alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### **CHAPTER 905—THE AIR STAFF**

Sec.
9031.
The Air Staff: function; composition.
9032.
The Air Staff: general duties.
9033.
Chief of Staff.
9034.
Vice Chief of Staff.
9035.
Deputy Chiefs of Staff and Assistant Chiefs of Staff.
9036.
Surgeon General: appointment; duties.
9037.
Judge Advocate General, Deputy Judge Advocate General: appointment; duties.
9038.
Office of Air Force Reserve: appointment of Chief.
9039.
Chief of Chaplains: appointment; duties.
9040.
Oversight of nuclear deterrence mission.

#### **Editorial Notes**

#### Prior Provisions

A prior chapter 905, consisting of sections 9381 to 9383, related to the Aviation Leadership Program, prior to repeal by Pub. L. 114–328, div. A, title XII, §1241(i)(2), Dec. 23, 2016, 130 Stat. 2508.

#### Amendments

**2018**—Pub. L. 115–232, div. A, title VIII, §806(d)(4), (e)(1), Aug. 13, 2018, 132 Stat. 1833, redesignated chapter 805 of this title as this chapter and items 8031 to 8040 as 9031 to 9040, respectively.

**2016**—Pub. L. 114–328, div. A, title VII, §702(b)(3)(B), Dec. 23, 2016, 130 Stat. 2196, substituted "Surgeon General: appointment; duties" for "Surgeon General: appointment; grade" in item 8036.

**2015**—Pub. L. 114–92, div. A, title XVI, §1652(a)(2), Nov. 25, 2015, 129 Stat. 1122, added item 8040.

**2013**—Pub. L. 112–239, div. A, title V, §508(b), Jan. 2, 2013, 126 Stat. 1717, added item 8039.

**1986**—Pub. L. 99–433, title V, §522(g)(1), Oct. 1, 1986, 100 Stat. 1063, amended analysis generally, substituting items 8031 to 8038 for former items 8031 to 8036.

**1965**—Pub. L. 89–288, §5(b), Oct. 22, 1965, 79 Stat. 1050, added item 8036.
#### The People of the State of New York, Respondent, v Donald Freeman, Appellant.

[825 NYS2d 648]

Appeal from an order of the County Court of Chemung County (Buckley, J.), rendered February 23, 2005, which classified defendant as a risk level III sex offender pursuant to the Sex Offender Registration Act.

Defendant was convicted in 1979 of sodomy in the first degree after he had anal intercourse with a 16-month-old boy. He was sentenced to 3 to 9 years in prison and was released to parole supervision in January 1986. While on parole, defendant was convicted of attempted sodomy in the first degree after he had inappropriate sexual contact with a six-year-old girl. He was sentenced to 5 to 10 years in prison. Following his release, a hearing was conducted pursuant to the consent decree set forth in *Doe v Pataki*(3 F Supp 2d 456 [1998]) to redetermine the appropriate risk level assessment that should be given to defendant under the Sex Offender Registration Act *(see*Correction Law art 6-C). The Board of Examiners of Sex Offenders did not fully complete a risk level assessment instrument, but determined that defendant was a risk level III sex offender based upon his 1979 sodomy conviction which constituted a presumptive override to level III. At the conclusion of the hearing, County Court assessed defendant as a risk level III sex offender. Defendant now appeals. Defense counsel seeks to be relieved of his assignment of representing defendant on the ground that there are no nonfrivolous issues to be raised on appeal.

*1107Inasmuch as the ultimate classification involved an exercise of County Court’s discretion based on the record as a whole— including consideration of those factors in the risk assessment form* as well as the testimony and arguments raised by defendant at the hearing—we find that nonfrivolous issues could have been raised on defendant’s behalf (see *People v Stokes,*95 NY2d 633, 636 [2001]; *People v Scott,*12 AD3d 721, 721 [2004]; *see also*Correction Law § 168-n [3]). Accordingly, without expressing any opinion as to the ultimate merit of the potential issues, defense counsel’s application to be relieved of assignment is granted and new counsel will be assigned to address any issues the record may disclose *(see People v Stokes, supra; People v Cruwys,*113 AD2d 979 [1985], *lv denied*67 NY2d 650 [1986]).

Mercure, J.E, Crew III, Peters, Spain and Rose, JJ., concur. Ordered that the decision is withheld, application to be relieved of assignment granted and new counsel to be assigned.

*

 We have previously ascribed error where, as here, the risk level assessment instrument was not fully completed *(see People v Sanchez,*20 AD3d 693, 694 [2005]; *cf. People v Dolan,*30 AD3d 697, 697-698 [2006]).
#### In the Matter of West One Hundred and Sixty-second Street.

Motion granted.
#### Graden Reppert, Respondent, v Terry Towner, Appellant, et al., Defendant.

