alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* This order and judgment is not binding precedent, except under the

doctrines of law of the case, res judicata, and collateral estoppel. The court

generally disfavors the citation of orders and judgments; nevertheless, an order

and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3. 

F I L E D

United States Court of Appeals

Tenth Circuit

SEP 22 1998

PATRICK FISHER

Clerk

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

VINCENT JAMES ZURLA,

Petitioner-Appellant,

v.

TIM LEMASTER, Warden;

ATTORNEY GENERAL STATE

OF NEW MEXICO,

Respondents-Appellees.

No. 98-2008

(D.C. No. CIV-97-841-JP/LFG)

(D. N.M.)

ORDER AND JUDGMENT *

Before PORFILIO , KELLY , and HENRY , Circuit Judges.

After examining petitioner’s brief and the appellate record, this panel has

determined unanimously that oral argument would not materially assist the

determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The

case is therefore ordered submitted without oral argument.
-2-

Petitioner, a prisoner of the State of New Mexico appearing pro se, appeals

from the district court’s denial of his petition for writ of habeas corpus filed

pursuant to 28 U.S.C. § 2254. The district court also denied a certificate of

appealability. 

Before petitioner may proceed on appeal, he must secure a certificate of

appealability from this court. See id. § 2253(c)(1)(A). Raising the same issues

he raised in the district court, petitioner argues that this court should grant a

certificate of appealability because: (1) the State’s failure to file an amended

supplemental information charging him as a habitual offender deprived him of

due process; (2) the State violated the plea agreement by failing to give him the

benefit of one less habitual offender enhancement; (3) the eight-and-one-half

months’ delay between his probation violation arraignment and the probation

violation hearing violated due process; and (4) his counsel at the probation

violation hearing was ineffective because counsel failed to preserve issues for

appeal and failed to properly prepare for the probation violation hearing. 

Upon consideration of the record and petitioner’s brief, we conclude

petitioner has failed to make “a substantial showing of the denial of a

constitutional right.” Id. § 2253(c)(2). We DENY petitioner’s request for a

certificate of appealability for substantially the reasons stated by the magistrate

judge in his findings and recommended disposition filed September 12, 1997, and
-3-

adopted by the district court on December 23, 1997. The appeal is DISMISSED. 

The mandate shall issue forthwith. 

Entered for the Court

Paul J. Kelly, Jr.

Circuit Judge
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

DWAYNE ROBERTS,

Appellant,

v.

THE STATE OF TEXAS,

Appellee. §

§

§

§

§

§ No. 08

- 12

- 00112

- CR

Appeal from the

346 th District Court

of El Paso County, Texas

(TC# 20090D05559)

J U D G M E N T

The Court has considered this cause on the record and concludes there was no error in the

judgment. We therefore affirm the judgment of the court below. This decision shall be certified

below for observance.

IT IS SO ORDERED THIS 16TH DAY OF APRIL, 2014.

GUADALUPE RIVERA, Justice

Before McClure, C.J., Rivera, and Rodriguez, JJ.
### §12741. Authority

The Secretary is authorized to make funds available to participating jurisdictions for investment to increase the number of families served with decent, safe, sanitary, and affordable housing and expand the long-term supply of affordable housing in accordance with provisions of this part.

(Pub. L. 101–625, title II, §211, Nov. 28, 1990, 104 Stat. 4096.)
FILED U.S. COURT OF AP P EALS E LEVEN T HC IRC UIT AUG 28 , 2006 THOMAS K. KAH

N CLERK [ DO NO T P UB L I S H] I N THE UN I TE D STATE S C OU RT OF APPE ALS F O R T H E E L E V E N T H C IR C U IT

________________________ N o. 05- 17059 N on -A rgum entC al endar

________________________ A ge nc yN o. A 95- 895- 148 C L A R A M A R I A D E L O S A N G E L E S S E G U R A S I L V A , P e titio n e r , v ersu s U .S . A T T O RN E Y G E N E R A L , R e s p o n d e n t.

________________________ P e t i t i on f orR e vi e w of

aD e c i s i on of

the B o a r d o f I m m ig r a tio n A p p e a ls

_________________________ ( A u gu s t 28, 2006) B efo re T JO F L A T , A N D E R S O N an d B IR C H , C i rcu i tJu d g es. P E R C U R I A M:Silv a alsoc ontend s th at th eIJ er re d in findingthat sh edid

no t e sta bli shpa st 1 perse cution or a w ell-founde d fea r of f uture persecution . 2 In thi s c as e, an Im m i grat i on Judg e ( “ IJ ”) ordered C l ar a M ar i a S egura S i l va, an a tiv e a n d c itiz e n o f

