alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff - Appellee,
v. CARLOS ALAMILLA RAMIREZ, Defendant - Appellant. No. 14-50055 D.C. No. 3:13-cr-03097-LAB-1
MEMORANDUM *

Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding Submitted April 8, 2015 ** Pasadena California Before: KLEINFELD and CLIFTON, Circuit Judges and SEEBORG, *** District Judge. 

# FILED
APR 14 2015 MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable Richard Seeborg, Di strict Judge for the U.S. District Court for the Northern District of California, sitting by designation.Carlos Ramirez appeals the 63-month sentence imposed following his guilty plea conviction of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g). We have jurisdiction under 28 U.S.C. § 1291 and affirm the sentence. Whether the government violated the term s of a plea agreement is reviewed de novo. United States v. Schuman , 127 F.3d 815, 817 (9th Cir. 1997) (per curiam). But whether the facts demonstrate that there was a breach of a plea agreement is reviewed for clear error. United States v. Salemo , 81 F.3d 1453, 1460 (9th Cir. 1996).
The government did not advocate for a two-level enhancement for a stolen firearm in violation of Ramir ez’s plea agreement. By its plain terms the agreement states, “[n]othing in this plea agreement shall be construed as limiting the Government’s duty to provide complete and accurate facts to the district court and the U.S. Probation Office.” It was not clear error for the district court to find that the prosecutor was not advocating for a two-level enhancement when he acknowledged to the probation officer, in a phone call prior to sentencing, that the gun found in Ramirez’s car was reported stolen. See United States v. Hinkson , 585 F.3d 1247, 1261–63 (9th Cir. 2009) (en banc). Even absent such a finding of fact,

2the record in this case would not support the conclusion that the government breached the plea agreement.
Although it is debatable whether a report of a gun being stolen is conclusive evidence that it was indeed stolen, here, it was not clear error for the district judge to rely on the PSR and find by a preponderance of the evidence that the gun was stolen. 1 SeeUnited States v. Maldonado , 215 F.3d 1046, 1051 (9th Cir. 2000).

AFFIRMED.

1 We will, however, grant Ramirez’s motion to strike page 8 of the government’s supplemental excerpts of record containing the police report of Ramirez’s arrest, because the document was not before the district court. 3
### §9523. Repealed. Pub. L. 97–35, title IX, §902(e)(1), Aug. 13, 1981, 95 Stat. 560

Section, Pub. L. 96–398, title VIII, §806, Oct. 7, 1980, 94 Stat. 1609, related to contracting authority.

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

#### Effective Date of Repeal

Repeal effective Oct. 1, 1981, see section 902(h) of Pub. L. 97–35, set out as an Effective Date of 1981 Amendment note under section 238l of this title.
### §10306. Exhibiting merchant mariners' documents

Before signing the agreement required by section 10302 of this title, each individual required by section 8701 of this title to have a merchant mariner's document shall exhibit to the master or individual in charge a document issued to the individual, appropriately endorsed for the capacity in which the individual is to serve.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 564; Pub. L. 103–206, title IV, §404, Dec. 20, 1993, 107 Stat. 2436.)

| Revised section | Source section (U.S. Code) |
| --- | --- |
| 10306 | 46:643(c) |

Section 10306 requires a seaman to exhibit an appropriately endorsed merchant mariner's document to the shipping commissioner before signing a shipping agreement. When a master acts as a shipping commissioner, the same procedure applies.

#### **Editorial Notes**

#### Amendments

1993—Pub. L. 103–206 substituted "master or individual in charge" for "shipping commissioner".
### **CHAPTER 411—PROHIBITIONS AND PENALTIES**

Sec.
41101.
Joint ventures and consortiums.
41102.
General prohibitions.
41103.
Disclosure of information.
41104.
Common carriers.
41105.
Concerted action.
41105A.
Authority.
41106.
Marine terminal operators.
41107.
Monetary penalties. 1

