alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States District Court

For the Northern District of California

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United States District Court

For the Northern District of California

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

PERRY BACKES,

Petitioner,

 v.

BEN CURRY, Warden,

Respondent. ______________________________

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No. C 08-2004 MMC (PR)

ORDER DIRECTING PARTIES TO

FILE SUPPLEMENTAL BRIEFS

On April 17, 2008, petitioner, a California prisoner incarcerated at the Correctional

Training Facility, Soledad, and proceeding pro se, filed the above-titled petition for a writ of

habeas corpus pursuant to 28 U.S.C. § 2254, challenging a 2006 decision by the California

Board of Prison Hearings (“Board”) to deny petitioner parole. Respondent has filed an

answer to the petition and petitioner has filed a traverse.

A recent decision from the Ninth Circuit addresses important issues relating to federal

review of parole decisions. See Hayward v Marshall, No. 06-55392, 2010 WL 1664977 (9th

Cir. April 22, 2010) (en banc). Consequently, the parties will be directed to file

supplemental briefs setting forth their respective views as to the effect, if any, of the

Hayward en banc decision on the Court’s determination of the instant petition.

Case 3:08-cv-02004-MMC Document 6 Filed 05/20/10 Page 1 of 2
United States District Court

For the Northern District of California

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Accordingly, the Court hereby sets the following briefing schedule:

1. No later than ten days from the date this order is filed, respondent shall send to

petitioner a copy of the Hayward en banc decision. 

2. No later than twenty days from the date this order is filed, respondent shall file

and serve on petitioner a supplemental brief addressing the impact of Hayward on the instant

action. 

3. No later than twenty days from the date respondent’s supplemental brief is

filed, petitioner shall file and serve on respondent either a supplemental brief addressing the

impact of Hayward on the instant action or a notice that he does not intend to file such a

brief.

4. The parties’ respective supplemental briefs shall not exceed fifteen pages in length.

5. The matter will be deemed submitted on the date petitioner’s supplemental brief is

due. No extensions of time will be granted to file the supplemental briefs absent a showing

of exceptional circumstances. 

IT IS SO ORDERED.

DATED: May 20, 2010 _________________________ MAXINE M. CHESNEY

United States District Judge

Case 3:08-cv-02004-MMC Document 6 Filed 05/20/10 Page 2 of 2
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2572 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 2572

  To amend title 38, United States Code, to require that employers of 
members of the National Guard and Reserve who are called to active duty 
continue to offer health care coverage for dependents of such members, 
                        and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 24, 2005

 Mr. Andrews introduced the following bill; which was referred to the 
  Committee on Veterans' Affairs, and in addition to the Committee on 
   Armed Services, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
  To amend title 38, United States Code, to require that employers of 
members of the National Guard and Reserve who are called to active duty 
continue to offer health care coverage for dependents of such members, 
                        and for other purposes.

    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 ``Reservist Health Care Continuity 
Act''.

SEC. 2. EXTENSION OF EMPLOYER HEALTH CARE COVERAGE FOR ENTIRE PERIOD OF 
              ABSENCE FOR DEPENDENTS OF NATIONAL GUARDSMEN AND 
              RESERVISTS CALLED TO ACTIVE DUTY.

    Section 4317(a)(1)(A) of title 38, United States Code, is amended--
            (1) by inserting ``(i) in the case of an employer with 20 
        or fewer employees'' after ``(A)''; and
            (2) by adding at the end the following new clause:
            ``(ii) in the case of an employer with more than 20 
        employees, the period of such absence; or''.

SEC. 3. REQUIREMENT FOR GOVERNMENT REIMBURSEMENT FOR EMPLOYER SHARE OF 
              HEALTH CARE PREMIUMS.

