alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §950a. Error of law; lesser included offense

(a) Error of Law.—A finding or sentence of a military commission under this chapter may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.

(b) Lesser Included Offense.—Any reviewing authority with the power to approve or affirm a finding of guilty by a military commission under this chapter may approve or affirm, instead, so much of the finding as includes a lesser included offense.

(Added Pub. L. 111–84, div. A, title XVIII, §1802, Oct. 28, 2009, 123 Stat. 2599.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 950a, added Pub. L. 109–366, §3(a)(1), Oct. 17, 2006, 120 Stat. 2618, related to error of law and lesser included offense, prior to the general amendment of this chapter by Pub. L. 111–84.
### §20238. Establishment of promotion zones

(a) In General.—Before convening a selection board under section 20211 of this title to consider officers for promotion to any grade above first lieutenant or lieutenant (junior grade), the Secretary of the Air Force shall establish a promotion zone for officers serving in each grade and competitive category to be considered by the board.

(b) Determination of Number.—The Secretary of the Air Force shall determine the number of officers in the promotion zone for officers serving in any grade and competitive category from among officers who are eligible for promotion in that grade and competitive category. Such determination shall be made on the basis of an estimate of—

(1) the number of officers needed in that competitive category in the next higher grade in each of the next five years;

(2) the number of officers to be serving in that competitive category in the next higher grade in each of the next five years;

(3) in the case of a promotion zone for officers to be promoted to a grade to which section 523 of this title is applicable, the number of officers authorized for such grade under such section to be on sustained duty on the last day of each of the next five fiscal years; and

(4) the number of officers that should be placed in that promotion zone in each of the next five years to provide to officers in those years relatively similar opportunity for promotion.

(Added Pub. L. 118–31, div. A, title XVII, §1716(c), Dec. 22, 2023, 137 Stat. 645.)
§ 11.426 Bribery. ( a ) A person is guilty of bribery, a misdemeanor, if he or she offers, confers or agrees to confer upon another, or solicits, accepts or agrees to accept from another: ( 1 ) Any pecuniary benefit as consideration for the recipient's decision, opinion, recommendation, vote or other exercise of discretion as a public servant, party official or voter; or
( 2 ) Any benefit as consideration for the recipient's decision, vote, recommendation or other exercise of official discretion in a judicial or administrative proceeding; or
( 3 ) Any benefit as consideration for a violation of a known legal duty as a public servant or party official.
( b ) It is no defense to prosecution under this section that a person whom the actor sought to influence was not qualified to act in the desired way, whether because he or she had not yet assumed office, or lacked jurisdiction, or for any other reason.
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 444 Reported in House (RH)]

                                                 House Calendar No. 180
106th CONGRESS
  2d Session
H. RES. 444

                          [Report No. 106-532]

 Providing for consideration of the bill (S. 1287) to provide for the 
 storage of spent nuclear fuel pending completion of the nuclear waste 
                  repository, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 21, 2000

 Mr. Hastings of Washington, from the Committee on Rules, reported the 
  following resolution; which was referred to the House Calendar and 
                         ordered to be printed

_______________________________________________________________________

                               RESOLUTION

 
 Providing for consideration of the bill (S. 1287) to provide for the 
 storage of spent nuclear fuel pending completion of the nuclear waste 
                  repository, and for other purposes.

    Resolved, That upon the adoption of this resolution it shall be in 
order to consider in the House the bill (S. 1287) to provide for the 
storage of spent nuclear fuel pending completion of the nuclear waste 
repository, and for other purposes. The bill shall be considered as 
read for amendment. The previous question shall be considered as 
ordered on the bill to final passage without intervening motion except: 
(1) one hour of debate equally divided and controlled by the chairman 
and ranking minority member of the Committee on Commerce; and (2) one 
motion to commit.
                                     

                                                 House Calendar No. 180

106th CONGRESS

  2d Session

                              H. Res. 444

                          [Report No. 106-532]

_______________________________________________________________________

                              RESOLUTIOIN

 Providing for consideration of the bill (S. 1287) to provide for the 
 storage of spent nuclear fuel pending completion of the nuclear waste 
                  repository, and for other purposes.

