alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
*

After examining the briefs and the record, we have concluded that oral argument is

unnecessary.  Thus, the appeal is submitted on the briefs and the record.  See FED. R. APP. P.

34(a)(2).

United States Court of Appeals

For the Seventh Circuit

Chicago, Illinois 60604

Submitted December 10, 2009*

Decided December 23, 2009

Before

WILLIAM J. BAUER, Circuit Judge

TERENCE T. EVANS, Circuit Judge

ANN CLAIRE WILLIAMS, Circuit Judge

   

No. 09‐1967

UNITED STATES OF AMERICA,

Plaintiff‐Appellee,

v.

RAY ANTHONY PUGH,

Defendant‐Appellant.

Appeal from the United States District

Court for the Southern District of Illinois.

No. 01‐40021‐GPM

G. Patrick Murphy,

Judge.

O R D E R

Ray Anthony Pugh appeals from an order reducing his prison sentence under 18

U.S.C. § 3582(c)(2).  Pugh wanted a bigger reduction, but the district court concluded that it

was not authorized to go any lower.  We affirm the court’s decision.

NONPRECEDENTIAL DISPOSITION

To be cited only in accordance with

 Fed. R. App. P. 32.1
No. 09‐1967 Page 2

Pugh pleaded guilty in 2001 to possessing with intent to distribute crack cocaine.  See

21 U.S.C. § 841(a)(1).  With a total offense level of 36 and criminal history category of III, his

guidelines imprisonment range was 235 to 292 months.  The district court imposed a term of

235 months, and we affirmed the judgment on direct appeal, United States v. Pugh, 39 F.

App’x 392 (7th Cir. 2002).

In 2008, Pugh moved under § 3582(c)(2) for a sentence reduction based on a

retroactive amendment to U.S.S.G. § 2D1.1.  That amendment, if applied to Pugh, would

lower his base offense level by two levels and reduce his imprisonment range to 188 to 235

months.  Pugh, who filed his motion pro se, asked the district court to reduce his sentence

even below 188 months in light of other factors in 18 U.S.C. § 3553(a).  The court appointed

the public defender’s office to represent Pugh, and his new lawyer filed a separate motion

under § 3582(c)(2) asking for a reduction to 188 months.  Counsel filed an additional

motion, however, asking the court to independently consider Pugh’s pro se motion.

The district court granted counsel’s motion and reduced Pugh’s term of

imprisonment to 188 months.  But the court denied Pugh’s pro se motion and explained

that, in Pugh’s case, a sentence below the amended guidelines range was not authorized by

§ 3582(c)(2).

The sentencing guideline that implements § 3582(c)(2) does not permit a reduction

below the amended imprisonment range unless the original term of imprisonment was itself

below‐range, and Pugh’s was not.  See U.S.S.G. § 1B1.10(b)(2).  Pugh argues, though, that

United States v. Booker, 543 U.S. 220 (2005), which rendered the sentencing guidelines

advisory, should also be read to eliminate any restriction on the application of § 3582(c)(2).

As he acknowledges, however, we held in United States v. Cunningham, 554 F.3d 703, 707‐08

(7th Cir. 2009), that Booker does not make § 3582(c)(2) or § 1B1.10(b)(2) advisory.  Pugh’s

brief adds nothing new since our Cunningham decision.  

AFFIRMED.
§ 303.227 Traditionally underserved groups. The State must ensure that policies and practices have been adopted to ensure— ( a ) That traditionally underserved groups, including minority, low-income, homeless, and rural families and children with disabilities who are wards of the State, are meaningfully involved in the planning and implementation of all the requirements of this part; and
( b ) That these families have access to culturally competent services within their local geographical areas.
(Approved by Office of Management and Budget under control number 1820-0550) (Authority: 20 U.S.C. 1231d, 1437(b)(7))
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                           21419
<SECURITIES>                                         0
<RECEIVABLES>                                    13439
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 87391
<PP&E>                                           42520
<DEPRECIATION>                                   11451
<TOTAL-ASSETS>                                 3350211
<CURRENT-LIABILITIES>                           170687
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                          1621
<OTHER-SE>                                     3177903
<TOTAL-LIABILITY-AND-EQUITY>                   3350211
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                   974309
<OTHER-EXPENSES>                                207151
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                7192
<INCOME-PRETAX>                              (1167790)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (1167790)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (1167790)
<EPS-PRIMARY>                                    (.10)
<EPS-DILUTED>                                        0
        