    Section 4317(a) of such title is further amended by adding at the 
end the following new paragraph:
    ``(4) The Secretary of Defense shall reimburse an employer for the 
employer share of any premiums for health care coverage provided 
pursuant to this section to a person performing service in the 
uniformed services for each month during the period of such service.''.
                                 <all>
```
### §§2451 to 2454. Repealed. Pub. L. 111–314, §6, Dec. 18, 2010, 124 Stat. 3444

Section 2451, Pub. L. 85–568, title I, §102, July 29, 1958, 72 Stat. 426; Pub. L. 94–413, §15(a), (b), Sept. 17, 1976, 90 Stat. 1270; Pub. L. 95–238, title III, §311, Feb. 25, 1978, 92 Stat. 83; Pub. L. 95–401, §7, Sept. 30, 1978, 92 Stat. 860; Pub. L. 98–361, title I, §110, July 16, 1984, 98 Stat. 426; Pub. L. 100–685, title II, §214, Nov. 17, 1988, 102 Stat. 4093; Pub. L. 106–391, title III, §302(a), Oct. 30, 2000, 114 Stat. 1591; Pub. L. 109–155, title III, §321(d)(2), Dec. 30, 2005, 119 Stat. 2923, related to congressional declaration of policy and purpose. See section 20102 of Title 51, National and Commercial Space Programs.

Section 2452, Pub. L. 85–568, title I, §103, July 29, 1958, 72 Stat. 427; Pub. L. 98–52, title I, §108, July 15, 1983, 97 Stat. 285, related to definitions. See section 20103 of Title 51.

Section 2453, Pub. L. 85–568, title III, §302, July 29, 1958, 72 Stat. 433, provided authorization to transfer related functions of other Federal agencies to Administration during a four-year period after July 29, 1958.

Section 2454, Pub. L. 85–568, title III, §303, July 29, 1958, 72 Stat. 433; Pub. L. 102–588, title V, §509, Nov. 4, 1992, 106 Stat. 5129, related to access to information obtained or developed by the Administrator. See section 20131 of Title 51.
<PAGE>
 
EXHIBIT 11.1

<TABLE>
<CAPTION>
 
 
                                              Three months ended                    Nine months ended

                                            September           September          September       September
                                            27, 1997            28, 1996           27, 1997        28, 1996
                                           Primary and         Primary and        Primary and     Primary and
                                          Fully Diluted       Fully Diluted      Fully Diluted   Fully Diluted
                                          -------------       -------------      -------------   ------------- 
<S>                                       <C>                 <C>                <C>             <C>
INCOME
 
Net income                                   $  842,162          $  343,848         $1,155,620      $  493,149
 
Preferred stock dividends                           ---                 ---                ---             ---
                                          -------------       -------------      -------------   ------------- 
 
Net income available to common
stockholders                                 $  842,162          $  343,848         $1,155,620      $  493,149
                                          =============       =============      =============   ============= 
 
Primary and Fully Diluted Earnings per
Share:                                       $     0.15          $     0.10         $     0.21      $     0.14
                                          =============       =============      =============   ============= 
 
NUMBER OF SHARES
 
Primary and Fully Diluted Weighted
Average Shares                                5,543,028           3,570,523          5,523,587       3,570,523
                                          =============       =============      =============   ============= 
</TABLE>
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Treasury

# ACTION:

Notification of Citizens Coinage Advisory Committee January 2005 public meeting. 

# SUMMARY:

Pursuant to Public Law 108-15, sec. 103, the United States Mint announces the Citizens Coinage Advisory Committee (CCAC) public meeting scheduled for January 25, 2005. The purpose of the meeting is to advise the Secretary of the Treasury on designs pertaining to the coinage of the United States and for other purposes. 

*Date:*                         January 25, 2005—Washington, DC.                     

*Time:*                         1 p.m. to 4 p.m.                     

*Location:*                         United States Mint; 801 9th Street, NW., Washington, DC; 2nd floor Conference Room A.                     

*Subject:*                         Consider state commemorative quarter-dollar coin design candidates and other business.                     

*Interested persons should call 202-354-7502 for the latest update on meeting time and location.*

Public Law 108-15 established the CCAC to:

■ Advise the Secretary of the Treasury on any theme or design proposals relating to circulating coinage, bullion coinage, congressional gold medals, and national and other medals. 

■ Advise the Secretary of the Treasury with regard to the events, persons, or places to be commemorated by the issuance of commemorative coins in each of the five calendar years succeeding the year in which a commemorative coin designation is made. 

■ Make recommendations with respect to the mintage level for any commemorative coin recommended. 

# FOR FURTHER INFORMATION CONTACT:

Madelyn Simmons Marchessault; United States Mint Liaison to the CCAC; 801 Ninth Street, NW., Washington, DC 20220, or call 202-354-6669. 

Any member of the public interested in submitting matters for the CCAC's consideration is invited to submit them by fax to the following number: 202-756-6830. 

Authority:Public Law 108-15 (April 23, 2003). 

      ( print page 77323)    
Dated: December 20, 2004. 

Henrietta Holsman Fore, 

Director, United States Mint. 

[FR Doc. 04-28139 Filed 12-23-04; 8:45 am] 

BILLING CODE 4810-37-P
### §300g. Coverage

Subject to sections 300g–4 and 300g–5 of this title, national primary drinking water regulations under this part shall apply to each public water system in each State; except that such regulations shall not apply to a public water system—

(1) which consists only of distribution and storage facilities (and does not have any collection and treatment facilities);

(2) which obtains all of its water from, but is not owned or operated by, a public water system to which such regulations apply;

(3) which does not sell water to any person; and

(4) which is not a carrier which conveys passengers in interstate commerce.

(July 1, 1944, ch. 373, title XIV, §1411, as added Pub. L. 93–523, §2(a), Dec. 16, 1974, 88 Stat. 1662.)
### §3782. Transferred

#### **Editorial Notes**

#### Codification

Section 3782 was editorially reclassified as section 10221 of Title 34, Crime Control and Law Enforcement.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2633 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 2633

To provide for preservation by the Department of Defense of historical 
                           radiation records.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 2005

 Mr. Matheson introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
To provide for preservation by the Department of Defense of historical 
                           radiation records.

    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 ``Department of Defense Historical 
Radiation Records Preservation Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Atmospheric testing of nuclear devices was a dark 
        period in the history of the nation for many Americans, 
        particularly ``downwinders''.
            (2) The National Academy of Sciences urged Congress to 
        ``declare a government-wide moratorium'' on the destruction of 
        documents that are potentially relevant to measuring fallout in 
        the United States from nuclear weapons testing and assessing 
        health risks.
            (3) The National Academies of Science, in reviewing the 
        feasibility of determining doses and health effects to the 
        American population, noted that government data must be 
        secured.
            (4) The Department of Energy has ordered a moratorium on 
        the destruction of records, but the Department of Defense has 
        no such prohibition and relevant records could potentially be 
        lost.
            (5) The preservation of important historical records should 
        be a priority.

SEC. 3. PRESERVATION OF INFORMATION AND RECORDS PERTAINING TO 
              RADIOACTIVE FALLOUT.

    (a) Prohibition of Destruction of Certain Documents.--The Secretary 
of Defense may not destroy any document in the custody or control of 
the Department of Defense that is a historical record (or part of a 
historical record) relating to radioactive fallout from the testing of 
any nuclear device.
    (b) Preservation and Publication of Information.--The Secretary of 
Defense shall identify, preserve, and publish information contained in 
documents referred to in subsection (a).
    (c) Sense of Congress.--All government agencies should institute a 
moratorium on the destruction of historical fallout-related records and 
the Department of Defense should declassify those records for the 
benefit of scientific research and public health.
                                 <all>
```
Editorial Note on Part 142
Editorial Note: Nomenclature changes to part 142 appear at 68 FR 51359, Aug. 26, 2003.