41108.
Additional penalties.
41109.
Assessment of penalties.
41110.
Data collection.

#### **Editorial Notes**

#### Amendments

**2022**—Pub. L. 117–146, §9(c), June 16, 2022, 136 Stat. 1277, added item 41110.

**2018**—Pub. L. 115–282, title VII, §709(b)(2), Dec. 4, 2018, 132 Stat. 4296, added item 41105A.

1  Section catchline amended by Pub. L. 117–146 without corresponding amendment of chapter analysis.
§ 902.45 Management operations scoring and thresholds. ( a ) *Scoring.* Under the management operations indicator, HUD will calculate a score for each project, as well as for the overall management operations of a PHA, that reflects weights based on the relative importance of the individual management subindicators.
( b ) *Overall PHA management operations indicator score.* The overall management operations indicator score is a unit-weighted average of project scores. The sum of the weighted values is divided by the total number of units in the PHA's portfolio to derive the overall management operations indicator score.
( c ) *Thresholds.* ( 1 ) The PHA's management operations score is based on a maximum of 25 points.
( 2 ) In order to receive a passing score under the management operations indicator, a PHA must achieve a score of at least 15 points or 60 percent.
( 3 ) A PHA that receives fewer than 15 points will be categorized as a substandard management operations agency.
### §§1274 to 1274i. Transferred

#### **Editorial Notes**

#### Codification

Sections 1274 to 1274i of this title were transferred to section 1351 et seq. of Title 22, Foreign Relations and Intercourse, and were subsequently omitted from the Code.

Section 1274, act Apr. 30, 1946, ch. 244, title V, §501, 60 Stat. 155, related to suspension and termination of agreement in case of discrimination, and was transferred to section 1351 of Title 22.

Section 1274a, act Apr. 30, 1946, ch. 244, title V, §502, 60 Stat. 155, related to suspension of title I of act Apr. 30, 1946, and was transferred to section 1352 of Title 22.

Section 1274b, act Apr. 30, 1946, ch. 244, title V, §503, 60 Stat. 156, related to customs duties on importations from Philippines, and was transferred to section 1353 of Title 22.

Section 1274c, act Apr. 30, 1946, ch. 244, title V, §504, 60 Stat. 156, related to quotas on Philippine articles, and was transferred to section 1354 of Title 22.

Section 1274d, act Apr. 30, 1946, ch. 244, title V, §505(b), 60 Stat. 157, related to suspension of processing tax on coconut oil, and was transferred to section 1355 of Title 22.

Section 1274e, act Apr. 30, 1946, ch. 244, title V, §506(a), 60 Stat. 157, related to termination of payments into Philippine treasury, and was transferred to section 1356 of Title 22.

Section 1274f, act Apr. 30, 1946, ch. 244, title V, §508, 60 Stat. 158, related to trade agreements with the Philippines, and was transferred to section 1357 of Title 22.

Section 1274g, act Apr. 30, 1946, ch. 244, title V, §509, 60 Stat. 158, related to rights of third countries, and was transferred to section 1358 of Title 22.

Section 1274h, act Apr. 30, 1946, ch. 244, title V, §510, 60 Stat. 158, related to administration of title I of act Apr. 30, 1946, and was transferred to section 1359 of Title 22.

Section 1274i, act Apr. 30, 1946, ch. 244, title I, §2, 60 Stat. 141, related to definitions of terms used in act Apr. 30, 1946, and was transferred to section 1360 of Title 22.
Editorial Note on Part 1206
Editorial Note: Nomenclature changes to part 1206 (formerly part 206) appear at 67 FR 19111, Apr. 18, 2002.

§ 1206.114 How will ONRR identify market centers? ONRR will monitor market activity and, if necessary, add to or modify the list of market centers that we publish to *www.onrr.gov*. ONRR will consider the following factors and conditions in specifying market centers: ( a ) Points where ONRR-approved publications publish prices useful for index purposes
( b ) Markets served
( c ) Input from industry and others knowledgeable in crude oil marketing and transportation
( d ) Simplification
( e ) Other relevant matters
###### Editorial Note on Part 982

#### Editorial Note:

Nomenclature changes to part 982 appear at 64 FR 26640, May 14, 1999, and at 89 FR 38293, May 7, 2024.

