alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
|    |                                                                                           |
|----|-------------------------------------------------------------------------------------------|
| 1. | I have reviewed this special financial report on Form 10-K of RREEF Property Trust, Inc.; |

|    |                                                                                                                                                                                                                                                                                                                |
|----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 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; and |

|    |                                                                                                                                                                                                                                                                                         |
|----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 3. | Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report. |

|    |                        |
|----|------------------------|
| 4. | Intentionally omitted. |

|    |                        |
|----|------------------------|
| 5. | Intentionally omitted. |

|                      |
|----------------------|
|                      |  |  |
| Date: March 28, 2013 | /s/ JAMES N. CARBONE |
|                 | Name: | James N. Carbone |
|                 | Title: | Chief Executive Officer(Principal Executive Officer) |
### §246. Militia: composition and classes

(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.

(b) The classes of the militia are—

(1) the organized militia, which consists of the National Guard and the Naval Militia; and

(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

(Aug. 10, 1956, ch. 1041, 70A Stat. 14, §311; Pub. L. 85–861, §1(7), Sept. 2, 1958, 72 Stat. 1439; Pub. L. 103–160, div. A, title V, §524(a), Nov. 30, 1993, 107 Stat. 1656; renumbered §246, Pub. L. 114–328, div. A, title XII, §1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.)

| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 311(a)311(b) | 32:1 (less last 19 words).32:1 (last 19 words). | June 3, 1916, ch. 134, §57, 39 Stat. 197; June 28, 1947, ch. 162, §7 (as applicable to §57 of the Act of June 3, 1916, ch. 134), 61 Stat. 192. |

311(b)

32:1 (last 19 words).

In subsection (a), the words "who have made a declaration of intention" are substituted for the words "who have or shall have declared their intention". The words "at least 17 years of age and * * * under 45 years of age" are substituted for the words "who shall be more than seventeen years of age and * * * not more than forty-five years of age". The words "except as provided in section 313 of title 32" are substituted for the words "except as hereinafter provided", to make explicit the exception as to maximum age.

In subsection (b), the words "The organized militia, which consists of the National Guard and the Naval Militia" are substituted for the words "the National Guard, the Naval Militia", since the National Guard and the Naval Militia constitute the organized militia.

| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 311(a) | 32 App.:1. | July 30, 1956, ch. 789, §1, 70 Stat. 729. |

The words "appointed as . . . under section 4 of this title" are omitted as surplusage.

#### **Editorial Notes**

#### Amendments

2016—Pub. L. 114–328 renumbered section 311 of this title as this section.

1993—Subsec. (a). Pub. L. 103–160 substituted "members" for "commissioned officers".

1958—Subsec. (a). Pub. L. 85–861 included female citizens of the United States who are commissioned officers of the National Guard.
# **Exhibit32.1**

# ** **

**Certificate pursuant to 18 U.S.C.Section 1350, as adopted pursuant to**

**Section 906 of the Sarbanes-Oxley Actof 2002**

 

In connection with theQuarterly Report of GB&T Bancshares, Inc. (the “Company”) on Form 10-Q forthe period ending March 31, 2004, as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Richard A. Hunt, ChiefExecutive Officer of the Company, certify, to the best of my knowledge,pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of theSarbanes-Oxley Act of 2002, that:

 

1.                                       TheReport fully complies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

2.                                       Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 
| /s/ Richard  A. Hunt                      |   |
|-------------------------------------------|--------|
| Richard A.  Hunt, Chief Executive Officer |
|                                      |
|                                      |
| May 10, 2004                              |

 

1

----
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# USAF, ROKAF, Songtan Firefighter Training Strengthens Partnerships

By Staff Sgt. Benjamin Sutton

**OSAN AIR BASE, Republic of Korea **

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#### § 12.41 Who keeps statistics for Indian country law enforcement activities?

The Director maintains a criminal justice information system for Indian country. The Director will prescribe the types of data to be collected and the reporting format to be used to collect information and assemble reports on crime reported in Indian country. These reports may be provided to the Department of Justice. Any law enforcement program receiving funding from the BIA must use the same reporting format and submit the same statistical reports to the Office of Law Enforcement Services as prescribed by the Director and as are required of all BIA law enforcement programs.
#### The People of the State of New York ex rel. Edward G. Tully, Relator, v. Thomas F. Smith, as Clerk of the City Court of the City of New York, Respondent.

Writ dismissed and proceedings affirmed, with costs. Ho opinion.
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 12-2903

___________________________

Bilder Peralta-Cifuentes

lllllllllllllllllllllPetitioner

v.

Eric H. Holder, Jr., Attorney General of United States

lllllllllllllllllllllRespondent

____________

Petition for Review of an Order of the

 Board of Immigration Appeals

____________

 Submitted: April 17, 2013

 Filed: April 22, 2013

[Unpublished]

____________

Before MURPHY, SMITH, and COLLOTON, Circuit Judges.

____________

PER CURIAM.