C o lu m b ia , S .A ., r e m o v e d f r o m th e U n ite d S ta te s to C ol um bi a , a nd the B oa r d of I m m i gr a t i on ( “ B I A ” ) a f f i rm e d the I J ’ s de c i s i on. S i l va th e r e a f te rm o v e d th e B I A to r e c o n s id e rits d e c is io n . T h e B I A d e n ie d h e rm o tio n . S ilv an o w p e titio n s th is c o u rt to r e v ie w th e B I A ’s d e n ia l o f h e rm o tio n to re consi der. S he cont ends thatthe B IA erre d i n d enyi ng her m ot i on t o rec on si der b e c au s e it d id n o t e x e r c is e in d e p e n d e n t ju d g m e n t. 1 W e r e vi e w the B I A ’ s de ni a l of am ot i on t o r e c ons i de rf ora n abus e of d is c r e tio n . A s s a ’a d v . U .S . A tto rn e yG e n ., 3 3 2 F .3 d 1 3 2 1 , 1 3 4 1 ( 1 1 th C ir . 2 0 0 3 ) .

“ J udi c i a l r e vi e w of

de ni a l s of

di s c r e t i ona ryr e l i e f

i nc i de ntt o de port a t i on pr oc e e di ngs . . . i s l i m i t e d t o de t e rm i ni ng ‘ w he the rthe r e ha s be e n a n e xe r c i s e of a dm i ni s tr a t i ve di s c r e t i on a nd w he the rthe m a tt e rof e xe r c i s e ha s be e n a rbi tr a ryor c apr i c i ous . ’ ” S e e G a r c i a - M i rv. S m i th, 766 F . 2d 1478, 1490 ( 11th C i r . 1985) ( c ita tio n o m itte d ) ( a d d r e s s in g am o tio n to r e o p e n ) .

“ A m ot i on t o r e c ons i de rs ha l l s t a t e the r e a s ons f orthe m ot i on by s pe c i f

y i ng the e rr or s of

f a c torl a w i n the pr i or[ B I A ] de c i s i on a nd s ha l l be s upport e d by p ert i n en tau th o ri ty. ” 8 C . F . R . § 1 0 0 3 . 2 (b )(1 ). In th i s case, th e B IA d i d n o tab u se3

its d is c r e tio n in d e n y in g S ilv a ’s m o tio n to r e c o n s id e rb e c au s e S ilv af a ile d to s pe c i f y a ny e rr or s of

l aw orf a c ti n the B I A ’ s de c i s i on a nd m e r e l yr e i t e r a t e d the a r g u m e n t s s h e p r e s e n t e d i n ap p e a l i n g th e I J ’ s r e m o v a l o r d e r . Ac c o r d i n g l y , we de ny he rpe t i t i on. P E T I T I ON DE NI E D.
§ 1262.1 Scope, purpose, application, and exemptions. ( a ) *Scope and purpose.* This part, a consumer product safety standard, prescribes the safety requirements for a *subject magnet product,* as defined in § 1262.2(b). These requirements are intended to reduce or eliminate an unreasonable risk of death or injury to consumers who ingest one or more *hazardous magnets* (as defined in § 1262.2(a)) from a *subject magnet product.*
( b ) *Application.* Except as provided in paragraph (c) of this section, all *subject magnet products* that are manufactured after October 21, 2022, are subject to the requirements of this part.
( c ) *Exemption.* The following consumer products are exempt from the requirements of this part: Toys that are subject to 16 CFR part 1250.
#### Eli S. Cohen, Respondent, v. Charles Mizrahi, Appellant.

No opinion. Present — Johnston, Acting P. J., Adel, Sneed, Wenzel and MacCrate, JJ.
§ 312.3 Regulation of unfair or deceptive acts or practices in connection with the collection, use, and/or disclosure of personal information from and about children on the Internet. *General requirements.* It shall be unlawful for any operator of a Web site or online service directed to children, or any operator that has actual knowledge that it is collecting or maintaining personal information from a child, to collect personal information from a child in a manner that violates the regulations prescribed under this part. Generally, under this part, an operator must: ( a ) Provide notice on the Web site or online service of what information it collects from children, how it uses such information, and its disclosure practices for such information (§ 312.4(b));
( b ) Obtain verifiable parental consent prior to any collection, use, and/or disclosure of personal information from children (§ 312.5);
( c ) Provide a reasonable means for a parent to review the personal information collected from a child and to refuse to permit its further use or maintenance (§ 312.6);
( d ) Not condition a child's participation in a game, the offering of a prize, or another activity on the child disclosing more personal information than is reasonably necessary to participate in such activity (§ 312.7); and
( e ) Establish and maintain reasonable procedures to protect the confidentiality, security, and integrity of personal information collected from children (§ 312.8).
### §12706. Certification

The Secretary shall, by regulation or otherwise, as deemed by the Secretary to be appropriate, require any application for housing assistance under subchapter II of this chapter, assistance under the Housing and Community Development Act of 1974, or assistance under the McKinney-Vento Homeless Assistance Act [42 U.S.C. 11301 et seq.], to contain or be accompanied by a certification by an appropriate State or local public official that the proposed housing activities are consistent with the housing strategy of the jurisdiction to be served.

