alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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Glenn R. Kantor - SBN 122643

 E-mail: gkantor@kantorlaw.net

Niamh E. Doherty - SBN 260749

 E-mail: ndoherty@kantorlaw.net

KANTOR & KANTOR, LLP

19839 Nordhoff Street

Northridge, CA 91324

(818) 886-2525 (TEL)

(818) 350-6272 (FAX)

Attorneys for Plaintiff,

PHILIPPE BRUNET

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO

PHILIPPE BRUNET,

Plaintiff,

vs.

AMERICAN AIRLINES, INC. PILOT

LONG TERM DISABILITY PLAN,

Defendant.

 

_________________________________

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CASE NO: C09-02452 RS

PLAINTIFF'S REQUEST FOR

TELEPHONIC APPEARANCE AT

CASE MANAGEMENT

CONFERENCE; [PROPOSED]

ORDER

DATE: May 13, 2010

TIME: 10:00 a.m.

CTRM: 3

*E-Filed 5/6/10*

Case 3:09-cv-02452-RS Document 23 Filed 05/06/10 Page 1 of 2
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Plaintiff's counsel respectfully requests the Court’s permission to appear 

telephonically at the Case Management Conference scheduled for May 13, 2010 at

10:00 a.m. Plaintiff’s counsel’s is located in the Los Angeles area, and would need to

travel from Los Angeles to San Francisco to attend the conference. 

DATED: May 6, 2010 KANTOR & KANTOR, LLP

By: /s/ Glenn R. Kantor 

Glenn R. Kantor

Attorneys for Plaintiff

Philippe Brunet

[PROPOSED] ORDER

IT IS HEREBY ORDERED that Plaintiff’s counsel is permitted to appear by

telephone at the Case Management Conference scheduled for May 13, 2010 at 10:00

a.m.

Dated: __________________ __________________________________

United States District Judge

Richard Seeborg

5/6/10

Case 3:09-cv-02452-RS Document 23 Filed 05/06/10 Page 2 of 2
### §687c. Alaskan land leases for fur farming; citizenship; acreage limitation; period; terms and conditions; laws applicable to mineral resources; reservations

The Secretary of the Interior, in order to encourage and promote development of production of furs in the Territory of Alaska, is authorized to lease to corporations organized under the laws of the United States, or of any state or Territory thereof, citizens of the United States, or associations of such citizens, public lands of the United States in the Territory of Alaska suitable for fur farming, in areas not exceeding six hundred and forty acres, and for periods not exceeding ten years, upon such terms and conditions as he may by general regulations prescribe: Provided, That where leases are given hereunder for islands or lands within the same, such lease may, in the discretion of the Secretary of the Interior, be for an area not to exceed thirty square miles: Provided further, That nothing herein contained shall prevent the prospecting, locating, development, entering, leasing, or patenting of the mineral resources of any lands so leased under laws applicable thereto: And provided further, That this section shall not be held nor construed to apply to the Pribilof Islands, declared a special reservation by section 646 1 of title 16: And provided further, That any permit or lease issued under this section shall reserve to the Secretary of the Interior the right to permit the use and occupation of parts of said leased areas for the taking, preparing, manufacturing, or storing of fish or fish products, or the utilization of the lands for purposes of trade or business, to the extent and in the manner provided by existing laws or laws which may be enacted after July 3, 1926.

(July 3, 1926, ch. 745, §1, 44 Stat. 821.)

#### **Editorial Notes**

#### References in Text

Section 646 of title 16, referred to in text, was repealed by act Feb. 26, 1944, ch. 65, §18, 58 Stat. 104. See sections 1161, 1162, and 1167 of Title 16, Conservation.

#### Codification

Section was formerly classified to section 360 of Title 48, Territories and Insular Possessions.

#### **Executive Documents**

#### Admission of Alaska as State

Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions.

1 See References in Text note below.
### §526. Credit of proceeds to particular project

All moneys or profits as determined by the Secretary heretofore or hereafter derived from the sale or rental of surplus water under the Warren Act of February 21, 1911 (36 Stat. 925) [43 U.S.C. 523 to 525], or from the connection of a new project with an existing project shall be credited to the project or division of the project to which the construction cost has been charged.