#### § 982.304 Illegal discrimination: PHA assistance to family.

A family may claim that illegal discrimination because of race, color, religion, sex, national origin, age, familial status or disability prevents the family from finding or leasing a suitable unit with assistance under the program. The PHA must give the family information on how to fill out and file a housing discrimination complaint.

(Approved by the Office of Management and Budget under control number 2577-0169)

[60 FR 34695, July 3, 1995, as amended at 60 FR 45661, Sept. 1, 1995]
121 STAT. 1018 PUBLIC LAW 110–102—OCT. 24, 2007 

LEGISLATIVE HISTORY—H.R. 2778: 

CONGRESSIONAL RECORD, Vol. 153 (2007): 

Sept. 10, considered and passed House. 

Oct. 3, considered and passed Senate. 

Æ 

Public Law 110–102 

110th Congress 

An Act 

To designate the facility of the United States Postal Service located at 3 Quaker 

Ridge Road in New Rochelle, New York, as the ‘‘Robert Merrill Postal Station’’. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. ROBERT MERRILL POSTAL STATION. 

(a) DESIGNATION.—The facility of the United States Postal 

Service located at 3 Quaker Ridge Road in New Rochelle, New 

York, shall be known and designated as the ‘‘Robert Merrill Postal 

Station’’. 

(b) REFERENCES.—Any reference in a law, map, regulation, 

document, paper, or other record of the United States to the facility 

referred to in subsection (a) shall be deemed to be a reference 

to the ‘‘Robert Merrill Postal Station’’. 

Approved October 24, 2007. 

Oct. 24, 2007 

[H.R. 2778] 


dkrause on GSDDPC29 with PUBLIC LAWS
CALIFORNIA AIR RESOURCES BOARD



### APCD/AQMD RULE EVALUATION FORM -- Page 1

(Electronic Format)

I. GENERAL INFORMATION

District: San Luis Obispo Air Pollution Control Di strict

Rule No(s): 220 Date adopted/Amended/Rescinded: January 22, 2014

Rule Title(s): Federal Prevention of Significant D eterioration

Date Submitted to ARB: December 21, 2013

If an Amended Rule, Date Last Amended (or Adopted): March 23, 2011

Is the Rule Intended to be Sent to the U.S. EPA as a SIP Revision? Yes No ( If No, do not complete remainder of form)

District Contact: David Whitney Phone Number: (8 05)781-5756 E-mail Address: dwhitney@co.slo.ca.us

Narrative Summary of New Rule or Rule Changes: New Rule Amended Rule

Pollutant(s) Regulated by the Rule (Check): ROG (NOx) SO2

(CO) PM TAC (name):GHGs

II. EFFECT ON EMISSIONS

Complete this section ONLY for rules that, when imp lemented, will result in quantifiable changes in em issions. Attach reference(s) for emission

factor(s) and other information. Attach calculatio n sheet showing how the emission information provid ed below was determined

.

Net Effect on Emissions: Increase Decrease N/A

Emission Reduction Commitment in SIP for this Sourc e Category: None

Inventory Year Used to Calculate Changes in Emissio ns: N/A Area Affected: All

Future Year Control Profile Estimate (Provide information on as many years as possible) :CALIFORNIA AIR RESOURCES BOARD



### APCD/AQMD RULE EVALUATION FORM -- Page 2

(Electronic Format)

Baseline Inventory in the SIP for the Control Measu re:

Emissions Reduction Commitment in the SIP for the C ontrol Measure:

Revised Baseline Inventory (if any):

Revised Emission Reduction Estimate (if developed):

Note that the district’s input to the Rule Evaluati on Form will not be used as input to the ARB’s emis sion forecasting and

planning.

III. SOURCES/ATTAINMENT STATUS

District is: Attainment Nonattainment Split

Approximate Total Number of Small (<100 TPY) Source s Affected by this Amendment: 0

Percent in Nonattainment Area: 45%

Number of Large (> 100 TPY) Sources Controlled: 1 Percent in Nonattainment Area: 0%

Name(s) and Location(s) (city and county) of Large (> 100 TPY) Sources Controlled by Rule (Attach additional sheets as

necessary) : Phillips 66 Refinery, Nipomo

IV. EMISSION REDUCTION TECHNOLOGY

Does the Rule Include Emission Limits that are Cont inuous? Yes No

If Yes, Those Limits are in Section(s) of th e Rule.

