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

No. 18

- 20061 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.
RODOLFO SALDANA

- CORDERO , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:17

- CR

- 549

- 1

Before KING, ELROD, and WILLETT, Circuit Judges.

PER CURIAM: *
The Federal Public Defender appointed to represent Rodolfo Saldana

Cordero 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). Saldana

- Cordero h a s not file d a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no

* 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 R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR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 April 19, 2019 Lyle W. Cayce Clerk Case: 18-20061 Document: 00514923663 Page: 1 Date Filed: 04/19/2019No. 18

- 20061

2 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 5 TH C IR

. R. 42.2. Case: 18-20061 Document: 00514923663 Page: 2 Date Filed: 04/19/2019
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2293 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 2293

To provide for a limitation on availability of funds for US Department 
of Agriculture, Foreign Assistance and Related Programs, McGovern-Dole 
International Food for Education and Child Nutrition Program Grants for 
                           fiscal year 2024.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 29, 2023

Mr. Biggs (for himself, Mr. Rosendale, Mr. Gaetz, Mr. Good of Virginia, 
   Mr. Roy, and Mr. Crane) introduced the following bill; which was 
   referred to the Committee on Agriculture, and in addition to the 
     Committee on Foreign Affairs, 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 provide for a limitation on availability of funds for US Department 
of Agriculture, Foreign Assistance and Related Programs, McGovern-Dole 
International Food for Education and Child Nutrition Program Grants for 
                           fiscal year 2024.

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

SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR US DEPARTMENT OF 
              AGRICULTURE, FOREIGN ASSISTANCE AND RELATED PROGRAMS, 
              MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD 
              NUTRITION PROGRAM GRANTS FOR FISCAL YEAR 2024.

