alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §1916. Unauthorized employment and disposition of lapsed appropriations

Whoever—

(1) violates the provision of section 3103 of title 5 that an individual may be employed in the civil service in an Executive department at the seat of Government only for services actually rendered in connection with and for the purposes of the appropriation from which he is paid; or

(2) violates the provision of section 5501 of title 5 that money accruing from lapsed salaries or from unused appropriations for salaries shall be covered into the Treasury of the United States;

shall be fined under this title or imprisoned not more than one year, or both.

(Added Pub. L. 89–554, §3(d), Sept. 6, 1966, 80 Stat. 608; amended Pub. L. 104–294, title VI, §601(a)(8), Oct. 11, 1996, 110 Stat. 3498; Pub. L. 107–273, div. B, title III, §3002(a)(3), Nov. 2, 2002, 116 Stat. 1805.)

| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
| --- | --- | --- |
| | 5 U.S.C. 47 (less so much as relates to removal). | Aug. 23, 1912, ch. 350, §5 (less so much as relates to removal), 37 Stat. 414. |
| | 5 U.S.C. 50 (2d sentence, less so much as relates to removal). | |

Statutes at Large

The statement of the acts prohibited is supplied from section 4 of the Act of Aug. 5, 1882, ch. 389, 22 Stat. 255, as amended June 22, 1906, ch. 3514, §§6, 8, 34 Stat. 449, and Sept. 23, 1950, ch. 1010, §7, 64 Stat. 986, which is codified in sections 3103 and 5501 of title 5, United States Code.

The words "upon conviction thereof" are omitted as unnecessary because punishment can be imposed only after conviction.

#### **Editorial Notes**

#### Amendments

2002—Pub. L. 107–273 inserted ", or both" after "year" in concluding provisions.

1996—Pub. L. 104–294 substituted "fined under this title" for "fined not more than $1,000" in concluding provisions.
EX-10.2



 





Exhibit 10.2




Schedule of Compensation of Non-Employee Directors




     On August 16, 2007, the Board of Directors of CNX Gas Corporation amended the compensation
program for non-employee Directors. The principle structural change was to remove meeting
attendance fees. The new compensation arrangements are as follows:



     1. Non-Executive Chairman of the Board:




	 	•	 	Cash — $120,000 annual fee; and
	 
	 	•	 	Equity — $200,000 annual restricted stock unit grant.





     2. Directors other than Non-Executive Chairman of the Board:




	 	•	 	Cash — $70,000 annual fee; and
	 
	 	•	 	Equity — $100,000 annual restricted stock unit grant.





     3. Chairman of the Audit Committee:




	 	•	 	Cash — $15,000 annual fee.





     4. Members of the Audit Committee other than Chairman of the Audit Committee:




	 	•	 	Cash — $7,500 annual fee.





     5. Chairmen of Committees other than Audit Committee:




	 	•	 	Cash — $7,500 annual fee.





     The cash component of compensation described above was made effective starting with the period
August through October 2007. All cash payments will be made quarterly in arrears. The equity
grants described above will be first made in 2008 after the Annual Meeting of Stockholders to be
held in the spring of 2008.



     There will be no equity grants made to Directors solely as a result of their appointment to
the Board.



     Directors who are employees of CNX Gas Corporation or CONSOL Energy Inc. do not receive
compensation from CNX Gas Corporation for their services as Directors of CNX Gas Corporation.




1
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

FREDERIC PAUL SMITH, 

Plaintiff-Appellant, 

 v. 

UNITED STATES POSTAL SERVICE, 

Defendant-Appellee.

No. 17-35004 

D.C. No. 1:16-cv-00126-SPW 

MEMORANDUM*

Appeal from the United States District Court

for the District of Montana

Susan P. Watters, District Judge, Presiding

Submitted December 18, 2017**

Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges.

