alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5th C I R

. 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this opinion should not be published and is not precedent except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 C IR

. R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 97-20139

Summary Calendar

UNITED STATES of AMERICA,

Plaintiff-Appellee,

versus

DELANO R. MARTIN,

Defendant-Appellant.

Appeal from the United States District Court

for the Southern District of Texas

(H-96-CR-219-1)

November 4, 1997

Before JOHNSON, SMITH, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM: *

Delano Martin appeals his sen tence contending that the

district court erred in departing upward. Specifically, Martin

argues that no basis exists for the district court’s departure and

that the district court’s asserted justification for its departure

is encompassed by U.S.S.G. § 2F1.1(b)(4).

Since Martin failed to raise these issues below, we review for

plain error only. U nited States v. McDowell , 109 F.3d 214, 2162

(5th Cir. 1997). Under Federal Criminal Rule of Procedure 52(b),

this court may correct forfeited errors only when an appellant

shows that there is an error, the error is clear or obvious, and

the error affects his substantial rights. I d .; United States v.

Calverly

, 37 F.3d 160, 162 -64 (5th Cir. 1994)(en banc), c ert

.

denied

, 513 U.S. 1196 (1995). Even if these factors are

established, this court may decline to exercise its discretion and

correct the error unless the error “seriously affects the fairness,

integrity, or public reputation of judicial proceedings.”

McDowell

, 109 F.3d at 216. After carefully reviewing the record in

the present case, we hold that the district court’s decision to

depart upward does not present plain error requiring correction.

The district court gave acceptable reasons for its departure, and

the extent of the departure was not unreasonable in light of

Martin’s conduct.

Martin also contends that defense counsel rendered ineffective

assistance at sentencing by failing to object to the upward

departure. Since Martin’s claim refers to matters outside the

record, we decline to addre ss this issue. S ee United States v.

Higdon

, 832 F.2d 312, 313-14 (5th Cir. 1987), cert

. denied

, 484

U.S. 1075 (1988).

Therefore, for the fore going reasons, the district court’s

judgment is

AFFIRMED.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
ALFREDO P. SCALZO and MICHELLE A. ) SCALZO, ) ) Appellants, ) ) v. ) Case No. 2D17-1539 ) THIRD FEDERAL SAVINGS AND LOAN ) ASSOCIATION OF CLEVELAND; ) LANSBROOK MASTER ASSOCIATION, ) INC.; and JUNIPER BAY HOMEOWNERS ) ASSOCIATION, INC., ) ) Appellees. ) ) Opinion filed June 29, 2018. Appeal from the Circuit Court for Pinellas County; W. Douglas Baird, Senior Judge. Mark P. Stopa of Stopa Law Firm, Tampa, for Appellants. Marian Kennady and J. Anthony Van Ness of Van Ness Law Firm, PLC, Deerfield Beach, and Morgan L. Weinstein of Van Ness Law Firm, PLC, Hollywood, for Appellees Third Federal Savings and Loan Association of Cleveland. No appearance for remaining Appellees.- 2 -

PER CURIAM.

Affirmed.

SALARIO and ROTHSTEIN-YOUAKIM, JJ., and TIBBALS, WESLEY D., ASSOCIATE JUDGE, Concur.
#### Frank Duke, Respondent, v. The American Museum of Natural History, Appellant.

Judgment and order affirmed, with costs. Ho opinion. Present — Ingraham, P. J., Laughlin, Clarke, Scott and Dowling, JJ.
### SUBCHAPTER VI—FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING ACTIVITIES
[Federal Register Volume 69, Number 186 (Monday, September 27, 2004)]
[Notices]
[Pages 57677-57678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21574]


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

DEPARTMENT OF DEFENSE

Department of the Army


Armed Forces Institute of Pathology Scientific Advisory Board

AGENCY: Department of the Army, DoD.

ACTION: Notice of open meeting.