(Dec. 5, 1924, ch. 4, §4, subsec. J, 43 Stat. 703.)

#### **Editorial Notes**

#### References in Text

The Warren Act of February 21, 1911, referred to in text, is act Feb. 21, 1911, ch. 141, 36 Stat. 925, which enacted sections 523 to 525 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 523 of this title and Tables.

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

#### Definitions

The definitions in section 371 of this title apply to this section.
SUBSTITUTION OF ATTORNEYS - 1

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Richard Phelps SBN: 103141

405 14th Street, Suite 508

Oakland, CA 94612

510-268-9919

510-268-0368 facsimile

Attorney for Defendant

Dewayne Stancill

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ANN O’CALLAGHAN,

Plaintiff,

vs.

CITY OF SAN LEANDRO,a public entity, 

SAN LEANDRO POLICE DEPARTMENT, a 

public entity, DEWAYNE STANCILL, an 

individual, and DOES 1 through 100, inclusive,

 Defendants.

Case No.: 3:09-cv-00624 CRB

NOTICE OF SUBSTITUTION OF 

ATTORNEYS AND [PROPOSED] ORDER

Judge: Honorable Charles R. Breyer

Courtroom: 8, 19th Floor

NOTICE IS HEREBY GIVEN that, subject to the approval of the court, Defendant

DEWAYNE STANCILL (“Defendant”) substitutes Richard Phelps, State Bar No.: 103141, as 

counsel in place of Scott Kivel.

Contact information for new counsel is as follows: 

Name: Richard Phelps

Address: 405 14th Street, Suite 508, Oakland, CA 94612

Phone numbers: 510-268-9919 Fax: 510-268-0368

e-mail: PhelpsMediation@aol.com

I consent to the above substitution.

Date: June 16, 2010 __(/S/)________________________

Defendant Dewayne Stancill

Case 3:09-cv-00624-CRB Document 77 Filed 06/22/10 Page 1 of 2
SUBSTITUTION OF ATTORNEYS - 2

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I consent to being substituted.

Date: June 15, 2010 _(/S/)_________________________

Attorney Scott Kivel

I consent to the above substitution.

Date: June 16, 2010 _(/S/)_________________________

Attorney Richard Phelps

I hereby attest that I have on file all holograph signatures for any signatures indicated by a 

“conformed” signature (/S/) within the efiled document.

Date: June 16, 2010 __(/S/)______________________

 Richard Phelps

The substitution of attorneys is hereby approved and ORDERED

Date: ______________________ __________________________

Honorable Charles R. Breyer

United States District Judge

June 22, 2010

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORN

I

A

IT IS SO ORDERED

Judge Charles R. Breyer

Case 3:09-cv-00624-CRB Document 77 Filed 06/22/10 Page 2 of 2
#### FISCHER, Respondent, v. SHEEHAN, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

January 13, 1903.)

Action by Charles Fischer against Daniel F. Sheehan.

No opinion. Judgment and order affirmed, with costs.
1 

 [PROPOSED] ORDER EXCUSING DEFENDANTS KUTAK ROCK, LLP AND JOSEPH O. KAVAN FROM 

DISCOVERY AND OTHER DEADLINES (NO. 09-CV-02079-JW) 

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Gibson, Dunn & 

Crutcher LLP 

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF CALIFORNIA 

SAN JOSE DIVISION 

ANITA HUNTER, an individual; et al., 

Plaintiffs, 

 v. 

CITIBANK, N.A., a Nevada corporation; et al., 

Defendants. 

