alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH C IR

. 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opinion should not be published and is not precedent except under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 5 TH C IR

. R. 47.5.4. United States Court of Appeals

Fifth Circuit



## FILED

December 23, 2005

Charles R. Fulbruge III

Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-40428

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

DAVID CHARLES BARBER,

Defendant-Appellant.

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 1:04-CR-797-ALL

Before GARWOOD, HIGGINBOTHAM and DAVIS, Circuit Judges.

PER CURIAM: *

David Charles Barber appeals the sentence imposed foll owing

his November 22, 2004 plea of guilty to one count of possession of

marihuana with intent to distribute on or about September 30, 2004.

Although Barber waived the right to appeal his sentence except for

upward departures and a sentence exceeding the statutory maximum,

the waiver does not bar his appeal. The district court incorrectly1 Barber was sentenced to 60 months’ imprisonment to be

followed by a 5 year term of supervised released.

2 informed him that he could appeal an illegal sentence. Barber’s

challenge to the purportedly unlawful supervised release condition 1

is arguably a challenge to an allegedly illegal sentence. The

Government concedes as much and declines to rely on the waiver.

Moreover, the district court’s incorrec t characterization of the

waiver and failure to address the specific provisions of the waiver

and ensure that Barber understood them may have rendered the waiver

not knowing and voluntary. S ee United States v. Portillo

, 18 F.3d

290, 292 (5th Cir. 1994). For all these reasons, we conclude that

the waiver does not preclude Barber’s appeal.

W ith respect to Barber’s contention that the district court

erred in ordering, as a condition of supervised release, that he

cooperate with the probation officer in the collection of DNA, his

claim is not ripe for judicial review i n light of our holding in

United States v. Carmichael

, 343 F.3d 756, 758 (5th Cir. 2003),

cert. denied

, 540 U.S. 1136 (2004). We reject Barber’s contention

that Carmichael is distinguishable. S ee United States v. RiascosCuenu

,

___ F.3d

___ No. 05-20037, 2005 WL 2660032, at *2 (5th Cir.

Oct. 18, 2005). Accordingly, we dismiss this portion of the appeal

for lack of jurisdiction.

Barbe r’s second argument, concerning the treatment of drug

quantity graduations as sentencing factors rather than as elements3

of separate offenses under 21 U.S.C. §§ 841(a) and (b), is

foreclosed by circuit precedent. See United States v. Slaughter

,

238 F.3d 580, 582 (5th Cir. 2000). Barber concedes as much and

raises the issue solely to preserve it for further review. Thus,

we affirm the judgment of the district court on this point.

AFFIRMED IN PART; DISMISSED IN PART FOR LACK OF JURISDICTION.
Charles STEWART v. STATE of Louisiana

NO. 2018-KH-0398

Supreme Court of Louisiana.

May 11, 2018

WRIT NOT CONSIDERED. Untimely filed pursuant to La.S.Ct.R. X § 5.
II 

118TH CONGRESS 

1ST SESSION S. 131 

To amend chapter 81 of title 5, United States Code, to cover, for purposes 

of workers’ compensation under such chapter, services by physician assistants and nurse practitioners provided to injured Federal workers, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 30, 2023 

Mr. BROWN (for himself and Ms. COLLINS) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To amend chapter 81 of title 5, United States Code, to 

cover, for purposes of workers’ compensation under such 

chapter, services by physician assistants and nurse practitioners provided to injured Federal workers, and for 

other purposes. 

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 ‘‘Improving Access to 

5 Workers’ Compensation for Injured Federal Workers Act 

6 of 2023’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 131 IS

1 SEC. 2. INCLUSION OF PHYSICIAN ASSISTANTS AND NURSE 

2 PRACTITIONERS IN FEDERAL EMPLOYEES’ 

3 COMPENSATION ACT. 

4 (a) INCLUSION.—Section 8101 of title 5, United 

5 States Code, is amended— 

6 (1) in paragraph (3), by inserting ‘‘, other eligi7 ble providers,’’ after ‘‘osteopathic practitioners’’; 

8 (2) by striking ‘‘and’’ at the end of paragraphs 

9 (18) and (19); 

10 (3) by striking the period at the end of para11 graph (20) and inserting ‘‘; and’’; and 

12 (4) by adding at the end the following: 

13 ‘‘(21) ‘other eligible provider’ means a nurse 

14 practitioner or physician assistant within the scope 

15 of their practice as defined by State law.’’. 