    Notwithstanding any other provision of the law, amounts authorized 
to be appropriated or otherwise available for US Department of 
Agriculture, Foreign Assistance and Related Programs, McGovern-Dole 
International Food for Education and Child Nutrition Program Grants for 
fiscal year 2024 may not exceed $210,255,000.
                                 <all>
```
#### Bob Allen CUSTARD, Plaintiff-Appellant, v. Harley LAPPIN; Harrell Watts; R. Wiley; K. Rear; M. Montgomery; J.T. Shartle; Benjamin Brieschke; Christopher B. Synsvoll; United States of America; Mark Collins; W. Haygood; R. Madison, “Dolly”; B. Hays; I. Garcia; A. Fenlon, Defendants-Appellees.

No. 07-1371.

United States Court of Appeals, Tenth Circuit.

Jan. 3, 2008.

Bob Allen Custard, Florence, CO, pro se.

Before LUCERO, HARTZ, and GORSUCH, Circuit Judges.

ORDER AND JUDGMENT*

NEIL M. GORSUCH, Circuit Judge.

Based on our independent review of the record in this case, and for substantially the same reasons set forth by the district court, we affirm that court’s judgment. With the dismissal of his complaint as malicious under 28 U.S.C. § 1915(e)(2)(B)(i), Mr. Custard has now earned at least three strikes under § 1915(g); accordingly, he may bring no more civil actions or appeals under § 1915 unless he is under imminent danger of serious physical injury. *See*28 U.S.C. § 1915(g). We warn Mr. Custard that any future frivolous, malicious, or abusive filings will put him at the risk of sanctions, including possible filing restrictions.

*

 After examining appellant’s brief and the appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. *See*Fed. R.App. P. 34(a)(2) and 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent except under the doctrines of law of the case, res judicata and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R.App. P. 32.1 and 10th Cir. R. 32.1.
* 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. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-60133 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus DEWEY TALBERT WHITFIELD, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Mississippi

USDC No. 3:90-CR-84-D

- - - - - - - - - - October 19, 1998 Before DAVIS, DUHE’, and PARKER, Circuit Judges.
PER CURIAM: * Dewey Talbert Whitfield appeals his sentence following the revocation of his supervised release. He argues the following: 1) the court’s sentence was an unwarranted departure under the guidelines because his case falls within the heartland of cases contemplated by the guidelines; 2) the length of the sentence was unreasonable; 3) the court erred by considering his conduct which occurred after theNo. 98-60133 -2-

** This argument relies upon authority applicable to a sentence, after revocation of probation, imposed pursuant to 18 U.S.C. § 3565, which since has been amended. See United States v. Pena , 125 F.3d 285, 287 (5th Cir. 1997), cert. denied , 118 S. Ct. 1527 (1998). Whitfield was sentenced pursuant to 18 U.S.C. § 3583. original sentence from conviction; ** and 4) the court’s sua sponte upward departure violated his right to notice of the departure, pursuant to Fed. R. Crim. P. 32. The relevant guidelines are only advisory; they do not control the district court’s imposition of sentence subsequent to revocation of supervised release. See United States v. Mathena , 23 F.3d 87, 91-93 (5th Cir. 1994). Rule 32(c) notice is not applicable. See id. at 93 n.13; United States v. Marvin , 135 F.3d 1129, 1141-43 (7th Cir. 1998). Our review of the record reveals that the court’s sentence was not plainly unreasonable. See Mathena , 23 F.3d at 93-94.
AFFIRMED.
I 

118TH CONGRESS 

1ST SESSION H. R. 1615 

To prohibit the use of Federal funds to ban gas stoves. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 17, 2023 

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

Committee on Energy and Commerce 

A BILL 

To prohibit the use of Federal funds to ban gas stoves. 

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 ‘‘Gas Stove Protection 

5 and Freedom Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) COMMISSION.—The term ‘‘Commission’’ 

9 means the Consumer Product Safety Commission. 

10 (2) GAS STOVE.—The term ‘‘gas stove’’ means 

11 any gas range, gas stove, or household cooking gas 

12 appliance that meets the standard set forth in AmerVerDate Sep 11 2014 06:04 Mar 29, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1615.IH H1615

kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 1615 IH

1 ican National Standards Institute (ANSI) Z21.1/ 

2 CSA Z21.1 or any successor standard. 

3 (3) SUBSTANTIALLY INCREASE THE AVERAGE

4 PRICE OF GAS STOVES.—The term ‘‘substantially in5 crease the average price of gas stoves’’ means that 

6 the average price of a gas stove, annualized over its 

7 expected life, would likely be substantially higher 

8 than the average spending by United States home9 owners on cooking stoves and ovens based on the 

10 most recent data for consumer expenditures reported 

11 by the Bureau of Labor Statistics. 

12 SEC. 3. PROHIBITION ON CPSC BANNING GAS STOVES. 

13 No Federal funds may be used by the Commission 

14 to regulate a gas stove as a banned hazardous product 

15 under section 8 of the Consumer Product Safety Act (15 

16 U.S.C. 2057) or to impose or enforce any consumer prod17 uct safety standard or rule on gas stoves under section 

18 7 or 9 of such Act (15 U.S.C. 2056 or 2058) that would 

19 otherwise result in a prohibition on the use or sale of gas 

20 stoves in the United States or would otherwise substan21 tially increase the average price of gas stoves in the United 

22 States. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2309 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 2309

To provide for a limitation on availability of funds for Department of 
    State, Administration of Foreign Affairs, International Center, 
         Washington, District of Columbia for fiscal year 2024.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 29, 2023

Mr. Biggs (for himself, Mr. Rosendale, Mr. Gaetz, Mr. Good of Virginia, 
   Mr. Roy, and Mr. Crane) introduced the following bill; which was 
              referred to the Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL

 
To provide for a limitation on availability of funds for Department of 
    State, Administration of Foreign Affairs, International Center, 
         Washington, District of Columbia for fiscal year 2024.

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

SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR DEPARTMENT OF STATE, 
              ADMINISTRATION OF FOREIGN AFFAIRS, INTERNATIONAL CENTER, 
              WASHINGTON, DISTRICT OF COLUMBIA FOR FISCAL YEAR 2024.

    Notwithstanding any other provision of the law, amounts authorized 
to be appropriated or otherwise available for Department of State, 
Administration of Foreign Affairs, International Center, Washington, 
District of Columbia for fiscal year 2024 may not exceed $1,806,600.
                                 <all>
```
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JULY 22, 2016

NO. 03-16-00418-CV

Christopher Jason Medina, Appellant

v.

Kimberley Annette Medina, Appellee

APPEAL FROM THE COUNTY COURT AT LAW NO. 2 OF WILLIAMSON COUNTY

BEFORE JUSTICES PURYEAR, PEMBERTON, AND FIELD

DISMISSED FOR WANT OF JURISDICTION -- OPINION BY JUSTICE PURYEAR

This is an appeal from the judgment signed by the trial court on September 25, 2013. Having 

reviewed the record, it appears that the Court lacks jurisdiction over the appeal. Therefore, the 

Court dismisses the appeal for want of jurisdiction. Appellant shall pay all costs relating to this 

appeal, both in this Court and the court below.
PXD-EXx10120150630






EXHIBIT 10.1


THIRD AMENDMENT TO THE
PIONEER NATURAL RESOURCES USA, INC. 
401(k) AND MATCHING PLAN 
(Amended and Restated Effective as of January 1, 2013)