_______________________________________________________________________

                             March 21, 2000

        Referred to the House Calendar and ordered to be printed
```
Exhibit 32.2

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 OMI Corporation (the Company) on Form 10-Q for the period ending June 30, 2004 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Kathleen C. Haines, Senior Vice President, Chief Financial Officer and Treasurer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:

| | 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.

|Date: | August 9, 2004 |  | By: | /s/KATHLEEN C. HAINES                                                                  
|----- | -------------- |  | --- | ---------------------------------------------------------------------------------------
|      |                |  |     |                                                                                        
|      |                |  |     | Kathleen   C. Haines    Senior Vice President,    Chief Financial Officer and Treasurer

A signed original of this statement required by Section 906 has been provided to OMI Corporation and will be retained by OMI Corporation and furnished to the Securities and Exchange Commission or its Staff upon request.
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

###### Internal Revenue Service

# AGENCY:

Internal Revenue Service (IRS) Treasury.

# ACTION:

Notice of meeting.

# SUMMARY:

An open meeting of the Taxpayer Advocacy Panel Earned Income Tax Credit Project Committee will be conducted. The Taxpayer Advocacy Panel is soliciting public comments, ideas and suggestions on improving customer service at the Internal Revenue Service.

# DATES:

The meeting will be Monday, February 28, 2011.

# FOR FURTHER INFORMATION CONTACT:

Marianne Ayala at 1-888-912-1227 or 954-423-7978.

# SUPPLEMENTARY INFORMATION:

                    Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that an open meeting of the Taxpayer Advocacy Panel Earned Income Tax Credit Project Committee will be held Monday, February 28, 2011, at 2:00 p.m. Eastern Time via telephone conference. The public is invited to make oral comments or submit written statements for consideration. Due to limited conference lines, notification of intent to participate must be made with Marianne Ayala. For more information, please contact Ms. Ayala at 1-888-912-1227 or 954-423-7978, or write TAP Office, 1000 South Pine Island Road, Suite 340, Plantation, FL 33324, or contact us at the Web site:                     *http://www.improveirs.org.*

The agenda will include various IRS issues.

Dated: January 5, 2011.

Shawn Collins,

Director, Taxpayer Advocacy Panel.

[FR Doc. 2011-421 Filed 1-11-11; 8:45 am]

BILLING CODE 4830-01-P
Exhibit 35.1

SERVICING COMPLIANCE STATEMENT

In connection with the Annual Report on Form 10-K of Santander Drive Auto Receivables Trust 2012-1 for the fiscal year ending
December 31, 2014 (the Report), the undersigned, a duly authorized officer of Santander Consumer USA Inc. (the Servicer), does hereby certify and represent that:



| | 1. | A review of the activities and performance of the Servicer under the Sale and Servicing Agreement, dated as of January 19, 2012, among Santander Drive Auto Receivables LLC, Santander Consumer USA Inc., Santander
Drive Auto Receivables Trust 2012-1 and Wells Fargo Bank, National Association (the Agreement) during the period that is the subject of the Report has been made under my supervision.
| | -- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 2. | To the best of my knowledge, based on such review, the Servicer has fulfilled all of its obligations under the Agreement in all material respects throughout the period that is the subject of the Report.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



SANTANDER CONSUMER USA INC./s/ Jason KulasName:

Jason KulasTitle:

President and Chief Financial OfficerDate:

March 23, 2015/s/ Jennifer M. PoppName:

Jennifer M. PoppTitle:

Chief Accounting OfficerDate:

March 23, 2015
```

[Federal Register Volume 76, Number 56 (Wednesday, March 23, 2011)]
[Notices]
[Page 16444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4045]

[[Page 16444]]

-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLES956000-L14200000-BJ0000]

Eastern States: Filing of Plat of Survey

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of filing of plat of survey; Minnesota.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Land Management (BLM) will file the plat of 
survey of the lands described below in the BLM-Eastern States office in 
Springfield, Virginia.

DATES: BLM will file the plat of survey on April 22, 2011.

FOR FURTHER INFORMATION CONTACT: Bureau of Land Management-Eastern 
States, 7450 Boston Boulevard, Springfield, Virginia 22153. Attn: 
Cadastral Survey.

SUPPLEMENTARY INFORMATION: This survey was requested by the Bureau of 
Indian Affairs.
    The lands surveyed are:

Fifth Principal Meridian, Minnesota

T. 145 N. R. 40 W.

    The plat of survey represents the corrective dependent resurvey 
of a portion of the East and west boundary, a portion of the 
subdivisional lines, a portion of sections subdivisions, and the 
subdivision of sections 31, 34 and 34, Township 145 North, Range 40 
West, of the Fifth Principal Meridian, in the State of Minnesota, 
and was accepted February 3, 2011.

