alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES COURT OF APPEALS 

FOR THE TENTH CIRCUIT 

_________________________________ 

UNITED STATES OF AMERICA, 

 Plaintiff - Appellee, 

v. 

JASON P. BRISCOE, 

 Defendant - Appellant. 

No. 19-3261 

(D.C. No. 6:18-CR-10031-EFM-1) 

(D. Kan.) 

_________________________________ 

ORDER AND JUDGMENT*

_________________________________ 

Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges. 

_________________________________ 

This matter is before us on the parties Joint Motion to Remand to Vacate 

Multiplicitous Counts and for Resentencing, in which appellant Jason Briscoe and the 

United States jointly move the court pursuant to 10th Cir. R. 27.3(A)(1)(c) to remand the 

case to the district court for further proceedings. As grounds for the motion, the parties 

state: (1) the convictions Mr. Briscoe challenges on appeal are multiplicitous and the 

district court should have entered judgment and imposed sentence on only one 18 U.S.C. 

§ 924(c) count (not two) and on only one 18 U.S.C. § 922(g) count (not six); and (2) Mr. 

Briscoe was erroneously assigned two criminal history points for the conviction 

*

 This matter is submitted on the briefs. Fed. R. App. P. 34(a)(2); 10th Cir. R. 

34.1(G). This order and judgment is not binding precedent, except under the doctrines of 

law of the case, res judicata, and collateral estoppel. It may be cited, however, for its 

persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. 

FILED 

United States Court of Appeals 

Tenth Circuit 

September 23, 2020

Christopher M. Wolpert 

Clerk of Court
2 

described in paragraph 60 of his Presentence Investigation Report, which assignment 

placed him in a higher criminal history category than was appropriate. 

Upon consideration, the court grants the motion, dismisses the appeal, and remand 

the case to district court with instructions to: 

A. Vacate Mr. Briscoe’s multiplicitous convictions and enter judgment on only 

one § 924(c) count and one § 922(g) count, see United States v. Elliott, 937 

F.3d 1310, 1313-14 (10th Cir. 2019) (remanding to the district court with 

instructions to vacate multiplicitous convictions where “it is immaterial 

which . . . conviction remained”); and 

B. In light of the parties’ joint motion for remand, conduct any and all 

proceedings necessary to resentence Mr. Briscoe on the three remaining 

convictions under criminal history category IV. 

The Clerk is directed to issue the mandate forthwith. 

Entered for the Court 

Per Curiam
##### 



EXHIBIT 15 [Ernst & Young Letterhead] May 4, 2004 The Trustee
Williams Coal Seam Gas Royalty Trust We are aware of the incorporation by reference in the Registration Statement
(Form S-3, No. 333-70394-01) of the Williams Coal Seam Gas Royalty Trust for
the registration of 3,568,791 trust units of beneficial interest, of our report
dated May 4, 2004 relating to the unaudited condensed interim financial
statements of the Williams Coal Seam Gas Royalty Trust that are included in its
Form 10-Q for the quarter ended March 31, 2004. Very truly yours, /s/ Ernst & Young LLP
#### In the Matter of Emma Gillis, Appellant, and John Gillis, Claimant, against City of New York, Respondent.

No opinion. Holán, P. J., Johnston, Adel, Sneed and Mac-Crate, JJ., concur.
#### § 4.1293 Answer.