CASE NO. 09-CV-02079-JW 

(Related to CASE NO. 07-CV-02795-JW) 

Assigned to: Honorable James Ware 

[PROPOSED] ORDER EXCUSING 

DEFENDANTS KUTAK ROCK, LLP AND 

JOSEPH O. KAVAN FROM DISCOVERY 

AND OTHER DEADLINES 

The Court, after considering the Stipulation Excusing Defendants Kutak Rock, LLP And 

Joseph O. Kavan From Discovery And Other Deadlines, hereby ORDERS that Defendants Kutak 

Rock, LLP and Joseph O. Kavan (1) are not required to comply with any case deadlines, including 

those set forth in the Revised Stipulation and Order Re: Case Schedule (Docket 317) and (2) are not 

required to participate in further discovery unless ordered by the Court. 

PURSUANT TO STIPULATION, IT IS SO ORDERED on this ___ day of ____________, 

2010. 

 _______________________________ 

 Honorable James Ware 

 United States District Judge 

11th August 

Case 3:09-cv-02079-JCS Document 368 Filed 08/11/10 Page 1 of 1
#### § 3280.503 Materials.

Materials used for insulation shall be of proven effectiveness and adequate durability to assure that required design conditions concerning thermal transmission are attained.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3130 Considered and Passed House (CPH)]

109th CONGRESS
  1st Session
                                H. R. 3130

 Making supplemental appropriations for fiscal year 2005 for veterans 
                           medical services.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 30, 2005

  Mr. Walsh introduced the following bill; which was referred to the 
                      Committee on Appropriations

                             June 30, 2005

           Considered under suspension of the rules and passed

_______________________________________________________________________

                                 A BILL

 
 Making supplemental appropriations for fiscal year 2005 for veterans 
                           medical services.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for fiscal year 2005:

                     DEPARTMENT OF VETERANS AFFAIRS

                     Veterans Health Administration

                            medical services

    For an additional amount for ``Medical Services'', $975,000,000, to 
remain available until September 30, 2006.
                                 <all>
```
§ 266.650 Items deducted from total loss. In computing insurance benefits, the following items are deducted from the amounts described in § 266.646(a) and (b): ( a ) All amounts received by the HFA on account of the mortgage after the date of default, including any partial payment of claim paid by HUD in the event a full claim follows a partial payment of claim;
( b ) All cash, and/or funds related to the mortgaged property, including deposits and escrows made for the account of the mortgagor that the HFA holds (or to which it is entitled);
( c ) The amount of any undrawn balance under a letter of credit that the HFA accepted in lieu of a cash deposit for an escrow agreement;
( d ) Any net income from the mortgaged property/project that the HFA received after the date of default.
( e ) The proceeds from the sale of the project or the appraised value of the project as provided in § 266.642 as follows: ( 1 ) If the HFA disposes of the project through a negotiated sale, the amount deducted shall be the higher of the sales price or the appraised value.
( 2 ) If the HFA disposes of the project through a competitive bid procedure approved by the Commissioner, the amount deducted shall be the sales price, even if it is lower than the appraised value.
( 3 ) If the HFA has not disposed of the project within 5 years from the date of issuance of the HFA Debentures (unless an extension has been granted pursuant to § 266.638), the amount deducted shall be the appraised value.
( f ) Any and all claims that the HFA has acquired in connection with the acquisition and sale of the property. Claims include but are not limited to returned premiums from canceled insurance policies, interest on investments of reserve for replacement funds, tax refunds, refunds of deposits left with utility companies, and amounts received as proceeds of a receivership.
( g ) The amount of daily HFA Debenture interest accrued but not paid from the anniversary date of the last HFA Debenture interest payment to the date an application for final claim payment is received by the Commissioner.
[59 FR 62524, Dec. 5, 1994, as amended at 85 FR 83445, Dec. 22, 2020]
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 18-7351

GERALD D. FULLER,

 Petitioner - Appellant,

v.

FRANK B. BISHOP, JR., Warden,

 Defendant - Appellee.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. 

Paul W. Grimm, District Judge. (8:18-cv-01598-PWG)

Submitted: March 8, 2019 Decided: March 18, 2019

Before DUNCAN, AGEE, and KEENAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Gerald Davis Fuller, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Gerald Davis Fuller appeals the district court’s orders dismissing his 28 U.S.C. 

§ 2254 (2012) petition without prejudice as successive and denying his motion to 

reconsider. We have reviewed the record and find no reversible error. Accordingly, 

although we grant leave to proceed in forma pauperis, we affirm for the reasons stated by 

the district court. Fuller v. Bishop, No. 8:18-cv-01598-PWG (D. Md. June 14 & Oct. 17, 

2018). We deny a certificate of appealability as unnecessary and dispense with oral 

argument because the facts and legal contentions are adequately presented in the 

materials before this court and argument would not aid the decisional process.

AFFIRMED
I 

109TH CONGRESS 

1ST SESSION H. R. 3066 

To amend the Harmonized Tariff Schedule of the United States to provide 

separate tariff categories for certain tractor body parts. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 24, 2005 

Mr. NUSSLE introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To amend the Harmonized Tariff Schedule of the United 

States to provide separate tariff categories for certain 

tractor body parts. 

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

3 SECTION 1. CERTAIN TRACTOR BODY PARTS. 

4 (a) IN GENERAL.—Chapter 87 of the Harmonized 

5 Tariff Schedule of the United States is amended by strik6 ing subheadings 8708.29.10 through 8708.29.50, and in7 serting the following new subheadings and superior text, 

8 with the article description for subheading 8708.29.05 and 

9 the superior text to subheading 8708.29.40 having the 

10 same degree of indentation as the article description for 
2 

•HR 3066 IH 

1 subheading 8708.31.10, and with the article descriptions 

2 for subheadings 8708.29.40 through 8708.29.49 having 

3 the same degree of indentation as the article description 

4 for subheading 8708.70.05: 

‘‘ 8708.29.05 For tractors suitable for agricultural use: ......................................... Free 25% 

For other motor vehicles: 

8708.29.40 Inflators and modules for air 

bags ................................................. 2.5% Free (A, AU, 

B, CA, CL, E, 

IL, J, JO, MX, 

SG) 25% 

8708.29.43 Door assembles ........................ 2.5% Free (A, AU, 

B, CA, CL, E, 

IL, J, JO MX, 

SG) 25% 

8708.29.46 Body stampings ....................... 2.5% Free (A, AU, 

B, CA, CL, E, 

IL, J, JO, MX, 

SG) 25% 

8708.29.49 Other ....................................... 2.5% Free (A, AU, 

B, CA, CL, E, 

IL, J, JO, MX, 

SG) 25% ’’. 

5 (b) EFFECTIVE DATE.—The amendment made by 

6 subsection (a) applies to goods entered, or withdrawn from 

7 warehouse for consumption, on or after the 15th day after 