[823 NYS2d 731]

Appeal from an order of the Supreme Court, Steuben County (Marianne Furfure, A.J.), entered February 7, 2006 in a personal injury action. The order, among other things, denied the motion of defendant Terry Towner to dismiss the complaint against him.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated at Supreme Court. Present—Kehoe, J.E, Martoche, Centra, Green and Pine, JJ.
§ 2.208 What must I file in addition to the Notice of Appeal? No later than 10 days after filing your Notice of Appeal, you must submit to the reviewing official, the decision-maker, and interested parties a statement of reasons that: ( a ) Explains why you believe the decision was wrong;
( b ) Identifies relevant information or evidence you believe the decision-maker failed to consider;
( c ) Describes the relief you seek;
( d ) Provides all documentation you believe supports your arguments; and
( e ) Complies with the requirements of § 2.214.
§ 166.207 What provisions will be contained in a permit? A permit, at a minimum, must include: ( a ) Authorized user(s);
( b ) Conservation plan requirements;
( c ) Prohibition against creating a nuisance, any illegal activity, and negligent use or waste or resources;
( d ) Numbers and types of livestock allowed;
( e ) Season(s) of use;
( f ) Grazing rental payment, payment schedule, and late payment interest and penalties;
( g ) Administrative fees;
( h ) Tribal fees, if applicable;
( i ) Payment method;
( j ) Range unit number or name;
( k ) Animal identification requirements;
( l ) A description (preferably a legal description) of the permitted area;
( m ) Term of permit (including beginning and ending dates of the term allowed, as well as any option to renew, extend or terminate);
( n ) Conditions for making improvements, if any;
( o ) A right of entry by the BIA for purposes of inspection or enforcement purposes;
( p ) A provision concerning the applicability of tribal jurisdiction;
( q ) A provision stating how trespass proceeds are to be distributed; and
( r ) A provision for the permittee to indemnify the United States and the Indian landowners against all liabilities or costs relating to the use, handling, treatment, removal, storage, transportation, or disposal of hazardous materials or the release or discharge of any hazardous material from the permitted premises that occur during the permit term, regardless of fault.
### §16203. Penalties and limitations

(a) Failure to Complete Program of Training.—(1) A member of the program who, under regulations prescribed by the Secretary of Defense, is dropped from the program for deficiency in training, or for other reasons, shall be required, at the discretion of the Secretary concerned—

(A) to perform one year of active duty for each year (or part thereof) for which such person was provided financial assistance under this section; or

(B) to comply with the repayment provisions of section 303a(e) or 373 of title 37.

(2) The Secretary of a military department, under regulations prescribed by the Secretary of Defense, may relieve a member participating in the program who is dropped from the program from any requirement that may be imposed under paragraph (1), but such relief shall not relieve him from any military obligation imposed by any other law.

(b) Prohibitions of Duplicate Benefits.—Financial assistance may not be provided under this section to a member receiving financial assistance under section 2107 of this title.

(Added Pub. L. 100–180, div. A, title VII, §711(a)(3), Dec. 4, 1987, 101 Stat. 1111, §2130; renumbered §16203 and amended Pub. L. 103–337, div. A, title XVI, §1663(c)(4), Oct. 5, 1994, 108 Stat. 3008; Pub. L. 109–163, div. A, title VI, §687(c)(13), Jan. 6, 2006, 119 Stat. 3335; Pub. L. 115–91, div. A, title VI, §618(a)(1)(O), Dec. 12, 2017, 131 Stat. 1426.)

#### **Editorial Notes**

#### Amendments

2017—Subsec. (a)(1)(B). Pub. L. 115–91 inserted "or 373" before "of title 37".

2006—Subsec. (a)(1)(B). Pub. L. 109–163 amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "to repay the United States an amount equal to the total amount paid to such person under the program."

1994—Pub. L. 103–337, §1663(c)(4), renumbered section 2130 of this title as this section and substituted "Penalties and limitations" for "Penalties, limitations, and other administrative provisions" as section catchline.

Subsec. (c). Pub. L. 103–337, §1663(c)(4)(A), struck out subsec. (c) which related to regulations. See section 16204 of this title.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 1994 Amendment

Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.