Frederic Paul Smith appeals pro se from the district court’s judgment 

dismissing on the basis of sovereign immunity his action against the United States 

Postal Service (“USPS”) alleging that a USPS employee stole a sapphire he sent 

through the U.S. mail. We have jurisdiction under 28 U.S.C. § 1291. We review 

 

* 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

DEC 28 2017

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 17-35004 

de novo. Harger v. Dep’t of Labor, 569 F.3d 898, 903 (9th Cir. 2009). We affirm.

The district court properly dismissed Smith’s action on the basis of

sovereign immunity because the waiver of sovereign immunity under 28 U.S.C. § 

1346(b) does not apply to “[a]ny claim arising out of the loss, miscarriage, or 

negligent transmission of letters or postal matter.” 28 U.S.C. § 2680(b); see also 

28 U.S.C. § 1346(b) (waiving United States sovereign immunity for certain tort 

actions); Dolan v. U.S. Postal Serv., et al., 546 U.S. 481, 487 (2006) (discussing 

meaning of “loss” under § 2680(b)). 

Contrary to Smith’s contention, the USPS did not waive its sovereign 

immunity in its letter denying Smith’s administrative claim. See Gilbert v. 

DaGrossa, 756 F.2d 1455, 1460 n.6 (9th Cir. 1985) (“A claim for damages against 

a federal agency is barred by sovereign immunity unless Congress has consented to 

suit.”). 

We do not consider documents not presented to the district court. See 

United States v. Elias, 921 F.2d 870, 874 (9th Cir. 1990) (“Documents or facts not 

presented to the district court are not part of the record on appeal.”). 

AFFIRMED.
8/27/2015 Request for Information ­ FAA­2015­0886

https://email.dot.gov/owa/9­AWA­AVS­333Exemptions@faa.gov/?ae=Item&t=IPM.Note&id=RgAAAABFvqQJAFf5SI8crGhIsEIyBwD3qfMUO7BCQ74YBi9P12... 1/1

Request for Information ­ FAA­2015­0886

9­AWA­AVS­333Exemptions (FAA)

Sent:Thursday, August 27, 2015 3:41 PM

To: Steve@droneyourhome.us

Dear Mr Stockton:

This letter is to inform you that the following information is missing from your petition (Docket No. FAA­2015­0886).

This information is necessary for the Federal Aviation Administration (FAA) to process your petition.

Describe the aircraft makes, models, and types (i.e., fixed‐wing, rotorcraft, lighter‐than‐air) for the proposed

UAS operation. The descriptions should include the maximum weight (including payload). This information

can be located in the aircraft manuals.

Please submit the additional information (non‐proprietary) to your docket at www.regulations.gov and submit any

proprietary information to the FAA Headquarters or electronically via email to 333exemptions@faa.gov. If you want

us to process your request any further, we must receive the information described above by 9/10/15. If we do not

receive the information, we will close the docket without notifying you further.

If you have any questions, please feel free to contact me at (202) 267­4264.

Sincerely,

Dan Ngo

FAA Office of Rulemaking
### :jFk^,RTMEN TO F SERVE D AUGUS T 10,20] r • ^''^^^^ UKErfATiO^ S •Oi l M! G' I Pi

^ 3 M

U S DEPARTMEN T O FTRANSPORTATIO N

OFFIC EO FHEARING S WASHINGTON
. D C
I NTH EMATTE RO F 

## ORIGINA LPRODUCTIONS , LL C F A A DOCKE T No
. CP10AL000 2 {Civi l Penall y Action ) r:)M S FAA-2010-062 1


### ORDE R O F DISMISSA L O n Jul y 2 , 2010 , th e Federa l Aviatio n Administratio n ("Complainant" ) file da Complaint
. Responden t Origina l Productions , LL C ("Respondent" ) ha do n Jun e 29 , 201 0 file daReques t

fo r Hearing
. O n Augus t

9 , 2011 , Complainan t

file daMotio n t o Withdra w it s Complaint , citin g settlemen t

o f th e matter . . __ 1 4 C.F.R
. § 13.21 5 states : "A t anytim e befor e o r

durin g ahearing , an agenc y attorne y ma y withdra w acomplain t o r part y ma y withdra w areques t fo r aheavin g withou t th e consen t

