alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-20666 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus SANTOS LEONARDO BARAHONA-GALIAS, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-02-CR-63-1

-------------------- December 12, 2002 Before JOLLY, JONES, and CLEMENT, Circuit Judges. PER CURIAM: * Santos Barahona-Galias appeals the sentence imposed following his guilty plea conviction of being found in the United States after deportation in violation of 8 U.S.C. § 1326. Barahona argues that the “felony” and “aggravated felony” provisions of 8 U.S.C. § 1326(b)(1) and (2) are unconstitutional. Barahona acknowledges that his argument is foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998), butNo. 02-20666 -2- asserts that the decision has been cast into doubt by Apprendi v. New Jersey , 530 U.S. 466, 490 (2000). He seeks to preserve his argument for further review. Apprendi did not overrule Almendarez-Torres
. See Apprendi , 530 U.S. at 489-90; United States v. Dabeit , 231 F.3d 979, 984 (5th Cir. 2000). This court must follow Almendarez-Torres “unless and until the Supreme Court itself determines to overrule it.” Dabeit , 231 F.3d at 984 (internal quotation marks and citation omitted). The judgment of the district court is
AFFIRMED.
1835.016-70 Foreign participation under

broad agency announcements (BAAs).

(a) Policy.

(1) NASA seeks the broadest participation in response to broad agency announcements, including

foreign proposals or proposals including foreign participation. NASA's policy is to conduct research

with foreign entities on a cooperative, no-exchange-of-funds basis (see NPD 1360.2, Initiation and

Development of International Cooperation in Space and Aeronautics Programs). NASA does not

normally fund foreign research proposals or foreign research efforts that are part of U.S. research

proposals. Rather, cooperative research efforts are implemented via international agreements

between NASA and the sponsoring foreign agency or funding/sponsoring institution under which the

parties agree to each bear the cost of discharging their respective responsibilities.

(2) In accordance with the National Space Transportation Policy, use of a non-U.S. manufactured

launch vehicle is permitted only on a no-exchange-of-funds basis.

(3) NASA funding may not be used for subcontracted foreign research efforts. The direct purchase of

supplies and/or services, which do not constitute research, from non-U.S. sources by U.S. award

recipients is permitted.

Parent topic: PART 1835—RESEARCH AND DEVELOPMENT CONTRACTING
§ 18.7 Report of violation by a former employee. ( a ) If an officer or employee of the Department has reason to believe that a former officer or employee of the Department has violated any provision of this part, or if any such officer or employee receives information to that effect, he/she shall promptly make a written report thereof, which report or a copy thereof shall be forwarded to the Director General. If any other person has information of such violations, he/she may make a report thereof to the Director General or to any officer or employee of the Department.
( b ) The Director General shall coordinate proceedings under this part with the Department of Justice in cases where it initiates criminal prosecution.
Editorial Note on Part 217
Editorial Note: Nomenclature changes to part 217 appear at 68 FR 51362, Aug. 26, 2003.

§ 217.23 New construction. ( a ) *Design and construction.* Each facility or part of a facility constructed by, on behalf of, or for the use of a recipient shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by handicapped persons, if the construction was commenced after the effective date of this part.
( b ) *Alteration.* Each facility or part of a facility which is altered by, on behalf of, or for the use of a recipient after the effective date of this part in a manner that affects or could affect the usability of the facility or part of the facility shall, to the maximum extent feasible, be altered in such manner that the altered portion of the facility is readily accessible to and usable by handicapped persons.
( c ) *Conformance with Uniform Federal Accessibility Standards.* ( 1 ) Effective as of January 18, 1991, design, construction, or alteration of buildings in conformance with sections 3-8 of the Uniform Federal Accessibility Standards (USAF) (appendix A to 41 CFR subpart 101-19.6) shall be deemed to comply with the requirements of this section with respect to those buildings. Departures from particular technical and scoping requirements of UFAS by the use of other methods are permitted where substantially equivalent or greater access to and usability of the building is provided.
( 2 ) For purposes of this section, section 4.1.6(1)(g) of UFAS shall be interpreted to exempt from the requirements of UFAS only mechanical rooms and other spaces that, because of their intended use, will not require accessibility to the public or beneficiaries or result in the employment or residence therein of persons with physical handicaps.
( 3 ) This section does not require recipients to make building alterations that have little likelihood of being accomplished without removing or altering a load-bearing structural member.
[45 FR 66415, Oct. 6, 1980, as amended at 55 FR 52138, 52141, Dec. 19, 1990]
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[PROPOSED] ORDER GRANTING PLS’ 3/5/10 ADMINISTRATIVE MOTION TO FILE UNDER SEAL [DKT. NO. 468] 