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

SUMMARY: In accordance with 10(a)(2) of the Federal Advisory Committee 
Act (Pub. L. 92-463) announcement is made of the following open 
meeting:

    Name of Committee: Scientific Advisory Board (SAB).
    Dates of Meeting: October 28-29, 2004.
    Place: The Cosmos Club, 2121 Massachusetts Avenue, NW., 
Washington, DC and the Armed Forces Institute of Pathology, 14th St. 
& Alaska Ave., NW., Washington, DC 20306-6000.
    Time: 8:30 a.m.-4:45 p.m. (October 28, 2004). 8 a.m.-11:30 a.m. 
(October 29, 2004).

FOR FURTHER INFORMATION CONTACT: Mr. Ridgely Rabold, Office of the 
Principal Deputy Director (PDD), AFIP, Building 54, Washington, DC 
20306-6000, phone (202) 782-2553.

SUPPLEMENTARY INFORMATION:
    General function of the board: The SAB provides scientific and 
professional advice and guidance on programs, policies and procedures 
of the AFIP.
    Agenda: The Board will hear status reports from the AFIP Director, 
Principal Deputy Director, and each of the pathology sub-specialty 
departments, which the Board members will visit during the meeting.

[[Page 57678]]

    Open board discussions: Reports will be presented on all visited 
departments. The reports will consist of findings, recommended areas of 
further research, improvement, and suggested solutions. New trends and/
or technologies will be discussed and goals established. The meeting is 
open to the public.

Brenda S. Bowen,
Army Federal Register Liaison Officer.
[FR Doc. 04-21574 Filed 9-24-04; 8:45 am]
BILLING CODE 3710-08-M
### §4240. Review and audit by Secretary

#### (a) Annual review

#### (1) In general

The Secretary shall, not less frequently than on an annual basis, make such reviews and audits as may be necessary or appropriate to determine whether—

(A) the Director has—

(i) carried out eligible activities under this subchapter in a timely manner;

(ii) carried out and made certifications in accordance with the requirements and the primary objectives of this subchapter and with other applicable laws; and

(iii) a continuing capacity to carry out the eligible activities in a timely manner;

(B) the Director has complied with the housing plan submitted by the Director under section 4223 of this title; and

(C) the performance reports of the Department under section 4240 1 of this title are accurate.

#### (2) Onsite visits

Each review conducted under this section shall, to the extent practicable, include onsite visits by employees of the Department of Housing and Urban Development.

#### (b) Report by Secretary

The Secretary shall give the Department of Hawaiian Home Lands not less than 30 days to review and comment on a report under this subsection. After taking into consideration the comments of the Department, the Secretary may revise the report and shall make the comments of the Department and the report with any revisions, readily available to the public not later than 30 days after receipt of the comments of the Department.

#### (c) Effect of reviews

The Secretary may make appropriate adjustments in the amount of annual grants under this subchapter in accordance with the findings of the Secretary pursuant to reviews and audits under this section. The Secretary may adjust, reduce, or withdraw grant amounts, or take other action as appropriate in accordance with the reviews and audits of the Secretary under this section, except that grant amounts already expended on affordable housing activities may not be recaptured or deducted from future assistance provided to the Department of Hawaiian Home Lands.

(Pub. L. 104–330, title VIII, §821, as added Pub. L. 106–568, title II, §203, Dec. 27, 2000, 114 Stat. 2894, and Pub. L. 106–569, title V, §513, Dec. 27, 2000, 114 Stat. 2988.)

#### **Editorial Notes**

#### Codification

Pub. L. 106–568, §203, and Pub. L. 106–569, §513, enacted identical sections 821 of Pub. L. 104–330. This section is based on the text of section 821 of Pub. L. 104–330, as added by Pub. L. 106–569, §513.