o f th e administrativ e la w judge
. I f a n agenc y attorne y withdraw s th e complain t o r apart y withdraw s th e reques t for ahearin g an dth e answer , th e administrativ e la w judg e shal l dismis s th e proceeding s unde r thi s subpar t wit hprejudice. " WHEREFORE , th e withi n file dMotio n t o Withdra w Complain t havin g bee n rea d an dconsidered , i

t i s ORDERE D a s follows :

### 1
. Comjilainant' s Motio nto Willulraw ConipfainI is hereb y granted ; and 2
. Thi s proceedin g b e an di s hereb y dismisse dwil hprejudice
. SOORDE-RED
. 

# l^JUS i c . RichardC
. Goodwi n Administrativ e La

w Judg e Attachment

- Servic e Lis tFA A Docke t No
. CP10AL000 2 (Civi l Penalt y Action ) SERVIC ELIS T ORIGINA L& ON ECOP Y Federa l Aviatio n Administratio n 80 0 Independenc e Avenue , S.W
. Washington , D C 2059 1 Atiention : Hearin g Docke t Clerk , AGC-43 0 Wilbu r Wrigh t Building—Suit e 2W1000 '

ON ECOP Y Charle s M
. Finkel , Respondent' s Counse l Magana , Cathcar t

& McCarth y 180 1 Avenu e o f

th e Stars , Suit e 60 0 •Lo s Angeles , C A 9006 7 TEL : 310-553-663 0 FAX : 310-407-229 5 Lierr e Green , Complainan t \ s Counse l Offic e o f Regiona l Counse l Western-Pacifi c Region , AWP-7. 6 Federa l Aviatio n Administratio n P.O
. Bo x 92000 7 Lo s Angeles , C A 9200 7 TEL : 310-725-711 7 FAX : 310-725-681 6 Th e Honorabl e Richar dC
. Goodwin , Administrativ e La w Judg e OfTic e o f Hearings , M-2 0 120 0 Ne w Jerse y Avenue , S.E
. Eas t Buildin g Groun dFloo r Roo mEl2-32 0 Washington , D C 2059 0 TEL : Attorney-Adviso r 202-366-213 9 Lega l Assistan t

202-366-512 1 FAX : 20 2 366-753 6

' Service wa

s b y U.S
. Mail
. Fo

r scr\'ic c i n perso n o r b y cxpcdiledcourier, use tli

e followin g address : Federa

l Aviatio n Administration , 60

0 Independence Avenue , S.W, , Wilbu r Wrigh t Building—Suit

e 2W1000 , Washington , D C 20591 ; Attention : Hearin

g Docke t Clerk, AGC-^30
.
Order entered March 26, 2014

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-13-01683-CV

STEVEN CREAR SR., Appellant

V.

US BANK NATIONAL ASSOCIATION ET AL., Appellees

On Appeal from the County Court at Law No. 1

Dallas County, Texas

Trial Court Cause No. CC-13-02460-A

ORDER

We GRANT appellant’s March 24, 2014 second motion to enlarge time to file corrected 

brief and ORDER the brief be filed no later than March 31, 2014.

/s/ ELIZABETH LANG-MIERS 

JUSTICE
§ 76.658 Funds not to benefit a private school. ( a ) A subgrantee may not use program funds to finance the existing level of instruction in a private school or to otherwise benefit the private school.
( b ) The subgrantee shall use program funds to meet the specific needs of students enrolled in private schools, rather than: ( 1 ) The needs of a private school; or
( 2 ) The general needs of the students enrolled in a private school.
(Authority: 20 U.S.C. 1221e-3 and 3474)
| Your Browser may may not support scripts. This script's purpose is strictly         to display the date. |
|----------------------------------------------------------------------------------------------------------|
### §9. Repealed. June 30, 1949, ch. 288, title VI, §602(a)(12), 63 Stat. 400, eff. July 1, 1949; renumbered Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583