THIS THIRD AMENDMENT is made and entered into by Pioneer Natural Resources USA, Inc. (the “Company”):
WITNESSETH:
WHEREAS, the Company maintains the Pioneer Natural Resources USA, Inc. 401(k) and Matching Plan (the “Plan”);
WHEREAS, pursuant to Section 8.3 of the Plan, the Benefit Plan Design Committee (the “Committee”) of the Company maintains the authority to amend the Plan at any time; and
WHEREAS, the Committee desires to amend the Plan to provide for full and immediate vesting in any employer-derived benefits accrued under the Plan for certain employees who are involuntarily terminated in connection with the closing or restructuring of certain offices.
NOW THEREFORE, the Plan is hereby amended as follows.
1.    Section 5.3(l) is hereby added to the Plan as follows:
(l)    Any provision of this Plan to the contrary notwithstanding, the amounts credited to the Employer Account of a Participant who is specifically designated by the Senior Vice President, Administration and Risk Management of the Company as being involuntarily terminated in connection with the closing of the Denver office and the restructuring of the Trinidad office announced by the Company on May 4, 2015 shall become fully vested and nonforfeitable on the date of such involuntary termination.
NOW, THEREFORE, be it further provided that except as provided above, the Plan shall continue to read in its current state.
IN WITNESS WHEREOF, the Company has executed this Third Amendment this 13th day of May, 2015 to be effective as specified above.
	
			
	 
	PIONEER NATURAL RESOURCES USA, INC.

	 
	By:
	/s/ Larry N. Paulsen 



	 
	Name:
	Larry N. Paulsen



	 
	Title:
	Senior Vice President, Administration and 



	 
	 
	Risk Management
Order entered September 24, 2015

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-15-00001-CV

THE GOODYEAR TIRE & RUBBER COMPANY, Appellant

V.

VICKI LYNN ROGERS, INDIVIDUALLY AND AS REPRESENTATIVE OF THE

ESTATE OF CARL ROGERS, NATALIE ROGERS AND COURTNEY DUGAT,

Appellees

On Appeal from the County Court at Law No. 5

Dallas County, Texas

Trial Court Cause No. CC-10-03294-E

ORDER

A partial review of the seven-volume supplemental reporter’s record court reporter 

Alexandra McMillen filed September 21, 2015 reveals numerous errors, including exhibits 

included in the record but not listed in the exhibit index, exhibits included in the record but 

which the index reflects were withdrawn, and exhibits listed in the index but omitted from the

record. Accordingly, we STRIKE the supplemental reporter’s record and ORDER Ms. 

McMillen to file, no later than October 5, 2015, a record which is accurate and complete. 

/s/ CRAIG STODDART 

JUSTICE
**Exhibit 99.1**

 

**CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

Inconnection with the Annual Report of E-centives, Inc. (the “Company”) on Form10-K for the fiscal year ended December 31, 2002, as filed with the Securitiesand Exchange Commission on the date hereof (the “Report”), the undersignedhereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that to the undersigned’sknowledge:

(a)  the Report fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934;and

(b)  the information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

Dated this 31st day of March, 2003

 
|   | E-CENTIVES, INC.                      |
|--------|---------------------------------------|
|   |                                  |
|   | /s/ Kamran Amjadi                     |
|   | Kamran Amjadi                         |
|   | Chairman and Chief  Executive Officer |

 

* A signed original ofthis written statement required by Section 906 has been provided to ofE-centives, Inc. and will be retained by of E-centives, Inc. and furnished tothe Securities and Exchange Commission or its staff upon request.

----
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-31-1999
<PERIOD-END>                               SEP-30-1998
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                      791
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                   871
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 939,148
<CURRENT-LIABILITIES>                              815
<BONDS>                                              0
<COMMON>                                             0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                   939,148
<SALES>                                            500
<TOTAL-REVENUES>                                   500
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 9,416
<LOSS-PROVISION>                               (17,547)
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (17,047)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (17,047)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
Exhibit 10.1

 

AMENDMENT NO. 1

TO THE

ECOLAB SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN

(As Amended and Restated effective as of January 1, 2014)

 

WHEREAS, Ecolab Inc. (the “Company”) has established and currently maintains the Ecolab Supplemental Executive Retirement Plan (As Amended and Restated effective as of January 1, 2014) (the “Plan”); and

 

WHEREAS, the Company desires to amend the Plan to cause any Executive participating in the Plan on January 1, 2015, who has attained age 58 as of January 1, 2015, terminates employment on or after January 1, 2017, and remains employed by the Company or a member of the Controlled Group through such date, to become vested in his or her SERP Benefits as of January 1, 2017.