1 So in original. Probably should be section "4239".
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 ELEV

 508.35

 508.17

 508.55

 508.62

 508.96

 508.28

 508.46

 508.27

 508.72

 508.62

 508.27

 508.91

 508.98

 508.87

 508.64

 509.16

 508.97

 508.76

 509.06

 509.22

 508.86

 508.33

 508.67

 508.74

 508.85

 508.58

 508.66

 508.97

 509.07

 509.02

 508.86

 64,920

 64,698

 65,166

 65,252

 65,671

 64,834

 65,055

 64,821

 65,375

 65,252

 64,821

 65,609

 65,695

 65,560

 65,277

 65,920

 65,683

 65,425

 65,795

 65,995

 65,548

 64,895

 65,314

 65,400

 65,535

 65,203

 65,301

 65,683

 65,807

 65,745

 65,548

STORAGE

+443

-222

+468

+86

+419

-837

+221

-234

+554

-123

-431

+788

+86

-135

-283

+643

-237

-258

+370

+200

-447

-653

+419

+86

+135

-332

+98

+382

+124

-62

-197

CHANGE

3,694

1,921

2,291

2,108

2,265

1,661

2,199

1,965

2,357

2,013

1,875

2,487

2,127

2,027

1,939

2,418

2,016

2,004

2,296

2,205

1,886

1,786

2,308

2,133

2,165

1,926

2,130

2,262

2,096

1,989

1,918

INFLOW

 1,907

 1,907

 1,909

 1,909

 1,893

 1,896

 1,892

 1,894

 1,894

 1,896

 1,895

 1,898

 1,898

 1,897

 1,896

 1,897

 1,899

 1,899

 1,899

 1,898

 1,900

 1,897

 1,896

 1,896

 1,898

 1,913

 1,912

 1,915

 1,916

 1,917

 1,916

POWER

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 66

 100

 100

 100

 101

 100

 101

 100

 100

 101

 101

 100

 100

 100

 100

 100

 100

 100

 29

 0

 0

SPILL

 1,550

 111

 131

 138

 142

 168

 180

 176

 170

 161

 119

 78

 73

 84

 65

 79

 119

 121

 98

 90

 97

 103

 88

 79

 84

 63

 52

 36

 69

 86

 83

OUTLET

 14

 15

 15

 18

 19

 19

 16

 13

 14

 18

 12

 14

 13

 14

 20

 18

 16

 14

 12

 15

 13

 15

 13

 15

 15

 17

 17

 18

 19

 17

 18

C.F.S.

UNITED STATES DEPARTMENT OF THE INTERIOR

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

JULY 2007 TULLOCH RESERVOIR DAILY OPERATIONS RUN DATE: 09/26/2007

RES.

EVAP

C.F.S.

COMPUTED*

ACRE-FEET

RELEASE - C.F.S. 

TOTALS +1,071 66,467 58,949 1,799 4,693 486

ACRE-FEET +1,071 131,837 116,925 3,568 9,309 964

SUMMARY

RELEASE (ACRE-FEET)

POWER 116,925

SPILL 3,568 129,802

 64,477

OUTLET 9,309

TOTAL 

NEW

MELONES

RELEASE (1)

 2,293

 1,929

 2,274

 2,097

 2,295

 1,657

 2,215

 1,994

 2,324

 2,000

 1,903

 2,484

 2,176

 2,050

 1,949

 2,435

 2,003

 2,031

 2,313

 2,213

 1,884

 1,829

 2,107

 2,124

 2,276

 1,798

 2,140

 2,249

 2,150

 1,909

 1,891

 64,992

 128,912

*COMPUTED INFLOW IS SUM OF CHANGE IN STORAGE, RELEASES, AND EVAPORATION.
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

