alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Appellee, v. Jeffrey Lynn BROWN, Appellant.

No. 06-1694.

United States Court of Appeals, Eighth Circuit.

Submitted: July 20, 2006.

Filed: Aug. 4, 2006.

John S. Courier, U.S. Attorney’s Office, Des Moines, IA, for Appellee.

John P. Messina, Angela L. Campbell, Federal Public Defender’s Office Southern District of Iowa, Jeffrey Lynn Brown, Des Moines, IA, for Appellant.

Before MURPHY, BYE, and MELLOY, Circuit Judges.

PER CURIAM.

Jeffrey Brown appeals following imposition of sentence by the district court1 upon his guilty plea to a charge of making a false statement while attempting to purchase a firearm, in violation of 18 U.S.C. § 922(a)(6). On appeal, his counsel has filed a brief under *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396,18 L.Ed.2d 493 (1967).

Counsel argues that Brown’s sentence of 12 months and one day in prison, plus two years of supervised release, is greater than necessary to achieve the goals presented in 18 U.S.C. § 3553(a) and is, therefore, unreasonable. This argument fails. The district court specifically discussed the section 3553(a) factors, and we find no indication that the court based its sentence on any improper or irrelevant factor. *See United States v. Long Soldier,*431 F.3d 1120, 1123 (8th Cir.2005) (relevant inquiry is whether court actually considered § 3553(a) factors and whether appellate court’s review of factors leads to conclusion that they support reasonableness of district court’s sentencing decision); *United States v. Saenz,*428 F.3d 1159, 1164-65 (8th Cir.2005) (there is range of reasonableness available to district court in any given case); *United States v. Lincoln,*413 F.3d 716, 717-18 (8th Cir.) (sentence within Guidelines range is presumptively reasonable; district court must not base sentence on irrelevant or improper factor, and must not neglect relevant factors), *cert. denied,*- U.S.-, 126 S.Ct. 840, 163 L.Ed.2d 715 (2005).

Having reviewed the record under *Pen-son v. Ohio,*488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we conclude there are no nonfrivolous issues. Accordingly, we affirm the district court’s judgment.

1

. The Honorable Robert W. Pratt, Chief Judge, United States District Court for the Southern District of Iowa.
Court of Appeals of the State of Georgia Clerk's Office, Atlanta, February 06, 2019. I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written. , Clerk. 

# Court of Appeals of the State of Georgia
ATLANTA, February 06, 2019 The Court of Appeals hereby passes the following order A19D0290. LUERICA FIFFEE v. MICHAEL JIGGETTS.
Upon consideration of the Application for Discretionary Appeal, it is ordered that it be hereby GRANTED. The Appellant may file a Notice of Appeal within 10 days of the date of this order. The Clerk of Superior Court is directed to include a copy of this order in the record transmitted to the Court of Appeals.
LC NUMBERS: CE1700649
CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
  /s/ Mitchell & Titus, LLPChicago, IllinoisJune 24, 2011
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19

