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that this opinion should not be published and is not precedent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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 01-41379 

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOHN ERIC MACIAS,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC Nos. L-96-CR-19-1

C-01-CR-231

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

October 30, 2002

Before DeMOSS, BENAVIDES, and STEWART, Circuit Judges.

PER CURIAM:*

Appointed counsel for John Eric Macias has moved for leave

to withdraw and has filed a brief as required by Anders v.

California, 386 U.S. 738 (1967). Macias received a copy of

counsel’s motion and brief and has filed a response. He submits

that he does not challenge the conduct for which revocation of

his supervised release was sought. Macias argues instead that

because of his cooperation with the Government he must serve his
No. 01-41379

-2-

sentence in solitary confinement. This issue does not go to

Macias’s direct appeal. Because Macias did not raise claims of

ineffective assistance of counsel in the district court, no

record was made relative to this issue. This court does not

resolve claims of ineffective assistance of counsel on direct

appeal if the record is not sufficiently developed. See United

States v. Haese, 162 F.3d 359, 363 (5th Cir. 1998). 

Our independent review of the brief, the issue raised in

Macias’s response, and the record discloses no nonfrivolous

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

GRANTED, counsel is excused from further responsibilities herein. 

The APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.
From: Tom Nohr [mailto:tomnohr1@att.net] 

Sent: Friday, September 18, 2015 3:23 PM

To: EBSA, E-ORI - EBSA

Subject: Fiduciary rules

I am regulated and supervised by... the OSJ, my broker dealer, Finra, The Sec, Department of 

insurance. THE CFP BOARD, RFC BOARD I have been taking care of clients for 30 years. All 

you are going to accomplish is make it harder for smaller accounts to get any quality advice. I 

will be implementing an account minimum which I don't have now. I can't afford to take them 

on.

Tom Nohr CFP RFC

Sent from Yahoo Mail on Android
**Exhibit 24-24**

**POWER OF ATTORNEY**

**KNOW ALL MEN BY THESE PRESENTS** that I, **Rosemarie B. Greco**do hereby appoint John W. Rowe and Paul Bonney, or eitherof them, attorney for me and in my name and on my behalf to sign the annual Securities and Exchange Commission report on Form 10-K for 2007 of PECO Energy Company, together with any amendments thereto, to be filed with the Securities and ExchangeCommission, and generally to do and perform all things necessary to be done in the premises as fully and effectually in all respects as I could do if personally present. 

**Rosemarie B. Greco**

**DATE: February 4, 2008**
§ 6.25 Answer to application. ( a ) Within 30 calendar days after service of an application, the agency counsel may file an answer to the application. Unless the agency counsel requests an extension of time for filing or files a statement of intent to negotiate under paragraph (b) of this section, failure to file an answer within the 30-day period may be treated as a consent to the award request.
( b ) If agency counsel and applicant believe that they can reach a settlement concerning the award, the agency counsel may file a statement of intent to negotiate. The filing of such a statement shall extend the time for filing an answer an additional 30 days.
( c ) The answer shall explain in detail any objections to the award requested and identify the facts relied on in support of the Department's position. If the answer is based on any alleged facts not already in the record of the proceeding, the Department shall include with the answer either supporting affidavits or a request for further proceedings under § 6.3.
[48 FR 1070, Jan. 10, 1983, as amended at 62 FR 19234, Apr. 21, 1997]
From: swallish@seiengr.com [mailto:swallish@seiengr.com] 

Sent: Tuesday, August 18, 2015 4:30 PM

To: EBSA, E-ORI - EBSA

Subject: Stop the DOL Fiduciary Rule

Dear Thomas Perez,

It has been brought to my attention that the U.S. Department of Labor (DOL) 

is planning to move forward with a new fiduciary rule that will significantly 

hurt the ability of many Americans to save for retirement. This rule could 

even completely cut them off from receiving investment advice. For these 

reasons, I strongly urge you to protect retirement savings by opposing the 

DOL’s proposed rule.

Under this proposed rule, when financial advisors provide retirement advice, they will now be 

considered an ERISA fiduciary and face new requirements. This means they won’t be able to 

provide advice recommending specific investment options. Losing access to quality retirement 

advice is certainly not a good outcome, and probably not what the DOL had in mind.