Guatemalan citizen Bilder Peralta-Cifuentes petitions for review of an order of

the Board of Immigration Appeals (BIA), denying his motion to reopen removal

proceedings. In his motion to reopen, Peralta-Cifuentes sought permission to apply

for withholding of removal and for relief under the Convention Against Torture. In

denying his motion, the BIA concluded that he had not established prima facie
eligibility for either form of relief. After careful review, we conclude that the BIA

acted within its discretion. See Averianova v. Holder, 592 F.3d 931, 936 (8th Cir.

2010) (standard of review); Minwalla v. INS, 706 F.2d 831, 834-35 (8th Cir. 1983)

(no abuse of discretion in denying motion to reopen where petitioner’s allegations did

not establish prima facie case for substantive relief sought). Accordingly, we deny

the petition for review. See 8th Cir. R. 47B.

______________________________

-2-
# C_2015230EN.01012401.xml

| 14.7.2015 | EN | Official Journal of the European Union | C 230/124 |
| --- | --- | --- | --- |

14.7.2015

EN

Official Journal of the European Union

C 230/124

---

Opinion of the European Economic and Social Committee on the ‘Proposal for a Regulation of the European Parliament and of the Council on common rules for imports from certain third countries (recast)’

COM(2014) 323 final — 2014/0168 (COD)

(2015/C 230/25)

On 15 September 2014 and 8 October 2014 respectively, the European Parliament and the Council decided to consult the European Economic and Social Committee, under Article 304 of the Treaty on the Functioning of the European Union, on the

‘Proposal for a Regulation of the European Parliament and of the Council on common rules for imports from certain third countries (recast)’

‘Proposal for a Regulation of the European Parliament and of the Council on common rules for imports from certain third countries (recast)’

COM(2014) 323 final — 2014/0168 (COD).

Since the Committee unreservedly endorses the proposal and feels that it requires no comment on its part, it decided, at its 503rd plenary session of 10 and 11 December 2014 (meeting of 10 December 2014), by 145 votes to 3 with 7 abstentions, to issue an opinion endorsing the proposed text.

Brussels, 10 December 2014.

The President of the European Economic and Social Committee

Henri MALOSSE

---
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# Readout of Under Secretary of Defense for Policy Dr. Colin Kahl Meetings in the Republic of Korea 

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#### The People of the State of New York, Respondent, v Paul Delorenzo, Jr., Appellant.

[823 NYS2d 564]

Appeal from a judgment of the County Court of Sullivan County (LaBuda, J.), rendered April 29, 2005, convicting defendant upon his plea of guilty of the crime of assault in the second degree.

*869In satisfaction of a seven-count indictment, defendant pleaded guilty to assault in the second degree. Under the terms of the plea agreement, he was to be sentenced to no more than two years of incarceration. At sentencing, however, County Court imposed a sentence of 1 to 3 years in prison to run consecutive to time that defendant was then serving on a youthful offender parole violation. After the Department of Correctional Services expressed its view that the sentence was not appropriate, further proceedings were conducted concerning the propriety of the sentence. County Court adhered to the sentence as originally imposed and defendant now appeals.

Defendant argues that the indeterminate sentence of 1 to 3 years in prison is illegal. The People concede that this is the case and we agree. In *People v Housman*(291 AD2d 665 [2002], *lv denied*98 NY2d 638 [2002]), we noted: “Assault in the second degree is a class D violent felony (see, Penal Law § 70.02 [1] [c]) for which [the] defendant was required to be sentenced in accordance with the sentencing provisions applicable to class D felonies (see, Penal Law § 70.00 [2], [3]), provided, however, *that any sentence of imprisonment to be served in State prison was required to be a determinate sentence of at least two years but not to exceed seven years (see,*Penal Law § 70.02 [2] [b]; [3] [c])” *(id.*at 666 [emphasis added]). Although there are limited exceptions where a definite, intermittent or split sentence may be imposed *(see People v Endresz,*1 AD3d 888, 888-889 [2003]), there is no statutory authorization for an indeterminate sentence. Therefore, the sentence must be vacated and the matter remitted to County Court for resentencing. In view of our disposition, we need not address defendant’s remaining claims.

Mercure, J.P., Peters, Spain, Carpinello and Rose, JJ., concur. Ordered that the judgment is modified, on the law, by reversing so much thereof as imposed a sentence of imprisonment of 1 to 3 years upon defendant’s conviction of the crime of assault in the second degree; said sentence vacated and matter remitted to the County Court of Sullivan County for resentencing; and, as so modified, affirmed.
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                      22,831,000
<SECURITIES>                                         0
<RECEIVABLES>                                  586,000
<ALLOWANCES>                                  (74,000)
<INVENTORY>                                          0
<CURRENT-ASSETS>                            23,997,000
<PP&E>                                       9,465,000
<DEPRECIATION>                             (1,671,000)
<TOTAL-ASSETS>                              32,681,000
<CURRENT-LIABILITIES>                        5,146,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0     
<COMMON>                                        34,000
<OTHER-SE>                                  23,406,000
<TOTAL-LIABILITY-AND-EQUITY>                32,681,000
<SALES>                                              0
<TOTAL-REVENUES>                             1,049,000
<CGS>                                                0
<TOTAL-COSTS>                                2,360,000
<OTHER-EXPENSES>                            16,570,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              64,000
<INCOME-PRETAX>                           (17,594,000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                       (17,594,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                              (17,594,000)
<EPS-PRIMARY>                                   (2.51)
<EPS-DILUTED>                                   (2.51)
        