Section, act Jan. 24, 1923, ch. 42, 42 Stat. 1215, related to exchange of motor vehicles and equipment as part consideration in purchase of new equipment.
### §705. Badge or medal of veterans' organizations

Whoever knowingly manufactures, reproduces, sells or purchases for resale, either separately or on or appended to, any article of merchandise manufactured or sold, any badge, medal, emblem, or other insignia or any colorable imitation thereof, of any veterans' organization incorporated by enactment of Congress, or of any organization formally recognized by any such veterans' organization as an auxiliary of such veterans' organization, or knowingly prints, lithographs, engraves or otherwise reproduces on any poster, circular, periodical, magazine, newspaper, or other publication, or circulates or distributes any such printed matter bearing a reproduction of such badge, medal, emblem, or other insignia or any colorable imitation thereof, except when authorized under rules and regulations prescribed by any such organization, shall be fined under this title or imprisoned not more than six months, or both.

(June 25, 1948, ch. 645, 62 Stat. 732; Aug. 4, 1950, ch. 578, 64 Stat. 413; Pub. L. 103–322, title XXXIII, §330016(1)(E), Sept. 13, 1994, 108 Stat. 2146.)

#### Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §76e (June 25, 1940, ch. 426, 54 Stat. 571).

Words beginning the section are from the punishment provision of last sentence which was itself rewritten without surplusage.

Changes were made in phraseology.

#### **Editorial Notes**

#### Amendments

1994—Pub. L. 103–322 substituted "fined under this title" for "fined not more than $250".

1950—Act Aug. 4, 1950, brought within the protection of this section emblems, badges, or insignia of auxiliary organizations of veteran's organizations incorporated by an act of Congress.
<PAGE>

                            AMENDMENT NUMBER ONE (1)

                                       TO

                   Employment Contract Dated September 1, 1995
                                     Between
                      Global TeleMedia International, Inc.
                                       and
                               Geoffrey F. McClain


This Amendment Number One (1) dated February 1, 1996 to that certain Employment
Agreement dated May 25, 1995 by and between Global TeleMedia International, Inc.
and Geoffrey F. McClain shall be amended as follows

     Article 2. shall be amended to include new Article 2.5 as follows:

     2.   COMPENSATION.

               2.5  Employer hereby grants to employee the right to purchase
          50,000 warrants and options in Global TeleMedia International, Inc.
          for the sum of $1.00 per warrant.  These warrants must be exercised,
          in whole or in part, no later than January 31, 1997.  In order to
          receive sair warrant options, Employee must remain in the employ of
          Global TeleMedia International, Inc. through January 31, 1997.

All other terms and conditions of the original agreement dated September 1, 1995
shall remain in full force and effect.


GLOBAL TELEMEDIA INTERNATIONAL,              GEOFFREY F. MCCLAIN
INC.



By:  /s/ Roderick A. McClain                 By:  /s/ Geoffrey F. McClain
   ---------------------------------------        -----------------------------
Its: President and Chief Executive Officer
### §2312. Transportation of stolen vehicles

Whoever transports in interstate or foreign commerce a motor vehicle, vessel, or aircraft, knowing the same to have been stolen, shall be fined under this title or imprisoned not more than 10 years, or both.

(June 25, 1948, ch. 645, 62 Stat. 806; Pub. L. 102–519, title I, §103, Oct. 25, 1992, 106 Stat. 3385; Pub. L. 109–177, title III, §307(b)(2)(A), Mar. 9, 2006, 120 Stat. 240.)

#### Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §408 (Oct. 29, 1919, ch. 89, §§1, 3, 5, 41 Stat. 324, 325; Sept. 24, 1945, ch. 383, §§2, 3, 59 Stat. 536).

The first sentence of said section 408, providing the short title "An Act to punish the transportation of stolen motor vehicles or aircraft in interstate or foreign commerce," and derived from section 1 of said act of October 29, 1919, as amended, was omitted as not appropriate in a revision.