#### Savings Provision

For savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(c) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of this title.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 01-8054

In Re: LACY DAVIS, III, Petitioner.
On Petition for Writ of Mandamus. (CA-01-633-2) Submitted: April 15, 2002 Decided: May 14, 2002 Before WILKINS, KING, and GREGORY, Circuit Judges. Petition denied by unpublished per curiam opinion. Lacy Davis, III, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Lacy Davis filed a petition for a writ of mandamus asking this court to overturn the district court’s dismissal of his civil tort complaint, and remand for further consideration. Mandamus is a drastic remedy to be used only in extraordinary circumstances. Kerr v. United States Dist. Court , 426 U.S. 394, 402 (1976 ). Mandamus relief is only available when there are no other means by which the relief sought could be granted, In re Beard , 811 F.2d 818, 826 (4th Cir. 1987), and may not be used as a substitute for appeal. In re Catawba Indian Tribe , 973 F.2d 1133, 1135 (4th Cir. 1992). The party seeking prohibition or mandamus relief carries the heavy burden of showing that he has no other adequate means to attain the relief he desires and that his entitlement to such relief is clear and indisputable. Allied Chem. Corp. v. Daiflon, Inc. , 449 U.S. 33, 35 (1980). Lacy has not made such a showing. He had an ample opportunity to pursue a direct appeal from the district court’s dismissal order, but declined to do so. He may not now employ a mandamus petition to avoid the consequences of his failure to appeal. Accordingly, we deny Lacy’s petition for mandamus relief. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. PETITION DENIED
Notice: This opinion is subject to formal revision before publication in the 

Atlantic and Maryland Reporters. Users are requested to notify the Clerk of the 

Court of any formal errors so that corrections may be made before the bound 

volumes go to press.

DISTRICT OF COLUMBIA COURT OF APPEALS

No. 18-BG-750

IN RE SUZANNE NICOLE HULTHAGE

A Member of the Bar of the

District of Columbia Court of Appeals 2018 DDN 169

Bar Registration No. 993448

BEFORE: Fisher, Associate Judge, and Steadman and Farrell, Senior Judges. 

O R D E R

(FILED – October 4, 2018)

On consideration of the certified order of the Court of Appeals of Maryland 

indefinitely suspending respondent from the practice of law in that jurisdiction by 

consent; this court’s July 19, 2018, order directing respondent to show cause why 

the functionally-equivalent discipline of an indefinite suspension with a fitness 

requirement, with the right to file for reinstatement after five years or after 

reinstatement by the state of Maryland, whichever occurs first, should not be 

imposed; and the statement of Disciplinary Counsel; and it appearing that 

respondent failed to file a response to the court’s show cause order but did file her 

D.C. Bar R. XI, §14 (g) affidavit on August 17, 2018, it is

ORDERED that Suzanne Nicole Hulthage is hereby indefinitely suspended 

with a fitness requirement nunc pro tunc to August 17, 2018. She may file for 

reinstatement after five years or after reinstatement by the state of Maryland, 

whichever occurs first. See In re Sibley, 990 A.2d 483 (D.C. 2010), and In re 

Fuller, 930 A.2d 194, 198 (D.C. 2007) (rebuttable presumption of identical 

reciprocal discipline applies to all cases in which the respondent does not 

participate). 

PER CURIAM
# C_2013246EN.01000901.xml

| 27.8.2013 | EN | Official Journal of the European Union | C 246/9 |
| --- | --- | --- | --- |

27.8.2013

EN

Official Journal of the European Union

C 246/9

---

Acknowledgement of receipt of complaint CHAP(2013) 2466

2013/C 246/07

| 1. | The European Commission has received, and continues to receive, a series of complaints about the checks made by the Spanish authorities at the border with Gibraltar. |
| --- | --- |

1.

The European Commission has received, and continues to receive, a series of complaints about the checks made by the Spanish authorities at the border with Gibraltar.

| 2. | The Commission has registered, and will continue to register, these complaints under reference number CHAP(2013) 2466. |
| --- | --- |

2.

The Commission has registered, and will continue to register, these complaints under reference number CHAP(2013) 2466.

| 3. | Given the significant number of complaints it has received on this subject, the Commission, with a view to responding swiftly and informing those concerned while making the most economical use of its administrative resources, is publishing this acknowledgment of receipt in the Official Journal of the European Union, and on the Internet at:
  http://ec.europa.eu/eu_law/complaints/receipt/index_en.htm |
| --- | --- |

3.

Given the significant number of complaints it has received on this subject, the Commission, with a view to responding swiftly and informing those concerned while making the most economical use of its administrative resources, is publishing this acknowledgment of receipt in the Official Journal of the European Union, and on the Internet at:

Official Journal of the European Union

http://ec.europa.eu/eu_law/complaints/receipt/index_en.htm

| 4. | The complainants will be informed, through the same channels, of the results of the Commission's examination of these complaints and of any follow-up action that it may decide to take. |
| --- | --- |

4.

The complainants will be informed, through the same channels, of the results of the Commission's examination of these complaints and of any follow-up action that it may decide to take.

---
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.                  

###### Department of the Treasury

# DATES:

Written comments should be received on or before March 24, 2011 to be assured of consideration.

## Internal Revenue Service (IRS)

*OMB Number:*                     1545-0099.                