MASTER FILE NO.: C-08-01510-WHA

sf-2805957 

DARRYL P. RAINS (CA SBN 104802) 

EUGENE ILLOVSKY (CA SBN 117892) 

MORRISON & FOERSTER LLP

755 Page Mill Road 

Palo Alto, California 94304-1018 

Telephone: 650.813.5600 

Facsimile: 650.494.0792 

Email: DRains@mofo.com 

CRAIG D. MARTIN (CA SBN 168195) 

DOROTHY L. FERNANDEZ (CA SBN 184266) 

MORRISON & FOERSTER LLP

425 Market Street 

San Francisco, California 94105-2482 

Telephone: 415.268.7000 

Facsimile: 415.268.7522 

Attorneys for defendants The Charles Schwab Corporation, 

Charles Schwab & Co., Inc., Charles Schwab Investment 

Management, Inc., Schwab Investments, Charles R. Schwab, 

Evelyn Dilsaver, Randall W. Merk, George Pereira, Matthew 

Hastings, Mariann Byerwalter, Donald F. Dorward, William A. 

Hasler, Robert G. Holmes, Gerald B. Smith, Donald R. 

Stephens, and Michael W. Wilsey 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

IN RE CHARLES SCHWAB CORP. 

SECURITIES LITIGATION 

Master File No. C-08-01510-WHA 

CLASS ACTION 

[PROPOSED] ORDER GRANTING 

PLAINTIFFS’ MARCH 5, 2010, 

ADMINISTRATIVE MOTION TO FILE 

UNDER SEAL [DKT. NO. 468] 

 

 Trial date: May 10, 2010 

Case 3:08-cv-01510-WHA Document 557 Filed 04/02/10 Page 1 of 2
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[PROPOSED] ORDER GRANTING PLS’ 3/5/10 ADMINISTRATIVE MOTION TO FILE UNDER SEAL [DKT. NO. 468] 

MASTER FILE NO. C-01510-WHA 1

sf-2805957 

On March 5, 2010, plaintiffs filed an administrative motion to seal certain materials which 

defendants had designated “Confidential.” (See Dkt. No. 468.) Plaintiffs moved to seal the 

portions of Plaintiffs’ Informational Filing Concerning the Misrepresentations and Omissions 

Plaintiffs Will Prove at Trial Filed in Response to the Court’s Order of February 25, 2010 

(“Informational Filing”), which quoted from Schwab’s internal documents and non-public 

testimony provided to the Securities and Exchange Commission (Dkt. No. 467). 

Defendants have filed a declaration in support of maintaining the confidentiality of the 

portions of the Informational Filing that plaintiffs redacted in their filings. 

It is hereby ordered that the redacted portions of plaintiffs’ Informational Filing shall 

remain under seal. 

 IT IS SO ORDERED. 

Dated: _______________, 2010 

HON. WILLIAM H. ALSUP 

UNITED STATES DISTRICT JUDGE 

April 1

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge William Alsup

Case 3:08-cv-01510-WHA Document 557 Filed 04/02/10 Page 2 of 2
### §300gg–7. Prohibition on excessive waiting periods

A group health plan and a health insurance issuer offering group health insurance coverage shall not apply any waiting period (as defined in section 300gg–3(b)(4) of this title) that exceeds 90 days.

