alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Cottie Selby et al., Respondents, v City of New York, Respondent, and Keyspan Energy Delivery, NYC, Appellant.

[823 NYS2d 515]

In an action to recover damages for personal injuries, etc., the defendant Keyspan Energy Delivery, NYC, appeals from (1) an order of the Supreme Court, Kings County (Partnow, J.), dated November 24, 2004, which denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it, and (2) an order of the same court dated March 30, 2005 which denied its motion for leave to renew.

Ordered that the orders are affirmed, with one bill of costs.

Although the defendant Keyspan Energy Delivery, NYC (hereinafter Keyspan), submitted evidence sufficient to establish its prima facie entitlement to judgment as a matter of law *(see Shvartsberg v City of New York,*19 AD3d 578, 579 [2005]), in opposition, the plaintiffs raised a triable issue of fact as to whether Keyspan created the alleged defect in the sidewalk which allegedly had caused the infant plaintiff to fall *(see Cucuzza v City of New York,*2 AD3d 389, 391 [2003]; *Gerena v Town of Brookhaven,*280 AD2d 450, 451-452 [2001]). Accordingly, the Supreme Court properly denied Keyspan’s motion for summary judgment.

Contrary to Keyspan’s contention, the Supreme Court did not improvidently exercise its discretion in denying its motion for leave to renew *(see*CPLR 2221). Crane, J.P, Krausman, Spolzino and Skelos, JJ., concur.
#### § 1000.282 May persons who are not Indians or Alaska Natives assert claims under FTCA?

Yes, non-Indian individuals served under the self-governance AFA, may assert claims under this Subpart.
#### § 117.21 Fees and expenses of attorneys.

When payment of an attorney fee for services to an Indian is to be made from his surplus funds, the employment of the attorney by the Indian must be approved in advance. All fees will be determined on a quantum merit basis and paid upon completion of the services. The superintendent may approve the employment of an attorney, determine the fee, and disburse the surplus funds of the Indian in payment thereof when the fee does not exceed $500. Upon application by the Indian and upon the presentation of properly authenticated vouchers, the superintendent may disburse the surplus funds of the Indian in an amount not to exceed $200 in payment of necessary expenses incurred by the attorney.
#### UNITED STATES of America, Plaintiff-Appellee, v. John STOECKER, Jr., Ike Ramsey, and Alice Taylor Stoecker, Defendants-Appellants.

No. 11153.

United States Court of Appeals Seventh Circuit.

Oct. 12. 1954.

*52Irwin S. Rubelle, Eugene M. Pratt, Rubelle & Pratt, Peoria, Ill., for appellants.

John B. Stoddart, Jr., U. S. Atty., Springfield, Ill., Marks Alexander, Asst. U. S. Atty., and Robert B. Oxtoby, Asst. U. S. Atty., Springfield, Ill., for appellee.

Before FINNEGAN, LINDLEY, and SCHNACKENBERG, Circuit Judges.

FINNEGAN, Circuit Judge.

These convictions of defendants John Stoecker, Jr., Ike Ramsey and Alice Taylor Stoecker, by a jury, for violation of 18 U.S.C. § 2421 and 18 U.S.C. § 371, must be affirmed. Narrating facts and evidence, disclosed by the record before us, would serve no useful purpose. Predicated upon a canvass of this entire record, it is our opinion that the evidence adduced at the trial supports the jury’s verdict on the two-count indictment. United States v. Aman, 7 Cir., 1954, 210 F.2d 344; United States v. Poppa, 7 Cir., 1951, 190 F.2d 112.

 We take a dim view of defendants’ attempt to annul their convictions, in this appeal, by launching an attack against court appointed defense counsel. Their suggestion that he was inadequately equipped, because of a dearth of professional experience, to defend these prisoners is merely an unsupported criticism. Nor do we find any evidence that the district judge abused his discretion by appointing this particular lawyer pursuant to Rule 44, Federal Rules of Criminal Procedure, 18 U.S.C.A.

Advocacy is a skill and art; easy to criticize, difficult to fairly appraise. Indeed, a post-mortem of criminal trials, selected at random, would undoubtedly reveal flaws of varying magnitude in the trial techniques of respected members of the bar. Our profession is one in which hindsight is a meager measure of counsel’s competency. Trial strategy is seldom viewed with a uniform eye.

