alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
AUGUST 1990 CALENDAR

The Honorable C.B. McNeil, Chairman, The Honorable Leif B. Erickson, and The Honorable Ed McLean, Judges.

FROM: THE DISTRICT COURT OF THE ELEVENTH JUDICIAL DISTRICT, COUNTY OF FLATHEAD,

#### STATE OF MONTANA, Plaintiff, vs. ROBERT F. SCHOONOVER, Defendant.

No. DC-89-029 DECISION

On May 2, 1989, the Defendant was sentenced to ten (10) years on Count I, Theft; ten (10) years on Count II, Issuing a Bad Check; and ten (10) years on Count III, Issuing a Bad Check. All three sentences shall be served consecutively for a total of thirty (30) years with twelve (12) years suspended. Conditions and requirements are that the petitioner pay restitution, child support, and the expenses of polygraph examinations and psychiatric evaluation. He shall also be given credit for 87 days incarceration in the Flathead County Jail.

On August 3, 1990, the Defendant’s application for review of that sentence was heard by the Sentence Review Division of the Montana Supreme Court.

The Defendant was present and was represented by Terrance Healow of the Montana Defender Project. The state was not represented.

Before hearing the application, the Defendant was advised that the Sentence Review Division has the authority not only to reduce the sentence or affirm it, but also to increase it if such is possible. The defendant was further advised that there is no appeal from a decision of the Sentence Review Division. The defendant acknowledged that he understood this and stated that he wished to proceed.

After careful consideration, it is the unanimous decision of the Sentence Review Division that the sentence shall be amended to ten (10) years with fqur (4) years suspended on Count I, Theft; ten (10) years with four (4) years suspended on Count II, Issuing a Bad Check; and ten (10) years with four (4) years suspended on Count III, Issuing a Bad Check. All three sentences shall be served consecutively. The remaining conditions and requirements as imposed by Judge Keedy will remain in effect and the petitioner shall be given credit for the 87 days incarceration in the Flathead County Jail. The reason for the *30decision is based upon the presumption of validity of the District Court Judgment; and to clarify the wording of the Judgment imposed by Judge Keedy.

DATED this 3rd day of August, 1990.
#### In re Alani Olusegun ARAWOLE, Petitioner.

No. 02-6441.

United States Court of Appeals, Fourth Circuit.

Submitted April 25, 2002.

Decided May 8, 2002.

*114Alani Olusegun Arawole, Petitioner Pro Se.

Before WILLIAMS and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Petition denied by unpublished PER CURIAM opinion.

PER CURIAM.

Alani Olusegun Arawole filed this mandamus petition seeking to compel the district court to act on his 28 U.S.C.A. § 2255 (West Supp.2001) motion. Mandamus is a drastic remedy only to be used in extraordinary circumstances. *In re Beard,*811 F.2d 818, 826 (4th Cir.1987). Mandamus relief is available only when the petitioner has a clear right to the relief sought and there are no other means for obtaining the requested relief. *Allied Chem. Corp. v. Daiflon, Inc.,*449 U.S. 83, 35, 101 S.Ct. 188, 66 L.Ed.2d 193 (1980); *Beard,*811 F.2d at 826. Arawole has failed to make the requisite showing for such extraordinary relief. Our review of the district court docket sheet discloses that there has been no undue delay in considering Arawole’s § 2255 motion by the district court. Accordingly, we deny his mandamus petition without prejudice to Arawole’s right to file another mandamus petition if the district court does not act expeditiously. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

*PETITION DENIED.*
### §460u–8. State jurisdiction

Nothing in this subchapter shall deprive the State of Indiana or any political subdivision thereof of its civil and criminal jurisdiction over persons found, acts performed, and offenses committed within the boundaries of the Indiana Dunes National Park or of its right to tax persons, corporations, franchises, or other non-Federal property on lands included therein.

(Pub. L. 89–761, §8, formerly §9, Nov. 5, 1966, 80 Stat. 1312; renumbered §8, Pub. L. 94–549, §1(9), Oct. 18, 1976, 90 Stat. 2533; amended Pub. L. 116–6, div. E, title I, §115(a)(1)(A), Feb. 15, 2019, 133 Stat. 232.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 8 of Pub. L. 89–761 was renumbered section 7 and is classified to section 460u–7 of this title.

#### Amendments

2019—Pub. L. 116–6 substituted "National Park" for "National Lakeshore".
#### The People of the State of New York, Respondent, v Roderick Spencer, Appellant.

[823 NYS2d 689]

Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated January 30, 1989 *(People v Spencer,*146 AD2d 817 [1989]), affirming a judgment of the Supreme Court, Kings County, rendered November 4, 1985.