(July 1, 1944, ch. 373, title XXVII, §2708, as added and amended Pub. L. 111–148, title I, §1201(4), title X, §10103(b), Mar. 23, 2010, 124 Stat. 161, 892.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 300gg–7, act July 1, 1944, ch. 373, title XXVII, §2707, as added Pub. L. 110–381, §2(b)(1), Oct. 9, 2008, 122 Stat. 4083, which related to coverage of dependent students on medically necessary leave of absence, was renumbered section 2728 of act July 1, 1944, and transferred to section 300gg–28 of this title.

A prior section 2708 of act July 1, 1944, was successively renumbered by subsequent acts and transferred, see section 238g of this title.

#### Amendments

2010—Pub. L. 111–148, §10103(b), struck out "or individual" after "offering group".

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

#### Effective Date

Section effective for plan years beginning on or after Jan. 1, 2014, see section 1255 of Pub. L. 111–148, set out as a note under section 300gg of this title.
[Federal Register Volume 69, Number 243 (Monday, December 20, 2004)]
[Notices]
[Page 75935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27758]


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

DEPARTMENT OF DEFENSE

Office of the Secretary


Submission for OMB Review; Comment Request

ACTION: Notice.

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

    The Department of Defense has submitted to OMB for clearance, the 
following proposal for collection of information under the provisions 
of the Paperwork Reduction Act (44 U.S.C. chapter 35).

DATES: Consideration will be given to all comments received by June 19, 
2005.
    Title, Form, and OMB Number: Militarily Critical Technical Data 
Agreement; DD Form 2345; OMB Control Number 0704-0207.
    Type of Request: Extension.
    Number of Respondents: 6,000.
    Responses Per Respondent: 1,
    Annual Responses: 6,000.
    Average Burden Per Response: 20 minues.
    Annual Burden Hours: 2,000.
    Need and Uses: The information collection requirement is necessary 
as a basis for certifying enterprises or individuals to have access to 
DoD export-controlled militarily critical technical data subject to the 
provisions of 32 CFR Part 250. Enterprises and individuals that need 
access to unclassified DoD-controlled militarily critical technical 
data must certify on DD Form 2345, Militarily Critical Technical Data 
Agreement, that data will be used only in ways that will inhibit 
unauthorized access and maintain the protection afforded by U.S. export 
control laws. The information collection is disclosed only to the 
extent consistent with prudent business practices, current regulations, 
and statutory requirements and is so indicated on the Privacy Act 
Statement of DD Form 2345.
    Affected Public: Business or other for-profit and not-for-profit 
institutions.
    Frequency: On occasion.
    Respondent's Obligation: Required to obtain or retain benefits.
    OMB Desk Officer: Mr. Lewis Oleinick.
    Written comments and recommendations on the proposed information 
collection should be sent to Mr. Oleinick at the Office of Management 
and Budget, Desk Officer for DoD, Room 10236, New Executive Office 
Building, Washington, DC 20503.
    DOD Clearance Officer: Ms. Patricia Toppings.
    Writen requests for copies of the information collection proposal 
should be sent to Ms. Toppings, WHS/ESCD/Information Management 
Division, 1225 South Clark Street, Suite 504, Arlington, VA 22202-4326.

    Dated: December 10, 2004.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 04-27758 Filed 12-17-04; 8:45 am]
BILLING CODE 5001-06-M
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                          49,423
<SECURITIES>                                    15,311
<RECEIVABLES>                                   14,624
<ALLOWANCES>                                       283
<INVENTORY>                                      1,427
<CURRENT-ASSETS>                                85,395
<PP&E>                                           1,923
<DEPRECIATION>                                   2,722
<TOTAL-ASSETS>                                 101,871
<CURRENT-LIABILITIES>                           23,545
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            14
<OTHER-SE>                                      77,520
<TOTAL-LIABILITY-AND-EQUITY>                   101,871
<SALES>                                         49,959
<TOTAL-REVENUES>                                49,959
<CGS>                                           22,792
<TOTAL-COSTS>                                   22,792
<OTHER-EXPENSES>                                24,391
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  5,119
<INCOME-TAX>                                     1,102
<INCOME-CONTINUING>                              4,017
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                    998
<CHANGES>                                            0
<NET-INCOME>                                     4,017
<EPS-BASIC>                                       0.29
<EPS-DILUTED>                                     0.28