20

21

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25

26

27

28

29

30

DAY HIGH

 10,284

 10,653

 10,536

 10,087

 10,469

 11,318

 12,048

 12,585

 13,195

 14,670

 13,892

 12,365

 13,418

 13,643

 16,272

 17,349

 17,828

 18,414

 19,042

 20,620

 19,725

 19,157

 18,755

 16,836

 17,071

 14,774

 14,564

 13,906

 14,442

 14,769

 5,455

 5,171

 4,686

 4,344

 4,457

 4,072

 4,301

 4,726

 4,894

 5,241

 5,439

 4,776

 4,873

 5,476

 9,317

 9,599

 10,184

 9,657

 9,463

 9,472

 8,548

 8,298

 8,544

 7,974

 7,432

 8,436

 7,778

 8,052

 8,265

 8,479

 7,546

 7,402

 7,274

 7,243

 7,362

 7,744

 8,171

 8,695

 9,147

 9,966

 9,856

 9,100

 9,632

 10,874

 13,194

 13,086

 13,020

 13,882

 14,420

 14,980

 14,698

 13,725

 13,721

 12,307

 12,503

 11,757

 11,810

 11,086

 10,668

 11,184

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

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

JUNE 2001 WATER QUALITY REPORT RUN DATE: July 18, 2001

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

PORT CHICAGO BOTTOM IN SUISUN BAY
§ 216.41 Who is entitled to a supplemental annuity. An employee is entitled to a supplemental annuity if he or she: ( a ) Has been credited with railroad service in at least one month before October 1981;
( b ) Is entitled to the payment of an employee annuity awarded after June 30, 1966;
( c ) Has a current connection with the railroad industry when the employee annuity begins;
( d ) Has given up the right to return to work as shown in subpart C of this part; and either
( e ) Is age 65 or older and has completed 25 years of service; or
( f ) Is age 60 or older and under age 65, has completed 30 years of service, and is awarded an annuity on or after July 1, 1974.
#### § 10.1 What rules govern the administration of the FECA and this chapter?

In accordance with 5 U.S.C. 8145 and Secretary's Order 5-96, the responsibility for administering the FECA, except for 5 U.S.C. 8149 as it pertains to the Employees' Compensation Appeals Board, has been delegated to the Director of the Office of Workers' Compensation Programs (OWCP). Except as otherwise provided by law, the Director, OWCP and his or her designees have the exclusive authority to administer, interpret and enforce the provisions of the Act.
### §§5101 to 5106. Repealed. Pub. L. 103–382, title III, §391(i), Oct. 20, 1994, 108 Stat. 4023

Section 5101, Pub. L. 100–418, title VI, §6111, Aug. 23, 1988, 102 Stat. 1505, stated purpose of part to assist educational agencies and institutions in developing technologically literate population through instructional programs in technology education.

Section 5102, Pub. L. 100–418, title VI, §6112, Aug. 23, 1988, 102 Stat. 1505, related to technology education demonstration program.

Section 5103, Pub. L. 100–418, title VI, §6113, Aug. 23, 1988, 102 Stat. 1507, related to applications for grants.

Section 5104, Pub. L. 100–418, title VI, §6114, Aug. 23, 1988, 102 Stat. 1507, related to national dissemination of information.

Section 5105, Pub. L. 100–418, title VI, §6115, Aug. 23, 1988, 102 Stat. 1507, authorized appropriations.

Section 5106, Pub. L. 100–418, title VI, §6116, Aug. 23, 1988, 102 Stat. 1507, defined "technology education".
### §1707. Population changes without effect, per se, on school population changes

When a court of competent jurisdiction determines that a school system is desegregated, or that it meets the constitutional requirements, or that it is a unitary system, or that it has no vestiges of a dual system, and thereafter residential shifts in population occur which result in school population changes in any school within such a desegregated school system, such school population changes so occurring shall not, per se, constitute a cause for civil action for a new plan of desegregation or for modification of the court approved plan.

(Pub. L. 93–380, title II, §208, Aug. 21, 1974, 88 Stat. 516.)

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

#### Effective Date

Section effective on and after sixtieth day after Aug. 21, 1974, see section 2(c) of Pub. L. 93–380, set out as a note under section 1221–1 of this title.
<PAGE>


                                                                      EXHIBIT 11

ATALANTA/SOSNOFF CAPITAL CORPORATION AND SUBSIDIARIES

COMPUTATIONS OF EARNINGS PER SHARE
FOR THE YEARS ENDED DECEMBER 31, 1999, 1998 AND 1997




<TABLE>
<CAPTION>

                                                          1999            1998          1997
                                                      ------------    -----------   ------------

EARNINGS:
<S>                                                   <C>             <C>           <C>
    Net income                                        $ 17,564,232    $ 7,783,518   $  9,849,373
                                                      ============    ===========   ============

BASIC EARNINGS PER SHARE:
    Shares - weighted average number of common
        shares outstanding                               9,192,066      9,571,711      9,037,469
                                                      ============    ===========   ============

BASIC EARNINGS PER SHARE                              $       1.91    $       .81   $       1.09
                                                      ============    ===========   ============

DILUTIVE EARNINGS PER SHARE:
    Common stock equivalents - options                       8,406         10,926         50,936
                                                      ============    ===========   ============

SHARES - WEIGHTED AVERAGE NUMBER OF
    COMMON SHARES AND COMMON EQUIVALENT
    SHARES OUTSTANDING                                   9,200,472      9,582,637      9,088,405
                                                      ============    ===========   ============