Ordered that the application is denied.

The appellant has failed to establish that he was denied the effective assistance of appellate counsel *(see Jones v Barnes,*463 US 745 [1983]; *People v Stultz,*2 NY3d 277 [2004]). Prudenti, P.J., Florio, Miller and Schmidt, JJ., concur.
### §546a–3. Minerals

Subject to valid existing rights, the lands within the scenic area are hereby withdrawn from disposition under all laws pertaining to mineral leasing, including all laws pertaining to geothermal leasing. Also subject to valid existing rights, the Secretary shall not allow any mineral development on federally owned land within the scenic area, except that common varieties of mineral materials, such as stone and gravel, may be utilized only as authorized by the Secretary to the extent necessary for construction and maintenance of roads and facilities within the scenic area.

(Pub. L. 106–431, §6, Nov. 6, 2000, 114 Stat. 1907.)
NO. 12-11-00233-CR

 

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

PATRICK DWAYNE PINKARD, § APPEAL FROM THE 114TH

APPELLANT

V. § JUDICIAL DISTRICT COURT

THE STATE OF TEXAS,

APPELLEE § SMITH COUNTY, TEXAS

 

MEMORANDUM OPINION

PER CURIAM

Appellant pleaded guilty to credit card or debit card abuse, and the trial court assessed 

punishment at imprisonment for five years. We have received the trial court’s certification 

showing that Appellant waived his right to appeal. See TEX. R. APP. P. 25.2(d). The 

certification is signed by Appellant and his counsel. Accordingly, the appeal is dismissed for 

want of jurisdiction.

Opinion delivered August 10, 2011.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(DO NOT PUBLISH)
### §543d. Ecological studies; reports to Congressional committees and to Chief of Forest Service; progress reports

The Secretary shall take such steps as may be necessary to, within one hundred and eighty days of September 28, 1984, enter into a contract with the National Academy of Sciences for the purpose of conducting a scientific study of the ecology of the Scenic Area. The study shall provide for consultation with knowledgeable local, State, Federal, and private persons and organizations and shall provide findings and recommendations to the Congress. Such study shall be conducted in accordance with the best scientific methodology (as set forth by the National Academy of Sciences) and shall be transmitted by the National Academy of Sciences to the Committee on Energy and Natural Resources of the United States Senate, to the Committee on Interior and Insular Affairs of the United States House of Representatives, and to the Chief of the Forest Service not later than January 1, 1987. Progress reports regarding the study shall be transmitted to the above committees on January 1, 1985, and January 1 of each year thereafter.

(Pub. L. 98–425, title III, §305, Sept. 28, 1984, 98 Stat. 1636.)

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

#### Change of Name

Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress.
FROM: THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT, COUNTY OF MISSOULA,

#### STATE OF MONTANA, Plaintiff, vs. SCOTT RAY GLASSCO, Defendant.

NO. 7410 DECISION

DATED this 6th day of December, 1990.

On August, 27,1990, the Defendant was sentenced to five (5) years for the Revocation of Criminal Mischief, and was given credit for 48 days time served.

On December 6, 1990, the Defendant’s application for review of that sentence was heard by the Sentence Review Division of the Montana Supreme Court.

The Defendant was present and was represented by Dirk Beccari, Attorney at Law from Missoula, Montana. The state was not represented.

Before hearing the application, the Defendant was advised that the Sentence Review Division has the authority not only to reduce the sentence or affirm it, but also to increase it if such is possible. The defendant was further advised that there is no appeal from a decision of the Sentence Review Division. The defendant acknowledged that he understood this and stated that he wished to proceed.

After careful consideration, it is the unanimous decision of the Sentence Review Division that the sentence shall remain the same.

The reason for the decision is pursuant to Rule 17 of the Sentence Review Division.
§ 58.26 Procedures all providers shall follow when applying to become approved providers. ( a ) A provider applying to become an approved provider shall obtain an application, including appendices, from the United States Trustee.
( b ) The provider shall complete the application, including its appendices, and attach the required supporting documents requested in the application.
( c ) The provider shall submit the original of the completed application, including completed appendices and the required supporting documents, to the United States Trustee at the address specified on the application form.
( d ) The application shall be signed by a representative of the provider who is authorized under applicable law to sign on behalf of the applying provider.
( e ) The signed application, completed appendices, and required supporting documents shall be accompanied by a writing, signed by the signatory of the application and executed on behalf of the signatory and the provider, certifying the application does not: ( 1 ) Falsify, conceal, or cover up by any trick, scheme or device a material fact;
( 2 ) Make any materially false, fictitious, or fraudulent statement or representation; or
( 3 ) Make or use any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry.
( f ) The United States Trustee shall not consider an application, and it may be returned if: ( 1 ) It is incomplete;
( 2 ) It fails to include the completed appendices or all of the required supporting documents; or
( 3 ) It is not accompanied by the certification identified in the preceding subsection.
( g ) The United States Trustee shall not consider an application on behalf of a provider, and it shall be returned if: ( 1 ) It is submitted by any entity other than the provider; or
( 2 ) Either the application or the accompanying certification is executed by any entity other than a representative of the provider who is authorized under applicable law to sign on behalf of the provider.
( h ) By the act of submitting an application, a provider consents to the release and disclosure of its name, contact information, and non-confidential business information relating to the services it provides on the approved list should its application be approved.
[78 FR 16170, Mar. 14, 2013]
### §478. Egress or ingress of actual settlers; prospecting