</TABLE>
Exhibit 10.2

 

    EXHIBIT
      10.2

    
 

    Performance-Restricted
      Restricted Stock 

    Or
      Restricted Stock Units-Performance Goals - 2006

    


    

      
        	 	 	 
	 	 	 
	 	
                Number
                  of Shares of Restricted 

                Stock
                  or Restricted Stock Units (RSUs)

              
	 	 	 
	
                 

                Performance
                  Goal*

              	
                Holding
                  Co. 

                Directors

              	
                National
                  Penn

                Bank
                  Directors

              
	 	 	 
	 	 	 
	
                Threshold
                  - $1.20 per share

              	
                400

              	
                100

              
	 	 	 
	 	 	 
	
                Market
                  Target - $ 1.33 per share

              	
                800

              	
                200

              
	 	 	 
	 	 	 
	
                NPB
                  Target - $ 1.47-$1.49 per share

              	
                900

              	
                225

              
	 	 	 
	 	 	 
	
                Optimum
                  - $ 1.62 per share

              	
                1,100

              	
                275

              
	 	 	 


      

    

    


    ______________________

     

    *These
      performance goals are consistent with the performance goals
      established
      under
      the National Penn Bancshares, Inc. Executive Incentive Plan.
#### Morris Cohen, Appellant, v. Leah Weitzner, Respondent.

In an action by a vendee to recover the deposit on a real estate sales contract, and for damages for breach of the contract, for failure of the vendor to tender title in accordance with the terms of the contract, plaintiff appeals from an order of the Supreme Court, Kings County, dated March 26, 1962, which denied his motion for summary judgment. Order affirmed, with $10 costs and disbursements. No opinion. Kleinfeld, Acting P. J., Christ, Hill, Rabin and Hopkins, JJ., concur.
EXHIBIT 10.1
                                                                    ------------

               SECOND AMENDMENT TO EXECUTIVE EMPLOYMENT AGREEMENT
                                 BY AND BETWEEN
                   PACIFIC BIOMETRICS INC. AND RONALD R. HELM

     This Second Amendment to Executive Employment Agreement ("Second
Amendment") is entered into by and between Pacific Biometrics, Inc., a Delaware
corporation (the "Company"), and Ronald R. Helm ("Executive"). This Second
Amendment amends that certain Executive Employment Agreement dated June 1, 2005,
as amended August 30, 2006 by and between the Company and Executive (the
"Agreement"), on the terms set forth below.

     NOW, THEREFORE, in consideration of the mutual promises contained herein,
the parties agree as follows:

1. Compensation. Section 3A of the Agreement is revised to read as follows:

     A.   Executive shall be paid a base salary of $240,000 per year payable in
          installments according to the company's regular payroll schedule.

2. Term and Termination. Section 5A of the Agreement is revised to read as
follows:

     A.   The term of this Agreement shall commence on July 1, 2006 and shall
          continue to September 30, 2009. Thereafter, the Agreement shall be
          renewed upon mutual agreement of Executive and the Company.

3. Restricted Stock Award. In connection with this Second Amendment, the Company
hereby awards to Executive 200,000 shares of restricted stock, which is granted
pursuant and subject to the terms of the Company's 2005 Stock Incentive Plan.
The restricted shares shall vest on the third anniversary of the grant date, and
are subject to forfeiture if Mr. Helm's employment is terminated prior to the
vesting date.

4. No Other Amendments; Counterparts; Miscellaneous. Except as expressly
modified by this Second Amendment, all terms, conditions and provisions of the
Agreement shall continue in full force and effect as though set forth in full
herein, and shall apply to the construction of this Second Amendment. This
Second Amendment may not be modified or rescinded except in a writing signed by
the parties. This Second Amendment may be executed in one or more counterparts,
each of which shall be deemed an original but all of which together shall
constitute one and the same instrument.

         EXECUTED by the parties hereto this 19th day of October, 2007.