16 (b) CONFORMING AMENDMENTS.—Chapter 81 of 

17 title 5, United States Code, is amended— 

18 (1) in section 8103(a)— 

19 (A) by inserting ‘‘or other eligible pro20 vider’’ after ‘‘physician’’ in each instance; and 

21 (B) in paragraph (3), by inserting ‘‘or 

22 other eligible providers’’ after ‘‘physicians’’; 

23 (2) in section 8121(6), by inserting ‘‘or other 

24 eligible provider’’ after ‘‘physician’’; and 

25 (3) in section 8123(a)— 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 131 IS

1 (A) by inserting ‘‘or other eligible pro2 vider’’ after ‘‘The employee may have a physi3 cian’’; and 

4 (B) by inserting ‘‘or other eligible pro5 vider’’ after ‘‘United States and the physician’’. 

6 (c) REGULATIONS.—Not later than 6 months after 

7 the date of enactment of this Act, the Secretary shall final8 ize rules to carry out the amendments made by this Act. 

9 SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. 

10 The budgetary effects of this Act, for the purpose of 

11 complying with the Statutory Pay-As-You-Go Act of 2010, 

12 shall be determined by reference to the latest statement 

13 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

14 Act, submitted for printing in the Congressional Record 

15 by the Chairman of the House Budget Committee, pro16 vided that such statement has been submitted prior to the 

17 vote on passage. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
# Official Journal C 102/2019

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 102 |
| | |
| English edition | Information and Notices | Volume 6218 March 2019 |

ISSN 1977-091X

Official Journal

of the European Union

C 102

English edition

Information and Notices

Volume 6218 March 2019

---

| Contents | page |
| --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2019/C 102/01 | Non-opposition to a notified concentration (Case M.9083 — Saba Portugal/Egis Portugal/Viseu Car Park Assets) (
  1
  ) | 1 |
| 2019/C 102/02 | Non-opposition to a notified concentration (Case M.9259 — Investindustrial/Natra) (
  1
  ) | 1 |
| 2019/C 102/03 | Non-opposition to a notified concentration (Case M.9281 — American Securities/Belfor Holdings) (
  1
  ) | 2 |
| 2019/C 102/04 | Initiation of proceedings (Case M.8870 — E.ON/Innogy) (
  1
  ) | 2 |
| 2019/C 102/05 | Non-opposition to a notified concentration (Case M.9260 — PSP/Allianz/Greystar/Paul Street East) (
  1
  ) | 3 |

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2019/C 102/01

Non-opposition to a notified concentration (Case M.9083 — Saba Portugal/Egis Portugal/Viseu Car Park Assets) (
  1
  )

1

1

2019/C 102/02

Non-opposition to a notified concentration (Case M.9259 — Investindustrial/Natra) (
  1
  )

1

1

2019/C 102/03

Non-opposition to a notified concentration (Case M.9281 — American Securities/Belfor Holdings) (
  1
  )

1

2

2019/C 102/04

Initiation of proceedings (Case M.8870 — E.ON/Innogy) (
  1
  )

1

2

2019/C 102/05

Non-opposition to a notified concentration (Case M.9260 — PSP/Allianz/Greystar/Paul Street East) (
  1
  )

1

3

---

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2019/C 102/06 | Euro exchange rates | 4 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2019/C 102/06

Euro exchange rates

4

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

---

(1)   Text with EEA relevance.

1

| EN | |
| --- | --- |

EN
[Federal Register Volume 74, Number 71 (Wednesday, April 15, 2009)]
[Notices]
[Page 17453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8539]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Availability of Seats for the Gray's Reef National Marine 
Sanctuary Advisory Council

AGENCY: Office of National Marine Sanctuaries (ONMS), National Ocean 
Service (NOS), National Oceanic and Atmospheric Administration, 
Department of Commerce (DOC).