DILUTIVE EARNINGS PER SHARE                           $       1.91    $       .81   $       1.08
                                                      ============    ===========   ============

ANTIDILUTIVE SHARES AS OF DECEMBER 31, 1999                200,000        150,000             -
                                                      ============    ===========   ============
</TABLE>


                                                                             S-1
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28

29

DAY HIGH

 588

 550

 601

 619

 620

 710

 732

 720

 735

 694

 647

 694

 755

 788

 821

 869

 900

 927

 885

 883

 934

 1,003

 1,048

 1,020

 1,072

 954

 1,005

 969

 813

 454

 453

 448

 445

 418

 425

 438

 421

 420

 420

 410

 416

 397

 389

 384

 373

 362

 345

 339

 335

 361

 344

 334

 341

 362

 357

 356

 343

 355

 493

 482

 484

 488

 494

 515

 549

 540

 540

 521

 484

 516

 534

 544

 547

 598

 571

 538

 514

 596

 660

 650

 641

 527

 715

 548

 662

 664

 541

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

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

FEBRUARY 2008 WATER QUALITY REPORT RUN DATE: March 4, 2008

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

DELTA MENDOTA CANAL AT CHECK 13 (O'NEILL)
#### § 1010.250 Can priority of service be waived?

No, priority of service cannot be waived.
#### § 19.574 Availability of records.

The records required by this part must be available for inspection by the appropriate TTB officer during normal business hours. If a proprietor keeps the records at a location other than the distilled spirits plant where operations or transactions occur, the proprietor upon request must make them available at the distilled spirits plant premises undergoing a TTB audit or inspection. The records must be produced within two days of the request except that data accumulated on cards, tapes, discs, or other accepted record media must be retrievable within five business days. Applicable data processing programs must be made available for examination if requested by any authorized TTB officer.

(26 U.S.C. 5207)
Exhibit 10.3


 





AMENDMENT EXTENDING TERM OF EMPLOYMENT
AGREEMENT


 


THIS AGREEMENT dated June 11, 2015 between Joel M. Bennett,
an individual (“Executive”) and JAKKS Pacific, Inc., a Delaware corporation (the “Company”), amends the
Employment Agreement (as such term is defined below) between Executive and the Company.


 


WITNESSETH


 


WHEREAS, Executive and the Company entered into an Employment
Agreement dated October 21, 2011, which was modified and extended by an Agreement entitled Continuation and Extension of Term of
Employment Agreement dated February 18, 2014 (as modified and extended, collectively referred to as the “Employment Agreement”);
and


 


WHEREAS, Executive and the Company desire to extend the
Term of the Employment Agreement without modifying, changing, or otherwise amending any other provisions of the Employment Agreement.


 


NOW, THEREFORE, in consideration of the mutual promises,
representations and warranties set forth herein, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto, intended to be legally bound hereby, agree as follows:


 


		1.	Capitalized terms used and not defined herein have the respective meanings ascribed to them in the Employment Agreement.



 


		2.	Section 2 of the Employment Agreement is modified in its entirety to read as follows:



 


“Term. The term of this
Agreement shall commence on the Effective Date and continue until December 31, 2017, subject to earlier termination on the terms
and conditions provided elsewhere in this Agreement (the “Term”). As used herein, “Termination Date” means
the last day of the Term.”


 


		3.	Except as expressly set forth herein, all other terms and provisions of the
Employment Agreement as amended shall remain in full force and effect and unmodified hereby, and Executive shall be entitled to
continue to receive all other benefits provided thereunder.



 


IN WITNESS WHEREOF, the parties hereto have duly executed
this Agreement as of the day and year first written above, intending to be legally bound hereby.


 


	EXECUTIVE:	
        JAKKS PACIFIC, INC.



 


	 	 	By:	 
	Joel M. Bennett 	 		Stephen Berman
	 	 		President & Chief Executive Officer
Editorial Note on Part 26
Editorial Note: Nomenclature changes to part 26 appear by T.D. ATF-451, 66 FR 21668, 21669, May 1, 2001.