§ 142.43 Treatment of students; general. ( a ) No qualified handicapped student shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any academic, research, occupational, training, housing, health, insurance, counseling, financial aid, physical education, athletics, recreation, transportation, other extracurricular, or other postsecondary education aid, benefits, or services to which this subpart applies.
( b ) A recipient to which this subpart applies that considers participation by students in education programs or activities not operated wholly by the recipient as part of, or equivalent to, an education program or activity operated by the recipient shall assure itself that the other education program or activity, as a whole, provides an equal opportunity for the participation of qualified handicapped persons.
( c ) A recipient to which this subpart applies may not, on the basis of handicap, exclude any qualified handicapped student from any course, course of study, or other part of its education program or activity.
( d ) A recipient to which this subpart applies shall operate its programs or activities in the most integrated setting appropriate.
Exhibit 10.1(b)


             Schedule of Secured Convertible Note (demand) Issued by
             NCT Group, Inc. to Carole Salkind on January 24, 2006



    Issue Date        Due Date           Principal          Conversion Price
    ----------        --------           ---------          ----------------
     01/24/06        Earlier of:          $375,000      Greater of: (i) $0.0033;
                     (i) demand;                        or (ii) the par value of
                     or (ii) 07/24/06                   NCT Group, Inc.
                                                        common stock on the
                                                        date of conversion
#### The People of the State of New York ex rel. De Witt T. Harris, Appellant. v. John F. McNeill, as Superintendent, Respondent.

Motion by appellant for leave to appeal as a poor person and for assignment of counsel, denied. There is no factual showing to support appellant’s contentions. Nolan, P. J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur.
#### § 96.94 [Reserved]
§ 92.51 Methods of taking depositions in foreign countries. Rule 28(b) of the Rules of Civil Procedure for the District Courts of the United States provides that depositions may be taken in foreign countries by any of the following four methods: ( a ) Pursuant to any applicable treaty or convention, or
( b ) Pursuant to a letter of request (whether or not captioned a letter rogatory), or
( c ) On notice before a person authorized to administer oaths in the place in which the examination is held, either by the law thereof or by the law of the United States. Notarizing officials as defined by 22 CFR 92.1 are so authorized by the law of the United States, or
( d ) Before a person commissioned by the court, and a person so commissioned shall have the power by virtue of the commission to administer any necessary oath and take testimony.
[60 FR 51722, Oct. 3, 1995]
### §5714–21. Transferred

#### **Editorial Notes**

#### Codification

Section 5714–21 was editorially reclassified as section 11241 of Title 34, Crime Control and Law Enforcement.
United States District Court

For the Northern District of California

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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

Plaintiff,

 v.