ACTION: Notice and request for applications.

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

SUMMARY: The Gray's Reef National Marine Sanctuary (GRNMS or sanctuary) 
is seeking applicants for the following vacant seats on its Sanctuary 
Advisory Council (council):
    K-12 education and non-living resources research.
    Applicants are chosen based upon their particular expertise and 
experience in relation to the seat for which they are applying; 
community and professional affiliations; philosophy regarding the 
protection and management of marine resources; and possibly the length 
of residence in the area affected by the sanctuary. Applicants who are 
chosen as members should expect to serve three-year terms, pursuant to 
the council's Charter.

DATES: Applications are due by May 29, 2009.

ADDRESSES: Application kits may be obtained from Becky Shortland, 
Council Coordinator (<a href="/cdn-cgi/l/email-protection#f49691979f8dda879c9b868098959a90b49a9b9595da939b82"><span class="__cf_email__" data-cfemail="f69493959d8fd8859e9984829a979892b698999797d8919980">[email protected]</span></a>, 10 Ocean Science Circle, 
Savannah, GA 31411; 912-598-2381). Completed applications should be 
sent to the same address.

FOR FURTHER INFORMATION CONTACT: Becky Shortland, Council Coordinator 
(<a href="/cdn-cgi/l/email-protection#8eecebede5f7a0fde6e1fcfae2efe0eacee0e1efefa0e9e1f8"><span class="__cf_email__" data-cfemail="254740464e5c0b564d4a575149444b41654b4a44440b424a53">[email protected]</span></a>, 10 Ocean Science Circle, Savannah, GA 31411; 
912-598-2381).

SUPPLEMENTARY INFORMATION: The sanctuary advisory council was 
established in August 1999 to provide advice and recommendations on 
management and protection of the sanctuary. The advisory council, 
through its members, also serves as liaison to the community regarding 
sanctuary issues and represents community interests, concerns, and 
management needs to the sanctuary and NOAA.

    Authority: 16 U.S.C. Sections 1431, et seq.

(Federal Domestic Assistance Catalog Number 11.429 Marine Sanctuary 
Program)

    Dated: April 7, 2009.
Daniel J. Basta,
Director, Office of National Marine Sanctuaries, National Ocean 
Service, National Oceanic and Atmospheric Administration.
[FR Doc. E9-8539 Filed 4-14-09; 8:45 am]
BILLING CODE 3510-NK-M


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<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
THE PARTNERSHIP'S STATEMENTS OF EARNINGS AND BALANCE SHEETS AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
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<INVENTORY>                                          0
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<TOTAL-ASSETS>                              14,497,376
<CURRENT-LIABILITIES>                           18,354
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
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<COMMON>                                             0
<OTHER-SE>                                 (5,206,493)
<TOTAL-LIABILITY-AND-EQUITY>                14,497,376
<SALES>                                              0
<TOTAL-REVENUES>                               536,772
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               370,081
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             505,563
<INCOME-PRETAX>                              (338,872)
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<INCOME-CONTINUING>                          (338,872)
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<EXTRAORDINARY>                              2,149,096
<CHANGES>                                            0
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</TABLE>
Oana CRASI v. Larry Steven CROW

NO. 2018-CJ-0458

Supreme Court of Louisiana.

April 6, 2018

Denied.
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1259 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  1st Session
                                S. 1259

  To prohibit the provision of Federal assistance to transit and rail 
projects with significant cost overruns and that are projected to lose 
                     money, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 25, 2023

   Ms. Ernst introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
  To prohibit the provision of Federal assistance to transit and rail 
projects with significant cost overruns and that are projected to lose 
                     money, 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. SHORT TITLE.

    This Act may be cited as the ``Put the Brakes on Boondoggles Act''.

SEC. 2. PROHIBITION ON USE OF FEDERAL FUNDS FOR CERTAIN TRANSIT AND 
              RAIL PROJECTS.