    We will place a copy of the plat we described in the open files. It 
will be available to the public as a matter of information.
    If BLM receives a protest against the survey, as shown on the plat, 
prior to the date of the official filing, we will stay the filing 
pending our consideration of the protest.
    We will not officially file the plat until the day after we have 
accepted or dismissed all protests and they have become final, 
including decisions on appeals.

    Dated: February 16, 2011.
Dominica Van Koten,
Chief Cadastral Surveyor.
[FR Doc. 2011-4045 Filed 3-22-11; 8:45 am]
BILLING CODE 4310-GJ-P
```
#### § 37.102 How is this part organized?

This part is divided into three subparts. Subpart A applies to all Bureau-funded schools. Subpart B applies only to day schools, on-reservation boarding schools, and peripheral dorms—in other words, to all Bureau-funded schools except off-reservation boarding schools. Subpart C applies only to off-reservation boarding schools (ORBS).
### §8781. Marine Corps post laundries: disposition of receipts

(a) Money received for laundry work performed by Marine Corps post laundries shall be used to pay the cost of maintenance and operation of those laundries. Any amount remaining at the end of the fiscal year after the cost has been so paid shall be deposited in the Treasury to the credit of the appropriation from which the cost of operating the laundries is paid.

(b) The receipts and expenditures of Marine Corps post laundries shall be accounted for as public funds.

(Aug. 10, 1956, ch. 1041, 70A Stat. 470, §7581; renumbered §8781, Pub. L. 115–232, div. A, title VIII, §807(d)(9), Aug. 13, 2018, 132 Stat. 1837.)

| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 7581 | 34 U.S.C. 724. | July 11, 1919, ch. 9, 41 Stat. 155 (proviso). |

In subsection (a) the words "Marine Corps" are inserted before the words "post laundries" for clarity. The words "maintenance and" are added to the first sentence and the words "maintenance and operation" are omitted from the second sentence.

#### **Editorial Notes**

#### Prior Provisions

A prior section 8781, acts Aug. 10, 1956, ch. 1041, 70A Stat. 542; July 12, 1960, Pub. L. 86–616, §7(a), 74 Stat. 391, authorized Secretary of Air Force to convene at any time a board of officers to review record of any commissioned officer on active list of Regular Air Force to determine whether he should be required, because of substandard performance of duty, to show cause for his retention on active list, prior to repeal by Pub. L. 96–513, title II, §213, Dec. 12, 1980, 94 Stat. 2885, effective Sept. 15, 1981. See section 1181(a) of this title.

#### Amendments

2018—Pub. L. 115–232 renumbered section 7581 of this title as this section.

#### **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.
* 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

October 22, 2003

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-40612

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

EDWARDO PERALA-SALAZAR,

Defendant-Appellant.

--------------------

Appeal from the United States District Court

for the Southern District of Texas

USDC No. B-03-CR-27-1

--------------------

Before KING, Chief Judge, and JOLLY and STEWART, Circuit Judges.

PER CURIAM:*

 Edwardo Perala-Salazar appeals the sentence imposed

following his guilty plea conviction of being found in the United

States after deportation/removal in violation of 8 U.S.C. § 1326. 

Perala-Salazar complains that his sentence was improperly

enhanced pursuant to 8 U.S.C. § 1326(b) based on a prior

conviction. He argues that the sentencing provision is

unconstitutional. Perala-Salazar thus contends that his sentence
No. 03-40612

-2-

should not exceed the maximum terms of imprisonment prescribed in

8 U.S.C. § 1326(a). 

In Almendarez-Torres v. United States, 523 U.S. 224, 235

(1998), the Supreme Court held that the enhanced penalties in

8 U.S.C. § 1326(b) are sentencing provisions, not elements of

separate offenses. The Court further held that the sentencing

provisions do not violate the Due Process Clause. Id. at 239-47. 

Perala-Salazar acknowledges that his argument is foreclosed by

Almendarez-Torres, but asserts that the decision has been cast

into doubt by Apprendi v. New Jersey, 530 U.S. 466, 490 (2000). 

He seeks to preserve his argument for further review. 

Apprendi did not overrule Almendarez-Torres. See Apprendi,

