alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §11271. Assistance to potential grantees

The Secretary shall provide informational assistance to potential grantees interested in establishing runaway and homeless youth centers and transitional living youth projects.

(Pub. L. 93–415, title III, §380, formerly §315, as added Pub. L. 98–473, title II, §655(2), Oct. 12, 1984, 98 Stat. 2124; renumbered §341 and amended Pub. L. 100–690, title VII, §7273(a), (e)(2), Nov. 18, 1988, 102 Stat. 4454, 4455; renumbered §371, Pub. L. 102–586, §3(g)(1)(B)(ii), Nov. 4, 1992, 106 Stat. 5022; renumbered §380 and amended Pub. L. 106–71, §3(j), (q), Oct. 12, 1999, 113 Stat. 1038, 1042.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 5714a of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

#### Amendments

1999—Pub. L. 106–71, §3(j), struck out at end: "Such assistance shall consist of information on—

"(1) steps necessary to establish a runaway and homeless youth center or transitional living youth project, including information on securing space for such center or such project, obtaining insurance, staffing, and establishing operating procedures;

"(2) securing local private or public financial support for the operation of such center or such project, including information on procedures utilized by grantees under this subchapter; and

"(3) the need for the establishment of additional runaway and homeless youth centers in the geographical area identified by the potential grantee involved."

1988—Pub. L. 100–690, §7273(a)(1), inserted "and transitional living youth projects" after "homeless youth centers" in introductory provisions.

Par. (1). Pub. L. 100–690, §7273(a)(2), (3), inserted "or transitional living youth project" after "homeless youth center" and "or such project" after "such center".

Par. (2). Pub. L. 100–690, §7273(a)(3), inserted "such project" after "such center".

Par. (3). Pub. L. 100–690, §7273(a)(4), inserted "and homeless" after "runaway".

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

#### Effective Date of 1988 Amendment

Amendment by Pub. L. 100–690 effective Oct. 1, 1988, see section 7296(a) of Pub. L. 100–690, set out as a note under section 11101 of this title.

#### Effective Date

Section effective Oct. 12, 1984, see section 670(a) of Pub. L. 98–473, set out as an Effective Date of 1984 Amendment note under section 11101 of this title.
1

The Honorable Linda R. Reade, Chief Judge, United States District Court for

the Northern District of Iowa.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 06-4126

___________

United States of America, *

*

Appellee, *

* Appeal from the United States

v. * District Court for the

* Northern District of Iowa.

Robert Bailey, *

* [UNPUBLISHED]

Appellant. *

___________

Submitted: August 28, 2007

Filed: August 28, 2007

___________

Before WOLLMAN, COLLOTON, and BENTON, Circuit Judges.

___________

PER CURIAM.

Robert Bailey challenges the 169-month prison sentence imposed by the district

court1

 following his guilty plea to possessing and aiding and abetting the possession

of pseudoephedrine, knowing it would be used to manufacture methamphetamine, in

violation of 21 U.S.C. § 841(c)(2). The district court sentenced Bailey within a

Guidelines range that was enhanced based on application of the career offender

Guideline, U.S.S.G. § 4B1.1. On appeal, Bailey argues that the district court erred

when it declined his request for a downward sentencing variance based on the late
-2-

onset of his criminal behavior caused by his addiction to methamphetamine; he argues

that the sentence creates unwarranted sentencing disparities. We reject these

arguments and affirm. 

This court reviews the sentence for abuse of discretion, see United States v.

Long Soldier, 431 F.3d 1120, 1123 (8th Cir. 2005), and applies a presumption of

reasonableness to a sentence imposed within the Guidelines range, see Rita v. United

States, 127 S. Ct. 2456, 2462 (2007); United States v. Shields, No. 06-3573, 2007 WL

2301911, at *5 (8th Cir. Aug. 14, 2007). The application of the career offender

Guideline was not a matter left to the district court’s discretion, see United States v.

Berni, 439 F.3d 990, 992 (8th Cir.) (per curiam), cert. denied, 126 S. Ct. 2946 (2006),

and Bailey’s sentence is comparable to sentences imposed on others who have similar

records and are deemed career offenders, see United States v. Plaza, 471 F.3d 876,

880 (8th Cir. 2006) (in evaluating potential disparity, court must compare defendants

with similar records). 