8 the date of the enactment of this Act. 

Æ
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21

- 7024

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. PERRY REESE, III , Defendant

- Appellant

.

Appeal from the United States District Court for the Eastern District of North Carolina , at Wilmington

. Louise W. Flanagan , District Judge. ( 7:08

- cr - 00034

- FL

- 1 )

Submitted : September 22, 2022 Decided: September 26, 2022

Before WILKINSON, DIAZ, and RUSHING , Circuit Judges.

Affirmed by un published per curiam opinion

.
Perry Reese, III , Appellant Pro Se. David A. Bragdon, Assistant United States Attorney, Lucy Partain Brown , Assistant United States Attorney, Jennifer P. May

- Parker, Assi stant U nited S tates Attorney , OFFICE OF THE UNITED STATES ATTORNEY , Raleigh, North Carolina, for Appellee

.
Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 21-7024 Doc: 13 Filed: 09/26/2022 Pg: 1 of 22 PER CURIAM: Perry Reese, III, appeals the district court ’ s order denying his 18 U. S.C. § 3582(c)(1)(A) motion for compassionate release. We review a district court ’ s denial of a compassionate release motion for abuse of discretion. United States v. Kibble , 992 F.3d 326, 329 (4th Cir.), cert. denied , 142 S. Ct. 383 (2021). We have rev iewed the record and
conclude that the district court did not abuse its discretion. Accordingly, we affirm the
district court ’ s order . We also deny Reese’s motion for the appointment of counsel. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional

process.
AFFIRMED USCA4 Appeal: 21-7024 Doc: 13 Filed: 09/26/2022 Pg: 2 of 2
### §146. Patents to purchasers of lands withdrawn

Upon payment of the purchase price the Secretary of the Interior is authorized by appropriate patent to convey all the right, title, and interest in and to said lands to the purchaser at said sale, subject, however, to such reservations, limitations, or conditions as said Secretary may deem proper: Provided, That not over one hundred and sixty acres shall be sold to any one person: Provided further, That any patent issued hereunder shall contain a reservation to the United States of all oil, gas, coal, and other mineral.

(Jan. 26, 1921, ch. 27, §2, 41 Stat. 1089.)
1The Honorable Stephen N. Limbaugh, United States District Judge for the

Eastern District of Missouri.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 01-1319

___________

United States of America, *

*

Appellee, *

* Appeal from the United States

v. * Distict Court for the Eastern

* District of Missouri.

Merlin Osmar Alvarez-Diaz, *

* [UNPUBLISHED]

Appellant. *

___________

 Submitted: September 7, 2001

 Filed: September 25, 2001 

___________

Before BOWMAN, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

___________

PER CURIAM.

Merlin Osmar Alvarez-Diaz, a Mexican citizen, appeals the sentence of

60 months imprisonment and 3 years supervised release imposed on him by the district

court1 after he pleaded guilty to illegal reentry following deportation, in violation of 8

U.S.C. § 1326(a) and (b)(2). On appeal, counsel moved to withdraw under Anders v.

California, 386 U.S. 738 (1967), and filed a brief arguing that U.S.S.G.

§ 2L1.2(b)(1)(A) (16-level increase if defendant was deported after aggravated-felony
-2-

conviction) is inflexibly harsh given the lack of seriousness of Mr. Alvarez-Diaz’s prior

convictions, that counsel should have requested a downward departure, and that the

court should have departed sua sponte. 

We reject these arguments seriatim. First, there is no jurisdictional basis for

review of a sentence on the ground that it is too harsh. See 18 U.S.C. §3742(a)

(grounds for appeal of sentence by defendant). Second, Mr. Alvarez-Diaz’s suggestion

that counsel was ineffective should be raised in a 28 U.S.C. § 2255 proceeding, if at

all. See United States v. Cain, 134 F.3d 1345, 1352 (8th Cir. 1998). Third, the district

court did not plainly err by not departing on its own accord. See United States v.

Montgomery, Nos. 98-4688/4691/4816/ 4689/4692/4690/4693, 2001 WL 810346, at

*15 n.6 (4th Cir. July 17, 2001). In any event, because Mr. Alvarez-Diaz had

additional prior felony convictions, he could not be considered for the kind of departure

he now seeks. See U.S.S.G. § 2L1.2, comment. (n.5) (downward departure may be

warranted based on seriousness of aggravated felony if, inter alia, defendant has

previously been convicted of only one felony offense).

Having reviewed the record independently pursuant to Penson v. Ohio, 488 U.S.

75 (1988), we have found no nonfrivolous issues for appeal. 

Accordingly, we grant counsel’s motion to withdraw and we affirm.

A true copy.

Attest:

 CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT
### §6932. Transferred

#### **Editorial Notes**

#### Codification

Section, Pub. L. 89–272, title II, §3012, as added Pub. L. 96–463, §7(a), Oct. 15, 1980, 94 Stat. 2057, was redesignated section 3014 of Pub. L. 89–272 by Pub. L. 98–616, title V, §502(g)(1), Nov. 8, 1984, 98 Stat. 3277, and was transferred to section 6935 of this title.
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)
    
    the accompanying Annual Report on Form 10-K, as amended by Amendment No. 1 on Form
10-K/A, of the Company for the year ended December 31, 2009 (the Report) fully complies
with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities
Exchange Act of 1934, as amended; and(ii)
    
    the information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.
  By:
    /s/ KIMBERLY K. SCHAEFERKimberly K. SchaeferChief Executive Officer