To permit speculative statements about counsel’s age and scope of his professional experience to be smuggled into this appeal disguised as a constitutional question runs counter to well-settled principles governing reviewing tribunals. Not only is this record barren of such evidence, it is utterly devoid of those extreme manifestations of counsel’s incompetency which, no doubt, precipitated reversal in People v. Nitti, 1924, 312 Ill. 73, 143 N.E. 448, 452, 453, and to which we are cited by defendants. *53That case is inapposite here. Counsel's examination of witnesses below bears no resemblance whatever to the ineptness on which the Nitti defense foundered.

We have reached our decision with an acute and sustained awareness of the various constitutional safeguards and procedural devices to which these three defendants are entitled. It is our opinion, from the record before us, that defense counsel’s performance provided these defendants representation within the meaning and purport of U.S.Const. Amend. VI. There being no merit to any of the points asserted on behalf of the defendants, the judgment entered below is affirmed.

Affirmed.
UAVSA Release 1.3 

# Post

- f light Checklist

A. Aircraft i. Unplug flight battery
. ii. Unplug video transmitter battery
. iii. Check aircraft temperatures of motors and other electronics
. iv. Check hardware on aircraft to ensure tightness
. v. Check propellers for any indications of chips, cracks, or wear beyond safe serviceability
. vi. Store aircraft in case
. vii. Put batteries back into storage cases
. B. Batteries i. Check temperature of batteries
. ii. Check batteries for any indication of sw elling
. iii. Check overall voltage of battery packs
. iv. Check individual cell voltages in battery packs
. v. Put batteries on storage charge
. C. Camera i. Verify that recording has stopped
. ii. Turn off camera
. iii. Remove camera from gimbal
. D. Radios i. Turn off radios
. ii. Put radios back in to cases . E. Ground stations i. Turn off ground stations
. ii. Unplug batteries from ground stations
. iii. Check antennas on ground stations for serviceability
. iv. Pack ground stations into cases
. F. Other i. Clean up all trash and debris in area
. ii. Notify property owners of departure
.
### **CHAPTER 703—DEPARTMENT OF THE ARMY**

Sec.
7011.
Organization.
7012.
Department of the Army: seal.
7013.
Secretary of the Army.
7014.
Office of the Secretary of the Army.
7015.
Under Secretary of the Army.
7016.
Assistant Secretaries of the Army.
7017.
Secretary of the Army: successors to duties.
7018.
Administrative Assistant.
7019.
General Counsel.
7020.
Inspector General.
7021.
Army Reserve Forces Policy Committee.
7022.
Financial management.
7023.
Chief of Legislative Liaison.
7024.
Director of Small Business Programs.

#### **Editorial Notes**

#### Amendments

**2018**—Pub. L. 115–232, div. A, title VIII, §808(e)(1), (f)(1), Aug. 13, 2018, 132 Stat. 1839, redesignated chapter 303 of this title as this chapter and items 3011 to 3024 as 7011 to 7024, respectively.

**2006**—Pub. L. 109–163, div. A, title IX, §904(c)(2), Jan. 6, 2006, 119 Stat. 3401, added item 3024.

**2002**—Pub. L. 107–314, div. A, title V, §504(c)(1)(B), Dec. 2, 2002, 116 Stat. 2532, added item 3023.

**1988**—Pub. L. 100–456, div. A, title VII, §702(a)(3), Sept. 29, 1988, 102 Stat. 1994, added item 3022.

**1986**—Pub. L. 99–433, title V, §501(b), Oct. 1, 1986, 100 Stat. 1039, amended analysis generally, substituting items 3011 to 3021 for former items 3010 to 3019.

**1967**—Pub. L. 90–168, §2(17), Dec. 1, 1967, 81 Stat. 524, added item 3019.

**1964**—Pub. L. 88–426, title III, §§305(40)(B), 306(j)(2), Aug. 14, 1964, 78 Stat. 427, 431, struck out "; compensation" from item 3012, and struck out item 3018 "Compensation of General Counsel".

**1962**—Pub. L. 87–651, title II, §210(b), Sept. 7, 1962, 76 Stat. 524, added item 3010.

**1958**—Pub. L. 85–861, §1(59)(B), Sept. 2, 1958, 72 Stat. 1462, added item 3018.
Exhibit 99.1

                            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 Hometown Auto Retailers, Inc. (the
"Company") on Form 10-Q/A for the period ending March 31, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Corey E. Shaker, President and Chief Executive Officer of the Company, certify,
pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 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 the Report fairly presents, in all
material respects, the financial condition and result of operations of the
Company.