DAY ELEV

 499.04

 498.45

 497.64

 497.25

 496.63

 495.99

 495.27

 494.74

 494.25

 493.66

 493.29

 492.96

 492.50

 492.03

 491.94

 491.93

 492.26

 492.80

 493.45

 494.09

 494.95

 495.80

 496.50

 497.19

 497.87

 498.40

 498.82

 499.45

 500.53

 501.26

 1,496,681

 1,489,934

 1,480,689

 1,476,244

 1,469,188

 1,461,916

 1,453,750

 1,447,748

 1,442,207

 1,435,545

 1,431,372

 1,427,654

 1,422,477

 1,417,193

 1,416,182

 1,416,070

 1,419,778

 1,425,852

 1,433,176

 1,440,399

 1,450,125

 1,459,760

 1,467,710

 1,475,561

 1,483,312

 1,489,363

 1,494,164

 1,501,376

 1,513,765

 1,522,160

STORAGE

-5,267

-6,747

-9,245

-4,445

-7,056

-7,272

-8,166

-6,002

-5,541

-6,662

-4,173

-3,718

-5,177

-5,284

-1,011

-112

+3,708

+6,074

+7,324

+7,223

+9,726

+9,635

+7,950

+7,851

+7,751

+6,051

+4,801

+7,212

+12,389

+8,395

CHANGE

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

2,180

3,427

3,920

3,932

5,378

5,188

4,268

4,251

4,237

2,989

2,729

3,913

6,778

4,586

PUMPING

 2,663

 3,603

 4,677

 2,256

 3,604

 3,725

 4,166

 3,235

 2,805

 3,409

 2,168

 1,852

 2,615

 2,758

 383

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

POWER

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

SPILL

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

TUNNEL

+8

+202

+16

+15

+47

+59

+49

+209

+12

+50

+65

-22

+5

+94

-127

-56

-311

-365

-227

-290

-475

-330

-260

-293

-330

+62

-309

-277

-532

-354

OR

 44

 55

 30

 15

 59

 55

 44

 48

 7

 4

 58

 44

 36

 36

 51

 54

 15

 58

 25

 18

 26

 18

 7

 29

 48

 18

 70

 22

 19

 37

C.F.S.

 .12

 .15

 .08

 .04

 .16

 .15

 .12

 .13

 .02

 .01

 .16

 .12

 .10

 .10

 .14

 .15

 .04

 .16

 .07

 .05

 .07

 .05

 .02

 .08

 .13

 .05

 .19

 .06

 .05

 .10

INCHES

 .00

 .00

 .02

 .06

 .01

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .03

 .01

 .00

 .30

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .04

 .00

 .00

 .00

PRECIP

UNITED STATES 

DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION

CENTRAL VALLEY PROJECT

CONSOLIDATED STATE-FEDERAL SAN LUIS RESERVOIR December 18, 2017

DAILY OPERATIONS

NOVEMBER 2017 RUN DATE:

IN LAKE

EVAPORATION

INCHES

C.F.S. LOSS(-)

SAN LUIS

ACRE-FEET

RELEASE - C.F.S. 

TOTALS +20,212 57,776 43,919 0 0 -3,665 1,050 2.87 .47

ACRE-FEET +20,212 114,599 87,113 0 0 -7,270 2,083

SUMMARY

RELEASE (ACRE-FEET)

POWER 87,113

PACHECO TUNNEL 0 TOTAL 87,113

PRECIPITATION

THIS MONTH =

JULY 1, 2017 TO DATE = .58

 1,501,948

SPILL 0 .47

STATE OF CALIFORNIA

THE RESOURCES AGENCY

DEPARTMENT OF WATER RESOURCES

STATE WATER PROJECT

PACHECO

GAIN(+)

C.F.S.

Table 17

OCT 1, 2017 TO DATE = .47
#### § 1822.16 Where do I file an application that involves lands under the jurisdiction of more than one BLM State Office?

You may file your application with any BLM State Office having jurisdiction over the subject lands. You should consult the regulations of the particular BLM resource program involved for more specific information.
#### In the Matter of Agostino H. Montegriffo, Jr., an Attorney.

Referred to official referee. Order to be settled on notice. Present—Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, JJ.
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 ELEV

