alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §2470. Depot-level activities of the Department of Defense: authority to compete for maintenance and repair workloads of other Federal agencies

A depot-level activity of the Department of Defense shall be eligible to compete for the performance of any depot-level maintenance and repair workload of a Federal agency for which competitive procedures are used to select the entity to perform the workload.

(Added Pub. L. 103–337, div. A, title III, §335(a), Oct. 5, 1994, 108 Stat. 2716.)
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 279 Introduced in House (IH)]

106th CONGRESS
  1st Session
H. RES. 279

Congratulating Henry ``Hank'' Aaron on the 25th anniversary of breaking 
 the Major League Baseball career home run record established by Babe 
Ruth and recognizing him as one of the greatest baseball players of all 
                                 time.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             August 5, 1999

  Mr. Chambliss (for himself and Mr. Lewis of Georgia) submitted the 
following resolution; which was referred to the Committee on Government 
                                 Reform

_______________________________________________________________________

                               RESOLUTION

 
Congratulating Henry ``Hank'' Aaron on the 25th anniversary of breaking 
 the Major League Baseball career home run record established by Babe 
Ruth and recognizing him as one of the greatest baseball players of all 
                                 time.

Whereas Henry ``Hank'' Aaron hit a historic home run in 1974 to become the all-
        time Major League Baseball home run leader;
Whereas Henry ``Hank'' Aaron over the course of his career created a lasting 
        legacy in the game of baseball and continues to contribute to society 
        through his Chasing the Dream Foundation;
Whereas Henry ``Hank'' Aaron hit more than 40 home runs in 8 different seasons;
Whereas Henry ``Hank'' Aaron appeared in 20 All-Star games;
Whereas Henry ``Hank'' Aaron was elected to the National Baseball Hall of Fame 
        in his first year of eligibility, receiving one of the highest vote 
        totals (406 votes) in the history of National Baseball Hall of Fame 
        voting;
Whereas Henry ``Hank'' Aaron was inducted into the National Baseball Hall of 
        Fame on August 1, 1982;
Whereas Henry ``Hank'' Aaron finished his career in 1976 with 755 home runs, a 
        lifetime batting average of .305, and 2,297 runs batted in;
Whereas Henry ``Hank'' Aaron taught us to follow our dreams;
Whereas Henry ``Hank'' Aaron continues to serve the community through his 
        various commitments to charities and as corporate vice president of 
        community relations for Turner Broadcasting;
Whereas Henry ``Hank'' Aaron became one of the first African-Americans in Major 
        League Baseball upper management, as Atlanta's vice president of player 
        development; and
Whereas Henry ``Hank'' Aaron is one of the greatest baseball players: Now, 
        therefore, be it
    Resolved, That the House of Representatives--
            (1) congratulates Henry ``Hank'' Aaron on his great 
        achievements in baseball and recognizes Henry ``Hank'' Aaron as 
        one of the greatest professional baseball players of all time; 
        and
            (2) commends Henry ``Hank'' Aaron for his commitment to 
        young people, earning him a permanent place in both sports 
        history and American society.
                                 <all>
```
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pa ne l una ni m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l ar g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T UN I T E D S T AT E S OF AME R I C A, P l ai nt i ff

- A pp el l ee , v. L UC AN O N UN E Z - C OR R E A, D e f

e n d a n t - A p p e llan t. N o. 10- 10377 D . C. N o . 4 : 1 0 - c r - 0 0 3 8 3 - D CB ME MOR AN DU M *

A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt

f orthe D i s tr i c tof

A r i z ona D a vi d C . B ury , D i s tr i c tJudge , P r e s i di ng S ubm i tt e d D e c e m be r19, 2011 ** B e f o r e : G O O D W I N , W A L L A C E , an dM c K E O W N , C ir c u it Ju d g e s . L uc a no N une z - C orr e aappe a l s f r om hi s gui l ty - pl e ac onvi c t i on and the 51- m o n th s e n te n c e f

o rille g a l r e - e n trya f

te rd e p o rta tio n , in v io la tio n o f 8 U .S .C . § 1326. P ur s ua ntt o A n de rs v . Ca lifo rn ia , 3 8 6 U .S . 7 3 8 (1 9 6 7 ), N u n ez -C o rr ea ’s c ouns e l ha s f

i l e d abr i e f

s t a t i ng the r e a r e no gr ounds f orr e l i e f , a l ong w i th am ot i on 

