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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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 October 5, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-41756 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus ARMANDO MARTINEZ-RODRIGUEZ, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 5:05-CR-1593

-------------------- Before JONES, Chief Judge, and SMITH and STEWART, Circuit Judges.
PER CURIAM: *Appealing the Judgment in a Criminal Case, Armando MartinezRodriguez raises arguments that are foreclosed by AlmendarezTorres v. United States , 523 U.S. 224, 235 (1998), which held that 8 U.S.C. § 1326(b)(2) is a penalty provision and not a separate criminal offense. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is
AFFIRMED.
[Federal Register Volume 60, Number 6 (Tuesday, January 10, 1995)]
[Notices]
[Page 2609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-537]



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

DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health


National Center for Human Genome Research; Amended Notice of 
Meeting

    Notice is hereby given of a change in the time of open portion of 
the meeting January 30 and 31, 1995, of the National Advisory Council 
for Human Genome Research, National Center for Human Genome Research, 
which was published in the Federal Register on December 22, 1994, 59 FR 
66034.
    The open portion of the meeting was to have been from 8:30 to 11:30 
a.m. on Monday, January 30, 1995. The open portion will now be held at 
1:00 to 5:00 p.m.

(Catalog of Federal Domestic Assistance Program No. 93.172, Human 
Genome Research.)

    Dated: January 4, 1995.
Susan K. Feldman,
Committee Management Officer, NIH.
[FR Doc. 95-537 Filed 1-9-95; 8:45 am]
BILLING CODE 4140-01-M
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

December 28, 2018

RE: Product Exclusion Request Number: USTR-2018-0025-1541

Crystal Mountain Products, Inc:

This letter concerns the above-referenced exclusion request submitted pursuant to the 

notice published at 83 FR 32181 (‘July 11 notice’). I am pleased to notify you that although 

your individual request previously had been denied, the United States Trade Representative – in 

response to other requests – has determined to grant an exclusion that covers the product 

described in your request. This exclusion determination is set out in a formal notice which has 

been submitted to Office of the Federal Register for publication (‘the exclusion notice’). A prepublication version of the exclusion notice has been posted on the USTR website, at 

https://ustr.gov/sites/default/files/enforcement/301Investigations/12.21.18_Notice_of_Product_E

xclusions.pdf.

The scope of the exclusion is governed by the formal HTSUS language in the annex to 

the product exclusion notice, and not by the product descriptions set out in any particular request 

for exclusion. An exclusion responsive to your request has been granted by excluding from the 

additional tariffs the 10-digit HTSUS subheading under which your request was filed. 

In accordance with the July 11 notice, the exclusion applies as of the July 6, 2018 

effective date of the tariff action, and will extend for one year after the exclusion notice is 

published in the Federal Register. As stated in the exclusion notice, U.S. Customs and Border 

Protection will issue additional instructions on entry guidance and implementation. 

Sincerely,

Stephen P. Vaughn

General Counsel
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

July 23, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-2376

Quest Technologies dba Crystal Quest:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20.

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request did not contain a sufficient product identification or was 

determined to be non-administrable.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Joseph Barloon

General Counsel
#### Libel Jos. Yeomans vs. Sloop *Charming Molly*

was read and Plea

A Tender was made in Court by the Respondent Viz* Twenty three pounds five Shillings which the Plaintiff refused.

Squire was sworn

And after Sundry Debates the Court was adjourn’d untill further notice.
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

January 4, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-2388

Xylem, Inc:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20. 

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that the imposition of additional duties on 

the particular product would cause severe economic harm to you or other U.S. interests.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn
Exhibit 10(w)






                           FIRST AMENDMENT TO
                STOCK PURCHASE ASSISTANCE AGREEMENT

THIS AMENDMENT ("Amendment") is dated as of January 31, 2000 and is by and
between OTR Express, Inc. (the "Company") and Jeff Brown, Vice President
of the Company ("Brown").  This Amendment relates to and amends that
certain Stock Purchase Assistance Agreement dated June 8, 1998 by and
between the Company and Brown (the "Agreement").