Nothing in sections 473 to 478, 479 to 482 and 551 of this title shall be construed as prohibiting the egress or ingress of actual settlers residing within the boundaries of national forests, or from crossing the same to and from their property or homes; and such wagon roads and other improvements may be constructed thereon as may be necessary to reach their homes and to utilize their property under such rules and regulations as may be prescribed by the Secretary of Agriculture. Nor shall anything in such sections prohibit any person from entering upon such national forests for all proper and lawful purposes, including that of prospecting, locating, and developing the mineral resources thereof. Such persons must comply with the rules and regulations covering such national forests.

(June 4, 1897, ch. 2, §1, 30 Stat. 36; Feb. 1, 1905, ch. 288, §1, 33 Stat. 628.)

#### **Editorial Notes**

#### Codification

"National forests" substituted in text for "reservations" and "forest reservations" on authority of act Mar. 4, 1907, ch. 2907, 34 Stat. 1269, which provided that forest reserves shall hereafter be known as national forests.

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

#### Transfer of Functions

Act Feb. 1, 1905, transferred certain functions with regard to administration of public forests from Secretary of the Interior to Secretary of Agriculture.

#### **Executive Documents**

#### Transfer of Functions

Enforcement functions of Secretary or other official in Department of Agriculture, insofar as they involve lands and programs under jurisdiction of that Department, related to compliance with provisions of sections 473, 474 to 482, and 551 of this title with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§102(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section 720d(f) of Title 15.
FROM: THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT, COUNTY OF SILVER BOW,

#### STATE OF MONTANA, Plaintiff, vs. GARY L. BUTTON, Defendant.

No. 83-CR-98 DECISION

DATED this 3rd day of August, 1990.

On September 25, 1989 the Defendant was sentenced to five (5) years for the revocation of Theft.

On August 3, 1990, the Defendant’s application for review of that sentence was heard by the Sentence Review Division of the Montana Supreme Court.

The Defendant was present and was represented by Cath Steger, of the Montana Defender Project. The state was not represented.

Before hearing the application, the Defendant was advised that the Sentence Review Division has the authority not only to reduce the sentence or affirm it, but also to increase it if such is possible. The defendant was further advised that there is no appeal from a decision of the Sentence Review Division. The defendant acknowledged that he understood this and stated that he wished to proceed.

After careful consideration, it is the unanimous decision of the Sentence Review Division that the sentence shall be affirmed.

The reason for the decision is based upon the presumption of the validity of the District Court Sentence.
### §410tt–2. Acquisition of land

#### (a) General authority

The Secretary of the Interior (hereafter in this subchapter referred to as the "Secretary") may acquire land and interests in land within the boundaries of the park by donation, purchase with donated or appropriated funds, or exchange. Nothing in this section shall be construed to prohibit the Government of the United States Virgin Islands from acquiring land or interest in land within the boundaries of the park.

#### (b) Limitations on authority

Lands, and interests in lands, within the boundaries of the park which are owned by the United States Virgin Islands, or any political subdivision thereof, may be acquired only by donation or exchange. No lands, or interests therein, containing dwellings lying within the park boundary as of July 1, 1991, may be acquired without the consent of the owner, unless the Secretary determines, after consultation with the Government of the United States Virgin Islands, that the land is being developed or proposed to be developed in a manner which is detrimental to the natural, scenic, historic, and other values for which the park was established.

(Pub. L. 102–247, title I, §104, Feb. 24, 1992, 106 Stat. 34.)
UNITED STATES OF AMERICA

Before the

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

ADMINISTRATIVE PROCEEDINGS RULINGS

Release No. 6851/May 16, 2022

ADMINISTRATIVE PROCEEDING

File No. 3-20801

In the Matter of :

:

DF GROWTH REIT II, LLC : ORDER

The Securities and Exchange Commission instituted this proceeding with an Order

Temporarily Suspending Exemption Pursuant to Section 3(b) of the Securities Act of 1933 and Rule 

258 of Regulation A Thereunder and Notice of Opportunity for Hearing on March 16, 2022. 