# FI LED DE C 21 2011 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS10- 10377 2 t o w i thd raw as coun se l of re cord. N un ez -C orre a f i l ed a pro se supp l em ent albri ef , cont endi ng thatthe di stri ctcourterre d i n app l yi ng a 16-l evelcr i m e of vi ol ence enhancem entun der U . S . S . G . § 2 L 1. 2(b)(1)(A )( i i ). T he go vernm enthas f i l ed an a n s w e r in g b r ie f

. O uri nde pe nde ntr e vi e w of the r e c or d pur s uantt o P e n s o n v . O h io , 4 8 8 U . S. 7 5 , 8 0 - 8 1 ( 1 9 8 8 ) , d is c lo s e s n o a r g u ab le g r o u n d s f o rr e lie f o n d ir e c t ap p e a l. W e d is m is s in lig h t o f

th e v a lidap p e a l w a iv e r . See U ni ted States v. N

gu ye n , 235 F . 3d 1 1 7 9 , 1 1 8 2 ( 9 th C ir . 2 0 0 0 ) . C o u n sel ’ s m o t i o n t o w i th d raw i s G R A N T E D . DI S MI S S E D.
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<PAGE>
<ARTICLE> 5
<NAME> GLOBAL HEALTH
<CIK> 0001060980
<MULTIPLIER> 1,000

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<PERIOD-END>                               MAR-31-1999             MAR-31-2000
<CASH>                                          13,687                  12,578
<SECURITIES>                                         0                       0
<RECEIVABLES>                                   15,460                  17,851
<ALLOWANCES>                                       574                     685
<INVENTORY>                                     17,181                  25,339
<CURRENT-ASSETS>                                48,354                  57,134
<PP&E>                                          23,883                  33,296
<DEPRECIATION>                                  10,375                  12,528
<TOTAL-ASSETS>                                 211,568                 193,677
<CURRENT-LIABILITIES>                           67,663                  75,545
<BONDS>                                        218,998                 219,658
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<COMMON>                                           473                     473
<OTHER-SE>                                    (75,566)               (101,999)
<TOTAL-LIABILITY-AND-EQUITY>                   211,568                 193,677
<SALES>                                              0                       0
<TOTAL-REVENUES>                                52,096                  71,167
<CGS>                                           36,833                  53,943
<TOTAL-COSTS>                                   36,833                  53,943
<OTHER-EXPENSES>                                 5,120                   6,476
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                               7,192                   7,601
<INCOME-PRETAX>                                (5,232)                 (5,036)
<INCOME-TAX>                                        23                      25
<INCOME-CONTINUING>                            (5,255)                 (5,061)
<DISCONTINUED>                                       0                       0
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<NET-INCOME>                                   (5,255)                 (5,061)
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</TABLE>
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<TABLE> <S> <C>

<ARTICLE>  5

<S>
<PERIOD-TYPE>                                      9-MOS
<FISCAL-YEAR-END>                                         DEC-31-1999
<PERIOD-START>                                            JAN-01-1999
<PERIOD-END>                                              SEP-30-1999
<CASH>                                                       12,208
<SECURITIES>                                                      0
<RECEIVABLES>                                                     0
<ALLOWANCES>                                                      0
<INVENTORY>                                                       0
<CURRENT-ASSETS>                                             12,208
<PP&E>                                                       28,754
<DEPRECIATION>                                                4,257
<TOTAL-ASSETS>                                               37,395
<CURRENT-LIABILITIES>                                     1,171,911
<BONDS>                                                           0
<PREFERRED-MANDATORY>                                             0
<PREFERRED>                                                      24
<COMMON>                                                      3,440
<OTHER-SE>                                               (1,137,980)
<TOTAL-LIABILITY-AND-EQUITY>                                 37,395
<SALES>                                                      13,488
<TOTAL-REVENUES>                                             13,488
<CGS>                                                        52,923
