alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff

- Appellee,

v. KEVIN DUANE HICKMAN,

Defendant

- Appellant. No. 19

- 10325

D.C. No. 2:10

- cr
- 00246

- MCE

- 1

MEMORANDUM *

Appeal from the United States District Court for the Eastern District of California Morrison C. England, Jr., District Judge, Presiding

Submitted August 5, 2020 * *

Before: SCHROEDER, HAWKINS, and LEE , Circuit Judges. Kevin Duane Hickman appeals from the district court’s judgment and challenges the 24

- month sentence imposed upon the second revocation of his supervised release. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm

. Hickman contends that the district court procedurally erred by relying on

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

AUG 11 2020
MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS2 19

- 10325

improper sentencing factors under 18 U.S.C. § 3553(a), namely, the seriousness of
his new criminal co nduct and the need to promote respect for the law . We review unpreserved claims of procedural error for plain error, see United States v.
Valencia

- Barragan , 608 F.3d 110 3 , 110 8 (9th Cir. 20 10 ) , and conclude that there
is none. The district court’s explanation reflects that it permissibly considered Hickman’s ongoing poor performance on supervised release, which had been revoked once before, and mentioned his new offenses in connection with its consideration of Hickman’s significant criminal history. See United States v.
Simtob , 485 F.3d 1058, 1062 (9th Cir. 2007) (district court may consider the
seriousness of the offenses underlying the revocation “to a lesser degree as part of
the criminal h istory of the violator”). Hickman also contends that his sentence is substantively unreasonable. The
district court did not abuse its discretion by imposing the within

- Guidelines

sentence. See Gall v. United States , 552 U.S. 38, 51 (2007) . The sentence is substantively reasonable in light of the 18 U.S.C. § 3583(e) factors and the totality of the circumstances, including, as the district court highlighted , Hickman’s criminal history and performance on supervision. See Gall , 552 U.S. at 51;
Simtob , 485 F .3d at 10 62

- 63

. AFFIRMED.
### §460mmm–3. Black Ridge Canyons Wilderness designation

Certain lands in Mesa County, Colorado, and Grand County, Utah, which comprise approximately 75,550 acres as generally depicted on the Map, are hereby designated as wilderness and therefore as a component of the National Wilderness Preservation System. Such component shall be known as the Black Ridge Canyons Wilderness.

(Pub. L. 106–353, §5, Oct. 24, 2000, 114 Stat. 1375.)
EXHIBIT 32

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT BY
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


         In connection with the Quarterly Report of Caprock Canyon  Investments,
Inc.,  on Form 10- QSB for the period  ending  March 31,  2003 as filed with the
Securities  and  Exchange  Commission  on the date  hereof (the  "REPORT"),  the
undersigned, B. Stephen Bailey, Chief Executive Officer and Principal Accounting
Officer of the Company,  certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to ss. 906 of the  Sarbanes-Oxley  Act of 2002,  that to the best of my
knowledge and belief:

         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: April 19, 2004

/s/ B. Stephen Bailey
B. Stephen Bailey
President
(Principal Executive & Accounting Officer)


A signed  original of this written  statement  required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the  electronic  version of this written  statement
has been  provided  to the  Company  and will be  retained  by the  Company  and
furnished to the Securities and Exchange Commission or its staff upon request.
### §460ooo. Definitions

For the purposes of this subchapter, the following definitions apply:

#### (1) Conservation Area

The term "Conservation Area" means the Las Cienegas National Conservation Area established by section 460ooo–3(a) of this title.

#### (2) Acquisition Planning District

The term "Acquisition Planning District" means the Sonoita Valley Acquisition Planning District established by section 460ooo–1(a) of this title.

#### (3) Management plan

The term "management plan" means the management plan for the Conservation Area.

#### (4) Public lands

The term "public lands" has the meaning given the term in section 1702(e) of title 43, except that such term shall not include interest in lands not owned by the United States.

#### (5) Secretary

The term "Secretary" means the Secretary of the Interior.