Respondent DF Growth REIT II, LLC, requested a hearing, and the Commission ordered that the 

matter be heard by an Administrative Law Judge on March 31, 2022. Thereafter, a procedural 

schedule was set by the ALJ assigned to the proceeding. On May 13, 2022, Respondent filed an 

unopposed motion requesting continuance of procedural dates and remote appearance of witnesses. 

On May 16, 2022, the proceeding was reassigned to the undersigned.

It will be helpful to hold a telephonic prehearing conference in the near future to discuss 

various details of the way forward, such as the estimated length of the hearing, arrangements for 

video conferencing the hearing, any need for in-person hearing sessions, and the presently estimated 

number and availability of witnesses. The parties should propose dates and times during the week 

of May 23, 2022, when they will be available for the prehearing conference.

IT IS SO ORDERED. 

/S/ Carol Fox Foelak 

Carol Fox Foelak

Administrative Law Judge
### §460nnn–53. Science committee

The Secretary shall appoint, as needed or at the request of the advisory council, a team of respected, knowledgeable, and diverse scientists to provide advice on questions relating to the management of the Cooperative Management and Protection Area to the Secretary and the advisory council. The Secretary shall seek the advice of the advisory council in making these appointments.

(Pub. L. 106–399, title I, §133, Oct. 30, 2000, 114 Stat. 1666.)
Ochoco National Forest Lookout Mountain Ranger District Map 2 of 17

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Legend

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ManagementAreas

DevelopedRecreation

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SummitTrailPartialVisualRetentionCorridor

SummitTrailVisualRetentionCorridor

U.S.Highway26VisualCorridors

VisualManagementCorridors(Retention)

Wilderness-MillCreek

WinterRange

00.5123

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33

4/3/2007

T:\r06\och\lom\project\eis_spears_2006\gis\arcmap\map2-ManagementAreas.mxd

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Informationdisplayedonthismapwasderivedfrommultiplesources.

Thismapisonlyforgraphicdisplayandgeneralplanningpurposes.

Inquiriesconcerninginformationdisplayedonourmaps,theirsources,

andintendedusesshouldbedirectedto:

OchocoNationalForest

3160NEThirdStreet

Prineville,Oregon97754

(541)416-6500

Thismaphasnowarrantiestoitscontentsoraccuracy.

R17E

T12S

R18ER19ER20E

T13ST14S
### §460jjj–3. Adjoining lands

The Secretary may evaluate lands adjoining the recreation area for possible inclusion in the recreation area and make recommendations to Congress, including (but not limited to) that area authorized for study by section 5 of Public Law 101–556 (104 Stat. 2764), known as the Baca Location Number 1. The Secretary, in consultation with local tribal leaders and the National Park Service, shall, no later than 2 years after October 12, 1993, submit recommendations with respect to future boundaries for the recreation area.

(Pub. L. 103–104, §4, Oct. 12, 1993, 107 Stat. 1028.)

#### **Editorial Notes**

#### References in Text

Public Law 101–556, referred to in text, is not classified to the Code.
### §460y–2. Program of multiple usage and sustained yield of renewable natural resources; public and private assistance in preparation; provisions

The Secretary shall use public and private assistance as he may require, for the purpose of preparing for the Area a program of multiple usage and of sustained yield of renewable natural resources. Such program shall include but need not be limited to (1) a quantitative and qualitative analysis of the resources of the Area; (2) the proposed boundaries of the Area; (3) a plan of land use, development, and management of the Area together with any proposed cooperative activities with the State of California, local governments, and others; (4) a statement of expected costs and an economic analysis of the program with particular reference to costs to the United States and expected economic effects on local communities and governments; and (5) an evaluation by the Secretary of the program in terms of the public interest.

(Pub. L. 91–476, §3, Oct. 21, 1970, 84 Stat. 1068.)
(55 South. 343.)

No. 18,769.

#### STATE v. POWER.

(May 8, 1911.)

Appeal from Oivil District Court, Parish of Orleans; E. K. Skinner, Judge.

Action by the State of Louisiana against Clinton W. Power. Judgment for defendant, and the State appeals.

Affirmed.

Edward Rightor, for appellant tax collector. Joseph A. Casey, for appellee.

PROVO STY,

J.

The present suit is exactly similar to that of State v. Cotton, No. 18.768, 55 South. 342,1 this day decided. For the reasons there assigned,

Judgment affirmed.

1

Ante p. 719.