Upon careful review, we conclude that the district court did not fail to consider

a relevant factor that should have received significant weight, did not give significant

weight to an improper or irrelevant factor, and did not commit a clear error of

judgment. See Long Soldier, 431 F.3d at 1123 (defining abuse of discretion); cf.

United States v. Lee, 454 F.3d 836, 839 (8th Cir. 2006) (drug abuse and age are not

proper reasons to impose downward variance absent exceptional circumstances such

as infirmity).

Accordingly, the judgment is affirmed. 

______________________________
### §22. Printing of papers filed

The Director may require papers filed in the Patent and Trademark Office to be printed, typewritten, or on an electronic medium.

(July 19, 1952, ch. 950, 66 Stat. 795; Pub. L. 93–596, §1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 106–113, div. B, §1000(a)(9) [title IV, §§4732(a)(10)(A), 4804(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582, 1501A–589; Pub. L. 107–273, div. C, title III, §13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906.)

#### Historical and Revision Notes

Based on Title 35, U.S.C., 1946 ed., §12 (R.S. 488).

Language is changed and "or typewritten" is added after "printed".

#### **Editorial Notes**

#### Amendments

2002—Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113, §1000(a)(9) [title IV, §4732(a)(10)(A)]. See 1999 Amendment note below.

1999—Pub. L. 106–113, §1000(a)(9) [title IV, §4804(a)], substituted "printed, typewritten, or on an electronic medium" for "printed or typewritten".

Pub. L. 106–113, §1000(a)(9) [title IV, §4732(a)(10)(A)], as amended by Pub. L. 107–273, substituted "Director" for "Commissioner".

1975—Pub. L. 93–596 substituted "Patent and Trademark Office" for "Patent Office".

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

#### Effective Date of 1999 Amendment

Amendment by section 1000(a)(9) [title IV, §4732(a)(10)(A)] of Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, §4731] of Pub. L. 106–113, set out as a note under section 1 of this title.

#### Effective Date of 1975 Amendment

Amendment by Pub. L. 93–596 effective Jan. 2, 1975, see section 4 of Pub. L. 93–596, set out as a note under section 1111 of Title 15, Commerce and Trade.
Lease



 EXHIBIT 10.14 
  
 FRITH CONSTRUCTION COMPANY, INC. P.O. DRAWER 5028, MARTINSVILLE, VIRGINIA 24115 
 TELEPHONE 276/632-7241 
 FAX 276/632-1263

  
 [FRITH CONSTRUCTION 
 COMPANY, INC. 
 LOGO APPEARS HERE] 
  
 September 26,
2003 
  
 VIA FAX 632-0026 
  
 Mr. Doug Williams 
 Hooker Furniture Corporation 
 P. O. Box 4708 
 Martinsville, VA 24115 
  
 Dear Doug: 
  
 Please use this letter to confirm our agreement that Hooker Furniture Corporation will lease our 150,000 square foot building known as Frith
3 at a rental rate of 18 cents per square foot per month, or $27,000.00, for a term that ends December 31, 2005. 
  
 It is understood that Hooker Furniture will not be changed any rent until January, 2004, with rent due January 1, 2004. It is agreed that Hooker will pick up all
utilities and their costs starting October 1, 2003 as well as inside and outside maintenance tasks with the exception of pavement repairs, roof and any major systems. 
  
 If you have any questions, please give me a call. 
  

			
	Sincerely,
	
	/s/    James B. Frith, Jr.
	

	James B. Frith, Jr.
	President & COO


  
 JBF, Jr./bc
###### Editorial Note on Part 352

#### Editorial Note:

Nomenclature changes to part 352 appear at 69 FR 2050, Jan. 13, 2004.

#### § 352.506 Application for reinstatement.

An employee who desires reinstatement shall apply for reinstatement, in writing, no later than 30 days after his appointment under authority of section 233(d) or section 625(b) of the Act is terminated, unless arrangement has been made for his reinstatement without a break in service under § 352.505(b).

