alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. Amanda Jo SCHOENEWEIS, Defendant-Appellant.

No. 06-1651.

United States Court of Appeals, Seventh Circuit.

Submitted May 26, 2006.

Decided June 2, 2006.

*480Stephen B. Clark, Office of the United States Attorney, Criminal Division, Fair-view Heights, IL, for Plaintiff-Appellee.

Amanda Jo Schoeneweis, Fort Worth, TX, pro se.

Before Hon. RICHARD A. POSNER, Hon. ILANA DIAMOND ROVNER, and Hon. ANN CLAIRE WILLIAMS, Circuit Judges.

ORDER

Amanda Schoeneweis was convicted of possession with intent to distribute cocaine base (crack), 21 U.S.C. § 841(a)(1). While on supervised release for this offense, Schoeneweis violated several of the terms of that release. Schoeneweis did not contest any of the alleged violations at her revocation hearing. The district court accordingly revoked the release and imposed an additional 24 months of imprisonment and an additional 18 months of supervised release. Schoeneweis now appeals, but her appointed lawyer has moved to withdraw under *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), because he cannot discern a nonfrivolous issue for appeal. We invited Schoeneweis to respond per Circuit Rule 51(b), but she has not done so. Therefore, we will consider only those potential issues identified in counsel’s facially adequate brief. *See United States v. Tabb,*125 F.3d 583, 584 (7th Cir.1997) (per curiam).

Counsel considers whether Schoeneweis could challenge as unreasonable the district court’s decision to reimprison her for 24 months and impose an additional 18-month term of supervised release. We agree with counsel that this potential issue *481is frivolous. When imposing a term of reimprisonment for violating supervised release, a district court must consider the applicable policy statements and the sentencing factors in 18 U.S.C. § 3553(a). *United States v. Carter,*408 F.3d 852, 854 (7th Cir.2005); *United States v. Salinas,*365 F.3d 582, 588-89 (7th Cir.2004). The district court did all of this at Schoeneweis’s revocation hearing. It noted the range recommended by the policy statements. The court then explained that it was imposing a longer term of reimprisonment because Schoeneweis’s original sentence had been reduced due to her substantial assistance. *See*U.S.S.G. § 7B1.4 cmt. n. 4. The district court also took into account Schoeneweis’s history of drug abuse and the fact that she had resumed her “old habits” soon after being released from prison. *See*18 U.S.C. § 3553(a)(1); *see also Carter,*408 F.3d at 854 (courts should consider the “nature and circumstances of the offense” and the “defendant’s history and characteristics”); *Salinas,*365 F.3d at 589 (same).

The only other potential issue counsel mentions is the possibility that Schoeneweis received ineffective assistance of counsel at her revocation hearing. If Schoeneweis has such a claim, *cf. United States v. Eskridge,*445 F.3d 930 (7th Cir. 2006), she can raise it in a petition for habeas corpus under 28 U.S.C. § 2255, *see, e.g., United States v. Rezin,*322 F.3d 443, 445 (7th Cir.2003).

For the above reasons, we GRANT counsel’s motion and DISMISS the appeal.
#### § 771.31 Attorneys and other representatives.

An applicant, licensee, or permittee may represent himself, or be represented by an attorney, a certified public accountant, or any other person, specifically designated in a duly executed power of attorney that shall be filed in the proceeding by the applicant, licensee, or permittee. The applicant, licensee, or permittee shall file waivers, if applicable, under the Privacy Act of 1974 and 26 U.S.C. 6103(c) (confidentiality and disclosure of returns and return information). The Director of Industry Operations may be represented in proceedings by an attorney in the Office of Chief Counsel who is authorized to execute and file motions, briefs, and other papers in the proceeding on behalf of the Director of Industry Operations, in the attorney's own name as “Attorney for the Government.”
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10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