EDUARDO MENDEZ,

Defendant. /

No. C09-00103 CRB

ORDER DENYING MOTION FOR

REDUCTION OF SENTENCE

Defendant Eduardo Mendez moves for a sentence reduction pursuant to 18 U.S.C.

§ 3582(c)(2) and USSG § 1B1.10 of the U.S. Sentencing Commission Guidelines based on

Amendment 782. See generally Mot. (dkt. 353). The Court finds that Defendant is not

eligible for a reduction, as his original sentence was the statutory mandatory minimum. 

See Sentence Reduction Investigation Report (dkt. 360) at 2. Accordingly, the Motion is

DENIED. 

IT IS SO ORDERED.

Dated: January 23, 2015 

CHARLES R. BREYER

UNITED STATES DISTRICT

JUDGE

Case 3:09-cr-00103-CRB Document 365 Filed 01/23/15 Page 1 of 1
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-1150-20

MARIA JESUS SANCHEZ, Appellant

v.

THE STATE OF TEXAS

ON STATE’S PETITION FOR DISCRETIONARY REVIEW

FROM THE ELEVENTH COURT OF APPEALS

ECTOR COUNTY

Per curiam.

O P I N I O N

Appellant was charged with the offense of evading arrest or detention. Appellant

pled guilty and was placed on deferred adjudication community supervision. The State later

moved to revoke her community supervision. The trial court held a hearing, adjudicated

Appellant guilty, and sentenced her to five years imprisonment.

On appeal from the revocation proceedings, Appellant's court-appointed counsel filed

a motion to withdraw and an Anders brief. See Anders v. California, 386 U.S. 738 (1967).

The court of appeals conducted an independent review of the record and deleted a $500 fine that
SANCHEZ — 2

was not orally pronounced at sentencing, as well as a third-party collection fee and $22.50 of a time

payment fee. The court found no reversible error, agreed with counsel that there were no

meritorious grounds for appeal, and granted the motion to withdraw. Sanchez v. State, No.

11-20-00012-CR slip op. at 2, 5 (Tex. App.—Eastland Oct. 20, 2020) (not designated for

publication).

The State has filed a petition for discretionary review claiming that the court of appeals

failed to recognize appellate counsel's conflict of interest and should have directed the

appointment of a new attorney to pursue an appeal. We agree with the State that on the face

of the record, Appellant's appellate counsel was disqualified from representing her on appeal

due to having acted as counsel of record for the State in this case when Appellant was placed

on deferred adjudication. See CODE CRIM. PROC. art. 2.08(a); Metts v. State, 510 S.W.3d 1,

5-6 (Tex. Crim. App. 2016). The court of appeals should have abated and remanded to the

trial court with orders to appoint new counsel to present any ground that might support the

appeal. See generally Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991).

Accordingly, we grant ground (1) of the State's petition for discretionary review, vacate

the judgment of the court of appeals, and remand this case to that court for further actions

consistent with this opinion. Ground (2) is refused without prejudice. 

Delivered February 24, 2021

Do Not Publish
#### Tessie Ostan, as Administratrix of the Estate of Nicholas Ostan, Deceased, et al., Respondents, v. 40 Realty, Inc., Appellant.

In an action to recover damages for wrongful death, defendant appeals from an order of the *711Supreme Court, Queens County, entered September 29, 1959, denying its motion (1) to dismiss the complaint for lack of prosecution, and (2) to vacate plaintiff’s notice to examine defendant before trial. Order affirmed, without costs; the examination to proceed on 20 days’ notice or on a date to be mutually fixed. No prejudice to defendant was shown to have resulted from the delay of 14 months between the joinder of issue and the making of this motion *(Keller*v. *Nat. Auto Renting Co.,*10 A D 2d 578; *Brill*v. *County of Westchester,*4 A P 2d 690). Beldoek, Acting P. J., Kleinfeld, Christ, Pette and Brennan, JJ.. concur.
#### Sarah Harris, appellee, v. City of Chicago et al., on appeal of City of Chicago, appellant.

Gen. No. 27,773.

Suit for damages for personal injuries by falling on defective sidewalk. Judgment for plaintiff. Appeal from the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1922.

Reversed with a finding of fact.

Opinion filed June 20, 1923.

Samuel A. Ettelson, Corporation Counsel, and William H. Devenisli, City Attorney, for appellant; Robert H. Farrell, of counsel. E. C. Glenny and W. H. Gallagher, for appellee.

Mr. Justice O’Connor

delivered the opinion of the court.