any provision of paragraph (a) of this section; or
( 2 ) Be on duty or operate a commercial motor vehicle if, by the driver's general appearance or conduct or by other substantiating evidence, the driver appears to have used alcohol within the preceding four hours.
( c ) Any driver who is found to be in violation of the provisons of paragraph (a) or (b) of this section shall be placed out-of-service immediately for a period of 24 hours. ( 1 ) The 24-hour out-of-service period will commence upon issuance of an out-of-service order.
( 2 ) No driver shall violate the terms of an out-of-service order issued under this section.
( d ) Any driver who is issued an out-of-service order under this section shall: ( 1 ) Report such issuance to his/her employer within 24 hours; and
( 2 ) Report such issuance to a State official, designated by the State which issued his/her driver's license, within 30 days unless the driver chooses to request a review of the order. In this case, the driver shall report the order to the State official within 30 days of an affirmation of the order by either the Division Administrator or State Director for the geographical area or the Administrator.
( e ) Any driver who is subject to an out-of-service order under this section may petition for review of that order by submitting a petition for review in writing within 10 days of the issuance of the order to the Division Administrator or State Director for the geographical area in which the order was issued. The Division Administrator or State Director may affirm or reverse the order. Any driver adversely affected by such order of the Regional Director of Motor Carriers may petition the Administrator for review in accordance with 49 CFR 386.13.
(49 U.S.C. 304, 1655; 49 CFR 1.48(b) and 301.60)
[47 FR 47837, Oct. 28, 1982, as amended at 52 FR 27201, July 20, 1987; 59 FR 7515, Feb. 15, 1994; 61 FR 9567, Mar. 8, 1996; 66 FR 49874, Oct. 1, 2001; 79 FR 59457, Oct. 2, 2014]
**Exhibit 32.2**

 

**Certification Pursuant to 18 U.S.C. § 1350**

 

The undersigned officer certifies that this Annual Report on Form 10-K/A complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and the information contained in such report fairly represents, in all material respects, the financial condition and results of operations of the Company.

 

 

| Date:

  |   | November 13, 2007                        |
|---------------|--------|------------------------------------------|
| By:           |   | */s/ Arthur M. Evans***                  |
|          |   | Arthur M. Evans, Chief Financial Officer |

 

 

 

459381.1/SPA/17080/0101/111307
# FILED March 9, 2000 Cecil Crowson, Jr. Appellate Cou rt Clerk IN THE COURT OF CR IMINAL A PPEALS OF TENN ESSEE AT JA CKSON STATE OF TENN ESSEE, ) ) Appellee, ) C.C.A. NO. W1998-00637-CCA-R3-CD ) vs. ) SHELBY COUNTY ) KHANH V. LE , ) Trial No. 96-01118 ) Appellant. ) O R D E R The lea d opi nion of Judge O gle, the separat e concurring opin ion of Judge Welles, and the separate op i nion of Judge Wooda ll concurring in part and dissenting in part, filed in this case on M arch 6, 2000, are withdr awn. Anew majority opini on authored by Judge Ogle and concurred in by Judge Welles, and a separate opinion by Ju dge Woodall concurring in part and dissenting in part, attached hereto, are HEREBY ORDERED filed as the decision of the Court in this cas e. Per Curium Ogle, Welles and W oodall, J.J.
#### § 29.213 If a Tribe appeals a final offer, do the remaining provisions of the compact, funding agreement, or amendment not in dispute go into effect?

If a Tribe appeals the rejection of a final offer, the Department and the Tribe may execute and make effective any non-disputed, severable provisions of the compact, funding agreement, or amendment that are not already executed and are not subject to appeal.
[if !vml]>[endif]>
[if !vml]>[endif]>
You havereached the Federal Depository Library Program Electronic Collection (FDLP/EC)Archive. This archive assures ongoing access to publications in the FDLP/EC.Access to publications in the archive is available through GPO's suite of catalogingand locator services, including the Catalog of U.S. GovernmentPublications.  Archived copies of publications are retrieved in the eventthat publications are no longer available from the original publishing agencysite. (Historical purposes)
**Title:****Environmentalreport [electronic resource] / prepared by Environment, Safety & HealthOffice.**** 
SuDoc:E 9.20:
ItemNumber:0430-P-07(online)
CGPsystem Number:000593672
 
2001 | 2002| 2003 | 2004 | 2006| 2007 | 2008 | 2009
2010 | 2010 Addendum | 2011| 2012 | 2013 |2014 | 2015 | 2016 | 2017
 
August 28, 2018
 
 **
QSS-L6 

(12-21-2022) DCffUNITED STATES DEPARTMENT OF COMMERCE

U.S. Census Bureau

Washington, DC 20233-0001

A Message from the U.S. Census Bureau:

Thank you for your connued parcipaon in the Quarterly Services Survey. This survey is 

expected to take approximately 10 to 15 minutes to complete, and your mely response is 

greatly appreciated. 