(Pub. L. 101–625, title I, §106, Nov. 28, 1990, 104 Stat. 4091; Pub. L. 106–400, §2, Oct. 30, 2000, 114 Stat. 1675.)

#### **Editorial Notes**

#### References in Text

The Housing and Community Development Act of 1974, referred to in text, is Pub. L. 93–383, Aug. 22, 1974, 88 Stat. 633, as amended. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.

The McKinney-Vento Homeless Assistance Act, referred to in text, is Pub. L. 100–77, July 22, 1987, 101 Stat. 482, which is classified principally to chapter 119 (§11301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 11301 of this title and Tables.

#### Amendments

2000—Pub. L. 106–400 substituted "McKinney-Vento Homeless Assistance Act" for "Stewart B. McKinney Homeless Assistance Act".
### §17505. Presidential report

(a) Summary and Analysis of Agency Statements.—The President shall include with the budget transmitted under section 1105 of title 31 for each fiscal year, or in a separate written report to Congress for that fiscal year, a summary and analysis of the statements most recently submitted by the heads of executive agencies pursuant to section 17504(a) of this title.

(b) Contents of Summary and Analysis.—Each summary and analysis shall include a review, for the fiscal year preceding the fiscal year in which the budget is submitted, the current fiscal year, and the fiscal year for which the budget is submitted, of the cost savings that have been achieved, that are estimated will be achieved, and that could be achieved, in the acquisition, maintenance, leasing, operation, and disposal of motor vehicles by executive agencies through—

(1) the use of a qualified private fleet management firm or another private contractor;

(2) increased reliance by executive agencies on the Interagency Fleet Management System the Administrator of General Services operates; or

(3) other existing motor vehicle management systems.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1284.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 17505 | 40:904. | Pub. L. 99–272, title XV, §15304, Apr. 7, 1986, 100 Stat. 336. |

Section

The text of 40:904(b) is omitted as executed.
Exhibit 32.1

CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Salomon Smith Barney AAA Energy Fund L.P. II (the ‘‘Partnership’’) on Form 10-Q for the period ending September 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the ‘‘Report’’), I, Jerry Pascucci, President and Director of Citigroup Managed Futures LLC, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

(1) The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities         Exchange Act of 1934; and

(2) The information contained in the Report fairly presents, in all material respects, the financial         condition and results of operations of the Partnership.

/s/ Jerry Pascucci
Jerry Pascucci
Citigroup Managed Futures LLC
President and Director

November 14, 2007

---
#### § 303.27 Use of the term “All” or “100%.”

Where a textile fiber product or part thereof is comprised wholly of one fiber, other than any fiber ornamentation, decoration, elastic, or trimming as to which fiber content disclosure is not required, either the word *All* or the term *100%* may be used in labeling, together with the correct generic name of the fiber and any qualifying phrase, when required; as for example: “100% Cotton,” “All Rayon, Exclusive of Ornamentation,” “100% Acetate, Exclusive of Decoration,” “All Nylon, Exclusive of Elastic,” etc.
-

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### SUBCHAPTER VIII—AERONAUTICS AND SPACE TECHNOLOGY
Home > NRC Library > ADAMS Public Documents

# SRM-SECY-15-0012: Denial of Petitions for Rulemaking Requesting to Rescind Regulations that make Generic Determinations about the Envl. Impacts of Severe Reactor Accidents and Accidents Arising from the Onsite Storage of Spent Fuel.

Accession Number: ML15162B067

Date Released: Wednesday, August 12, 2015

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    - ML15162B060 - SRM-SECY-15-0012: Denial of Petitions for Rulemaking Requesting to Rescind Regulations that Make Generic Determinations about the Envl Impacts of Severe Reactor Accidents and Accidents Arising from the Onsite Storage of Spent Fuel. (1 page(s), 6/11/2015)
    - ML15162B066 - SRM-SECY-15-0012; Encl 1:  Federal Register Notice-Denial of Petitions for Rulemaking Requesting to Rescind Regulations that make Generic Determinations about the Envl. impacts of Severe Reactor Accidents and Accidents Arising from the Onsite Storage... (40 page(s), 6/11/2015)

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**EXHIBIT
      32.1**








**CERTIFICATION
      OF CHIEF EXECUTIVE OFFICER**


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


**AS
      ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF
      2002**





I,
      J.
      Leonard Ivins, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant
      to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report
      of
      Edgeline Holdings, Inc. on Form 10-QSB for the quarterly period ended September
      30, 2007, fully complies with the requirements of Section 13(a) or 15(d) of
      the
      Securities Exchange Act of 1934 and that information contained in such Form
      10-QSB fairly presents in all material respects the financial condition and
      results of operations of Edgeline Holdings, Inc.