Any person served with a copy of the petition shall have 30 days from service of the petition within which to file an answer to such petition.
```

[House Report 106-797]
[From the U.S. Government Publishing Office]

106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-797

======================================================================

 
WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT TO ACCOMPANY H.R. 
         4516, THE LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2001

                                _______
                                

                 July 27, 2000.--Ordered to be printed

                                _______
                                

    Mr. Linder, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 565]

    The Committee on Rules, having had under consideration 
House Resolution 565, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                summary of provisions of the resolution

    The resolution provides for the consideration of the 
conference report to accompany H.R. 4516, the Legislative 
Branch Appropriations Act, 2001. The rule waives all points of 
order against the conference report and against its 
consideration. The rule further provides that the conference 
report shall be considered as read.

                            committee votes

    Pursuant to clause 3(b) of House rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee record vote No. 118

    Date: July 27, 2000 (Legislative day of July 26, 2000).
    Measure: Conference Report to Accompany H.R. 4516, The 
Legislative Branch Appropriations Act, 2001.
    Motion By: Mr. Goss.
    Summary of Motion: To report the resolution.
    Results: Adopted 8 to 2.
    Vote by Member: Goss--Yea; Linder--Yea; Diaz-Balart--Yea; 
Hastings--Yea; Myrick--Yea; Sessions--Yea; Reynolds--Yea; 
Moakley--Nay; Frost--Nay; Dreier--Yea.

                                  

```
Exhibit 4.476

 

/Emblem of the Russian Federation/

 

FEDERAL SERVICE FOR SUPERVISION IN THE SPHERE OF COMMUNICATIONS, INFORMATION TECHNOLOGY AND MASS MEDIA

 

LICENSE

 

No. 186311 dated April 11, 2021

 

For Rendering

 

Data transmission services for voice

 

This License is granted to

 

Public Joint Stock Company

 

Mobile TeleSystems

 

Primary State Registration Number of a Legal Entity 
 (Individual Entrepreneur) (OGRN, OGRNIP)

 

1027700149124

 

Tax Identification Number (TIN)

 

7740000076

 











 

Location address (place of residence):

 

4, Marksistskaya str., Moscow, 109147

 

The territory covered by telecommunications services is specified in the Appendix.

 

This License is granted for a term:

 

until April 11, 2026.

 

This License is granted by decision of the licensing body - Order dated December 29, 2020 No. 575-рчс

 

Appendix being an integral part of this license is executed on 2 sheets.

 

	
Deputy Head
    	
/signature/   O.А. Terlyakov
    
	
 
    	
 
    
	
Stamp here
    	
 
    
	
Official   seal:
    	
 
    
	
MINISTRY OF TELECOM AND   MASS
   COMMUNICATIONS
    	
 
    
	
OF THE RUSSIAN   FEDERATION
    	
 
    
	
FEDERAL SERVICE FOR   SUPERVISION
   IN THE SPHERE
    	
 
    
	
OF   COMMUNICATIONS, INFORMATION
   TECHNOLOGY
    	
 
    
	
AND MASS MEDIA
    	
 
    
	
PSRN 1087746736296
    	
 
    


 

CN 123296
§ 41.520 Job classification and structure. A recipient shall not: ( a ) Classify a job as being for males or for females;
( b ) Maintain or establish separate lines of progression, seniority lists, career ladders, or tenure systems based on sex; or
( c ) Maintain or establish separate lines of progression, seniority systems, career ladders, or tenure systems for similar jobs, position descriptions, or job requirements that classify persons on the basis of sex, unless sex is a bona fide occupational qualification for the positions in question as set forth in § 41.550.
Third Department,

March, 1948.

(March 24, 1948.)

#### In the Matter of Grandview Dairy, Inc., Petitioner, against C. Chester Du Mond, as Commissioner of Agriculture and Markets of the State of New York, Respondent.

*922Memorandum by the Court. Review by petitioner of a determination made by the Commissioner of Agriculture and Markets under article 78 of the Civil Practice Act denying its application to build an additional plant at Dundee, New York.

Petitioner already has in operation five milk plants in this State. Its application for a further extension to a sixth area was denied on the ground that the commissioner is not satisfied that the granting of such permission would not tend to a destructive competition in a market already adequately served or that it would be in the public interest.

Determination confirmed, with $50 costs and disbursements.

Hill, P. J.