DAY HIGH

 12,459

 13,326

 12,281

 12,647

 11,002

 11,068

 11,938

 15,039

 17,755

 20,886

 19,857

 22,012

 18,801

 16,249

 14,961

 13,240

 12,191

 11,570

 10,429

 10,683

 12,716

 4,872

 7,416

 11,443

 10,025

 7,752

 6,187

 7,322

 5,798

 3,202

 3,783

 3,327

 1,933

 2,419

 4,222

 1,037

 965

 858

 2,224

 2,715

 4,295

 6,896

 6,723

 5,687

 5,152

 3,251

 2,018

 1,273

 973

 785

 897

 2,973

 499

 550

 526

 373

 546

 489

 318

 253

 7,956

 7,377

 6,380

 6,571

 6,369

 5,442

 5,253

 6,690

 9,566

 12,716

 12,729

 14,262

 13,359

 11,293

 10,191

 8,030

 6,749

 5,448

 4,556

 4,605

 5,180

 3,915

 2,048

 5,060

 4,806

 3,530

 2,699

 2,874

 1,571

 681

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

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

APRIL 2003 WATER QUALITY REPORT RUN DATE: May 8, 2003

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

PORT CHICAGO BOTTOM IN SUISUN BAY
§ 9.114 Old Mission Peninsula. ( a ) *Name.* The name of the viticultural area described in this section is “Old Mission Peninsula.”
( b ) *Approved maps.* The appropriate maps for determining the boundaries of the “Old Mission Peninsula” viticultural area are 2 U.S.G.S. Quadrangle (15 Minute Series) maps, scaled at 1:62,500. They are entitled: ( 1 ) Elk Rapids, Mich. (1957); and
( 2 ) Traverse City, Mich. (1957).
( c ) *Boundary.* The boundary in Grand Traverse County, Michigan, consists of all of Peninsula Township, excluding Marion and Bassett Islands. In addition, the viticultural area takes in a small portion of Traverse City Township. ( 1 ) The beginning point is on the Traverse City, Mich., U.S.G.S. map at the shoreline of the West Arm of Grand Traverse Bay at Section 1, Township 27 North, Range 11 West (T27N, R11W), approximately 500 feet due west of the intersection of two unmarked light-duty roads (approx. 750 feet north of Bryant Park);
( 2 ) The boundary proceeds north 19 miles along the western shoreline of the Old Mission Peninsula until it reaches the lighthouse near Old Mission Point at the north side of the Peninsula on the Elk Rapids, Mich., U.S.G.S. map, Sec. 23, T30N, R10W;
( 3 ) It then proceeds south for approximately 19 miles along the eastern shoreline of the peninsula to the southeast portion of an unmarked light-duty road (known locally as Eastern Avenue) at Sec. 6, T27N, R10W on the Traverse City, Mich., U.S.G.S. map. The unmarked light-duty road is located immediately north of Northwestern Michigan College on the shoreline of the East Arm of the Grand Traverse Bay;
( 4 ) The boundary travels west along the unmarked light-duty road (known locally as Eastern Avenue) for approximately one mile until it meets an unmarked north/south light-duty road at Sec. 1, T27N, R11W; and
( 5 ) Finally, the boundary proceeds due east 500 feet to the beginning point on the shoreline of the West Arm of the Grand Traverse Bay at Sec. 1, T27N, R11W.
[T.D. ATF-252, 52 FR 21515, June 8, 1987]
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15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