(Pub. L. 106–538, §1, Dec. 6, 2000, 114 Stat. 2563.)
# SANITIZED
### §485. Exchange of lands in national forests; cutting timber in national forests in exchange for lands therein

When the public interests will be benefited thereby, the Secretary of Agriculture is authorized in his discretion to accept on behalf of the United States title to any lands within the exterior boundaries of the national forests which, in his opinion, are chiefly valuable for national-forest purposes, and in exchange therefor may patent not to exceed an equal value of such national-forest land, in the same State, surveyed and nonmineral in character, or he may authorize the grantor to cut and remove an equal value of timber within the national forests of the same State; the values in each case to be determined by him. Before any such exchange is effected notice of the contemplated exchange reciting the lands involved shall be published once each week for four successive weeks in some newspaper of general circulation in the county or counties in which may be situated the lands to be accepted, and in some like newspaper published in any county in which may be situated any lands or timber to be given in such exchange. Timber given in such exchanges shall be cut and removed under the laws and regulations relating to the national forests, and under the direction and supervision and in accordance with the requirements of the Secretary of Agriculture. Lands conveyed to the United States under this section and section 486 of this title shall, upon acceptance of title, become parts of the national forest within whose exterior boundaries they are located.

(Mar. 20, 1922, ch. 105, §1, 42 Stat. 465; Pub. L. 86–509, §1(a), June 11, 1960, 74 Stat. 205.)

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

#### Transfer of Functions

Functions of Secretary of the Interior under this section and section 486 of this title, with respect to exchanges of non-Federal lands for national forest lands or timber, transferred to Secretary of Agriculture, see Pub. L. 86–509, June 11, 1960, 74 Stat. 205, set out as a note under section 2201 of Title 7, Agriculture.

"Secretary of Agriculture is authorized", "in his opinion", "he may authorize" and "the values in each case to be determined by him" substituted in text for "Secretary of the Interior is authorized", "in the opinion of the Secretary of Agriculture", "the Secretary of Agriculture may authorize" and "the values in each case to be determined by the Secretary of Agriculture", respectively, in view of transfer of functions under this section to Secretary of Agriculture from Secretary of the Interior by section 1(a) of Pub. L. 86–509, set out as a note under section 2201 of Title 7.
### §5012. Disposition of property

The Secretary shall dispose of any United States property held by the International North Pacific Fisheries Commission on the date of its termination in a manner that would further the purposes of this chapter.

(Pub. L. 102–567, title VIII, §813, Oct. 29, 1992, 106 Stat. 4316; Pub. L. 102–587, title VIII, §8013, Nov. 4, 1992, 106 Stat. 5106; Pub. L. 106–562, title III, §304(a), Dec. 23, 2000, 114 Stat. 2806.)

#### **Editorial Notes**

#### Codification

Title VIII of Pub. L. 102–567 and Pub. L. 102–587 enacted identical sections. Title VIII of Pub. L. 102–587 was repealed by Pub. L. 106–562.
Exhibit (99)(i)(b)

STATEMENT OF CHIEF FINANCIAL OFFICER

The undersigned chief financial officer of Great Lakes Chemical Corporation hereby certifies that this Annual Report on Form 10-K for the year ended December 31, 2002
("Periodic Report") fully complies with the requirements of section 13(a) of the Securities and Exchange Act of 1934 (15 U.S.C. 78m) and that information contained in the Periodic Report
fairly presents, in all material respects, the financial condition and results of operations of Great Lakes Chemical Corporation.

| |  | /s/ John J. Gallagher III
John J. Gallagher III,
Chief Financial Officer
Dated: March 17, 2003
| |  | ----------------------------------------------------------------------------------------------

---

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### §4105. Property

#### (a) Application of Federal and State laws

All work, including the furnishing of labor and materials, needed to complete any project approved by the Secretary shall be performed in accordance with applicable Federal and State laws under the direct supervision of the State agency, and in accordance with regulations as the Secretary may prescribe.

#### (b) Title

Title to all property, real and personal, acquired for the purposes of completing any project approved by the Secretary vests in the State.