530 U.S. at 489-90; United States v. Dabeit, 231 F.3d 979, 984

(5th Cir. 2000). This court must follow Almendarez-Torres

“unless and until the Supreme Court itself determines to overrule

it.” Dabeit, 231 F.3d at 984 (internal quotation marks and

citation omitted). The judgment of the district court is

AFFIRMED.

The Government has moved for a summary affirmance in lieu of

filing an appellee’s brief. In its motion, the Government asks

that an appellee’s brief not be required. The motion is GRANTED. 

AFFIRMED; MOTION GRANTED.
Editorial Note on Part 224
Editorial Note: Nomenclature changes to part 224 appear at 84 FR 69611, Dec. 18, 2019.

§ 224.117 Must the Secretary make a determination of the Tribe's compliance with a TERA? ( a ) Yes. Upon a finding that one of the threshold determinations in § 224.115 has been met, the Secretary must make a determination of the Tribe's compliance with a TERA within the time period in § 224.116.
( b ) If the Secretary determines that the Tribe is in compliance with the TERA, the Secretary will notify the Tribe and the petitioner in writing;
( c ) If the Secretary determines that the Tribe is not in compliance with the TERA, the Secretary will notify the Tribe and the petitioner in writing and, in addition, must provide the Tribe: ( 1 ) A written determination that describes the manner in which the TERA has been violated together with a written notice of the violations;
( 2 ) Notice of a reasonable opportunity to comply with the TERA; and
( 3 ) Notice of the Tribe's opportunity for a hearing.
#### § 170.609 Can a Tribe receive additional TTP funds for start-up activities?

No. Additional TTP funding for start-up activities is not available.
EX-35.2
(logo) KeyBank


Statement of Compliance
January 1, 2013 - December 31, 2013 (the 'reporting period')


I, Diane Haislip, in my capacity as Senior Vice President of KeyBank
National Association successor by merger to KeyCorp Real Estate Capital Markets,
Inc., (KeyBank), do hereby state that:


*  A review of the Primary Servicing and Master Servicing activities of
   KeyBank during the reporting period and of its performance, under
   the Agreement dated as of March 1, 2012 relating to Morgan Stanley
   Capital I Inc., Commercial Mortgage Pass-Through Certificates,
   Series 2012-C4 and the Pooling and Servicing Agreement dated as of
   July 1, 2012 relating to Morgan Stanley Capital I Inc., Commercial
   Mortgage Pass-Through Certificates, Series 2012-C5 (collectively,
   the "Agreements"), has been made under my supervision, and,


*  To the best of my knowledge, based on such review, KeyBank
   has fulfilled all of its obligations under the Agreements in all
   material respects throughout the reporting period.


By:
/s/ Diane Haislip
Diane Haislip, Senior Vice President

Date: March 11, 2014


KeyBank National Association
11501 Outlook Street, * Suite 300 * Overland Park, KS 66211
Toll Free (888) 979-1200 * Direct (913) 317-4100 * www.keybank.com

47608568.2
Editorial Note on Part 224
Editorial Note: Nomenclature changes to part 224 appear at 84 FR 69611, Dec. 18, 2019.

§ 224.141 What must the Secretary do if the Tribe responds to the Secretary's order? ( a ) If the Tribe responds in a timely manner to the Secretary's order under § 224.138, the Secretary must: ( 1 ) Evaluate the Tribe's response;
( 2 ) Determine whether or not the Tribe has complied with the TERA and the Federal law cited in the notice; and
( 3 ) If the Secretary determines, after reviewing the Tribe's response, that the Tribe has not complied with the TERA or with a Federal law, the Secretary will determine whether the noncompliance caused imminent jeopardy to a physical trust asset.
( b ) If the Secretary determines that the Tribe's noncompliance has caused imminent jeopardy to a physical trust asset, the Secretary may: ( 1 ) Order the Tribe to take any action the Secretary deems necessary to comply with the TERA or Federal law and to protect the physical trust asset; or
( 2 ) Take any action the Secretary deems necessary to protect the physical trust asset, including reassumption under subpart G of this part.
( c ) If the Secretary determines, after reviewing the Tribe's response, that the Tribe has complied with the TERA and with Federal law, the Secretary will withdraw the Secretary's order.
( d ) The Secretary must base a finding of imminent jeopardy to a physical trust asset on the Tribe's non-compliance with a TERA or violation of a Federal law.