DAY HIGH

 393

 260

 201

 174

 180

 160

 162

 173

 178

 188

 190

 197

 193

 193

 193

 190

 192

 191

 197

 196

 192

 193

 189

 180

 182

 186

 190

 191

 195

 199

 195

 144

 117

 92

 96

 99

 106

 119

 129

 131

 129

 137

 135

 147

 155

 161

 167

 167

 158

 150

 153

 170

 159

 165

 161

 164

 166

 177

 182

 186

 187

 187

 265

 197

 152

 144

 140

 136

 141

 150

 153

 159

 162

 167

 173

 172

 178

 179

 180

 178

 184

 183

 183

 179

 178

 170

 173

 176

 182

 187

 190

 191

 190

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

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

JANUARY 2006 WATER QUALITY REPORT RUN DATE: February 7, 2006

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

PITTSBURG BOTTOM ON THE SACRAMENTO RIVER
§ 225.51 PIA's that are subject to recomputation. The following PIA's are subject to recomputation— ( a ) Tier I PIA;
( b ) Survivor Tier I PIA;
( c ) Overall Minimum PIA;
( d ) Employee RIB PIA; and
( e ) Residual Lump-Sum PIA.
§ 10.313 Will OWCP pay for preventive treatment? The FECA does not authorize payment for preventive measures such as vaccines and inoculations, and in general, preventive treatment may be a responsibility of the employing agency under the provisions of 5 U.S.C. 7901 (see § 10.303). However, OWCP can authorize treatment for the following conditions, even though such treatment is designed, in part, to prevent further injury: ( a ) Complications of preventive measures which are provided or sponsored by the agency, such as an adverse reaction to prophylactic immunization.
( b ) Actual or probable exposure to a known contaminant due to an injury, thereby requiring disease-specific measures against infection. Examples include the provision of tetanus antitoxin or booster toxoid injections for puncture wounds; administration of rabies vaccine for a bite from a rabid or potentially rabid animal; or appropriate measures where exposure to human immunodeficiency virus (HIV) has occurred.
( c ) Conversion of tuberculin reaction from negative to positive following exposure to tuberculosis in the performance of duty. In this situation, the appropriate therapy may be authorized.
( d ) Where injury to one eye has resulted in loss of vision, periodic examination of the uninjured eye to detect possible sympathetic involvement of the uninjured eye at an early stage.
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12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

DAY HIGH

 28,336

 26,842

 26,659

 26,032

 26,878

 24,017

 25,205

 27,442

 27,658

 22,709

 30,772

 31,121

 30,288

 31,000

 28,455

 27,766

 26,827

 25,327

 26,837

 27,220

 24,039

 27,004

 28,148

 28,030

 27,245

 29,282

 28,593

 28,388

 28,998

 24,687

 14,936

 14,749

 15,268

 15,110

 14,644

 13,448

 15,431

 12,277

 13,735

 14,661

 15,638

 15,231

 16,382

 14,409

 14,359

 12,042

 13,757

 13,532

 14,235

 12,236

 10,071

 7,758

 15,137

 14,060

 12,122

 14,162

 11,060

 12,493

 12,827

 13,746

 21,097

 20,815

 20,858

 20,373

 20,699

 18,965

 18,985

 18,358

 19,558

 19,096

 22,320

 22,369

 22,387

 21,849

 20,954

 20,025

 20,269

 19,986

 21,168

 20,226

 16,964

 17,282

 21,570

 21,088

 20,972

 21,443

 20,333

 19,679

 20,727

 18,270

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

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

SEPTEMBER 2009 WATER QUALITY REPORT RUN DATE: October 2, 2009

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

PORT CHICAGO BOTTOM IN SUISUN BAY
<PAGE>   1

                                                                     EXHIBIT 11
                           THE PIONEER GROUP, INC.

                Computation of Earnings Per Share (Unaudited)
               (Dollars in Thousands Except Per Share Amounts)


<TABLE>
<CAPTION>

   COMPUTATION FOR CONSOLIDATED
   STATEMENT OF INCOME                        THREE MONTHS ENDED SEPTEMBER 30,   NINE MONTHS ENDED SEPTEMBER 30,
   -------------------                        --------------------------------   -------------------------------

                                                    1995           1994            1995           1994
                                                    ----           ----            ----           ----
   <S>                                            <C>             <C>            <C>             <C>
   NET INCOME (1)                                     $6,273          $8,280        $19,399         $27,018
                                                  ==========      ==========     ==========      ==========


   SHARES
     Weighted average number of
     common shares outstanding (2)                24,816,000      24,672,000     24,804,000      24,664,000


