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

FOR THE FIFTH CIRCUIT

No. 17-30410

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

HEATH MESHELL,

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 5:16-CR-97-1

Before REAVLEY, CLEMENT, and HO, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Heath Meshell 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). Meshell has not filed 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 nonfrivolous issue for 

 

* Pursuant to 5TH CIR. 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 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

February 20, 2018

Lyle W. Cayce

Clerk

 Case: 17-30410 Document: 00514353855 Page: 1 Date Filed: 02/20/2018
No. 17-30410

2

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 5TH CIR. R. 42.2.

 Case: 17-30410 Document: 00514353855 Page: 2 Date Filed: 02/20/2018
#### § 138.2 Repayment of construction costs.

The cost per acre under § 138.1 is, therefore, established at $16.7535. Under the provisions of the acts of February 14, 1920 (41 Stat. 409) and March 7, 1928 (45 Stat. 210) is based on forty equal annual payments, the annual per acre assessment is hereby fixed at $0.42 per acre for the year 1957 and each succeeding year until the entire cost for each tract shall have been repaid to the United States Treasury. On those tracts where payments have been made pursuant to part 134 of this chapter, annual assessments beginning with the year 1957 at the rate of $0.42 per acre will be made until the entire cost of $16.7535 per acre shall have been repaid to the United States Treasury. Landowners may pay at any time the total of the then remaining indebtedness. Under the act of March 10, 1928 (45 Stat. 210) the unpaid charges stand as a lien against the lands until paid.

[22 FR 10646, Dec. 24, 1957. Redesignated at 47 FR 13327, Mar. 30, 1982; 48 FR 13414, Mar. 31, 1983]
### §2206. Disbursement of funds of military department to cover obligation of another agency of Department of Defense

As far as authorized by the Secretary of Defense, a disbursing official of a military department may, out of available advances, make disbursements to cover obligations in connection with any function, power, or duty of another department or agency of the Department of Defense and charge those disbursements on vouchers, to the appropriate appropriation of that department or agency. Disbursements so made shall be adjusted in settling the accounts of the disbursing official.

(Added Pub. L. 87–651, title II, §207(a), Sept. 7, 1962, 76 Stat. 520; amended Pub. L. 97–258, §2(b)(1)(A), Sept. 13, 1982, 96 Stat. 1052.)

| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 2206 | 5:172h.5:171n(a) (as applicable to 5:172h). | July 26, 1947, ch. 343, §409; added Aug. 10, 1949, ch. 412, §11 (24th par.), 63 Stat. 590. |
| | | July 26, 1947, ch. 343, §308(a) (as applicable to §409), 61 Stat. 509. |

5:171n(a) (as applicable to 5:172h).

The word "agency" is substituted for the word "organization". The last sentence is substituted for the proviso in 5 U.S.C. 172h.

#### **Editorial Notes**

#### Amendments

1982—Pub. L. 97–258 substituted "official" for "officer" wherever appearing.
### §672. Reference to chapter 1209

Provisions of law relating to service of members of reserve components on active duty are set forth in chapter 1209 of this title (beginning with section 12301).

(Added Pub. L. 103–337, div. A, title XVI, §1662(e)(4), Oct. 5, 1994, 108 Stat. 2992.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 672 was renumbered section 12301 of this title.

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

#### Effective Date

Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.
#### In the Matter of Courtney L.P., an Infant. Allegany County Department of Social Services, Respondent; Andrew S.P., Appellant.

[823 NYS2d 739]

Appeal from an order of the Family Court, Allegany County (James E. Euken, J.), entered December 8, 2005 in a proceeding pursuant to Family Court Act article 10. The order, after a finding of neglect, placed the child in the custody of petitioner for a period of one year and placed respondent under the supervision of petitioner for a period of one year upon certain terms and conditions.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Family Court. Present—Scudder, J.E, Kehoe, Gorski, Smith and Pine, JJ.
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 29 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                      February 2, 1999.
    Resolved, That the following named Member be, and is hereby, elected to the 
following standing committee of the House of Representatives:
    Committee on Veterans' Affairs: Ms. Berkley of Nevada.
            Attest:

                                                                          Clerk.
```
§ 18.4 Form of document. ( a ) A printed or processed document may be accepted for filing for public inspection and publication if it is on bond or similar quality paper, legible, and free of adhesive or correction tape.[2]
( b ) A document in the form of a letter or press release may not be accepted for filing for public inspection or publication in the rules and regulations, proposed rules, or notices categories of the Federal Register.
( c ) Original documents submitted by telecommunication and authenticated by digital signatures consistent with applicable Federal standards and Office of the Federal Register technical specifications may be accepted for publication.[3]
[54 FR 9681, Mar. 7, 1989, as amended at 61 FR 68119, Dec. 27, 1996] Footnotes -
18.4
[2] Agencies with computer processed data are urged to consult with the Office of the Federal Register staff about possible use of the data in the publication process.
[3] At present, submission of documents by telecommunication is limited to selected pilot projects.
### §647. Force shaping authority

(a) Authority.—The Secretary concerned may, solely for the purpose of restructuring an armed force under the jurisdiction of that Secretary—

(1) discharge an officer described in subsection (b); or

(2) transfer such an officer from the active-duty list of that armed force to the reserve active-status list of a reserve component.

(b) Covered Officers.—(1) The authority under this section may be exercised in the case of an officer (other than an officer of the Space Force) who—

(A) has completed not more than six years of service as a commissioned officer in the armed forces; or

(B) has completed more than six years of service as a commissioned officer in the armed forces, but has not completed a minimum service obligation applicable to that member.

(2) In this subsection, the term "minimum service obligation" means the initial period of required active duty service together with any additional period of required active duty service incurred during the initial period of required active duty service.

(c) Appointment of Transferred Officers.—An officer of the Regular Army, Regular Air Force, Regular Navy, or Regular Marine Corps who is transferred to a reserve active-status list under this section shall be discharged from the regular component concerned and appointed as a reserve commissioned officer under section 12203 of this title.

(d) Regulations.—The Secretary concerned shall prescribe regulations for the exercise of the Secretary's authority under this section.

(e) Space Force.—For a similar provision with respect to officers of the Space Force, see section 20405 of this title.

(Added Pub. L. 108–375, div. A, title V, §501(c)(1)(A), Oct. 28, 2004, 118 Stat. 1873; amended Pub. L. 110–181, div. A, title V, §503(b), Jan. 28, 2008, 122 Stat. 95; Pub. L. 116–283, div. A, title IX, §924(b)(4)(H), (16), Jan. 1, 2021, 134 Stat. 3822, 3823; Pub. L. 118–31, div. A, title XVII, §1718(b), Dec. 22, 2023, 137 Stat. 658.)

#### **Editorial Notes**

#### Amendments

2023—Subsec. (b). Pub. L. 118–31, §1718(b)(1), inserted "(other than an officer of the Space Force)" after "in the case of an officer" in introductory provisions.

Subsec. (c). Pub. L. 118–31, §1718(b)(2), which directed amendment of subsec. (c) by substituting "or Regular Marine Corps" for "Regular Marine Corps, of Regular Space Force", was executed by making the substitution for "Regular Marine Corps, or Regular Space Force" to reflect the probable intent of Congress.

Subsec. (e). Pub. L. 118–31, §1718(b)(3), added subsec. (e).

2021—Subsec. (a)(2). Pub. L. 116–283, §924(b)(16), struck out "of that armed force" before period at end.

Subsec. (c). Pub. L. 116–283, §924(b)(4)(H), substituted "Regular Marine Corps, or Regular Space Force" for "or Regular Marine Corps".

2008—Subsec. (b)(1)(A), (B). Pub. L. 110–181 substituted "six years" for "5 years".

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

#### Effective Date

Section effective on the first day of the first month beginning more than 180 days after Oct. 28, 2004, see section 501(g) of Pub. L. 108–375, set out as an Effective Date of 2004 Amendment note under section 531 of this title.
#### § 20.510 How is the court involved in child placements?

The court retains custody of a child in placement and the care and supervision must be given to the appropriate social services agency. While the court can issue any court order consistent with tribal law, the courts do not have the authority to require expenditure of federal funds to pay for specifically prescribed or restrictive services or out-of-home placements of children. Case plans must be reviewed with the appropriate court at least every 6 months and a permanency hearing held within 12 months after a child enters foster care or residential care, or according to established tribal standards. These standards can be established in the tribal code and can be in accordance with available funding source requirements.
#### § 162.471 What will BIA do if a lessee remains in possession after a business lease expires or is terminated or cancelled?

If a lessee remains in possession after the expiration, termination, or cancellation of a business lease, we may treat the unauthorized possession as a trespass under applicable law in consultation with the Indian landowners. Unless the Indian landowners of the applicable percentage of interests under § 162.012 have notified us in writing that they are engaged in good faith negotiations with the holdover lessee to obtain a new lease, we may take action to recover possession on behalf of the Indian landowners, and pursue any additional remedies available under applicable law, such as a forcible entry and detainer action.
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 for the period ending March 31, 2003 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
-----------------------------------------
Corey E. Shaker
President and Chief Executive Officer
May 14, 2003


                                       28
#### In the Matter of Michael O’Sullivan.

Motion denied. Settle order on notice.