#### (c) Disposal

If a State disposes of any real or personal property acquired under this chapter, the State shall pay into the Treasury of the United States the amount of any proceeds resulting from the property disposed to the extent of and in the same ratio that funds provided under this chapter were used in the acquisition of the property. In no case shall the amount paid into the Treasury of the United States under this section exceed the amount of funds provided by this chapter for the acquisition of the property involved.

(Pub. L. 99–659, title III, §306, Nov. 14, 1986, 100 Stat. 3735.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in subsec. (c), was in the original "this title", meaning title III of Pub. L. 99–659, Nov. 14, 1986, 100 Stat. 3731, which is classified principally to this chapter. For complete classification of title III to the Code, see Short Title note set out under section 4101 of this title and Tables.

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

#### Effective Date

Section effective Oct. 1, 1987, see section 310 of Pub. L. 99–659, set out as a note under section 4101 of this title.
CAUTION!

¡PRECAUCIÓN!

AERIAL

PHOTOGRAPHY

IN PROGRESS

¡¡¡REMAIN BACK 200 FEET!!!
#### § 100.5 Regulations.

The regulations of the Department of Homeland Security, published as chapter I of title 8 of the Code of Federal Regulations, contain information which under the provisions of section 552 of title 5 of the United States Code, is required to be published and is subdivided into subchapter A (General Provisions, parts 1 through 3, inclusive), subchapter B (Immigration Regulations, parts 100 through 299, inclusive), and subchapter C (Nationality Regulations, parts 306 through 499, inclusive). Any person desiring information with respect to a particular procedure (other than rule making) under the Immigration and Nationality Act should examine the part or section in chapter I of title 8 of the Code of Federal Regulations dealing with such procedures as well as the section of the Act implemented by such part or section.

[32 FR 9616, July 4, 1967, as amended at 74 FR 26936, June 5, 2009]
SEC INVESTMENT MANAGEMENT

ADVISORY COMMITTEE

KEY GLOBAL REGULATORY THEMES

IN FUND MANAGEMENT IN THE 2020s:

A Personal Perspective

14 January 2020 Dan Waters
Theme One: Influence of Central Banks on 

Fund Management Regulation

Central Banks: continued interest in risks and 

vulnerabilities in mutual funds.

• Major focus on management of liquidity risk in mutual 

funds:

• System-wide stress testing of mutual funds 

• Individual fund level liquidity risk management. 
Theme Two: Focus on Retail Investor 

Outcomes

Securities regulators: enhanced focus on investor 

outcomes.

• Investment product design, governance, target market, 

engagement with distribution

• Impact of costs and charges, including the form and 

structure of these charges

• Move to value assessment / value for money
Theme Three: Major impact of 

ESG/Sustainable Investments Regulation

Global regulatory focus on ESG / Sustainable 

investment

• Risk of divergent regulatory standards for funds and fund 

managers globally. 

• Risk of disconnect between fund management disclosure 

requirements and underlying consensus on sustainable 

economic activities
Thank You
#### § 810.100 Purpose.

The purpose of the regulations in this subpart is to implement 23 U.S.C. 137, 142(a)(1), 142(b), and 149, which authorize various highway public mass transportation improvements and special use highway facilities as Federal-aid highway projects.
Appendix C1 

Millennium Typical ROW Cross Sections
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### sr

Ar ~ s UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460



# ~
# C_2007042EN.01003101.xml

| 24.2.2007 | EN | Official Journal of the European Union | C 42/31 |
| --- | --- | --- | --- |

24.2.2007

EN

Official Journal of the European Union

C 42/31

---

Action brought on 19 December 2006 — Karstadt Quelle v OHIM — dm drogerie markt (S-HE)

(Case T-391/06)

(2007/C 42/53)

Language in which the application was lodged: German

Parties

Applicant: Karstadt Quelle Aktiengesellschaft (Essen, Germany) (represented by: V. von Bomhard, A. Renck and T. Dolde, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM: dm drogerie markt GmbH

Other party to the proceedings before the Board of Appeal of OHIM:

Form of order sought

| — | annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) No R 301/2006-1 of 26 September 2006; |
| --- | --- |

—

annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) No R 301/2006-1 of 26 September 2006;

| — | order the defendant to pay the costs of the proceedings. |
| --- | --- |

—

order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: dm drogerie markt GmbH.