(dissenting). Petitioner sought leave to erect, equip and operate a milk receiving plant at Dundee, New York. The application was denied by the commissioner; the findings of fact contained this conclusion: " The Commissioner is not satisfied that the erection and operation of a new milk plant at Dundee would not tend to a destructive competition or that it would be in the public interest.” There is no suggestion that the granting of the application would oversupply customers in the city of New York served by petitioner. The whole theory of the decision is that it would create ■ competition among the buyers of milk in Yates County. The Mayor of Dundee, the Senator from that district and other citizens recite and testify to the need for this additional market for milk producers in the area. The milk marketing law was enacted following an investigation by a legislative committee concerning "the cause of the decline of the price of milk to the producers and the resultant effect of the low prices upon the dairy industry ”. The Legislature was interested in the welfare of milk producers rather than milk dealers. The commissioner’s efforts under the statute should be directed to the end that the producers’ market be increased and not curtailed and limited.

The determination should be annulled, with costs.

Heffernan, Foster, Russell and Deyo, J.T., concur in Memorandum by the Court; Hill, P. J., dissents in a memorandum.

Determination confirmed, with $50 costs and disbursements.
#### Southern Dutchess Gas and Electric Company, Respondent, v. Harry E. Murphey and Others, Appellants.

(Appeal No. 1.)

Orders affirmed, with ten dollars costs and disbursements. No opinion. Jenks, P. J., Burr, Thomas, Carr and Rich, JJ., concurred.
PUBLIC LAW 109–11—MAY 5, 2005 119 STAT. 229

LEGISLATIVE HISTORY—H.J. Res. 19:

CONGRESSIONAL RECORD, Vol. 151 (2005):

Apr. 19, considered and passed House.

Apr. 28, considered and passed Senate.

Æ

Public Law 109–11

109th Congress

Joint Resolution

Providing for the appointment of Shirley Ann Jackson as a citizen regent of the

Board of Regents of the Smithsonian Institution.

Resolved by the Senate and House of Representatives of the

United States of America in Congress assembled, That in accordance

with section 5581 of the Revised Statutes of the United States

(20 U.S.C. 43), the vacancy on the Board of Regents of the Smithsonian Institution, in the class other than Members of Congress,

occurring by reason of the expiration of the term of Hanna H.

Gray of Illinois on April 13, 2005, is filled by the appointment

of Shirley Ann Jackson of New York. The appointment is for a

term of 6 years, beginning on the later of April 14, 2005, or the

date of the enactment of this joint resolution.

Approved May 5, 2005.

Effective date.

May 5, 2005

[H.J. Res. 19]
<TABLE> <S> <C>


<ARTICLE>             5
<LEGEND>
                      This  schedule  contains  summary  financial   information
                      extracted  from Claire  Technologies,  Inc.  September 30,
                      1997 financial statements and is qualified in its entirety
                      by reference to such financial statements
</LEGEND>

       
<S>                              <C>
<PERIOD-TYPE>                    9-MOS
<FISCAL-YEAR-END>                DEC-31-1997
<PERIOD-END>                     SEP-30-1997

<CASH>                                       993
<SECURITIES>                                 0
<RECEIVABLES>                                0
<ALLOWANCES>                                 0
<INVENTORY>                                  0
<CURRENT-ASSETS>                             70,993
<PP&E>                                       30,147
<DEPRECIATION>                               (8,571)
<TOTAL-ASSETS>                               92,569
<CURRENT-LIABILITIES>                        20,294
<BONDS>                                      0
<PREFERRED-MANDATORY>                        0
<PREFERRED>                                  0
<COMMON>                                     3,319
<OTHER-SE>                                   68,956
<TOTAL-LIABILITY-AND-EQUITY>                 92,569
<SALES>                                      0
<TOTAL-REVENUES>                             0
<CGS>                                        0
<TOTAL-COSTS>                                0
<OTHER-EXPENSES>                             129,810
<LOSS-PROVISION>                             0
<INTEREST-EXPENSE>                           27,516
<INCOME-PRETAX>                              (157,326)
<INCOME-TAX>                                 0
<INCOME-CONTINUING>                          (157,326)
<DISCONTINUED>                               0
<EXTRAORDINARY>                              0
<CHANGES>                                    0
<NET-INCOME>                                 (157,326)
<EPS-PRIMARY>                                (.06)
<EPS-DILUTED>                                (.06)
        