#### Rubin Reinoso, Plaintiff, v Ornstein Layton Management, Inc., et al., Defendants, and OL Miller Place, LLC, Defendant and Third-Party Plaintiff. R.N.A. Ventures, Inc., Third-Party Defendant-Respondent; F.A.L. Construction Corp., Third-Party Defendant-Appellant.

[823 NYS2d 517]

In an action to recover damages for personal injuries, the third-party defendant, F.A.L. Construction Corp., appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (LeVine, J.), dated November 9, 2005, as denied that branch of its motion which was for summary judgment dismissing the causes of action asserted against it for common-law contribution and indemnification in the third-party complaint.

*438Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the third-party defendant which was for summary judgment dismissing the causes of action asserted against it for common-law contribution and indemnification in the third-party complaint is granted.

The plaintiff, an employee of the third-party defendant, F.A.L. Construction Corp. (hereinafter FAL), was injured while working at a construction site, when he stepped on an improperly-secured floor board that shifted, causing him to fall from the second floor to the basement. The plaintiff commenced this action to recover damages for personal injuries against, among others, the owners of the construction site, OL Miller Place, LLC (hereinafter OL Miller), which then commenced a third-party action against the general contractor, the third-party defendant, R.N.A. Ventures, Inc. (hereinafter RNA). RNA then commenced a third-party action against the plaintiffs employer, FAL, asserting claims against it for common-law contribution and indemnification and contractual indemnification.

FAL established prima facie that the plaintiff did not sustain a “grave injury” as defined by Workers’ Compensation Law § 11 *(see Jarvis v Crotona Assoc., LLC,*14 AD3d 423 [2005]; *Blackburn v Wysong & Miles Co.,*11 AD3d 421, 422 [2004]; *Fitzpatrick v Chase Manhattan Bank,*285 AD2d 487 [2001]; *Angwin v SRF Partnership,*285 AD2d 568 [2001]). Moreover, FAL submitted unrefuted evidence that it had obtained a policy of workers’ compensation insurance that was in effect at the time of the plaintiffs accident *(cf. Boles v Dormer Giant, Inc., 4*NY3d 235 [2005]). In response RNA failed to produce any evidence to raise a triable issue of fact as to whether the plaintiff sustained a “grave injury” *(see Curran v Auto Lab Serv. Ctr.,*280 AD2d 636 [2001]).

Accordingly, the Supreme Court erred in denying that branch of the motion of FAL which was for summary judgment dismissing the third-party causes of action asserted against it for common-law contribution and indemnification. Adams, J.P., Skelos, Fisher and Covello, JJ., concur.
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§ 162.345 May the parties amend a residential lease? The parties may amend a residential lease by obtaining: ( a ) The lessee's signature;
( b ) The Indian landowners' consent under the requirements in § 162.346; and
( c ) BIA approval of the amendment under §§ 162.347 and 162.348.
### §7142. Army: percentage of high-school graduates

Notwithstanding section 520(b) of this title, of the males with no prior military service who are enlisted or inducted into the Army during any fiscal year, the number who are not high-school graduates may not exceed, as of the end of the fiscal year, 35 percent of all such persons.

(Added Pub. L. 99–661, div. A, title IV, §402(a), Nov. 14, 1986, 100 Stat. 3859, §3262; amended Pub. L. 100–370, §1(a)(2), July 19, 1988, 102 Stat. 840; renumbered §7142, Pub. L. 115–232, div. A, title VIII, §808(b)(2), Aug. 13, 2018, 132 Stat. 1838.)

#### Historical and Revision Notes

#### 1988 Act

Amendment of section is based on Pub. L. 93–307, title IV, §401, June 8, 1974, 88 Stat. 234, as amended by Pub. L. 93–365, title VII, §705, Aug. 5, 1974, 88 Stat. 406.

#### **Editorial Notes**

#### Amendments

2018—Pub. L. 115–232 renumbered section 3262 of this title as this section.

1988—Pub. L. 100–370 substituted "Notwithstanding section 520(b) of this title, of" for "Of".

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

#### Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
Exhibit 31.2  CERTIFICATION I, Roland Vetter, certify that:  1. I have reviewed this quarterly report on Form 10-QSB of QuadTech International, Inc. for the quarter ended April 30, 2008;  2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;  3. Based on my knowledge, the financial statements, and other financial information included in this annual report, fairly present in all material respects the financial condition, results of operations and cash flows of the small business issuer as of, and for, the periods presented in this report;  4. The small business issuer's other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(e) and 15d-15(f)) for the small business issuer and have:  (a) designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the small business issuer is made known to us by others, particularly during the period in which this annual report is being prepared;  (b) evaluated the effectiveness of the small business issuer's disclosure controls and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and  (c) disclosed in this report any change in the small business issuer's internal control over financial reporting that occurred during the small business issuer's most recent fiscal quarter (the small business issuer's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the small business issuer's internal control over financial reporting; and  5. The small business issuer's other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the small business issuer's auditors and the audit committee of the small business issuer's board of directors (or persons performing the equivalent functions);  (a) all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the small business issuer's ability to record, process, summarize and report financial information; and  (b) any fraud, whether or not material, that involves management or other employees who have a significant role in the small business issuer's internal control over financial reporting. June 13, 2008  Roland Vetter

J. Roland Vetter
Chief Financial Officer