/s/ Corey E. Shaker
-------------------------------------
President and Chief Executive Officer
September 13, 2002
```

[115th Congress Public Law 78]
[From the U.S. Government Publishing Office]

[[Page 131 STAT. 1256]]

Public Law 115-78
115th Congress

                                 An Act

 
 To provide for consideration of the extension under the Energy Policy 
and Conservation Act of nonapplication of No-Load Mode energy efficiency 
  standards to certain security or life safety alarms or surveillance 
  systems, and for other purposes. <<NOTE: Nov. 2, 2017 -  [S. 190]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Power And 
Security Systems (PASS) Act. 42 USC 6201 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Power And Security Systems (PASS) 
Act''.
SEC. 2. EXTENSION OF NONAPPLICATION OF NO-LOAD MODE ENERGY 
                    EFFICIENCY STANDARD TO CERTAIN SECURITY OR 
                    LIFE SAFETY ALARM OR SURVEILLANCE SYSTEMS.

    (a) Section 325(u)(3)(D)(ii) of the Energy Policy and Conservation 
Act (42 U.S.C. 6295(u)(3)(D)(ii)) is amended--
            (1) by striking ``2015'' each place it appears and inserting 
        ``2021''; and
            (2) by striking ``2017'' and inserting ``2023''.

    (b) Section 325(u)(3)(E) of the Energy Policy and Conservation Act 
(42 U.S.C. 6295(u)(3)(E)) is amended--
            (1) in clause (ii), by striking ``July 1, 2017,'' and 
        inserting ``the effective date of the amendment under 
        subparagraph (D)(ii)''; and
            (2) by adding at the end the following:
                          ``(iv) Treatment in rule.--In the rule under 
                      subparagraph (D)(ii) and subsequent amendments the 
                      Secretary may treat some or all external power 
                      supplies designed to be connected to a security or 
                      life safety alarm or surveillance system as a 
                      separate

[[Page 131 STAT. 1257]]

                      product class or may extend the nonapplication 
                      under clause (ii).''.

    Approved November 2, 2017.

LEGISLATIVE HISTORY--S. 190 (H.R. 511):
---------------------------------------------------------------------------

SENATE REPORTS: No. 115-76 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 163 (2017):
            Aug. 1, considered and passed Senate.
            Oct. 11, considered and passed House.

                                  <all>
```
An official website of the United States government         Here's how you know         
**Official websites use .mil**
A **.mil** website belongs to an official U.S. Department of Defense organization in the United States.
**Secure .mil websites use HTTPS**
 A **lock (lock )** or **https://** means you’ve safely connected to the .mil website. Share sensitive information only on official, secure websites.

Skip to main content (Press Enter).

U.S. Indo-Pacific CommandUSINDOPACOM

U.S. Indo-Pacific Command

Search

Search
Search

-  Home		 
-  Leadership    -  Commander         
  -  Deputy Commander         
  -  Chief of Staff         
  -  Senior Enlisted Leader 
-  About USINDOPACOM    -  History         
  -  USPACOM Area of Responsibility         
  -  USPACOM Previous Commanders         
  -  Women, Peace and Security 
-  Organization    -  Organization Chart 
-  Media    -  News      -  Spotlight 
  -  Photos         
  -  Speeches / Testimony         
  -  Freedom of Information Act      -  FOIA - Reading Room         
    -  Submit FOIA Request         
    -  Request Status         
    -  FOIA FAQS 
-  Resources    -  Travel Requirements         
  -  Useful Theater Information         
  -  FAQ         
  -  Useful Links 
-  Newcomers		 
-  Contact    -  Directory         
  -  Media Inquiries         
  -  Industry Engagements 
-  JTF - Red Hill		 

Home : Media : News : News Article View

**JTF - Micronesia Menu**

                        - JTF-M Leadership
                        - JTF-M Press Room                            - News
                          - Stories
                          More
                        - JTF-M Documents
                        - JTF-M Contact Us

PHOTO INFORMATION

** Download

** Details

** Share

PHOTO INFORMATION

** Download

** Details

** Share

PHOTO INFORMATION

** Download

** Details

** Share

PHOTO INFORMATION

** Download

** Details

** Share

# U.S. Indo-Pacific Commander Travels to Fiji

U.S. Indo-Pacific Command Public Affairs

SUVA, Fiji – Adm. John C. Aquilino, Commander of U.S. Indo-Pacific Command, traveled to Fiji Jan. 30-31, to reaffirm the strength of the bilateral relationship and advance shared interests in building a more peaceful, stable, and prosperous Indo-Pacific region.