Definitions of "aircraft," "motor vehicle," and "interstate or foreign commerce," which constituted the second sentence of said section 408 of title 18, U.S.C., 1940 ed., and were derived from section 2 of said act of October 29, 1919, as amended, are incorporated in sections 10 and 2311 of this title.

Provision relating to receiving or selling stolen aircraft or motor vehicles, which was derived from section 4 of the act of October 29, 1919, as amended, is incorporated in section 2313 of this title.

Venue provision, which was derived from section 5 of the act of October 29, 1919, was omitted as unnecessary, being covered by section 3237 of this title.

Reference to persons causing or procuring was omitted as unnecessary in view of definition of "principal" in section 2 of this title.

Minor changes were made in phraseology.

#### **Editorial Notes**

#### Amendments

2006—Pub. L. 109–177 substituted "motor vehicle, vessel, or aircraft" for "motor vehicle or aircraft".

1992—Pub. L. 102–519 substituted "fined under this title or imprisoned not more than 10 years" for "fined not more than $5,000 or imprisoned not more than five years".
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 13-50423

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

ROY LEE JONES,

Defendant-Appellant

Appeals from the United States District Court

for the Western District of Texas

USDC No. 1:03-CR-191-1

Before OWEN, ELROD, and HAYNES, Circuit Judges.

PER CURIAM:*

Roy Lee Jones, federal prisoner # 39810-180, seeks our authorization to 

proceed in forma pauperis (IFP) in his appeal of the district court’s denial of 

his motion under 18 U.S.C. § 3582(c)(2) to reduce his sentence for possessing 

with intent to distribute 50 grams or more of a mixture or substance containing 

a detectable amount of cocaine base. According to Jones, the district court 

abused its discretion when it determined that he was not entitled to a reduction 

* 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

November 5, 2013

Lyle W. Cayce

Clerk

 

 Case: 13-50423 Document: 00512430801 Page: 1 Date Filed: 11/05/2013
No. 13-50423

under Amendment 750 of the Sentencing Guidelines. He challenges the 

district court’s denial of IFP status and certification that his appeal is not 

taken in good faith. See Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997).

The guidelines range applicable to Jones’s case was not based on the 

quantity of cocaine base involved in the offense; it was based on Jones’s career 

offender status. “The crack cocaine guideline amendments do not apply to 

prisoners sentenced as career offenders.” United States v. Anderson, 591 F.3d 

789, 791 (5th Cir. 2009). Accordingly, the district court did not abuse its 

discretion in denying Jones’s motion for a sentence reduction under

§ 3582(c)(2). See id.; United States v. v. Evans, 587 F.3d 667, 672 (5th Cir. 

2009).

Jones demonstrates no error in the district court’s certification decision 

and fails to show that he will raise a nonfrivolous issue on appeal. See Baugh, 

117 F.3d at 202; Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983). Therefore, 

his motion to proceed IFP on appeal is denied, and his appeal is dismissed as 

frivolous. See Baugh, 117 F.3d at 202 & n.24; 5TH CIR. R. 42.2.

2

 Case: 13-50423 Document: 00512430801 Page: 2 Date Filed: 11/05/2013
### **CHAPTER 13—PROTECTION OF ORIGINAL DESIGNS**