Applicant for a Community trade mark:

Community trade mark concerned: The word mark ‘S-HE’ for goods and services in Classes 3, 9, 14, 16, 18, 24, 25, 28, 32, 38, 41 and 42 (Application No 2 766 723).

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: The applicant.

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited in opposition: German word mark ‘SHE’ for goods in Classes 3 and 25, German figurative mark ‘She’ for goods in Classes 3, 9, 16, 18 and 25, and international figurative mark ‘She’ for goods in Classes 3, 9, 16, 18 and 25.

Mark or sign cited in opposition:

Decision of the Opposition Division: Partial granting of the appeal, partial rejection of the application.

Decision of the Opposition Division:

Decision of the Board of Appeal: Dismissal of the appeal.

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 (1), on the ground that there is a likelihood of confusion between the marks in opposition.

Pleas in law:

1

---

(1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).

1

---
### §459h. Gulf Islands National Seashore

#### (a) Establishment

In order to preserve for public use and enjoyment certain areas possessing outstanding natural, historic, and recreational values, the Secretary of the Interior (hereinafter referred to as the "Secretary") may establish and administer the Gulf Islands National Seashore (hereinafter referred to as the "seashore").

#### (b) Composition

#### (1) In general

The seashore shall comprise the areas described in paragraphs (2) and (3).

#### (2) Areas included in boundary plan numbered NS–GI–7100J

The areas described in this paragraph are the following gulf coast islands and mainland areas, together with adjacent water areas as generally depicted on the drawing entitled "Proposed Boundary Plan, Proposed Gulf Islands National Seashore," numbered NS–GI–7100J, and dated December 1970:

(A) Ship, Petit Bois, and Horn Islands in Mississippi;

(B) the eastern portion of Perdido Key in Florida;

(C) Santa Rosa Island in Florida;

(D) the Naval Live Oaks Reservation in Florida;

(E) Fort Pickens and the Fort Pickens State Park in Florida; and

(F) a tract of land in the Pensacola Naval Air Station in Florida that includes the Coast Guard Station and Lighthouse, Fort San Carlos, Fort Barrancas, and Fort Redoubt and sufficient surrounding land for proper administration and protection of the historic resources.

#### (3) Cat Island

Upon its acquisition by the Secretary, the area described in this paragraph is the parcel consisting of approximately 2,000 acres of land on Cat Island, Mississippi, as generally depicted on the map entitled "Boundary Map, Gulf Islands National Seashore, Cat Island, Mississippi", numbered 635/80085, and dated November 9, 1999 (referred to in sections 459h to 459h–10 of this title 1 as the "Cat Island Map").

#### (4) Availability of Map

The Cat Island Map shall be on file and available for public inspection in the appropriate offices of the National Park Service.

(Pub. L. 91–660, §1, Jan. 8, 1971, 84 Stat. 1967; Pub. L. 106–554, §1(a)(4) [div. B, title I, §137(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–231.)

#### **Editorial Notes**

#### References in Text

Sections 459h to 459h–10 of this title, referred to in subsec. (b)(3), was in the original "this title", and was translated as reading "this Act", meaning Pub. L. 91–660, which enacted sections 459h to 459h–10 of this title, to reflect the probable intent of Congress, because Pub. L. 91–660 does not contain titles.

#### Amendments

2000—Pub. L. 106–554 inserted section catchline and subsec. (a) designation and heading, substituted "In order" for "That, in order", inserted subsec. (b) designation and heading, added par. (1), inserted par. (2) designation and heading and substituted "The areas described in this paragraph are" for "The seashore shall comprise", redesignated former pars. (1) to (6) as subpars. (A) to (F), respectively, of par. (2), realigned margins, and added pars. (3) and (4).

1 See References in Text note below.