    Notwithstanding any other provision of law, the Secretary of 
Transportation shall not provide any new assistance for a transit or 
rail project if--
            (1) the overall cost projection to complete the project 
        exceeds the original cost projection by at least 
        $1,000,000,000; and
            (2) the operational and administrative costs of the service 
        provided by the project are projected to exceed the revenues 
        generated from ridership annually over the next decade.
                                 <all>
```
INSIDE THE ART OF CRAFTSMANSHIP CORPORATION, Appellant, v. DESIGN CENTER OF THE AMERICAS, Appellee.

No. 4D17-1411

District Court of Appeal of Florida, Fourth District.

[January 17, 2018]

Kevin Fabrikant, Fabrikant & Associates PLLC, Hollywood, for appellant.

Alex P. Rosenthal, Rosenthal Law Group, Weston, for appellee.

Per Curiam.

*Affirmed. See**Poal Wk Taft, LLC v. Johnson Med. Ctr. Corp.* , 45 So.3d 37 (Fla. 4th DCA 2010).

Taylor, Forst and Klingensmith, JJ., concur.
# Official Journal C 165A/2009

| | ISSN 1725-2423
  doi:10.3000/17252423.CA2009.165.eng |
| --- | --- |
| Official Journal
  of the European Union | C 165A |
| | |
| English edition | Information and Notices | Volume 5217 July 2009 |

ISSN 1725-2423

doi:10.3000/17252423.CA2009.165.eng

Official Journal

of the European Union

C 165A

English edition

Information and Notices

Volume 5217 July 2009

---

| Notice No | Contents | page |
| --- | --- | --- |
| | V   Announcements |
| | ADMINISTRATIVE PROCEDURES |
| | Commission |
| 2009/C 165A/01 | Joint Research Centre — Publication of a vacancy for a Deputy Director-General function (grade AD 15) — Brussels (Article 29 § 2 of the Staff Regulations) — COM/2009/10204 | 1 |

Notice No

Contents

page

V   Announcements

ADMINISTRATIVE PROCEDURES

Commission

2009/C 165A/01

Joint Research Centre — Publication of a vacancy for a Deputy Director-General function (grade AD 15) — Brussels (Article 29 § 2 of the Staff Regulations) — COM/2009/10204

1

---

REVIEW OF COMPETITION C A OJs

Please find below the list of C A published during the present year.

Unless otherwise indicated, OJs are published in all language versions.

| 9 | (DE/EN/FR) |
| --- | --- |
| 10 | (IT) |
| 12 | (DE/FR) |
| 13 | |
| 14 | (DE/EN/FR) |
| 16 | (DE/EN/FR) |
| 17 | (BG/ET/LT/LV/MT/RO) |
| 20 | |
| 21 | (DE/EN/FR) |
| 23 | |
| 24 | (DE/FR/NL) |
| 25 | (BG/ET/LT/LV/MT/RO) |
| 28 | (DE/EN/FR) |
| 34 | (FR) |
| 36 | (GA/EN) |
| 37 | |
| 38 | |
| 39 | (SV) |
| 41 | (DE/EN/FR) |
| 42 | (EN) |
| 45 | |
| 46 | (DE/EN/FR) |
| 47 | |
| 52 | (DA/FI/MT) |
| 58 | (DE/EN/FR) |
| 59 | (DE/EN/ES/FR/PT/SV) |
| 62 | (BG/CS/LT/LV/MT/PL/RO/SK) |
| 63 | |
| 70 | |
| 71 | |
| 75 | (DE/EN/FR) |
| 80 | (FR) |
| 84 | (BG/RO) |
| 86 | |
| 91 | |
| 93 | (BG/RO) |
| 94 | |
| 95 | |
| 97 | (DE/EN/FR) |
| 98 | |
| 99 | (GA/EN) |
| 103 | |
| 104 | (CS/PL) |
| 105 | |
| 106 | |
| 107 | (DE/EN/FR) |
| 109 | (ET) |
| 114 | |
| 115 | (PL) |
| 116 | |
| 117 | |
| 118 | (EL) |
| 119 | |
| 121 | (BG/CS/LT/LV/MT/PL/RO/SK) |
| 124 | (FI) |
| 130 | |
| 131 | (SV) |
| 132 | |
| 133 | |
| 134 | (DE/EN/FR) |
| 137 | |
| 138 | (DE/EN/FR) |
| 139 | |
| 142 | (EN/FR) |
| 143 | (ET/GA/PL/SL) |
| 145 | (BG/CS/LT/LV/RO/SK) |
| 149 | (EN) |
| 150 | |
| 155 | (BG/RO) |