<TOTAL-COSTS>                                               560,833
<OTHER-EXPENSES>                                                  0
<LOSS-PROVISION>                                                  0
<INTEREST-EXPENSE>                                           50,682
<INCOME-PRETAX>                                            (650,950)
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#### STATE OF CONNECTICUT *v.*MARTY CALDERON

Decided June 23, 2004

*Marty Calderon,*pro se, in support of the petition.

*Leon F. Dalbec, Jr.,*senior assistant state’s attorney, in opposition.

The defendant’s petition for certification for appeal from the Appellate Court, 82 Conn. App. 315 (AC 23499), is denied.
### §2388. Security clearances for facilities of certain companies

(a) Authority.—If the senior management official of a covered company does not have a security clearance, the Secretary of Defense may grant a security clearance to a facility of such company only if the following criteria are met:

(1) The company has appointed a senior officer, director, or employee of the company who has a security clearance at the level of the security clearance of the facility to act as the senior management official of the company with respect to such facility.

(2) Any senior management official, senior officer, or director of the company who does not have such a security clearance will not have access to any classified information, including with respect to such facility.

(3) The company has certified to the Secretary that the senior officer, director, or employee appointed under paragraph (1) has the authority to act on behalf of the company with respect to such facility independent of any senior management official, senior officer, or director described in paragraph (2).

(4) The facility meets all of the requirements to be granted a security clearance other than any requirement relating to the senior management official of the company having an appropriate security clearance.

(b) Covered Company.—In this section, the term "covered company" means a company that has entered into a contract or agreement with the Department of Defense, assists the Department, or requires a facility to process classified information.

(Added Pub. L. 115–91, div. A, title XVI, §1621(a), Dec. 12, 2017, 131 Stat. 1732, §2410s; amended Pub. L. 115–232, div. A, title X, §1081(a)(23), Aug. 13, 2018, 132 Stat. 1984; renumbered §2388, Pub. L. 116–283, div. A, title XVIII, §1882(b), Jan. 1, 2021, 134 Stat. 4293.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 2388 was renumbered section 2922 of this title.

#### Amendments

2021—Pub. L. 116–283 renumbered section 2410s of this title as this section.

2018—Pub. L. 115–232 struck out period at end of section catchline.

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

#### Effective Date of 2021 Amendment

Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
### §20251.1 Failure of selection for promotion

(a) In General.—Except as provided in this section, sections 14501, 14503, and 14504 and section 2 631 and 632 of this title shall apply to promotions of officers on the Space Force officer list. For the purpose of such applicability—

(1) any reference in those sections to the reserve active-status list or the active-duty list shall apply to the Space Force officer list; and

(2) any reference in those sections to a board convened under section 14201 3 or 611 of this title shall apply to a board convened under section 20211 of this title.

(b) Inapplicability of Failure of Selection for Promotion to Officers Above Promotion Zone.—The reference in section 14501 of this title to an officer above the promotion zone shall not apply in the promotion of officers on the Space Force officer list.

(c) Retirement Authorities.—In applying section 631 or 632 of this title to such an officer, the reference in subsection (a)(3) of that section to qualifying for retirement under certain sections of this title shall be deemed to refer to qualifying for retirement under any provision of law other than chapter 61 of this title.

(d) Effect of Failure of Selection.—In the administration of this chapter pursuant to subsection (a)—

(1) an officer on the Space Force officer list shall not be deemed to have failed twice of selection for promotion for purposes of section 629(e)(2) or 14502(b) 3 of this title until the officer has failed selection of promotion to the next higher grade the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned under section 20234 of this title; and

(2) any reference in section 631(a) or 632(a) of this title, or in sections 14504 through 14506 of this title, to an officer who has failed of selection for promotion to the next higher grade for the second time shall be deemed to refer instead to an officer on the Space Force officer list who has failed of selection for promotion to the next higher grade for the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned under section 20234 of this title.