 

NOW, THEREFORE, pursuant to Section 5.1 of the Ecolab Inc. Administrative Document for Non-Qualified Benefit Plans (the “Administrative Document”) and subject to Section 6.1 of the Plan, the Company hereby amends the Plan as set forth below. Words used herein with initial capital letters that are defined in the Plan or the Administrative Document are used herein as so defined.

 

Section 5.1 is amended effective May 6, 2015, by adding a new Section 5.1(5) to read as follows:

 

(5)                                 Accelerated Vesting.  Notwithstanding Section 5.1(1), but subject to the forfeiture provisions of Section 5.1(2), an Executive who is participating in the Plan on January 1, 2015, who has attained age 58 as of January 1, 2015, and terminates employment on or after January 1, 2017, shall become vested in his or her SERP Benefits as of January 1, 2017, provided he or she remains employed by a member of the Controlled Group through such date.

 

IN WITNESS WHEREOF, Ecolab, Inc. has executed this Amendment No. 1 this 6th day of May, 2015.

 

	
 
    	
ECOLAB   INC.
    
	
 
    	
 
    
	
 
    	
 
    
	
 
    	
/s/ Douglas   M. Baker, Jr.
    
	
 
    	
Douglas   M. Baker, Jr.
    
	
 
    	
Chief   Executive Officer
    
	
 
    	
 
    
	
 
    	
 
    	
 
    	
 
    
	
Attest:
    	
/s/ David   F. Duvick
    	
 
    	
 
    
	
 
    	
David   F. Duvick
    	
 
    	
 
    
	
 
    	
Assistant   Secretary
I 

118TH CONGRESS 

1ST SESSION H. R. 1980 

To provide for a limitation on availability of funds for Department of Health 

and Human Services, National Institutes of Health, National Institute 

of Allergy and Infectious Disease for fiscal year 2024. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2023 

Mr. BIGGS (for himself, Mr. ROSENDALE, Mr. GAETZ, Mr. GOOD of Virginia, 

Mr. ROY, and Mr. CRANE) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To provide for a limitation on availability of funds for Department of Health and Human Services, National Institutes of Health, National Institute of Allergy and Infectious Disease for fiscal year 2024. 

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


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HR 1980 IH

1 SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR 

2 DEPARTMENT OF HEALTH AND HUMAN SERV3 ICES, NATIONAL INSTITUTES OF HEALTH, NA4 TIONAL INSTITUTE OF ALLERGY AND INFEC5 TIOUS DISEASE FOR FISCAL YEAR 2024. 

6 Notwithstanding any other provision of the law, 

7 amounts authorized to be appropriated or otherwise avail8 able for Department of Health and Human Services, Na9 tional Institutes of Health, National Institute of Allergy 

10 and Infectious Disease for fiscal year 2024 may not exceed 

11 $5,523,324,000. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
----

Exhibit 32.2 

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION1350 AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 

In condition with theQuarterly Report on Form 10-Q of Polydex Pharmaceuticals Limited (the "Company")for the fiscal quarter ended July 31, 2008 as filed with the Securities andExchange Commission on the date hereof (the "Report"), I, John A. Luce, ChiefFinancial Officer of the Company, certify, pursuant to 18 U.S.C. 1350 as adoptedpursuant to section 906 of the Sarbanes-Oxley Act of 2002, that: 

(1) the Report fullycomplies with the requirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and 

(2) the informationcontained in the Report fairly presents, in all material respects, the financialcondition and result of operations of the Company for the period covered by thereport. 

By /s/ John A. Luce            John A. Luce, Chief Financial Officer September 12, 2008 

A signed original ofthis written statement required by section 906 has been provided to the Companyand will be retained by the Company and furnished to the Securities and ExchangeCommission or its staff upon request. 

----
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-05-00420-CR

Rodney Jerry Viera, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 390TH JUDICIAL DISTRICT

NO. D-1-DC-05-300546, HONORABLE JULIE H. KOCUREK, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Rodney Jerry Viera seeks to appeal from a judgment of conviction for aggravated

robbery. The trial court has certified that this is a plea bargain case and Viera has no right of appeal.

See Tex. R. App. P. 25.2(a)(2). The appeal is dismissed. See id. rule 25.2(d).

__________________________________________

Jan P. Patterson, Justice

Before Chief Justice Law, Justices Patterson and Puryear

Dismissed for Want of Jurisdiction

Filed: August 5, 2005

Do Not Publish