</TABLE>
§ 668.59 Consequences of a change in an applicant's FAFSA information. ( a ) For the subsidized student financial assistance programs, if an applicant's FAFSA information changes as a result of verification, the applicant or the institution must submit to the Secretary any changes to— ( 1 ) A nondollar item; or
( 2 ) A single dollar item of $25 or more.
( b ) For the Federal Pell Grant Program, if an applicant's FAFSA information changes as a result of verification, an institution must— ( 1 ) Recalculate the applicant's Federal Pell Grant on the basis of the EFC on the corrected valid SAR or valid ISIR; and
( 2 ) ( i ) Disburse any additional funds under that award only if the institution receives a corrected valid SAR or valid ISIR for the applicant and only to the extent that additional funds are payable based on the recalculation;
( ii ) Comply with the procedures specified in § 668.61 for an interim disbursement if, as a result of verification, the Federal Pell Grant award is reduced; or—
( iii ) Comply with the procedures specified in 34 CFR 690.79 for an overpayment that is not an interim disbursement if, as a result of verification, the Federal Pell Grant award is reduced.
( c ) For the subsidized student financial assistance programs, excluding the Federal Pell Grant Program, if an applicant's FAFSA information changes as a result of verification, the institution must— ( 1 ) Adjust the applicant's financial aid package on the basis of the EFC on the corrected valid SAR or valid ISIR; and
( 2 ) ( i ) Comply with the procedures specified in § 668.61 for an interim disbursement if, as a result of verification, the financial aid package must be reduced;
( ii ) Comply with the procedures specified in 34 CFR 673.5(f) for a Federal Perkins loan or an FSEOG overpayment that is not the result of an interim disbursement if, as a result of verification, the financial aid package must be reduced; and
( iii ) Comply with the procedures specified in 34 CFR 685.303(e) for Direct Subsidized Loan excess loan proceeds that are not the result of an interim disbursement if, as a result of verification, the financial aid package must be reduced.
Approved by the Office of Management and Budget under control number 1845-0041) (Authority: 20 U.S.C. 1094)
[Federal Register Volume 76, Number 63 (Friday, April 1, 2011)]
[Notices]
[Page 18190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7699]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary


Meeting of the Historical Advisory Committee

AGENCY: Department of Defense.

ACTION: Notice of open meeting.

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

SUMMARY: In accordance with the provisions of the Federal Advisory 
Committee Act, this notice announces a meeting of the Department of 
Defense Historical Advisory Committee. The Committee will discuss the 
report of the Department of the Army Subcommittee. The meeting will be 
open to the public.

DATES: Tuesday, April 26, 2011, at 10 a.m.

ADDRESSES: The meeting will be held on the 14th Floor, Suite 14038--
Conference Room, 1777 North Kent Street, Arlington, VA 22209.

FOR FURTHER INFORMATION CONTACT: Ms. Carolyn Thorne at 703-588-7890 for 
information or upon arrival at the building in order to be admitted.

    Dated: March 23, 2011.
Morgan F. Park,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2011-7699 Filed 3-31-11; 8:45 am]
BILLING CODE 5001-06-P
### §1319. Correction of errors in certificates

The Administrator may, by a certificate of correction under seal, correct any error in a registration incurred through the fault of the Office, or, upon payment of the required fee, any error of a clerical or typographical nature occurring in good faith but not through the fault of the Office. Such registration, together with the certificate, shall thereafter have the same effect as if it had been originally issued in such corrected form.

(Added Pub. L. 105–304, title V, §502, Oct. 28, 1998, 112 Stat. 2913.)
Exhibit (10)(n)

                                  AMENDMENT TO
                              CAVALIER HOMES, INC.
                1993 AMENDED AND RESTATED NON-EMPLOYEE DIRECTORS
                                STOCK OPTION PLAN

                  As directed by the Board of Directors of Cavalier Homes,  Inc.
(the  "Company")  at its meeting held on January 23, 1998,  the  Company's  1993
Amended and Restated  Non-Employee  Directors Stock Option Plan, as amended from
time to time, is hereby  further  amended to change the date of the Annual Grant
(as defined  therein) from January 15 of each year to January 2 of each year. To
effect such  amendment,  the second sentence of Section 6.1(b) thereof is hereby
amended to read as follows:

                 On January 2, 1998 and on each January 2  thereafter,
        each  director  who is not an  employee of the Company on such
        date and who has served as a director  of the  Company  during
        the calendar  year  immediately  preceding  such date shall be
        granted,  effective  as of such  date,  an Option to  purchase
        5,000 shares of Stock.