The proposed rule will also impose complex regulatory hurdles on financial advisors that would 

require significant, costly changes to their business models. As a result, some advisors will 

reduce services to individuals and small businesses that provide more than 9 million households 

across the country retirement plans. Unsurprisingly, the DOL will push financial advisors away 

from small businesses and small balance accounts, leaving many Americans with no access to 

retirement advice at all.

The DOL needs to realize that its actions will seriously hurt small businesses’ ability to provide 

retirement savings options to employees and prevent retail investors from receiving needed, 

affordable investment advice. The reality of the fiduciary rule is that it will do more harm than 

good at a time when Americans around the country cannot afford to put their retirement savings 

at risk. I strongly oppose the rule, and urge you to do the same. Doing so will help protect 

Americans saving for retirement.

Sincerely, SUSAN Wallish Schumacher Engineering 1741 Round Head Dr Weatherly, PA 

18255
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.                  

###### Small Business Administration

          - [Disaster Declaration #10927 and #10928]

# AGENCY:

Small Business Administration.

# ACTION:

Amendment 5.

# SUMMARY:

This is an amendment of the Presidential declaration of a major disaster for the State of Oklahoma (FEMA-1712-DR), dated 07/07/2007.

*Incident:*                         Severe Storms, Flooding, and Tornadoes.                    

*Incident Period:*                         06/10/2007 through 07/25/2007.                    

*Effective Date:*                         08/29/07.                    

*Physical Loan Application Deadline Date:*                         10/05/07.                    

*EIDL Loan Application Deadline Date:*                         04/07/2008.                    

# ADDRESSES:

Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.

# FOR FURTHER INFORMATION CONTACT:

A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416.

# SUPPLEMENTARY INFORMATION:

The notice of the President's major disaster declaration for the State of Oklahoma, dated 07/07/2007 is hereby amended to extend the deadline for filing applications for physical damages as a result of this disaster to 10/05/2007.

All other information in the original declaration remains unchanged.

(Catalog of Federal Domestic Assistance Number 59002 and 59008)

James E. Rivera,

Acting Associate Administrator for Disaster Assistance.

[FR Doc. 07-4450 Filed 9-14-07; 8:45am]

BILLING CODE 8025-01-M
§ 370.7 Investigation of claims. ( a ) *Prompt investigation required.* Each claim filed against a carrier in the manner prescribed in this part shall be promptly and thoroughly investigated if investigation has not already been made prior to receipt of the claim.
( b ) *Supporting documents.* When a necessary part of an investigation, each claim shall be supported by the bill of lading, evidence of the freight charges, if any, and either the invoice, a copy of the invoice, or an exact copy thereof or any extract made therefrom, certified by the claimant to be true and correct with respect to the property and value involved in the claim; or certification of prices or values, with trade or other discounts, allowance, or deductions, of any nature whatsoever and the terms thereof, or depreciation reflected thereon; *Provided, however,* That where property involved in a claim has not been invoiced to the consignee shown on the bill of lading or where an invoice does not show price or value, or where the property involved has been sold, or where the property has been transferred at bookkeeping values only, the carrier shall, before voluntarily paying a claim, require the claimant to establish the destination value in the quantity, shipped, transported, or involved; *Provided, further,* That when supporting documents are determined to be a necessary part of an investigation, the supporting documents are retained by the carriers for possible FMCSA inspection.
( c ) *Verification of loss.* When an asserted claim for loss of an entire package or an entire shipment cannot be otherwise authenticated upon investigation, the carrier shall obtain from the consignee of the shipment involved a certified statement in writing that the property for which the claim is filed has not been received from any other source.
[62 FR 32042, June 12, 1997, as amended at 83 FR 16223, Apr. 16, 2018]
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 Quarterly Report of Fact Corporation (the Company) on Form 10-QSB for the period ended June 30, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Jacqueline Danforth, President and Principal Accounting Officer, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



(1)

The 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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.







Date:  August 21, 2006

By:  /s/ Jacqueline Danforth

Name:  Jacqueline Danforth

Title:    President (Principal Executive Officer and Principal

Accounting Officer)
Independent Auditors' Consent

 

 

The Board of Directors

Collins Indusries, Inc.