/s/ Ronald R. Helm
----------------------------
Ronald R. Helm
Executive


/s/ Curtis J. Scheel
----------------------------
By: Curtis J. Scheel
Director and Chairman, Compensation Committee
Pacific Biometrics, Inc. Board of Directors
NOAA Online Weather Data (NOWData)

Interactive Data Query System

Public Fact Sheet

NWS Fact Sheet

What is NOWData?

NOAA’s Online Weather Data (NOWData) is a data query system providing basic climate statistics to the public, using the NOAA Regional Climate Center Applied Climate Information System (ACIS). Through NOWData, 

climate statistics are available, on a preliminary basis, for over 3,800 surface observing stations from across 

the conterminous U.S., Alaska, Hawaii, Puerto Rico, the Virgin Islands, and Guam. Daily and monthly data for 

temperature, precipitation, snowfall, and heating/cooling/growing degree days are available for the current and 

previous years. Climate Normals are available for the 1971-2000 period and extremes values are available for 

the full period of record for each station. Data from the 19th Century to yesterday can be found in NOWData.

Where to get additional 

information?

NOWData statistics and information are considered preliminary and subject to revision. Official and certified 

climatic data can be accessed at NOAA’s National Climatic Data Center (NCDC) 

(http://www.ncdc.noaa.gov/oa/ncdc.html). 

NOWData is designed to provide statistical information. Users interested in lengthy data histories for 

stations should contact the NCDC or NOAA Regional Climate Centers.

Why NOWData?

The most common question asked of National Weather 

Service (NWS) personnel is “What was the weather 

like on...?” NOWData provides that answer and much 

more:

ü Unprecedented, user-friendly access to climate 

information for the general public

ü Convenient “one-stop” tool for more traditional 

users

ü Integrates climate information across all of NOAA

ü Supports NOAA’s commitment to provide data to 

the public

December 2006

How to access 

NOWData?

Click the area of interest on the map at 

http://www.weather.gov/climate to access a local 

NWS Weather Forecast Office climate page, and then 

select the NOWData tab on the upper right. 

 NOWData may also be accessed directly from any 

local NWS Weather Forecast Office homepage by 

selecting “Local” under Climate from the list on the left 

and then the NOWData tab on the upper right of the 

local climate page.

At the NOWData interface, select a location and one of 

the nine products available. Then make additional selections from any menus that appear and select “Go.” 

The product will be displayed in a separate screen.

Who is responsible for NOWData?

NOWData was developed by NOAA as a joint project between the National Weather Service, the National 

Climatic Data Center (NCDC) and the Regional Climate Centers (RCC).
### §18795b. State-based home energy efficiency contractor training grants

#### (a) Appropriation

In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $200,000,000, to remain available through September 30, 2031, to carry out a program to provide financial assistance to States to develop and implement a State program described in section 6322(d)(13) of this title, which shall provide training and education to contractors involved in the installation of home energy efficiency and electrification improvements, including improvements eligible for rebates under a HOMES rebate program (as defined in section 18795(d) of this title) or a high-efficiency electric home rebate program (as defined in section 18795a(d) of this title), as part of an approved State energy conservation plan under the State Energy Program.

#### (b) Use of funds

A State may use amounts received under subsection (a)—

(1) to reduce the cost of training contractor employees;

(2) to provide testing and certification of contractors trained and educated under a State program developed and implemented pursuant to subsection (a); and

(3) to partner with nonprofit organizations to develop and implement a State program pursuant to subsection (a).

#### (c) Administrative expenses

Of the amounts received by a State under subsection (a), a State shall use not more than 10 percent for administrative expenses associated with developing and implementing a State program pursuant to that subsection.

(Pub. L. 117–169, title V, §50123, Aug. 16, 2022, 136 Stat. 2041.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of Pub. L. 117–169, and not as part of div. D of Pub. L. 117–58, which enacted this chapter.

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

#### Definitions

For definitions of "Secretary", "State", and "State Energy Program" as used in this section, see section 50111 of Pub. L. 117–169, set out as a note under section 17113b of this title.