     Dilutive effect of stock options and
     restricted stock proceeds as common
     stock equivalents computed under the
     treasury stock method using the
     average price during the period (2)             555,000         702,000        493,000         674,000
                                                  ----------      ----------     ----------      ----------


   WEIGHTED AVERAGE NUMBER OF SHARES
     outstanding as adjusted (1) (2)              25,371,000      25,374,000     25,297,000      25,338,000
                                                  ==========      ==========     ==========      ==========

   EARNINGS PER SHARE (1) (2)                          $0.25           $0.33          $0.77           $1.07
                                                  ==========      ==========     ==========      ==========


   -------------------
   (1) These amounts agree with the related amounts in the Consolidated Statement of Income.
   (2) Adjusted for December 1, 1994, 2-for-1 stock split effected in the form of a 100% stock dividend.

</TABLE>
### §80r–5. Educational and liaison programs

#### (a) In general

#### (1) Programs authorized

The Director of the Museum may carry out educational and liaison programs in support of the goals of the Museum.

#### (2) Specific activities described

In carrying out this section, the Director shall—

(A) carry out educational programs relating to African American life, art, history, and culture, including—

(i) programs using digital, electronic, and interactive technologies; and

(ii) programs carried out in collaboration with elementary schools, secondary schools, and postsecondary schools; and

(B) consult with the Director of the Institute of Museum and Library Services concerning the grant and scholarship programs carried out under subsection (b).

#### (b) Grant and scholarship programs

#### (1) In general

In consultation with the Council and the Director of the Museum, the Director of the Institute of Museum and Library Services shall establish—

(A) a grant program with the purpose of improving operations, care of collections, and development of professional management at African American museums;

(B) a grant program with the purpose of providing internship and fellowship opportunities at African American museums;

(C) a scholarship program with the purpose of assisting individuals who are pursuing careers or carrying out studies in the arts, humanities, and sciences in the study of African American life, art, history, and culture;

(D) in cooperation with other museums, historical societies, and educational institutions, a grant program with the purpose of promoting the understanding of modern-day practices of slavery throughout the world; and

(E) a grant program under which an African-American museum (including a nonprofit education organization the primary mission of which is to promote the study of African-American diaspora) may use the funds provided under the grant to increase an endowment fund established by the museum (or organization) as of May 1, 2003, for the purposes of—

(i) enhancing educational programming; and

(ii) maintaining and operating traveling educational exhibits.

#### (2) Authorization of appropriations

There are authorized to be appropriated to the Director of the Institute of Museum and Library Services to carry out this subsection—

(A) $15,000,000 for fiscal year 2004; and

(B) such sums as are necessary for each fiscal year thereafter.

(Pub. L. 108–184, §7, Dec. 16, 2003, 117 Stat. 2679.)
### §4432. Establishment of preclearance operations

Pursuant to section 1629 of this title and section 1103(a)(7) of title 8, and provided that an aviation security preclearance agreement (as defined in section 44901(d)(4)(B) 1 of title 49) is in effect, the Secretary may establish and maintain U.S. Customs and Border Protection preclearance operations in a foreign country—

(1) to prevent terrorists, instruments of terrorism, and other security threats from entering the United States;

(2) to prevent inadmissible persons from entering the United States;

(3) to ensure that merchandise destined for the United States complies with applicable laws;

(4) to ensure the prompt processing of persons eligible to travel to the United States; and

(5) to accomplish such other objectives as the Secretary determines are necessary to protect the United States.

(Pub. L. 114–125, title VIII, §813, Feb. 24, 2016, 130 Stat. 217.)

#### **Editorial Notes**

#### References in Text

Section 44901(d)(4)(B) of title 49, referred to in text, was redesignated section 44901(d)(2)(B) of title 49 by Pub. L. 115–254, div. K, title I, §1991(d)(1)(C)(iii), Oct. 5, 2018, 132 Stat. 3628.