§ 26.50a Verification of eligible flavors. ( a ) Any person who, after December 1, 1990, ships to the United States any distilled spirits on which the tax has been or is to be paid or determined at an effective tax rate based in part on the alcohol content derived from any eligible flavor not previously approved on TTB Form 5530.5 (1678) or 5150.19 shall, before the first tax determination at that rate, request and receive a statement of eligibility for each flavor to be used in the computation of the effective tax rate.
( b ) To receive a statement of eligibility, the person shipping the distilled spirits shall submit to the TTB Alcohol and Tobacco Laboratory, 6000 Ammendale Road, Ammendale, MD 20705, the following: ( 1 ) An 8-ounce sample; and
( 2 ) A statement of composition using TTB Form 5154.1 or a letterhead request that lists the— ( i ) Name and percentage of alcohol by volume of the flavor; and
( ii ) Name and quantity of each ingredient used in the manufacture of the flavor.
(Approved by the Office of Management and Budget under control number 1512-0203) (Act of August 16, 1954, Pub. L. 591, 68A Stat. 907, as amended (26 U.S.C. 7652); Sec. 201, Pub. L. 85-859, 72 Stat. 1314, as amended (26 U.S.C. 5001); Sec. 6, Pub. L. 96-598, 94 Stat. 3488, as amended (26 U.S.C. 5010))
[T.D. ATF-297, 55 FR 18066, Apr. 30, 1990, as amended by T.D. ATF-451, 66 FR 21669, May 1, 2001; T.D. TTB-44, 71 FR 16944, Apr. 4, 2006]
###### Editorial Note on Part 71

#### Editorial Note:

Nomenclature changes to part 71 appear by T.D. ATF-414, 64 FR 49084, Sept. 10, 1999and T.D. ATF-463, 66 FR 42734, 42735, Aug. 15, 2001.

#### § 71.2 Liberal construction.

The regulations in this part shall be liberally contrued to secure just, expeditious, and efficient determination of the issues presented. The Rules of Civil Procedure for the U.S. District Courts (28 U.S.C. appendix), where applicable, shall be a guide in any situation not provided for or controlled by this part but shall be liberally construed or relaxed when necessary.

(5 U.S.C. 552(a) (80 Stat. 383, as amended))

[T.D. ATF-92, 46 FR 46917, Sept. 23, 1981]
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25

26

27

28

29

30

31

DAY HIGH

 546

 559

 530

 524

 512

 542

 545

 540

 534

 530

 538

 551

 544

 563

 566

 630

 615

 572

 571

 517

 501

 481

 450

 482

 471

 440

 429

 469

 430

 443

 443

 485

 457

 478

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 484

 494

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 462

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 446

 398

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 406

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 391

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 483

 469

 503

 534

 494

 481

 449

 463

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 423

 443

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 419

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 420

 411

 418

 412

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

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

OCTOBER 2009 WATER QUALITY REPORT RUN DATE: November 3, 2009

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

DELTA MENDOTA CANAL AT CHECK 13 (O'NEILL)
#### § 1002.137 If the employee receives a disqualifying discharge or release from uniformed service and it is later upgraded, will reemployment rights be restored?

Yes. A military review board has the authority to prospectively or retroactively upgrade a disqualifying discharge or release. A retroactive upgrade would restore reemployment rights providing the employee otherwise meets the Act's eligibility criteria.
##### 



Exhibit 32.1 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, Kenneth M. Jastrow, II, Chief Executive Officer of
Temple-Inland Inc., hereby certify pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that this Quarterly Report on Form 10-Q fully
complies with the requirements of section 13(a) or 15(d) of the
Securities Exchange Act of 1934 and that the information contained
in this Quarterly Report on Form 10-Q fairly presents, in all
material respects, the financial condition and results of
operations of Temple-Inland Inc. /s/ Kenneth M. Jastrow, IIKenneth M. Jastrow, IIMay 10, 2005 45
Summary of Oral Agreements Between Andrii
Guzii and Strong Solutions Inc. (“The Company”)


 


Agreement to Advance Funds:


 


Mr. Guzii has orally agreed to advance funds
to the company in the amount of $25,000 in the event that the company should need additional capital to continue operations. In
the alternative, Mr. Guzii has orally committed to loan the company construction equipment valued at $25,000 to be used in the
company’s equipment rental business if that will be more helpful to the company. However, Mr. Guzii is only obligated to
provide one of the aforementioned advances. If the company does require this advance from Mr. Guzii, he shall retain sole discretion
over which loan to give the company.