*Type of Review:*                     Revision to a currently approved collection.                

*Title:*                     U.S. Return of Partnership Income and related schedules.                

*Form:*                     1065 and related schedules.                

*Abstract:*IRC section 6031 requires partnerships to file returns that show gross income items, allowable deductions, partners' names, addresses, and distribution shares, and other information. This information is used to verify correct reporting of partnership items and for general statistics.                

*Respondents:*                     Private sector: Businesses or other for-profits.                

*Estimated Total Burden Hours:*                     830,348,067 hours.                

*Bureau Clearance Officer:*                     Yvette Lawrence, Internal Revenue Service, 1111 Constitution Avenue, NW., Washington, DC 20224; (202) 927-4374.                

*OMB Reviewer:*                     Shagufta Ahmed, Office of Management and Budget, New Executive Office Building, Room 10235, Washington, DC 20503; (202) 395-7873.                

Dawn D. Wolfgang,

Treasury PRA Clearance Officer.

[FR Doc. 2011-3787 Filed 2-18-11; 8:45 am]

BILLING CODE 4830-01-P
### §1074o. Provision of hyperbaric oxygen therapy for certain members

(a) In General.—The Secretary may furnish hyperbaric oxygen therapy available at a military medical treatment facility to a covered member if such therapy is prescribed by a physician to treat post-traumatic stress disorder or traumatic brain injury.

(b) Covered Member Defined.—In this section, the term "covered member" means a member of the armed forces who is—

(1) serving on active duty; and

(2) diagnosed with post-traumatic stress disorder or traumatic brain injury.

(Added Pub. L. 115–91, div. A, title VII, §703(a)(1), Dec. 12, 2017, 131 Stat. 1435.)

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date

Pub. L. 115–91, div. A, title VII, §703(b), Dec. 12, 2017, 131 Stat. 1435, provided that: "The amendments made by subsection (a) [enacting this section] shall take effect 90 days after the date of the enactment of this Act [Dec. 12, 2017]."
#### § 10.11 How would someone detained or incarcerated, or their representative, get the BIA policies and standards?

At each detention, community residential, or holding facility located in a tribal jurisdiction where federal funds are used for operations or maintenance programs, the BIA's policies, standards, and procedures will be made available upon request. The Inmate Handbook will be made available to all persons at the time they are incarcerated or detained in a facility. There may be times when this may be delayed due to the physical or mental condition of the person at time of incarceration. In these cases, the Inmate Handbook will be made available when the person is deemed receptive and cognizant by the detention officer in charge. All policies, standards, procedures, and guidelines are available at each facility to the public or by writing to the Director, Office of Law Enforcement Services.

[61 FR 34374, July 2, 1996; 61 FR 65473, Dec. 13, 1996]
<PAGE>   1
                                                                    EXHIBIT 10.1



                                 AMENDMENT NO. 1
                                     TO THE
                                 AUDIONET, INC.
                  1996 NON-EMPLOYEE DIRECTORS STOCK OPTION PLAN
                     (AS AMENDED AND RESTATED JUNE 1, 1997)


         WHEREAS, the AudioNet, Inc. 1996 Non-Employee Directors Stock Option
Plan (the "Plan") is designed to attract and retain highly qualified independent
directors by granting such independent directors options to purchase shares of
common stock, $.01 par value, in broadcast.com inc. (formerly AudioNet, Inc.)
(the "Company");

         WHEREAS, the Board of Directors desires to change the name of the Plan
to the "broadcast.com inc. 1996 Non-Employee Directors Plan;"

         WHEREAS, the Board of Directors desires to modify the definition of
"Eligible Directors" in the Plan to permit each non-employee director of the
Company to receive option grants under the Plan; and

         WHEREAS, Section 1.05 of the Plan provides that the Board of Directors
may amend the Plan, subject in certain cases to stockholder approval.

         NOW THEREFORE BE IT RESOLVED, THAT,

         1.       AMENDMENTS.

                  A. The name of the Plan shall be the broadcast.com inc. 1996
Non-Employee Director Stock Option Plan.

                  B. Section 1.03 of the Plan is hereby amended and restated in
its entirety as follows:

                  1.03 ELIGIBLE DIRECTORS. For the purposes of this Plan,
         "Eligible Director" shall mean each member of the Board of Directors
         who is not, at the time of reference, an officer or employee of the
         Company or any subsidiary of the Company.

         2. NO OTHER AMENDMENTS. Except as expressly amended hereby, the Plan is
and shall remain in full force and effect.

         3. EFFECTIVE DATE. Once duly executed and approved by the Board of
Directors and the stockholders of the Company pursuant to Section 1.05 of the
Plan, this Amendment shall be effective on July 15, 1998.
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