                                                        /s/ BARRY B. DONNELL
                                                    ----------------------------
                                                            Barry B. Donnell
---

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

I, David Lam, Chief Executive Officer of Balsam Ventures,
  Inc. (the Company), hereby certify pursuant to 18 U.S.C. Section
  1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
  that, to the best of my knowledge:

| | (i)  | the Quarterly Report on Form 10-QSB of the Company,
        for the fiscal quarter ended September 30, 2003, and to which this certification
        is attached as Exhibit 32.1 (the Report) fully complies with
        the requirements of Section 13(a) or 15(d) of the Securities Exchange
        Act of 1934, as amended; and
| | ---- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| |      |                                                                                                                                                                                                                                                                                                                                       
| | (ii) | the information contained in the Report fairly presents,
        in all material respects, the financial condition and results of operations
        of the Company.                                                                                                                                                                  

| | By:    | /s/ David Lam          
| | ------ | -----------------------
| |        |                        
| | Name:  | DAVID LAM              
| |        |                        
| | Title: | CHIEF EXECUTIVE OFFICER
| |        |                        
| | Date:  | November 13, 2003      

---
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

DAY HIGH

 681

 628

 576

 421

 433

 488

 437

 485

 517

 556

 496

 525

 491

 513

 496

 504

 400

 296

 276

 330

 338

 368

 390

 474

 431

 405

 430

 452

 410

 486

 417

 519

 424

 329

 269

 268

 269

 273

 276

 271

 265

 261

 260

 257

 257

 257

 247

 233

 243

 240

 236

 229

 229

 238

 248

 264

 273

 285

 303

 336

 321

 330

 583

 557

 421

 321

 321

 333

 316

 323

 330

 339

 321

 328

 321

 329

 323

 311

 287

 261

 253

 260

 261

 275

 292

 319

 311

 323

 334

 350

 359

 373

 373

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

JULY 2009 WATER QUALITY REPORT RUN DATE: August 4, 2009

ELECTRICAL CONDUCTIVITY, UMHOS 

TDS

 376

 360

 276

 214

 214

 222

 211

 216

 220

 226

 214

 219

 214

 219

 216

 208

 193

 177

 172

 177

 177

 186

 196

 213

 208

 216

 222

 232

 238

 247

 247

TOTAL 10,408

Comments:

0 reading indicates that the station was out of service.

DELTA MENDOTA CANAL AT CHECK 21
# L_2008323EN.01S00301.xml

| 3.12.2008 | EN | Official Journal of the European Union | L 323/s3 |
| --- | --- | --- | --- |

3.12.2008

EN

Official Journal of the European Union

L 323/s3

---

NOTE TO THE READER

The institutions have decided no longer to quote in their texts the last amendment to cited acts.

Unless otherwise indicated, references to acts in the texts published here are to the version of those acts currently in force.

---
§ 303.445 Hearing decisions. ( a ) *Decision of hearing officer.* ( 1 ) Subject to paragraph (a)(2) of this section, a hearing officer's determination of whether an infant or toddler was appropriately identified, evaluated, or placed, or whether the infant or toddler with a disability and his or her family were appropriately provided early intervention services under part C of the Act, must be based on substantive grounds.
( 2 ) In matters alleging a procedural violation, a hearing officer may find that a child was not appropriately identified, evaluated, placed, or provided early intervention services under part C of the Act only if the procedural inadequacies— ( i ) Impeded the child's right to identification, evaluation, and placement or provision of early intervention services for the child and that child's family under part C of the Act;
( ii ) Significantly impeded the parent's opportunity to participate in the decision-making process regarding identification, evaluation, placement or provision of early intervention services for the child and that child's family under part C of the Act; or
( iii ) Caused a deprivation of educational or developmental benefit.
( 3 ) Nothing in paragraph (a) of this section precludes a hearing officer from ordering the lead agency or EIS provider to comply with procedural requirements under §§ 303.400 through 303.449.
( b ) *Construction clause.* Nothing in §§ 303.440 through 303.445 affects the right of a parent to file an appeal of the due process hearing decision with the lead agency under § 303.446(b), if the lead agency level appeal is available.
( c ) *Separate due process complaint.* Nothing in §§ 303.440 through 303.449 precludes a parent from filing a separate due process complaint on an issue separate from a due process complaint already filed.
( d ) *Findings and decisions to general public.* The lead agency, after deleting any personally identifiable information, must make the findings and decisions available to the public.
(Authority: 20 U.S.C. 1415(f)(3)(E)-(F), 1415(h)(4), 1415(o), 1439)
Exhibit 32



CERTIFICATION

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

(Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code)



Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code), each of the undersigned
officers of Excelsior Venture Partners III, LLC (the Company), does hereby certify, to such officers knowledge, that:



The Quarterly Report on Form 10-Q/A for the quarter ended July 31, 2004 (the Form 10-Q) of the Company fully complies with the requirements of Section 13 (a)
or 15(d) of the Securities Exchange Act of 1934, and the information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.



|      |  |                  |  |  |  |                          |  |                        
|----- |  | ---------------- |  |  |  | ------------------------ |  | -----------------------
|      |  |                  | 
|Date: |  | February 4, 2005 |  |  |  | /s/ Douglas A. Lindgren 
|      |  |                  |  |  |  | Name:                    |  | Douglas A. Lindgren    
|      |  |                  |  |  |  | Title:                   |  | Chief Executive Officer
|      |  |                  | 
|Date: |  | February 4, 2005 |  |  |  | /s/ Robert F. Aufenanger
|      |  |                  |  |  |  | Name:                    |  | Robert F. Aufenanger   
|      |  |                  |  |  |  | Title:                   |  | Treasurer              



A signed original of this written
statement required by Section 906 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.
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.                  

###### Securities and Exchange Commission

          - [File No. 500-1]

                    It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Euro Solar Parks, Inc. (“Euro Solar”) because of                           ( print page 17727)                        possible manipulative conduct occurring in the market for the company's stock. Euro Solar is quoted on the OTC Bulletin Board and OTC Link under the ticker symbol ESLP.                

The Commission is of the opinion that the public interest and the protection of investors require a suspension of trading in the securities of the above-listed company.

Therefore, it is ordered, pursuant to Section 12(k) of the Securities Exchange Act of 1934, that trading in the securities of the above-listed company is suspended for the period from 9:30 a.m. EDT on March 28, 2011, through 11:59 p.m. EDT on April 8, 2011.

By the Commission.

Elizabeth M. Murphy,

Secretary.

[FR Doc. 2011-7572 Filed 3-28-11; 4:15 pm]

BILLING CODE 8011-01-P
### §1692. Foreign mail as United States mail

Every foreign mail, while being transported across the territory of the United States under authority of law, is mail of the United States, and any depredation thereon, or offense in respect thereto, shall be punishable as though it were United States mail.

(June 25, 1948, ch. 645, 62 Stat. 776.)

#### Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §359 (Mar. 4, 1909, ch. 321, §229, 35 Stat. 1134).

Minor changes were made in phraseology and obvious surplusage omitted.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

DAY HIGH

 401

 391

 351

 332

 328

 331

 410

 428

 323

 319

 310

 308

 302

 291

 296

 290

 290

 294

 332

 395

 439

 457

 381

 322

 292

 294

 307

 311

 314

 326

 333

 342

 332

 320

 307

 312

 308

 307

 327

 294

 292

 286

 288

 283

 269

 268

 262

 261

 249

 256

 253

 254

 256

 256

 260

 271

 268

 284

 280

 280

 302

 308

 376

 356

 336

 316

 320

 318

 339

 355

 310

 300

 295

 294

 288

 277

 277

 273

 271

 263

 275

 283

 288

 298

 289

 281

 281

 282

 293

 294

 301

 313

 318

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

JULY 2020 WATER QUALITY REPORT RUN DATE: August 4, 2020

ELECTRICAL CONDUCTIVITY, UMHOS 

TDS

 248

 236

 224

 211

 214

 213

 226

 235

 208

 201

 198

 198

 194

 187

 187

 185

 183

 179

 186

 191

 194

 200

 195

 190

 190

 190

 197

 198

 202

 209

 213

TOTAL 9,360

Comments:

0 reading indicates that the station was out of service.

DELTA MENDOTA CANAL AT CHECK 20
* Pursuan t to 5 T H C IR

. R. 47.5, the Court has determined that this opinion should not be

published and is not precedent except under the limit ed circumstances set forth in 5 TH C IR

. R. 47.5.4. UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 97-20882 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus

JOSE HERNANDEZ, Defendant-Appellant.

Appeal from the United States District Court

for the Southern District of Texas
(H-93-CR-238-7)

February 9, 1999

Before POLITZ, BARKSDALE and STEWART, Circuit Judges.

PER CURIAM: *

Nancy G. Revelette, court-appointed counsel for Jose Hernandez, has filed

a brief in accordance with Anders v. California

, 386 U.S. 738 (1967), and moves

to be released from her cour t appointment. Considering the motion to be well

founded, same is granted and counsel is relieved of any further responsibilities

herein.

Hernandez has been granted ample time to respond to counsel’s motion or2

to expand on the appellate brief and has opted not to do so. Accordingly, having

considered the briefs and pertinent parts of the record, and finding no non-frivolous

issue, the appeal is DISMISSED.