</TABLE>
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 13

- 11228 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v. RAUL SANCHEZ

- PEREZ , Defendant

- Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 6:13

- CR

- 39

- 1

Before WIENER, OWEN, and HAYNES, Circuit Judges. PER CURIAM: * Defendant

- Appellant Raul Sanc h ez - Perez pleaded guilty to illegal reentry following deportation i n violation of 8 U.S.C. § 1326. The district court sentenced Sanchez

- Perez w ithin the guidelines range to 50 months of imprisonment, to be followed by three years of supervised release. For the fir st time on appeal, Sanchez

- Perez argues that the district court erred in imposing a term of supervised release in a case involving a deportable alien without

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set f orth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED June 10, 2014 Lyle W. Cayce Clerk Case: 13-11228 Document: 00512658048 Page: 1 Date Filed: 06/10/2014No. 13

- 11228 providing fact

- specific reasons for its decision to d eviate from U.S.S.G. § 5D1.1(c)’ s recommendat ion that supervised release not be imposed in such circumstances. We review this argument for plain error. See United States v. Dominguez

- Alvarado , 695 F .3d 324, 327

- 28 (5th Cir. 2012). The district court retains the discretion to impose supervised rel ease in “uncommon cases [involving a deportable alien] where added deterrence and protection are needed.” Id. at 329. In sentencing Sanchez

- Perez, the district court specifically stated that supervised release was imposed as an additional potential sanct ion should Sanchez

- Perez attempt to return illegally. Consequently, Sanchez

- Perez has shown no plain error on the part of the district court in imposing a term of supervised release. See id. at 329

- 30; see also United States v. Becerril

- Pena , 714 F.3d 347 , 349

- 51 (5th Cir. 2013). The judgment of the district court is AFFIRMED.

2 Case: 13-11228 Document: 00512658048 Page: 2 Date Filed: 06/10/2014
### §3501. Collection and payment of taxes

#### (a) General rule

The taxes imposed by this subtitle shall be collected by the Secretary and shall be paid into the Treasury of the United States as internal-revenue collections.

#### (b) Taxes with respect to non-cash fringe benefits

The taxes imposed by this subtitle with respect to non-cash fringe benefits shall be collected (or paid) by the employer at the time and in the manner prescribed by the Secretary by regulations.

(Aug. 16, 1954, ch. 736, 68A Stat. 471; Pub. L. 94–455, title XIX, §1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 98–369, div. A, title V, §531(d)(5), July 18, 1984, 98 Stat. 885.)

#### **Editorial Notes**

#### Amendments

1984—Pub. L. 98–369 designated existing provisions as subsec. (a), added heading, and added subsec. (b).

1976—Pub. L. 94–455 struck out "or his delegate" after "Secretary".

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

#### Effective Date of 1984 Amendment

Amendment by Pub. L. 98–369 effective Jan. 1, 1985, see section 531(h) of Pub. L. 98–369, set out as an Effective Date note under section 132 of this title.
EXHIBIT 31.1  CERTIFICATION  I, Keith Berman, certify that:  1. I have reviewed this report on Form 10-K of InstaCare Corp.;  2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;  3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this annual report;  4. I am responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the registrant and have:  a. Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under my supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to me by others within those entities, particularly during the period in which this report is being prepared;  b. Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under my supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles;  c. Evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report my conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and  d. Disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants fourth fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and  5. I have disclosed, based on my most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of the registrants board of directors (or persons performing the equivalent functions):  a. All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; and  b. Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal control over financial reporting.  Date: April 15, 2011  /s/ Keith Berman Keith Berman Principal Executive Officer and Principal Financial Officer
II 