</TABLE>
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 258 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                         July 22, 1999.
    Resolved, That at any time after the adoption of this resolution the Speaker 
may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the 
Committee of the Whole House on the state of the Union for consideration of the 
bill (H.R. 1074) to provide Government-wide accounting of regulatory costs and 
benefits, and for other purposes. The first reading of the bill shall be 
dispensed with. General debate shall be confined to the bill and shall not 
exceed one hour equally divided and controlled by the chairman and ranking 
minority member of the Committee on Government Reform. After general debate the 
bill shall be considered for amendment under the five-minute rule. It shall be 
in order to consider as an original bill for the purpose of amendment under the 
five-minute rule the amendment in the nature of a substitute recommended by the 
Committee on Government Reform now printed in the bill. The committee amendment 
in the nature of a substitute shall be considered as read. No amendment to the 
committee amendment in the nature of a substitute shall be in order except those 
printed in the portion of the Congressional Record designated for that purpose 
in clause 8 of rule XVIII and except pro forma amendments for the purpose of 
debate. Each amendment so printed may be offered only by the Member who caused 
it to be printed or his designee and shall be considered as read. The Chairman 
of the Committee of the Whole may: (1) postpone until a time during further 
consideration in the Committee of the Whole a request for a recorded vote on any 
amendment; and (2) reduce to five minutes the minimum time for electronic voting 
on any postponed question that follows another electronic vote without 
intervening business, provided that the minimum time for electronic voting on 
the first in any series of questions shall be 15 minutes. At the conclusion of 
consideration of the bill for amendment the Committee shall rise and report the 
bill to the House with such amendments as may have been adopted. Any Member may 
demand a separate vote in the House on any amendment adopted in the Committee of 
the Whole to the bill or to the committee amendment in the nature of a 
substitute. The previous question shall be considered as ordered on the bill and 
amendments thereto to final passage without intervening motion except one motion 
to recommit with or without instructions.
            Attest:

                                                                          Clerk.
```
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

CESAR OBDULIO MONTERROSOPACHECO,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 09-73325

Agency No. A098-795-030

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted December 14, 2010** 

Before: GOODWIN, WALLACE and THOMAS, Circuit Judges.

Petitioner Cesar Obdulio Monterroso-Pacheco, a native and citizen of

Guatemala, petitions pro se for review of a Board of Immigration Appeals order

dismissing his appeal from an immigration judge’s decision denying his

application for asylum, withholding of removal and protection under the

FILED

DEC 27 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 09-73325

Convention Against Torture (CAT). We have jurisdiction under 8 U.S.C. § 1252. 

We deny the petition for review.

Substantial evidence supports the Board’s denial of asylum and withholding

of removal because petitioner failed to show his alleged persecutors threatened him

on account of a protected ground. See INS v. Elias-Zacarias, 502 U.S. 478, 482-83

(1992) (holding that forced recruitment alone is not enough to show persecution on

account of political opinion). His fear of future persecution based on an actual or

imputed anti-gang or anti-crime opinion is not on account of the protected ground

of either membership in a particular social group or political opinion. Ramos

Barrios v. Holder, 581 F.3d 849, 854-56 (9th Cir. 2009); Santos-Lemus v.

Mukasey, 542 F.3d 738, 745-46 (9th Cir. 2008); see Ochave v. INS, 254 F.3d 859,

865 (9th Cir. 2001) (“Asylum generally is not available to victims of civil strife,

unless they are singled out on account of a protected ground.”)

Substantial evidence also supports the Board’s denial of CAT relief based on

the Board’s finding that petitioner did not establish a likelihood of torture by, at the

instigation of, or with the consent or acquiescence of the Guatemalan government. 

See Arteaga v. Mukasey, 511 F.3d 940, 948-49 (9th Cir. 2007).

PETITION FOR REVIEW DENIED.
#### § 166.308 Can the number of animals and/or season of use be modified on the permitted land if I graze adjacent trust or non-trust rangelands under an on-and-off grazing permit?

Yes. The number of animals and/or season of use may be modified on permitted Indian land with an on-and-off grazing permit only when a conservation plan includes the use of adjacent trust or non-trust rangelands not covered by the permit and when that land is used in common with permitted land.
### §1315. Computation of retired pay: law applicable

A member of the armed forces retired under this chapter is entitled to retired pay computed under chapter 71 of this title.

(Aug. 10, 1956, ch. 1041, 70A Stat. 101.)

| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 1315 | [No source]. | [No source]. |

The revised section is based on the various retirement provisions in this chapter and is inserted to make explicit the entitlement to retired pay upon retirement.