We consent to the incorporation by reference in the registration statements

(No. 333-24647 and No. 333-24651) on Form S-8 of Collins Industries, Inc. of our report dated November 21, 2002, with respect to the consolidated balance sheet of Collins Industries, Inc. as of October 31, 2002 and the related consolidated statement of income and comprehensive income, shareholders' investment and cash flows for the year then ended which report appears in the October 31, 2002, annual report on Form 10-K of Collins Industries, Inc.

 

KPMG LLP

 

Kansas City, Missouri

January 15, 2003
EBSA-2010-0050-DRAFT-0813.html[7/21/2015 2:55:08 PM]

PUBLIC SUBMISSION

As of: July 16, 2015

Received: July 08, 2015

Status: Pending_Post

Tracking No. 1jz-8jvb-ssiq

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-0813

Comment on FR Doc # 2015-14921

Submitter Information

Name: Anonymous Anonymous

General Comment

Keep your hands off of my retirement. You already mismanage social security. I'd like to retire before I'm 90...
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D2022-4111

_____________________________

ROBERTO LOPEZ, JR.,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Alachua County.

James M. Colaw, Judge.

March 11, 2024

PER CURIAM.

AFFIRMED.

BILBREY, WINOKUR, and TANENBAUM, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________
2

Gilbert A. Schaffnit, Law Offices of Gilbert A. Schaffnit, 

Gainesville, for Appellant.

Ashley Moody, Attorney General and Damaris E. Reynolds, 

Assistant Attorney General, Tallahassee, for Appellee.
* 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

May 9, 2005

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 04-50234

Summary Calendar

 

BART CASTRO

Petitioner - Appellant

v.

DOUG DRETKE, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE,

CORRECTIONAL INSTITUTIONS DIVISION

Respondent - Appellee

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. A-03-CV-270-SS

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

Before KING, Chief Judge, and DeMOSS and CLEMENT, Circuit Judges.

PER CURIAM:*

Following a jury trial, Bart Castro, Texas prisoner number

842522, was convicted of murder and sentenced to serve 55 years

in prison. Castro file a 28 U.S.C. § 2254 habeas corpus petition

to challenge this conviction, and the district court dismissed

his habeas corpus petition as untimely. This court granted

Castro a certificate of appealability on the issue whether he

should receive statutory and equitable tolling for the period

that his first state habeas application, which was returned to
No. 04-50234

-2-

him because it was not in the proper form, was pending. The

instant appeal ensued.

Castro has not shown that he was prevented from timely

filing a 28 U.S.C. § 2254 petition due to exceptional

circumstances that were out of his control or because he was

affirmatively misled. See Felder v. Johnson, 204 F.3d 168,

170-71 (5th Cir. 2000); Ott v. Johnson, 192 F.3d 510, 514 (5th

Cir. 1999). He likewise has not established that he diligently

pursued relief. See Coleman v. Johnson, 184 F.3d 398, 403 (5th

Cir. 1999). Consequently, Castro has not shown that the district

court abused its discretion in determining that he was not

entitled to equitable tolling. See Fisher v. Johnson, 174 F.3d

710, 713 (5th Cir. 1999). 

Castro also has not shown that his failure to timely file

his 28 U.S.C. § 2254 petition was due to a state-created

impediment that implicated the Constitution or other federal law. 

See 28 U.S.C. § 2244(d)(1)(B); Egerton v. Cockrell, 334 F.3d 433,

438-39 (5th Cir. 2003). He thus has not established that he is

entitled to statutory tolling. He likewise has not shown that

the district court erred in dismissing his 28 U.S.C. § 2254

habeas corpus petition as untimely. The judgment of the district

court is AFFIRMED.
----

| (1)   | the Quarterly Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; 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. |
|-----------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:  | August 13, 2010 | /s/ William M. Salters  |   |
|--------|-----------------|------------------------------|--------|
|   |            | William M. Salters           |   |
|   |            | Chief Financial Officer      |   |
<TABLE> <S> <C>