 500.85

 501.06

 500.59

 500.25

 500.44

 500.34

 500.42

 500.68

 500.96

 500.30

 499.78

 499.81

 499.30

 500.01

 501.18

 502.23

 502.88

 501.88

 501.23

 500.50

 500.40

 500.60

 500.64

 500.27

 499.74

 499.74

 501.52

 502.12

 502.87

 502.88

 502.27

 56,224

 56,453

 55,943

 55,574

 55,780

 55,672

 55,758

 56,040

 56,344

 55,628

 55,068

 55,100

 54,556

 55,314

 56,586

 57,748

 58,476

 57,358

 56,641

 55,845

 55,737

 55,953

 55,997

 55,596

 55,026

 55,026

 56,961

 57,624

 58,464

 58,476

 57,792

STORAGE

-284

+229

-510

-369

+206

-108

+86

+282

+304

-716

-560

+32

-544

+758

+1,272

+1,162

+728

-1,118

-717

-796

-108

+216

+44

-401

-570

+0

+1,935

+663

+840

+12

-684

CHANGE

319

466

94

165

456

285

559

755

776

369

543

861

761

1,523

1,675

1,610

1,352

246

434

395

674

800

811

677

595

929

1,937

1,337

1,445

1,086

766

INFLOW

 457

 351

 348

 347

 345

 176

 513

 608

 619

 723

 819

 844

 1,032

 1,141

 1,034

 1,024

 976

 807

 795

 792

 724

 686

 789

 867

 882

 926

 956

 1,000

 1,013

 1,078

 1,100

POWER

 0

 0

 0

 0

 0

 160

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

SPILL

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

OUTLET

 5

 0

 3

 4

 7

 3

 3

 5

 4

 7

 6

 1

 3

 0

 0

 0

 9

 3

 0

 4

 4

 5

 0

 12

 0

 3

 5

 3

 9

 2

 11

C.F.S.

UNITED STATES DEPARTMENT OF THE INTERIOR

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

MARCH 2012 TULLOCH RESERVOIR DAILY OPERATIONS RUN DATE: 05/03/2012

RES.

EVAP

C.F.S.

COMPUTED*

ACRE-FEET

RELEASE - C.F.S. 

TOTALS +1,284 24,701 23,772 160 0 121

ACRE-FEET +1,284 48,994 47,152 317 0 240

SUMMARY

RELEASE (ACRE-FEET)

POWER 47,152

SPILL 317 47,469

 56,508

OUTLET 0

TOTAL 

NEW

MELONES

RELEASE (1)

 331

 465

 100

 162

 460

 289

 568

 764

 783

 383

 541

 866

 758

 1,491

 1,654

 1,393

 722

 13

 361

 345

 654

 775

 776

 674

 570

 870

 1,852

 1,222

 1,292

 1,065

 656

 22,855

 45,333

*COMPUTED INFLOW IS SUM OF CHANGE IN STORAGE, RELEASES, AND

EVAPORATION.
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

EDWARD ARTHUR GEIER, JR.,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 141 MAL 2017

Petition for Allowance of Appeal from 

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 1st day of August, 2017, the Petition for Allowance of Appeal is 

DENIED.
### §1325. Abatement of actions

#### (a) Pending actions or proceedings; effect of cession

No action or proceeding pending before any court or agency of the United States immediately prior to any cession of jurisdiction by the United States pursuant to this subchapter shall abate by reason of that cession. For the purposes of any such action or proceeding, such cession shall take effect on the day following the date of final determination of such action or proceeding.

#### (b) Criminal actions; effect of cession

No cession made by the United States under this subchapter shall deprive any court of the United States of jurisdiction to hear, determine, render judgment, or impose sentence in any criminal action instituted against any person for any offense committed before the effective date of such cession, if the offense charged in such action was cognizable under any law of the United States at the time of the commission of such offense. For the purposes of any such criminal action, such cession shall take effect on the day following the date of final determination of such action.

(Pub. L. 90–284, title IV, §405, Apr. 11, 1968, 82 Stat. 80.)
Wachovia
        Securities
 8739
        Research
        Drive, URP4
 Charlotte,
        NC
        28288
 
 WACHOVIA
        SECURITIES







**OFFICER'S
      CERTIFICATE**








Reference
      is hereby made to that certain Pooling and
      Servicing Agreement dated as of
      June 1, 2005, by and among Citigroup Commercial Mortgage Securities, Inc.,
      as
      Depositor, Wachovia Bank, National Association, as Master Servicer, Allied
      Capital Corporation, as Special Servicer and LaSalle Bank, National Association,
      as Trustee, with respect to Commercial Mortgage Pass-Through Certificates,
      Series 2005-C3 (the "Agreement"). Capitalized terms used herein not otherwise
      defined shall have the meanings assigned in the Agreement.





Pursuant
      to Section 3.13 of this Agreement, Timothy Ryan and Clyde M. Alexander, Managing
      Director and Director of the Master Servicer, do hereby certify
      that:


1.
              A
                  review of the activities of the reporting person during June 1,
                  2005,
                  through December 31, 2005, of it’s performance has been made under such
                  officer’s supervision and,2.
              To
                  the best of such officer’s knowledge, the reporting person has fulfilled
                  its obligations under this Agreement throughout the period June
                  1, 2005
                  through December 31, 2005; and
 3.
              The
                  Master Servicer has received no notice regarding qualification,
                  or
                  challenging the status of any REMIC pool as a REMIC under the REMIC
                  Provisions or of the Grantor Trust as a “grantor trust” for income tax
                  purposes under the Grantor Tax Provisions form the IRS or any governmental
                  agency or body.