During his visit, Adm. Aquilino met with Prime Minister Sitiveni Rabuka, Minister of Home Affairs and Immigration, the Honorable Pio Tikoduadua, and Maj. Gen. Jone Kalouniwai, Commander of the Republic of Fiji Military Forces, along with Marie Damour, U.S. Ambassador to Fiji. 

“The relationship between the United States and Fiji continues to grow and is rooted in our people to people ties, shared values, and desire to ensure the region remains stable,” said Aquilino. “We thank Fiji for being a leader in the Pacific.”

This trip marked Aquilino’s first visit to Fiji as Commander of U.S. Indo-Pacific Command.

Fiji is a regular participant in U.S. Indo-Pacific Command sponsored workshops on humanitarian assistance/disaster relief, maritime security, peacekeeping and international humanitarian law.

**                    SHARE                

**                    PRINT
§ 162.004 To what land does this part apply? ( a ) This part applies to Indian land and Government land, including any tract in which an individual Indian or Indian tribe owns an interest in trust or restricted status. ( 1 ) We will not take any action on a lease of fee interests or collect rent on behalf of fee interest owners. We will not condition our approval of a lease of the trust and restricted interests on your having obtained a lease from the owners of any fee interests. The lessee will be responsible for accounting to the owners of any fee interests that may exist in the property being leased.
( 2 ) We will not include the fee interests in a tract in calculating the applicable percentage of interests required for consent to a lease document.
( b ) This paragraph (b) applies if there is a life estate on the land to be leased. ( 1 ) When all of the trust or restricted interests in a tract are subject to a single life estate, the life tenant may lease the land without the consent of the owners of the remainder interests or our approval, for the duration of the life estate. ( i ) The lease will terminate upon the death of the life tenant.
( ii ) The life tenant must record the lease in the LTRO.
( iii ) The lessee must pay rent directly to the life tenant under the terms of the lease unless the whereabouts of the life tenant are unknown, in which case we may collect rents on behalf of the life tenant.
( iv ) We may monitor the use of the land on behalf of the owners of the remainder interests, as appropriate, but will not be responsible for enforcing the lease on behalf of the life tenant.
( v ) We will not lease the remainder interests or join in a lease by the life tenant on behalf of the owners of the remainder interests except as needed to preserve the value of the land.
( vi ) We will be responsible for enforcing the terms of the lease on behalf of the owners of the remainder interests.
( 2 ) When less than all of the trust or restricted interests in a tract are subject to a single life estate, the life tenant may lease his or her interest without the consent of the owners of the remainder interests, but must obtain the consent of the co-owners and our approval. ( i ) We will not lease on the life tenant's behalf.
( ii ) The lease must provide that the lessee pays the life tenant directly, unless the life tenant's whereabouts are unknown in which case we may collect rents on behalf of the life tenant.
( iii ) The lease must be recorded in the LTRO, even where our approval is not required.
( iv ) We will be responsible for enforcing the terms of the lease on behalf of the owners of the remainder interests.
( 3 ) Where the remaindermen and the life tenant have not entered into a lease or other written agreement approved by the Secretary providing for the distribution of rent monies under the lease, the life tenant will receive payment in accordance with the distribution and calculation scheme set forth in Part 179 of this chapter.
( 4 ) The life tenant may not cause or allow permanent injury to the land.
( 5 ) The life tenant must provide a copy of the executed lease to all owners of the remainder interests.
#### § 12.1 Who is responsible for the Bureau of Indian Affairs law enforcement function?