   Section 7(c) of the Agreement is hereby amended to read as follows:

             If either (i) Brown's employment is terminated by
             the Company without Cause or (ii) there is a
             Change of Control of the Company, then the Company
             (or such successor) shall pay, directly to the
             Bank, the balance of principal amount outstanding
             (if any) at such event on Brown's Loan for the
             benefit of Brown (which amount may be taxable to
             Brown as compensation) provided that
             contemporaneously with such payment (x) the Bank
             shall execute and deliver to the Company (and/or
             such successor) a termination of the Guaranty and
             a release of the Company (or such successor) from
             any and all obligations thereunder and (y) Brown
             executes and delivers to the Company (and/or such
             successor) a comprehensive release of claims,
             including any employment related claims, that are
             or may be alleged by Brown, his representatives
             and heirs against the Company (and/or such
             successor).

The remainder of the Agreement, and the Agreement as amended, shall
continue in full force and effect.

IN WITNESS WHEREOF, each of the parties have executed this Agreement
intending to be bound thereby.


                     /s/ Jeff Brown
                     Jeff Brown


                     OTR Express, Inc.


                     By:   /s/ William P. Ward
                     Name:  William P. Ward
                     Title:    Chairman of the Board
Exhibit 99.2

                  CERTIFICATION BY THE CHIEF FINANCIAL OFFICER
           PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO
                 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

      I, William P. Keane, Chief Financial Officer of Genta Incorporated, a
Delaware corporation (the "Company"), hereby certify that:

      (1) The Company's annual report on Form 10-K for the period ended December
31, 2002 (the "Form 10-K") 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 Form 10-K fairly presents, in all
material respects, the financial condition and results of operations of the
Company.


/s/ WILLIAM P. KEANE
--------------------
William P. Keane
Vice President, Chief Financial Officer and Principal Accounting Officer
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

November 13, 2018

RE: Product Exclusion Request Number: USTR-2018-0025-1693

Culligan International Company:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20. 

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that this particular product is available 

only from China.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

July 3, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-10438

DMac Industries, Inc: 

I am pleased to notify you that the United States Trade Representative has determined to 

grant the above-referenced exclusion request submitted pursuant to the notice published at 83 FR 

32181 (‘July 11 notice’). The exclusion determination is set out in a formal notice which has 

been submitted to Office of the Federal Register for publication (‘the exclusion notice’). A prepublication version of the exclusion notice has been posted on the USTR website, at 

https://ustr.gov/sites/default/files/enforcement/301Investigations/Notice_of_Product_Exclusions.

pdf. 

The scope of the exclusion is governed by the formal HTSUS language in the annex to 

the product exclusion notice, and not by the product descriptions set out in any particular request 

for exclusion. An exclusion in response to your request has been granted by excluding from the 

additional tariffs products covered by a specially drafted description contained in the annex to 

the product exclusion notice. 

In accordance with the July 11 notice, the exclusion applies as of the July 6, 2018 

effective date of the tariff action, and will extend for one year after the exclusion notice is 

published in the Federal Register. As stated in the exclusion notice, U.S. Customs and Border 

Protection will issue additional instructions on entry guidance and implementation

Sincerely,

Joseph Barloon

General Counsel
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

November 13, 2018

RE: Product Exclusion Request Number: USTR-2018-0025-3753

Omega Environmental Technologies, Inc:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20. 

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request concerns a product strategically important or related to 

‘‘Made in China 2025’’ or other Chinese industrial programs.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn
[Federal Register Volume 60, Number 42 (Friday, March 3, 1995)]
[Rules and Regulations]
[Page 11909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5251]



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


FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73

[MM Docket No. 94-2; RM-8415, 8465]


Radio Broadcasting Services; Hazlehurst and Bude, MS

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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

SUMMARY: The Commission, at the request of Douglas B. DeLawder (RM-
8465), allots Channel 282C3 to Bude, Mississippi. Channel 282C3 can be 
allotted to Bude in compliance with the Commission's minimum distance 
separation requirements with a site restriction of 11.7 kilometers (7.3 
miles) northeast to avoid a short-spacing with the licensed site of 
Station WHER(FM), Channel 279C, Hattiesburg, Mississippi. The 
coordinates for the allotment of Channel 282C3 at Bude are 31-32-33 and 
90-45-36. The proposal filed by PDB Broadcasting (RM-8415), see 59 FR 
07238, February 15, 1994, requesting the allotment of Channel 282A to 
Hazlehurst, Mississippi, is denied. With this action, this proceeding 
is terminated.