Sec.
1301.
Designs protected.
1302.
Designs not subject to protection.
1303.
Revisions, adaptations, and rearrangements.
1304.
Commencement of protection.
1305.
Term of protection.
1306.
Design notice.
1307.
Effect of omission of notice.
1308.
Exclusive rights.
1309.
Infringement.
1310.
Application for registration.
1311.
Benefit of earlier filing date in foreign country.
1312.
Oaths and acknowledgments.
1313.
Examination of application and issue or refusal of registration.
1314.
Certification of registration.
1315.
Publication of announcements and indexes.
1316.
Fees.
1317.
Regulations.
1318.
Copies of records.
1319.
Correction of errors in certificates.
1320.
Ownership and transfer.
1321.
Remedy for infringement.
1322.
Injunctions.
1323.
Recovery for infringement.
1324.
Power of court over registration.
1325.
Liability for action on registration fraudulently obtained.
1326.
Penalty for false marking.
1327.
Penalty for false representation.
1328.
Enforcement by Treasury and Postal Service.
1329.
Relation to design patent law.
1330.
Common law and other rights unaffected.
1331.
Administrator; Office of the Administrator.
1332.
No retroactive effect.
**Printable VersionE-mail this page   National ProgramsInternational ProgramsFind Research ProjectsThe Research EnterpriseOffice of Scientific Quality ReviewResearch Initiatives UBLIC "-//W3C//DTD HTML 4.01 Transitional//EN" "http://www.w3.org/TR/html4/loose.dtd">		You are here: 						Research / 																				**Research Project:**Developing Predictive Tools for Prevention of Foot-and-Mouth Disease												Project Number: 1940-32000-057-01Project Type:																				Specific Cooperative Agreement

Start Date: Aug 01, 2007End Date: Jul 31, 2012

**Objective:**The objectives of this collaborative agreement are:1. Advance our understanding of molecular epidemiology of FMD viruses in South America by increasing the number of fully sequenced virus strains from the region;2. Develop algorithms and models that can predict with some confidence the epidemiologic features and transmission history of an FMD epidemic based on the changes nucleotide substitutions observed in the genomes of isolated viruses;3. Identify sites of the FMD virus genome under positive selection and quantify any association between changes in those sites and epidemiological features of the outbreaks;4. Expand the scope of FMD epidemiology to include other vesicular diseases such as vesicular stomatitis in selected regions of Latin-America and the use of epidemiological information in development and testing of predictive models of disease incursions into the U.S. 
**Approach:**The ARS-USDA PIADC FADRU will collaborate with the the CONICET, Argentina, and the Instituto de Biotecnología (INTA Castelar, Argentina) to: 1. Advance our understanding of molecular epidemiology of FMD viruses in South America by increasing the number of fully sequenced virus strains in the region;2. Develop algorithms and models that can predict with some confidence the epidemiologic features and transmission history of an FMD epidemic based on the changes nucleotide substitutions observed in the genomes of isolated viruses;3. Identify sites of the FMD virus genome under positive selection and quantify any association between changes in those sites and epidemiological features of the outbreaks;4. Expand the scope of FMD epidemiology to include other vesicular diseases such as vesicular stomatitis in selected regions of Latin-America and the use of epidemiological information in development and testing of predictive models of disease incursions into the U.S. 
    Project TeamRODRIGUEZ, LUIS  
Project Annual Reports FY 2011 FY 2010 FY 2009 FY 2008 
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**
### §40. Commercial motor vehicles required to stop for inspections

(a) A driver of a commercial motor vehicle (as defined in section 31132 of title 49) shall stop and submit to inspection of the vehicle, driver, cargo, and required records when directed to do so by an authorized employee of the Federal Motor Carrier Safety Administration of the Department of Transportation, at or in the vicinity of an inspection site. The driver shall not leave the inspection site until authorized to do so by an authorized employee.

(b) A driver of a commercial motor vehicle, as defined in subsection (a), who knowingly fails to stop for inspection when directed to do so by an authorized employee of the Administration at or in the vicinity of an inspection site, or leaves the inspection site without authorization, shall be fined under this title or imprisoned not more than 1 year, or both.

(Added Pub. L. 109–59, title IV, §4143(a), Aug. 10, 2005, 119 Stat. 1747, §39; renumbered §40, Pub. L. 110–244, title III, §301(j), June 6, 2008, 122 Stat. 1616.)

#### **Editorial Notes**

#### Amendments

2008—Pub. L. 110–244 renumbered section 39 of this title, relating to inspection of commercial vehicles, as this section.