Please reference the information below to begin reporting. 

1. Register OR sign in at https://portal.census.gov 

2. Add your authentication code. 

3. Report by clicking on “REPORT NOW.” You can return to your account over mulple 

sessions to complete the survey. 

For assistance with completing this survey, please sign into your Census Bureau account or call 

our customer help line at 1-800-772-7851, Monday through Friday, 8:30 a.m. to 5:00 p.m. 

Eastern time. 

Thank you in advance for your time and participation, and for helping the U.S. Census Bureau 

measure America’s people and economy. 

The Office of Management and Budget

(OMB) approval number for the

Quarterly Services Survey is 0607-0907.

Sincerely, 

Catherine D. Buffington 

Chief, Economic Indicators Division 

U.S. Census Bureau 

census.gov
EBSA-2010-0050-DRAFT-1010.html[7/22/2015 6:27:34 AM]

PUBLIC SUBMISSION

As of: July 16, 2015

Received: July 08, 2015

Status: Pending_Post

Tracking No. 1jz-8jvc-7efg

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-1010

Comment on FR Doc # 2015-14921

Submitter Information

Name: Diane Riley

General Comment

Please President Obama... do what you need to do to protect the working class citizens in America from the

 wolves and vultures that call themselves conservatives - who have NO thought or intention of really protecting

 the working class but who will "steal" and misuse sacred American symbolism as their propaganda to scare and

 panic uninformed and uneducated working people into believing the "sideways" motives of the republicans who

 only want to open more doors to exploit the American worker and to achieve their anti-working class agenda. 

Please President Obama... continue your work for legislative changes and laws that protect working class

 Americans from the constant elimination and reductions of social programs that help the middle class to regain

 their place in American society. The working class of America NEEDs strong "progressive" leadership right

 now and a forceful intervention to fight off the vicious henchmen we know as Republican congressmen who are

 working only for the predators in our society called corporations. 

Please President Obama.... work to level the playing field for all Americans and give we Americans back our

 American life: ie: medical, jobs, pay equality, wage increases, education, and fair play in how we elect our

 representatives. STOP the Republicans from their evil attacks on all things American and from using American

 symbolism to represent their dishonest "rankist" agenda.

Please President Obama.... stand behind signing into law the new rules that enforce the "fiduciary laws" and

 "conflict of interest rules" in our Retirement and Investment plans. Republicans want to scare the American

 worker into thinking these rules will undermine and "take away our freedom".... WHAT HOG WASH!!!!

 Republicans only want to keep regulation away so they can exploit and take advantage of the inexperienced

 working class investor.
Editorial Note on Part 40
Editorial Note: Nomenclature changes to part 40 appear at 73 FR 33329, June 12, 2008.

§ 40.177 What does the second laboratory do with the split specimen when it is tested to reconfirm the presence of a drug or drug metabolite? ( a ) As the laboratory testing the split specimen, you must test the split specimen for the drug(s)/drug metabolite(s) confirmed in the primary specimen.
( b ) You must conduct this test without regard to the cutoff concentrations of § 40.85 or § 40.91, as applicable.
( c ) If the test fails to reconfirm the presence of the drug(s)/drug metabolite(s) that were reported in the primary specimen, you must conduct validity tests in an attempt to determine the reason for being unable to reconfirm the presence of the drug(s)/metabolite(s). You should conduct the same validity tests as you would conduct on a primary specimen set forth in § 40.87 or § 40.93, as applicable.
( d ) In addition, if the test fails to reconfirm the presence of the drug(s)/ drug metabolite(s) reported in the primary specimen, you may send the specimen or an aliquot of it for testing at another HHS-certified laboratory that has the capability to conduct another reconfirmation test.
[65 FR 79526, Dec. 19, 2000, as amended at 73 FR 35972, June 25, 2008; 88 FR 27646, May 2, 2023]