 


Agreement to Lease Executive Office Space:


 


Mr. Guzii has orally agreed to lease office
space to the company for their principal operations. Mr. Guzii has agreed to lease the space of approximately 300 square feet to
the company at no cost for a term of one year. Upon expiration of the lease, Mr. Guzii shall have the option to pursue another
tenant or renew the lease agreement with the company on the same terms.
## St at e of Ne w York Supre me Court , Appe llat e D i vi s i on T h i rd J udi cial D e

part me n t Decided and Entered: November 10, 2016 522399

________________________________ In the Matter of ANTHONY FOSTER, Appellant, v MEMORANDUM AND ORDER ALBERT PRACK, as Director of Special Housing and Inmate Disciplinary Programs, et al., Respondents.

________________________________ Calendar Date: September 20, 2016 Before: Peters, P.J., Garry, Egan Jr., Devine and Aarons, JJ.

__________ Anthony Foster, Attica, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Owen Demuth of counsel), for respondents.

__________ Appeal from a judgment of the Supreme Court (Hayden, J.), entered October 5, 2015 in Chemung County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of the Commissioner of Corrections and Community Supervision finding petitioner guilty of violating a prison disciplinary rule. Petitioner was charged in a misbehavior report with use of a controlled substance after his urine twice tested positive for the presence of cannabinoids. Following a tier III disciplinary hearing, petitioner was found guilty and that determination was affirmed upon administrative appeal. Petitioner commenced this CPLR article 78 proceeding challenging the determination and,-2- 522399

following joinder of issue, Supreme Court dismissed the petition. This appeal ensued. We are unpersuaded by petitioner's contention that the Hearing Officer erred in denying petitioner's request to call certain witnesses. The proffered testimony of inmate witnesses with regard to their personal experience with drug-related testing, as well as documentation in connection with another inmate's disciplinary hearing, were irrelevant as to whether petitioner was guilty of the charge (see Matter of Mullamphy v Fischer, 112 AD3d 1177, 1177 [2013]; Matter of Williams v Fischer, 73 AD3d 1364, 1365 [2010]). Furthermore, the additional information sought regarding the authorization for the urinalysis testing was properly considered redundant given the testimony already received (see Matter of Sheppard v Bezio, 62 AD3d 1189, 1190 [2009]; Matter of Antinuche v Goord, 16 AD3d 743, 744 [2005]). To the extent that petitioner claims that he was improperly denied the right to counsel, it is well settled that an inmate has no right to counsel during a disciplinary hearing (see Matter of Laureano v Kuhlmann, 75 NY2d 141, 146 [1990]; Matter of Jeckel v New York State Dept. of Corr., 111 AD3d 1180, 1181 [2013]). We have reviewed petitioner's remaining contentions and find them to be without merit. Peters, P.J., Garry, Egan Jr., Devine and Aarons, JJ., concur.
ORDERED that the judgment is affirmed, without costs.

ENTER:

Robert D. Mayberger Clerk of the Court
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12

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14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

DAY HIGH

 5,784

 5,094

 8,025

 5,728

 4,701

 3,908

 3,951

 3,298

 4,094

 7,011

 11,999

 12,961

 15,430

 15,199

 15,378

 15,775

 16,421

 15,077

 13,350

 12,619

 11,190

 10,893

 11,403

 13,721

 15,207

 17,385

 19,721

 19,524

 20,989

 20,942

 20,073

 460

 460

 495

 500

 472

 454

 450

 436

 429

 421

 561

 1,082

 1,529

 1,987

 2,331

 2,712

 3,099

 3,018

 2,736

 2,598

 2,348

 2,501

 2,824

 3,537

 4,868

 4,821

 5,127

 5,274

 6,213

 6,489

 6,370

 1,738

 1,541

 2,383

 1,957

 1,697

 1,563

 1,814

 1,274

 1,374

 2,344

 3,890

 5,560

 7,142

 7,901

 8,051

 8,867

 9,223

 9,333

 8,205

 7,507

 7,198

 7,122

 7,511

 8,070

 9,056

 9,809

 11,274

 11,943

 12,988

 13,392

 12,855

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

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

JANUARY 2022 WATER QUALITY REPORT RUN DATE: February 1, 2022

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

PORT CHICAGO BOTTOM IN SUISUN BAY