[36 FR 13897, July 28, 1971]
§ 724.402 Best practices study. ( a ) OPM will conduct a comprehensive study in the executive branch to identify best practices for taking appropriate disciplinary actions against Federal employees for conduct that is inconsistent with Federal Antidiscrimination and Whistleblower Protection Laws.
( b ) The comprehensive study will include a review of agencies' discussions of their policies for taking such disciplinary actions as reported under § 724.302 of subpart C of this part.
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1935 Introduced in House (IH)]

108th CONGRESS
  1st Session
                                H. R. 1935

To amend title 38, United States Code, to provide housing loan benefits 
      for the purchase of residential cooperative apartment units.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 1, 2003

Mrs. Maloney (for herself, Mr. Quinn, Mr. Serrano, Mrs. McCarthy of New 
 York, Mr. Fossella, Mr. Engel, Mr. Owens, Mr. Rush, Mr. Sanders, Mr. 
 Gutierrez, Mr. Cummings, Mr. Hoeffel, Mrs. Jones of Ohio, Mr. Holden, 
Ms. McCollum, Ms. Corrine Brown of Florida, Mr. Conyers, Mr. Grijalva, 
 Mr. Gillmor, Ms. Woolsey, Mr. Bishop of Georgia, Ms. Schakowsky, Mr. 
Frost, and Mr. Wynn) introduced the following bill; which was referred 
                 to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
To amend title 38, United States Code, to provide housing loan benefits 
      for the purchase of residential cooperative apartment units.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Housing Fairness Act of 
2003''.

SEC. 2. RESIDENTIAL COOPERATIVE HOUSING UNITS.