Date:
      November 19, 2007














By:
      _/s/  J. Leonard Ivins_______


J. Leonard Ivins


Chief Executive Officer
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3598 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3598

  To prohibit fees with respect to electronic benefit transfer debit 
        cards used in connection with unemployment compensation.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            December 7, 2011

    Ms. Clarke of New York introduced the following bill; which was 
              referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
  To prohibit fees with respect to electronic benefit transfer debit 
        cards used in connection with unemployment compensation.

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

SECTION 1. PROHIBITION ON CHARGING FEES IN CONNECTION WITH EBT DEBIT 
              CARDS IN CONNECTION WITH UNEMPLOYMENT COMPENSATION.

    (a) Approval of State Laws.--Paragraph (4) of section 3304(a) of 
the Internal Revenue Code of 1986 is amended by adding at the end the 
following new sentence:
        ``For purposes of this paragraph, expenses of administration 
        includes any fee in connection with the use of electronic 
        benefit transfer debit cards for the payment of unemployment 
        compensation.''.
    (b) Unemployment Fund Definition.--Subsection (f) of section 3306 
of such Code is amended by adding at the end the following flush 
sentence:
``For purposes of this subsection, expenses of administration includes 
any fee in connection with the use of electronic benefit transfer debit 
cards for the payment of unemployment compensation.''.
    (c) Certification.--Section 303(a)(5) of the Social Security Act is 
amended by striking ``and'' at the end and inserting the following: 
``Provided further, That, for purposes of this paragraph, expenses of 
administration includes any fee in connection with the use of 
electronic benefit transfer debit cards for the payment of unemployment 
compensation; and''.
    (d) Effective Date.--In the case of any State, the amendments made 
by this section shall apply with respect to compensation paid for weeks 
which begin after the end of the 1-month period beginning on the last 
day of the first session of the State legislature which begins after 
the date of the enactment of this Act.
                                 <all>
```
### §1320c–10. Annual reports

The Secretary shall submit to the Congress not later than April 1 of each year, a full and complete report on the administration, impact, and cost of the program under this part during the preceding fiscal year, including data and information on—

(1) the number, status, and service areas of all quality improvement organizations participating in the program;

(2) the number of health care institutions and practitioners whose services are subject to review by such organizations, and the number of beneficiaries and recipients who received services subject to such review during such year;

(3) the various methods of reimbursement utilized in contracts under this part, and the relative efficiency of each such method of reimbursement;

(4) the imposition of penalties and sanctions under this title for violations of law and for failure to comply with the obligations imposed by this part;

(5) the total costs incurred under subchapters XVIII and XIX of this chapter in the implementation and operation of all procedures required by such subchapters for the review of services to determine their medical necessity, appropriateness of use, and quality; and

(6) descriptions of the criteria upon which decisions are made, and the selection and relative weights of such criteria.

(Aug. 14, 1935, ch. 531, title XI, §1161, as added Pub. L. 97–248, title I, §143, Sept. 3, 1982, 96 Stat. 392; amended Pub. L. 112–40, title II, §261(a)(2)(C), Oct. 21, 2011, 125 Stat. 423.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 1320c–10, act Aug. 14, 1935, ch. 531, title XI, §1161, as added Oct. 30, 1972, Pub. L. 92–603, title II, §249F(b), 86 Stat. 1440, related to giving of notice to a practitioner or provider by a Professional Standards Review Organization immediately after taking certain action or making certain determinations, prior to the general revision of this part by Pub. L. 97–248.

#### Amendments

2011—Par. (1). Pub. L. 112–40 substituted "quality improvement" for "utilization and quality control peer review".

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

#### Effective Date of 2011 Amendment

Amendment by Pub. L. 112–40 applicable to contracts entered into or renewed on or after Jan. 1, 2012, see section 261(e) of Pub. L. 112–40, set out as a note under section 1320c of this title.

#### Performance of Professional Standards Review Organizations; Report to Congress

Pub. L. 97–35, title XXI, §2112(a)(2)(D), Aug. 13, 1981, 95 Stat. 793, provided that the Secretary of Health and Human Services, not later than September 30, 1982, was to report to the Congress on his assessment (under former section 1320c–3(g) of this title) of the relative performance of Professional Standards Review Organizations and on any determinations made not to renew agreements with such Organizations on the basis of such performance.