117TH CONGRESS 

2D SESSION S. 4948 

To allow States to authorize State and local law enforcement officers to 

enforce the provisions of Federal immigration law relating to unlawful 

entry into the United States. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 27, 2022 

Mr. HAWLEY introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To allow States to authorize State and local law enforcement 

officers to enforce the provisions of Federal immigration 

law relating to unlawful entry into the United States. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Empowering States 

5 to Deport Illegal Immigrants Act’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 4948 IS

1 SEC. 2. AUTHORIZATION OF STATE AND LOCAL LAW EN2 FORCEMENT OFFICERS TO ENFORCE CER3 TAIN FEDERAL IMMIGRATION LAWS. 

4 (a) IN GENERAL.—States may authorize State and 

5 local law enforcement officers to enforce provisions of Fed6 eral immigration law that prohibit the unlawful entry into 

7 the United States, including sections 271 through 280 of 

8 the Immigration and Nationality Act (8 U.S.C. 1321 

9 through 1330). 

10 (b) EFFECT OF AUTHORIZATION ON SUPREME

11 COURT RULING.—Subsection (a) effectively abrogates the 

12 2012 decision of the Supreme Court in Arizona v. United 

13 States (567 U.S. 387). 

14 (c) PROSECUTION AUTHORITY.—Notwithstanding 

15 any other provision of law, State prosecutors are author16 ized to initiate prosecutions for violations of Federal immi17 gration law referred to in subsection (a) in a United States 

18 District Court that has jurisdiction over— 

19 (1) the place at which any such violation oc20 curred; or 

21 (2) the place at which the person charged for 

22 any such violation is apprehended. 

23 (d) CONFORMING AMENDMENT.—Section 279 of the 

24 Immigration and Nationality Act (8 U.S.C. 1329) is 

25 amended— 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 4948 IS

1 (1) by inserting ‘‘, or by a State prosecutor 

2 pursuant to section 2(c) of the Empowering States 

3 to Deport Illegal Immigrants Act,’’ before ‘‘that 

4 arise’’; and 

5 (2) by inserting ‘‘It shall be the duty of the 

6 State prosecutor of the appropriate State to pros7 ecute every such suit when brought by a State.’’ 

8 after ‘‘United States.’’ 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
Exhibit 4.459

 

/Emblem of the Russian Federation/

 

FEDERAL SERVICE FOR SUPERVISION IN THE SPHERE OF COMMUNICATIONS, INFORMATION TECHNOLOGY AND MASS MEDIA

 

LICENSE

 

No. 183417 dated July 16, 2020

 

For Rendering

 

Mobile radio telephone communication services in the allocated telecommunications network

 

This License is granted to

 

Public Joint Stock Company

 

Mobile TeleSystems

 

Primary State Registration Number of a Legal Entity 
 (Individual Entrepreneur) (OGRN, OGRNIP)

 

1027700149124

 

Tax Identification Number (TIN)

 

7740000076

 











 

Location address (place of residence):

 

4, Marksistskaya str., Moscow, 109147

 

The territory covered by telecommunications services is specified in the Appendix.

 

This License is granted for a term:

 

until July 16, 2025.

 

This License is granted by decision of the licensing body - Order dated July 16, 2020 No. 295-pчc

 

Appendix being an integral part of this license is executed on 2 sheets.

 

	
Deputy Head
    	
/signature/ O.A.   Terlyakov
    
	
 
    	
 
    
	
Stamp   here
    	
 
    
	
Official seal:
    	
 
    
	
MINISTRY OF TELECOM AND MASS
    	
 
    
	
COMMUNICATIONS
    	
 
    
	
OF THE RUSSIAN FEDERATION
    	
 
    
	
FEDERAL SERVICE FOR SUPERVISION
    	
 
    
	
IN THE SPHERE
    	
 
    
	
OF COMMUNICATIONS, INFORMATION
    	
 
    
	
 TECHNOLOGY
    	
 
    
	
AND MASS MEDIA
    	
 
    
	
PSRN 1087746736296
    	
 
    


 

CN 120455