    (a) Housing Benefits for Cooperative Apartment Units.--Section 
3710(a) of title 38, United States Code, is amended by adding at the 
end the following new paragraph:
            ``(12) To purchase stock or membership in a development, 
        project or structure of a cooperative housing corporation in 
        accordance with subsection (h).''.
    (b) Conditions of Housing Benefits for Cooperative Apartment 
Units.--Section 3710 of such title is amended by adding at the end the 
following new subsection:
    ``(h)(1) A loan may not be guaranteed under subsection (a)(12) 
unless the following conditions are met:
            ``(A) The development, project or structure of the 
        cooperative housing corporation complies with such criteria as 
        the Secretary prescribes in regulations.
            ``(B) The dwelling unit, that the purchase of stock or 
        membership in the development, project or structure of the 
        cooperative housing corporation entitles the purchaser to 
        occupy, is a one-family residential unit.
    ``(2) For the purposes of this subsection, the term `cooperative 
housing corporation' has the same meaning given such term by section 
216(b)(1) of the Internal Revenue Code of 1986.
    ``(3) For the purposes of applying the term `value of the property' 
to a loan guaranteed under subsection (a)(12), such term means the 
appraised value of the stock or membership entitling the purchaser to 
the permanent occupancy of the dwelling unit in the development, 
project or structure of the cooperative housing corporation.''.
                                 <all>
```
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT
W ILLIAM HER

R O N, Pla i ntiff-Appe lla

nt,
v. PER I & SONS FARM S, INC
. ,

De fe nda n t-Appe l le e . No. 14-16134 D.C . No. 3:13-c v-00075-HDM -VPC
M EM O R ANDUM *

Appe a l from

the Unite d

Stat e s Distric t C ourt for the Distric t of Ne v a da Howa rd D. M c Kibbe n, Distric t Judge , Pre siding Subm itte d Fe brua

ry 9, 2017 ** San Fran c isc o , C a lifornia B e fore : GOODW IN, LEAVY, a nd SILVER

M AN, C irc uit Judge s. W illia m He rron a ppe a ls the distric t c ourt’ s sum m ary judgm e nt in his a c tion
a lle ging tha

t Pe ri & Sons Fa

rm s, Inc ., disc rim inate d a ga inst him by te rm inating his
e m ploy m e nt a s a m a inte na nc e m e c ha

nic and fa iling to a c c om

m odate his ba d ba c k 

# FIL ED FEB 13 2017 M OLLY C. DW Y ER, CLERK U
. S
. CO URT O F APPEALS

* This disposition is not a ppropria te for public a t ion a

nd is not pre c e de nt e xc e pt a s provide d

by Ninth C irc uit R

ule 36-3.

* * The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without ora l a

rgum e nt. Se e Fe d. R . App. P. 34(a )(2).in viola

tion of Am e ric ans with Disa bilitie s Ac t . W e have jurisdic tion unde r 28 U.S.C . § 1291. W e re v ie w de n ovo. Sampe r v . Prov ide nc eSt. Vinc e nt Me d. C tr. , 675 F.3d 1233, 1235 n.1 (9th C ir. 2012). W e a ffirm
. The distric t c ourt prope rly grante d sum

m a ry judgm e nt be c a

use He rron fa ile d to ra ise a ge nuine disputeof m ate ria l fa c t a s to whe the r he wa s “ ‘ a

qua lifie d individua l a

ble to pe rform

the e sse ntia l func tions of thejob with re a sona ble
a c c om m odation.’ ” Id. at 1237 (c ita tion omitte d) (se tting out re quire m e nts for a prim a fa c ie c a se of fa ilure to a c c om m odate ); se e also id. (to de te rm ine whe t he r an individua l is qua lifie d , “ ‘ [t] he c ourt first e x am ine s whe the r the individual sa tisfie s the re quisiteskill, e xpe rie n c e , e duc a t ion, a nd othe r job-re late d re q

uire m e n t s of the position’ ” (c ita

tion omitte d)); Sne ad v . Me tro. Prop. & C a s. Ins. C o. , 237 F.3d 1080, 1087 (9th C ir. 2001) (sa m e re q uire m e nts for a

prim a fa c i e c a se of disa

bility disc rim ination). The re c ord shows tha t the m a inte n anc e m e c ha

nic position for whic h He rron wa s hire d re quire d a c e rtific a te of c om

ple tion or e quiva le nt from a c e rtifie d tra de sc hool. It is undispute d tha t He rron la c ke d a

c e rtific a te of
c om ple t ion from

a c e rtifie d tra de sc hool, a

nd He rron provide d no e vide n c e that his
va rious othe r e xpire d c e rtific a te s de m onstra te d e quiva le nt tra ining. AFFIRM E D.

2
### §662. Organization; compensation of members; rules and regulations of procedure; traveling expenses

Said commission shall organize by the selection of such officers as may be required in the performance of its duties the same to be selected from the members thereof. The members of said commission shall receive no greater compensation than is now allowed by law to each, respectively, as an officer of said Corps of Engineers. It shall also adopt rules and regulations, not inconsistent with law, to govern its deliberations and prescribe the method of procedure under the provisions of this chapter. While traveling on duty the officers of the commission shall receive the mileage allowed by law.

(Mar. 1, 1893, ch. 183, §2, 27 Stat. 507; June 6, 1900, ch. 791, §1, 31 Stat. 631.)

#### **Editorial Notes**

#### Codification

The last sentence of this section is from a provision accompanying an appropriation for the expenses of the Commission in the Sundry Civil Appropriation Act for 1901, which originally read as follows: "So much of the Act of March third, eighteen hundred and ninety-nine, as provides that the members of the California Debris Commission shall receive only actual expenses in lieu of mileage while traveling on duty is hereby repealed, and hereafter the officers of the commission shall receive the mileage allowed by law."

Act Mar. 3, 1899, ch. 424, §1, 30 Stat. 1109, mentioned in said provision, provided that the officers of the Commission traveling on duty might be paid their actual traveling expenses, in lieu of mileage allowed by law, and should thereafter receive no mileage.