DATES: Effective April 10, 1995. The window period for filing 
applications will open on April 10, 1995, and close on May 11, 1995.

FOR FURTHER INFORMATION CONTACT: Pam Blumenthal, Mass Media Bureau, 
(202) 418-2180.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Report and Order, MM Docket No. 94-2, adopted February 15, 1995, and 
released February 24, 1995. The full text of this Commission decision 
is available for inspection and copying during normal business hours in 
the FCC Reference Center (Room 239), 1919 M Street, NW, Washington, 
D.C. The complete text of this decision may also be purchased from the 
Commission's copy contractor, ITS, Inc., (202) 857-3800, 2100 M Street, 
NW, Suite 140, Washington, D.C. 20037.

List of Subjects in 47 CFR Part 73

    Radio broadcasting.

PART 73--[AMENDED]

    1. The authority citation for Part 73 continues to read as follows:

    Authority: Secs. 303, 48 Stat., as amended, 1082; 47 U.S.C. 154, 
as amended.


Sec. 73.202  [Amended]

    2. Section 73.202(b), the Table of FM Allotments under Mississippi, 
is amended by adding Bude, Channel 282C3.

Federal Communications Commission.
John A Karousos,
Chief, Allocations Branch, Policy and Rules Division, Mass Media 
Bureau.
[FR Doc. 95-5251 Filed 3-2-95; 8:45 am]
BILLING CODE 6712-01-F
```
[Federal Register Volume 60, Number 51 (Thursday, March 16, 1995)]
[Notices]
[Page 14315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6493]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

[Public Notice 2179]

Fine Arts Committee; Notice of Meeting

    The Fine Arts Committee of the Department of State will meet on 
Saturday, April 8, 1995 at 10:30 a.m. in the John Quincy Adams State 
Drawing Room. The meeting will last until approximately 12:00 noon and 
is open to the public.
    The agenda for the committee meeting will include a summary of the 
work of the Fine Arts Office since its last meeting in September 1994 
and the announcement of gifts and loans of furnishings as well as 
financial contributions for calendar year 1994.
    Public access to the Department of State is strictly controlled. 
Members of the public wishing to take part in the meeting should 
telephone the fine Arts Office by Wednesday, April 5, 1995, telephone 
(202) 647-1990 to make arrangements to enter the building. The public 
may take part in the discussion as long as time permits and at the 
discretion of the chairman.

    Dated: March 3, 1995.
Clement E. Conger,
Chairman, Fine Arts Committee.
[FR Doc. 95-6493 Filed 3-15-95; 8:45 am]
BILLING CODE 4710-38-M
```
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

January 4, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-1712

Northern Tool & Equipment:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20. 

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that this particular product is available 

only from China.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn
Electronically FiledIntermediate Court of Appeals3027825-APR-201111:20 AM
Brief Stricken and Order filed March 12, 2020 

In The

Fourteenth Court of Appeals

____________

NO. 14-19-00665-CV

____________

KIM D. RICHARDSON, Appellant

V.

JOYCE POWELL, Appellee

On Appeal from County Civil Court at Law No. 2

Harris County, Texas

Trial Court Cause No. 1138053

ORDER

On March 3, 2020, appellant filed a brief that is not in compliance with the 

Texas Rules of Appellate Procedure. The brief fails to comply with subsections b, c, 

d, e, f, g, h, i, j, and k of Texas Rule of Appellate Procedure 38.1.

Accordingly, we order appellant’s brief filed on March 3, 2020 stricken. 

Appellant is ordered to file a brief that complies with the Texas Rules of Appellate 

Procedure by April 13, 2020. If appellant files another brief that does not comply 

with Rule 38, the Court may strike the brief, prohibit appellant from filing another
2

brief, and proceed as if appellant had failed to file a brief. See Tex. R. App. P. 

38.9(a). 

If appellant fails to timely file a brief in accordance with Rule 38, the appeal 

may be dismissed for want of prosecution. See Tex. R. App. P. 38.8(a)(1). 

PER CURIAM

Panel consists of Justices Wise, Jewell, and Poissant.