(Added Pub. L. 118–31, div. A, title XVII, §1716(c), Dec. 22, 2023, 137 Stat. 649.)

#### **Editorial Notes**

#### References in Text

Section 14201 of this title, referred to in subsec. (a)(2), probably should be section 14101 of this title, which relates to convening of selection boards. There is no section 14201 of this title.

Section 14502(b) of this title, referred to in subsec. (d)(1), probably should be section 14501(b) of this title, which relates to officers twice failed of selection. Section 14502(b) of this title relates to officers considered but not selected due to material error.

1 Another section 20251 is set out after this section.

2 So in original. Probably should be "sections".

3 See References in Text note below.
Dave Heineman 

Governor 

Mr. Sam Napolitano 

USEP A Headquarters 

Office of Atmospheric Programs 

Director, Clean Air Markets Division 

Ariel Rios Building 

1200 Pennsylvania Avenue, N. W. 

Mail Code: 6204J 

Washington, DC 20460 

October 17,2011 

RE: Nebraska State Implementation Plan 

Dear Mr. Napolitano, 

STATE OF NEBRASKA 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

Michael J. Linder 

Director 

Suite 400. The Atrium 

1200 'N Street 

PO Box 98922 

Lincoln , Nebraska 68509-8922 

Phone ~02)471 2186 

FAX (402) 471 -2909 

website : www.deq.state .ne.us 

As provided in the Cross State Air Pollution Rule (CSAPR), the Nebraska Department 

of Environmental Quality (NDEQ) is notifying the U.S, Environmental Protection Agency 

(U.S. EPA) that Nebraska intends to submit to U.S. EPA a complete SIP revision by April 2, 

2012 that allocates, to units that commenced commercial operation before January 1,2010, 

allowances for 2013 in the "TR NOx Annual Trading Program" and "TR S02 Group 2 

Trading Program" under CSAPR. 

Sincerely, 

Director 

Cc: Karl Brooks, Regional Administrator, U.S. EPA, Region VII 

An Equal Opportunity/Affirmative Action Employer 

Printed with soy ,nk on recycled paper ~
#### The People of the State of New York, Respondent, v Justice Ennett, Appellant.

[823 NYS2d 527]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Harms, J.), rendered December 23, 2003, convicting him of criminal sale of a controlled substance in the third degree, assault in the second degree, and conspiracy in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution *(see People v Contes,*60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt of conspiracy in the third degree beyond a reasonable doubt. Moreover, resolution of issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions to be determined by the trier of fact, which saw and heard the witnesses *(see People v Gaimari,*176 NY 84, 94 [1903]). Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record *(see People v Garafolo,*44 AD2d 86, 88 [1974]). Upon the exercise of our factual review power, we are satisfied that the verdict of guilt of conspiracy in the third degree was not against the weight of the evidence *(see*CPL 470.15 [5]).

The trial court providently exercised its discretion in imposing no sanction against the People for the loss of *Rosario*material *(People v Rosario,*9 NY2d 286 [1961], *cert denied*368 US *494866 [1961]). The defendant failed to carry his burden of showing a reasonable possibility that the officers’ loss or destruction of their notes and one of the officers’ memo book materially contributed to the result of his trial or caused him any prejudice *(see*CPL 240.75; *People v Sorbello,*285 AD2d 88, 96 [2001]).

Contrary to the defendant’s contention, the trial court’s *Allen*charge *(see Allen v United States,*164 US 492 [1896]), as a whole, was not coercive *(see People v Ford,*78 NY2d 878, 880 [1991]; *People v Pagan,*45 NY2d 725, 726-727 [1978]; *People v Ali,*301 AD2d 609 [2003]; *People v Kinard,*215 AD2d 591 [1995]).

The sentence imposed was not excessive *(see People v Suitte,*90 AD2d 80, 83 [1982]).

The defendant’s contentions raised in point two of his brief, relating to the issue of whether certain allegedly inflammatory remarks by a police witness and the assistant district attorney deprived him of a fair trial, and in point five adopting the arguments made in his codefendants’ briefs relating to the amendment of the indictment and the sealing of the courtroom, are without merit, and the defendant’s remaining contentions in point five adopting the arguments made in his codefendants’ briefs are unpreserved for appellate review and, in any event, are without merit *(see People v Tyrell Norris,*34 AD3d 501 [2006] [decided herewith]; *People v Elbert Norris,*34 AD3d 500 [2006] [decided herewith]). Crane, J.P., Krausman, Spolzino and Skelos, JJ., concur.