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

#### Transfer of Functions

California Debris Commission abolished and functions transferred to Secretary of the Army by Pub. L. 99–662, title XI, §1106, Nov. 17, 1986, 100 Stat. 4229, set out as a note under section 661 of this title.
# L_2016211EN.01002701.xml

| 4.8.2016 | EN | Official Journal of the European Union | L 211/27 |
| --- | --- | --- | --- |

4.8.2016

EN

Official Journal of the European Union

L 211/27

---

DECISION OF THE EEA JOINT COMMITTEE

No 90/2015

of 30 April 2015

amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2016/1273]

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:

| (1) | Commission Regulation (EU) No 1342/2014 of 17 December 2014 amending Regulation (EC) No 850/2004 of the European Parliament and of the Council on persistent organic pollutants as regards Annexes IV and V (1) is to be incorporated into the EEA Agreement. |
| --- | --- |

(1)

Commission Regulation (EU) No 1342/2014 of 17 December 2014 amending Regulation (EC) No 850/2004 of the European Parliament and of the Council on persistent organic pollutants as regards Annexes IV and V (1) is to be incorporated into the EEA Agreement.

| (2) | Annex II to the EEA Agreement should therefore be amended accordingly, |
| --- | --- |

(2)

Annex II to the EEA Agreement should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The following indent is added in point 12w (Regulation (EC) No 850/2004 of European Parliament and of the Council) of Chapter XV of Annex II to the EEA Agreement:

| ‘— | 32014 R 1342: Commission Regulation (EU) No 1342/2014 of 17 December 2014 (OJ L 363, 18.12.2014, p. 67).’ |
| --- | --- |

‘—

32014 R 1342: Commission Regulation (EU) No 1342/2014 of 17 December 2014 (OJ L 363, 18.12.2014, p. 67).’

Article 2

The text of Regulation (EU) No 1342/2014 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on 1 May 2015, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

Done at Brussels, 30 April 2015.

For the EEA Joint Committee

The President

Gianluca GRIPPA

---

(1)  
  OJ L 363, 18.12.2014, p. 67.

1

(*1)  No constitutional requirements indicated.

*1

---
**Exhibit 32.2**

** **

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACTOF 2002**

** **

In connection with the Quarterly Report ofAlamo Group Inc. (the “Company”) on Form 10-Q for the period ended March 31, 2010as filed with the Securities and Exchange Commission on the date hereof (the“Report”), I, Dan E. Malone, Executive Vice President & Chief FinancialOfficer of the Company, certify, pursuant to 18 U.S.C. ss. 1350, as adoptedpursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that:

-  The Form 10-Q fullycomplies with the requirements of section 13 (a) or 15 (d) of the SecuritiesExchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and
-  The informationcontained in the Form 10-Q fairly presents, in all material respects, the financialcondition and results of operations of the Company.

| Date:   May 7, 2010 | /s/ Dan  E. Malone                                      |
|-------------------------------|---------------------------------------------------------|
|                          | Dan  E. Malone                                          |
|                          | Executive  Vice President & Chief Financial Officer |
|                          | (Principal  Financial Officer)                          |
NRC NEWS

 U.S. NUCLEAR REGULATORY COMMISSION 

 Office of Public Affairs Telephone: 301/415-8200

 Washington, D.C. 20555-0001 E-mail: opa@nrc.gov 

Web Site: http://www.nrc.gov

 

No. 06-019 February 8, 2006

 

NRC NAMES OTTO L. MAYNARD

TO ADVISORY COMMITTEE ON REACTOR SAFEGUARDS

The Nuclear Regulatory Commission has appointed Otto L. Maynard to the Advisory

Committee on Reactor Safeguards (ACRS).

Maynard earned his bachelor of science degree in Aeronautical Engineering from Wichita State

University in 1970, and spent 10 years in the aerospace industry before joining Westinghouse at the

Naval Reactors Facility in Idaho. At that facility, Maynard qualified as an instructor on the S1W

Prototype Plant. Later, he joined the staff at the Wolf Creek Generating Station in Kansas where he

held numerous positions including Licensed Senior Reactor Operator, Plant Manager, Chief Nuclear

Office and Chief Executive Officer. 

Currently, Maynard is retired but performs part-time consulting in the nuclear and aviation

sectors. He also participates on the Safety Review and Audit Board (off-site nuclear safety review

committee) for the Cooper Nuclear Station.

The ACRS, authorized by the Atomic Energy Act of 1954, as amended, advises the

Commission on licensing and operation of nuclear power plants, and related safety issues.

OTHER ACRS MEMBERS

• Dr. George E. Apostolakis, Professor, Nuclear Engineering Department, Massachusetts Institute

of Technology, Cambridge, Mass.

• Dr. Mario V. Bonaca, retired Director, Nuclear Engineering Department, Northeast Utilities,

Waterford, Conn.

• Dr. Richard S. Denning, employee of both Battelle Memorial Institute and the Ohio State

University, Columbus, Ohio.

• Dr. Thomas S. Kress, retired Head of Applied Systems Technology Section, Oak Ridge

National Laboratory, Oak Ridge, Tenn.
• Dr. Dana A. Powers, Senior Scientist, Nuclear Facilities Safety Department, Sandia National

Laboratories, Albuquerque, NM.

• Dr. William J. Shack, Associate Director, Energy Technology Division, Argonne National

Laboratory, Argonne, Ill.

• John D. Sieber, retired Senior Vice President, Nuclear Power Division, Duquesne Light

Company, Pittsburgh, Pa.

• Dr. Graham B. Wallis, Professor, Thayer School of Engineering, Dartmouth College, Hanover,

NH.

###