IN
      WITNESS WHEREOF,
      the undersigned have executed this Certificate as of the 10 th day of
      March 2006.


/s/
                  Timothy Ryan
              
              /s/
                  Clyde M. AlexanderTimothy
                  Ryan, Managing Director
              
              Clyde
                  M. Alexander, DirectorWachovia
                  Bank National Association
              
              Wachovia
                  Bank National Association
#### § 2881.8 Severability.

If a court holds any provisions of the regulations in this part or their applicability to any person or circumstances invalid, the remainder of these rules and their applicability to other people or circumstances will not be affected.

[70 FR 21058, Apr. 22, 2005. Redesignated at 89 FR 25973, Apr. 12, 2024]
Editorial Note on Part 17
Editorial Note: Nomenclature changes to part 17 appear at 68 FR 51376, Aug. 26, 2003.

§ 17.311 Exceptions to the rules against age discrimination. ( a ) Definitions. For purposes of this section, the terms “normal operation” and “statutory objective” shall have the following meaning: ( 1 ) *Normal operation* means the operation of a program or activity without significant changes that would impair its ability to meet its objectives.
( 2 ) *Statutory objective* means any purpose of a program or activity expressly stated in any Federal, State, or local statute or ordinance adopted by an elected, general purpose legislative body.
( b ) Exceptions to the rules against age discrimination: Normal operation or statutory objective of any program or activity. A recipient is permitted to take an action otherwise prohibited by § 17.310 if the action reasonably takes into account age as a factor necessary to the normal operation or the achievement of any statutory objective of a program or activity. An action reasonably takes into account age as a factor necessary to the normal operation or the achievement of any statutory objective of a program or activity, if: ( 1 ) Age is used as a measure or approximation of one or more other characteristics; and
( 2 ) The other characteristic(s) must be measured or approximated in order for the normal operation of the program or activity to continue, or to achieve any statutory objective of the program or activity; and
( 3 ) The other characteristic(s) can be reasonably measured or approximated by the use of age; and
( 4 ) The other characteristic(s) are impractical to measure directly on an individual basis.
( c ) Exceptions to the rules against age discrimination: Reasonable factors other than age. A recipient is permitted to take an action otherwise prohibited by § 17.310 which is based on a factor other than age, even though that action may have a disproportionate effect on persons of different ages. An action may be based on a factor other than age only if the factor bears a direct and substantial relationship to the normal operation of the program or activity or to the achievement of a statutory objective.
#### The People of the State of Illinois, Plaintiff-Appellee, *v.*Stan Scott, a/k/a Lester Stanley Scott, Defendant-Appellant.

(No. 57542;

First District (3rd Division) —

July 12, 1973.

G. M. Cooper, III, R. E. Pincham and Charles B. Evins, all of Chicago, for appellant.

Bernard Carey, State’s Attorney, of Chicago, (Kenneth L. Gillis and Sharon Grossman, Assistant State’s Attorneys, of counsel,) for the People.

PER CURIAM.

McGLOON, J., took no part.
### Supreme Court ofthe United States Office ofthe Clerk 

### Washington, DC 20543-0001 January 16, 2015 Clerk 

### Court ofCriminal Appeals ofTexas P.O. Box 12308 Capitol Station Austin, TX 78711 Re: Jason Shawn-Michael Bookman v. Texas No. 14-838 (Your No. WR-79,801-01) Dear Clerk: Scott S. Harris Clerk ofthe Court (202) 479-3011

The petition for a writ ofcertiorari in the above entitled case was filed on 

### January 13, 2015 and placed on the docket January 16, 2015 as No. 14-838. Sincerely, Scott S. Harris, Clerk

icob C. Travers

se Analyst 

### RECEIVED IN 

### C0URT0F CRIMINAL APPEALS 

## JAN 20 2015 

## AbelAcosta, Clerk