| 160 | (BG/CS/LT/LV/MT/PL/RO/SK) |
| 165 | |

9

(DE/EN/FR)

10

(IT)

12

(DE/FR)

13

14

(DE/EN/FR)

16

(DE/EN/FR)

17

(BG/ET/LT/LV/MT/RO)

20

21

(DE/EN/FR)

23

24

(DE/FR/NL)

25

(BG/ET/LT/LV/MT/RO)

28

(DE/EN/FR)

34

(FR)

36

(GA/EN)

37

38

39

(SV)

41

(DE/EN/FR)

42

(EN)

45

46

(DE/EN/FR)

47

52

(DA/FI/MT)

58

(DE/EN/FR)

59

(DE/EN/ES/FR/PT/SV)

62

(BG/CS/LT/LV/MT/PL/RO/SK)

63

70

71

75

(DE/EN/FR)

80

(FR)

84

(BG/RO)

86

91

93

(BG/RO)

94

95

97

(DE/EN/FR)

98

99

(GA/EN)

103

104

(CS/PL)

105

106

107

(DE/EN/FR)

109

(ET)

114

115

(PL)

116

117

118

(EL)

119

121

(BG/CS/LT/LV/MT/PL/RO/SK)

124

(FI)

130

131

(SV)

132

133

134

(DE/EN/FR)

137

138

(DE/EN/FR)

139

142

(EN/FR)

143

(ET/GA/PL/SL)

145

(BG/CS/LT/LV/RO/SK)

149

(EN)

150

155

(BG/RO)

160

(BG/CS/LT/LV/MT/PL/RO/SK)

165

| EN | |
| --- | --- |

EN
<TABLE> <S> <C>


<ARTICLE>                                            9
<MULTIPLIER>                                     1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                          12,030
<INT-BEARING-DEPOSITS>                             202
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                    106,066
<INVESTMENTS-CARRYING>                          50,132
<INVESTMENTS-MARKET>                            48,999
<LOANS>                                        173,080
<ALLOWANCE>                                      3,140
<TOTAL-ASSETS>                                 352,473
<DEPOSITS>                                     285,326
<SHORT-TERM>                                    11,684
<LIABILITIES-OTHER>                              2,796
<LONG-TERM>                                     25,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,795
<OTHER-SE>                                      25,872
<TOTAL-LIABILITIES-AND-EQUITY>                 352,473
<INTEREST-LOAN>                                 10,698
<INTEREST-INVEST>                                6,450
<INTEREST-OTHER>                                   159
<INTEREST-TOTAL>                                17,307
<INTEREST-DEPOSIT>                               6,693
<INTEREST-EXPENSE>                               7,549
<INTEREST-INCOME-NET>                            9,758
<LOAN-LOSSES>                                      180
<SECURITIES-GAINS>                                  21
<EXPENSE-OTHER>                                  7,402
<INCOME-PRETAX>                                  4,048
<INCOME-PRE-EXTRAORDINARY>                       3,040
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,040
<EPS-BASIC>                                     2.12
<EPS-DILUTED>                                     2.11
<YIELD-ACTUAL>                                    4.31
<LOANS-NON>                                        454
<LOANS-PAST>                                       125
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                  1,421
<ALLOWANCE-OPEN>                                 2,951
<CHARGE-OFFS>                                       17
<RECOVERIES>                                        26
<ALLOWANCE-CLOSE>                                3,140
<ALLOWANCE-DOMESTIC>                             3,140
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                          2,038



</TABLE>