1 See References in Text note below.
Exhibit 5.2
  
 Re:
    
    Subsidiary Guarantee Opinion
  Issuer Guarantor Exchange Notes Securities Act Outstanding Notes Notes Registration
Statement Indenture Exchange Note
Guarantees




---



##### 



1.
    
    The Guarantor is validly existing as a corporation in good standing
under the laws of the State of Texas.2.
    
    The Guarantor has the corporate power and authority to execute and
deliver the Exchange Note Guarantees and perform its obligations thereunder; and3.
    
    The Exchange Note Guarantees have been duly authorized by the Guarantor.
  - 2 -




---



##### 



Jones, Walker, Waechter, Poitevent  Carrère & Denègre, L.L.P.
 - 3 -
###### 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.

#### § 26.54 Filing and disposition of formulas.

Formulas required by this subpart must be submitted, and disposed of, in accordance with the instructions on the prescribed TTB form. The applicant shall maintain copies of approved formulas available for examination by revenue agents.

[T.D. ATF-451, 66 FR 21669, May 1, 2001]
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

214 KA 11-02372 PRESENT: SMITH, J.P., FAHEY, CARNI, SCONIERS, AND VALENTINO, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V MEMORANDUM AND ORDER
JEROME A. THAGARD, DEFENDANT-APPELLANT.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ALAN WILLIAMS OF COUNSEL), FOR DEFENDANT-APPELLANT.
FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (MICHAEL J. HILLERY OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Supreme Court, Erie County (Richard C. Kloch, Sr., A.J.), rendered April 12, 2010. The judgment convicted defendant, upon a jury verdict, of murder in the second degree and criminal possession of a weapon in the second degree.
It is hereby ORDERED that said appeal is unanimously dismissed.
Memorandum: We are advised that, by order dated December 9, 2013, Supreme Court granted defendant’s motion to vacate the judgment of conviction pursuant to CPL 440.10. Thus, defendant’s direct appeal from the judgment of conviction must be dismissed as moot ( see People v Mills , 5 AD3d 1051, 1051; see also People v James , 212 AD2d 822, 822; People v Pimental , 189 AD2d 788, 788).

Entered: March 28, 2014 Frances E. Cafarell Clerk of the Court
§ 320.39 Execution and filing of appeal to Board from decision of hearings officer. ( a ) An appeal to the Board from the decision of a hearings officer shall be filed on the form provided by the Board and shall be executed in accordance with the instructions on the form. Such appeal shall be filed within 60 days from the date upon which notice of the decision of the hearings officer was mailed to the parties. The right to further review of a decision of a hearings officer shall be forfeited unless formal final appeal is filed in the manner and within the time prescribed in this section. Any written request stating an intent to appeal which is received within the 60-day period will protect the claimant's right to appeal, *Provided that* the claimant files the appeal form within the later of the 60-day period following the date of the hearing officer's decision, or the 30-day period following the date of the letter sending the appeal form to the claimant. However, when a party fails to file an appeal before the Board within the time prescribed in this section, the Board may waive this requirement if along with the final appeal, the party in writing requests an extension of time. The request for an extension of time must give the reasons why the final appeal form was not filed within the time limit prescribed in this section. If in the judgment of the Board the reasons given establish that the party has good cause for not filing the final appeal form within the time limit prescribed, the Board will consider the appeal to have been filed in a timely manner. The Board will use the standards found in § 320.10(e) of this part in determining if good cause exists.
( b ) Where a timely appeal seeking waiver of recovery of an erroneous payment has been filed with the three-member Board, the Board shall not commence recovery of the erroneous payment by suspension or reduction of a monthly benefit payable by the Board until a decision with respect to such appeal seeking waiver has been made and notice thereof has been mailed to the claimant.
[67 FR 77157, Dec. 17, 2002; 68 FR 6820, Feb. 11, 2003]
#### § 211.1 General.

Benefits under the Railroad Retirement Act are based in part on the individual's years of service and amount of compensation credited to the individual under the Act. This part defines what the term compensation means and sets forth the criteria applied in determining what payments are creditable as compensation under the Railroad Retirement Act.