<ARTICLE> UT
<CIK> 0000741612
<NAME> TNP ENTERPRISES, INC.
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-END>                               DEC-31-1995
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                      944,004
<OTHER-PROPERTY-AND-INVEST>                      1,156
<TOTAL-CURRENT-ASSETS>                          54,818
<TOTAL-DEFERRED-CHARGES>                        30,455
<OTHER-ASSETS>                                       0
<TOTAL-ASSETS>                               1,030,433
<COMMON>                                       134,973
<CAPITAL-SURPLUS-PAID-IN>                            0
<RETAINED-EARNINGS>                             82,484
<TOTAL-COMMON-STOCKHOLDERS-EQ>                 217,457
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      3,600
<LONG-TERM-DEBT-NET>                           611,925
<SHORT-TERM-NOTES>                                   0
<LONG-TERM-NOTES-PAYABLE>                            0
<COMMERCIAL-PAPER-OBLIGATIONS>                       0
<LONG-TERM-DEBT-CURRENT-PORT>                    1,070
<PREFERRED-STOCK-CURRENT>                            0
<CAPITAL-LEASE-OBLIGATIONS>                          0
<LEASES-CURRENT>                                     0
<OTHER-ITEMS-CAPITAL-AND-LIAB>                 196,381
<TOT-CAPITALIZATION-AND-LIAB>                1,030,433
<GROSS-OPERATING-REVENUE>                      485,823
<INCOME-TAX-EXPENSE>                            12,317
<OTHER-OPERATING-EXPENSES>                     376,911
<TOTAL-OPERATING-EXPENSES>                     389,228
<OPERATING-INCOME-LOSS>                         96,595
<OTHER-INCOME-NET>                              10,425
<INCOME-BEFORE-INTEREST-EXPEN>                 107,020
<TOTAL-INTEREST-EXPENSE>                        73,960
<NET-INCOME>                                    41,505
<PREFERRED-STOCK-DIVIDENDS>                        655
<EARNINGS-AVAILABLE-FOR-COMM>                   40,850
<COMMON-STOCK-DIVIDENDS>                         8,938
<TOTAL-INTEREST-ON-BONDS>                       70,544
<CASH-FLOW-OPERATIONS>                          88,376
<EPS-PRIMARY>                                     3.75
<EPS-DILUTED>                                     3.75
        

</TABLE>
REGULATORY EVALUATION

Directorate Identifier: 2013-NM-164-AD

Executive Order 12866:

Could the AD be considered a “significant regulatory action”?

YES ( ) explain NO (X)

DOT Regulatory Policies and Procedures:

Is the AD significant?

YES ( ) explain NO (X)

Regulatory Flexibility Act:

Will the AD have a significant economic impact on a substantial number of small entities?

YES ( ) explain NO (X)

Intrastate Aviation in Alaska:

This AD could affect intrastate aviation in Alaska. Is it appropriate to include specific 

requirements for aircraft operated in Alaska, where aviation might be the only mode of 

transportation?

YES ( ) explain NO (X)
[Federal Register Volume 88, Number 163 (Thursday, August 24, 2023)]
[Notices]
[Page 57980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18205]


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

POSTAL SERVICE


Product Change--Priority Mail and USPS Ground Advantage[supreg] 
Negotiated Service Agreement

AGENCY: Postal Service<SUP>TM</SUP>.

ACTION: Notice.

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

SUMMARY: The Postal Service gives notice of filing a request with the 
Postal Regulatory Commission to add a domestic shipping services 
contract to the list of Negotiated Service Agreements in the Mail 
Classification Schedule's Competitive Products List.

DATES: Date of required notice: August 24, 2023.

FOR FURTHER INFORMATION CONTACT: Sean Robinson, 202-268-8405.

SUPPLEMENTARY INFORMATION: The United States Postal Service[supreg] 
hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on 
August 14, 2023, it filed with the Postal Regulatory Commission a USPS 
Request to Add Priority Mail & USPS Ground Advantage[supreg] Contract 
26 to Competitive Product List. Documents are available at www.prc.gov, 
Docket Nos. MC2023-229, CP2023-232.

Sean Robinson,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2023-18205 Filed 8-23-23; 8:45 am]
BILLING CODE 7710-12-P
1210-AB32-2-1367.html[7/26/2015 2:34:38 PM]

PUBLIC SUBMISSION

As of: July 16, 2015

Received: July 09, 2015

Status: Pending_Post

Tracking No. 1jz-8jw0-lsgw

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-1863

Comment on FR Doc # 2015-14921

Submitter Information

Name: Keith Wallin

Address:

31 Mountain Road

Brookline, NH, 03033

Phone: 603-769-9107

General Comment

I'm not interested in, nor do I need, additional regulations related to my retirement options.