The Commissioner of Indian Affairs, or in the absence of a Commissioner, the Deputy Commissioner, is responsible for Bureau of Indian Affairs-operated and contracted law enforcement programs, and for overall policy development and implementation of the Indian Law Enforcement Reform Act, Public Law 101-379 (25 U.S.C. 2801 *et seq.*).
# C_2013269EN.01000401.xml

| 18.9.2013 | EN | Official Journal of the European Union | C 269/4 |
| --- | --- | --- | --- |

18.9.2013

EN

Official Journal of the European Union

C 269/4

---

Information communicated by Member States regarding closure of fisheries

2013/C 269/04

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

1

| Date and time of closure | 20.8.2013 |
| --- | --- |
| Duration | 20.8.2013-31.12.2013 |
| Member State | Portugal |
| Stock or group of stocks | BET/ATLANT |
| Species | Bigeye tuna (Thunnus obesus) |
| Zone | Atlantic Ocean |
| Type(s) of fishing vessels | — |
| Reference number | 43/TQ40 |

Date and time of closure

20.8.2013

Duration

20.8.2013-31.12.2013

Member State

Portugal

Stock or group of stocks

BET/ATLANT

Species

Bigeye tuna (Thunnus obesus)

Thunnus obesus

Zone

Atlantic Ocean

Type(s) of fishing vessels

—

Reference number

43/TQ40

---

(1)  OJ L 343, 22.12.2009, p. 1.

1

---
An official website of the United States government         Here's how you know         
**Official websites use .mil**
A **.mil** website belongs to an official U.S. Department of Defense organization in the United States.
**Secure .mil websites use HTTPS**
 A **lock (lock )** or **https://** means you’ve safely connected to the .mil website. Share sensitive information only on official, secure websites.

Skip to main content (Press Enter).

U.S. Indo-Pacific CommandUSINDOPACOM

U.S. Indo-Pacific Command

Search

Search
Search

-  Home		 
-  Leadership    -  Commander         
  -  Deputy Commander         
  -  Chief of Staff         
  -  Senior Enlisted Leader 
-  About USINDOPACOM    -  History         
  -  USPACOM Area of Responsibility         
  -  USPACOM Previous Commanders         
  -  Women, Peace and Security 
-  Organization    -  Organization Chart 
-  Media    -  News      -  Spotlight 
  -  Photos         
  -  Speeches / Testimony         
  -  Freedom of Information Act      -  FOIA - Reading Room         
    -  Submit FOIA Request         
    -  Request Status         
    -  FOIA FAQS 
-  Resources    -  Travel Requirements         
  -  Useful Theater Information         
  -  FAQ         
  -  Useful Links 
-  Newcomers		 
-  Contact    -  Directory         
  -  Media Inquiries         
  -  Industry Engagements 
-  JTF - Red Hill		 

Home : Media : News : News Article View

# Hickam Airmen Partner with 25th Infantry Division for VALEX

By Staff Sgt. Terri Paden15th Wing Public Affairs

                JOINT BASE PEARL HARBOR-HICKAM, Hawaii  –              http://www.pacaf.af.mil/news/story.asp?id=123374919

**                    SHARE                

**                    PRINT
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

DENNIS COX,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D15-801

[ May 18, 2016 ]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, 

Broward County; Paul L. Backman, Judge; L.T. Case No. 05-017017

CF10B.

Dennis Cox, Crawfordville, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Mitchell A. Egber, 

Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Dennis Cox appeals the denial of his “Motion for Recalculation of 

Scoresheet and for Resentencing Based on Reduction of the Sentencing 

Range as a Result of the Dismissal of Attempted Second Degree Murder 

with a Firearm.” He makes two arguments on appeal. First, the trial court 

erred in failing to recalculate his sentence after the State nolle prossed his 

conviction of attempted second-degree murder. Second, the trial court 

erred in not considering a downward departure. We agree with his first 

argument and reverse.

Cox was convicted of robbery with a firearm and attempted seconddegree murder. He was sentenced to forty years for each count, to run 

concurrently. The State later nolle prossed the attempted second-degree 

murder charge and the trial court vacated that conviction and sentence. 

However, the trial court did not recalculate the sentence or issue a new 

scoresheet.

The State argues that if there was error, it was harmless because the 

trial court “could have imposed” the same sentence. See Brooks v. State, 
2

969 So. 2d 238, 239 (Fla. 2007). However, this standard is used when 

there is a sentencing scoresheet error. Id. The sentencing scoresheet in 

the record was not erroneous at the time it was completed. The error here 

was that the trial court never made a new sentencing scoresheet to 

recalculate the sentence for the robbery after the attempted second-degree 

murder charge was vacated. Therefore, we reverse and remand for 

recalculation of the sentence.

Reversed and remanded.

STEVENSON, GERBER and LEVINE, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.