Other Methods in the Rule for Achieving Emission Re ductions are:

V. OTHER REQUIREMENTS

The Rule Contains:

Emission Limits in Section(s): Work Pract ice Standards in Section(s):

Recordkeeping Requirements in Section(s): R eporting Requirements in Section(s):CALIFORNIA AIR RESOURCES BOARD



### APCD/AQMD RULE EVALUATION FORM -- Page 3

(Electronic Format)

5/1/2002 3

VI. IMPACT ON AIR QUALITY PLAN

No Impact Impacts RFP Impacts attainment

Discussion:
#### PRINZ, Appellant, v. CITIZENS’ INS. CO., Respondent.

(Supreme Court, Appellate Division, Second Department.

January 30, 1903.)

Action by Henrietta Prinz against the Citizens’ Insurance Company.

No opinion. This case has been submitted upon the assumption that the record contains all_the evidence, although there is no certificate to that effect. In order that this omission may be supplied, the decision of the case will be deferred to enable counsel to insert the proper certificate.
[if !vml]>[endif]>
[if !vml]>[endif]>
Youhave reached the Federal Depository Library Program Electronic Collection(FDLP/EC) Archive. This archive assures ongoing access to publications in theFDLP/EC. Access to publications in the archive is available through GPO's suiteof cataloging and locator services, including the Catalog of U.S. GovernmentPublications (CGP).
**Title:****JPRS report. Epidemiology.
 
SuDoc Number:PREX 7.14/2: | PREX 7.13:JPRS-TEP-
Item Number:1067-M-01 (online)
CGP System Number: 001004341
 
September 27, 2017
 
 
 **
[Federal Register Volume 85, Number 235 (Monday, December 7, 2020)]
[Notices]
[Page 78870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26855]


=======================================================================
-----------------------------------------------------------------------

EMPLOYMENT AND TRAINING ADMINISTRATION


Federal-State Unemployment Compensation Program: Certifications 
for 2020 Under the Federal Unemployment Tax Act; Correction

AGENCY: Employment and Training Administration, Labor.

ACTION: Notice; correction.

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

SUMMARY: The Employment and Training Administration, Labor, published a 
document in the Federal Register of November 6, 2020, concerning the 
annual certifications under the Federal Unemployment Tax Act. The 
document contained draft verbiage instead of the final approved 
verbiage.

SUPPLEMENTARY INFORMATION:

Correction

    In the Federal Register of November 6, 2020, in FR Doc. 2020-24650 
(85 FR 71101), on page 71101, correct under the SUMMARY caption, in 
paragraph two, column two to read:

    Enclosed, pursuant to the requirements of the Federal 
Unemployment Tax Act, are an original and a copy of two separate 
certifications regarding state unemployment compensation laws, for 
the 12-month period ending on October 31, 2020. One certification is 
for the ``normal'' federal unemployment tax credit required under 
the Internal Revenue Code of 1986, and the other certification is 
for the ``additional'' tax credit under the Code. Both 
certifications list all 53 jurisdictions.

    In paragraph four, column two, correct to read:

CERTIFICATION OF STATES TO THE SECRETARY OF THE TREASURY PURSUANT TO 
SECTION 3304(c) OF THE INTERNAL REVENUE CODE OF 1986

    Pursuant to Section 3304(c) of the Internal Revenue Code of 1986 
(26 U.S.C. 3304(c)), I hereby certify to the Secretary of the 
Treasury the following States (including the District of Columbia, 
the Commonwealth of Puerto Rico, and the Virgin Islands), for the 
12-month period ending on October 31, 2020. These States' 
unemployment compensation laws, which have previously been approved 
under the Federal Unemployment Tax Act, meet the requirements of 
Section 3304(c) of the Code;

    And in paragraph four, column three, correct to read:

CERTIFICATION OF STATE UNEMPLOYMENT COMPENSATION LAWS TO THE SECRETARY 
OF THE TREASURY PURSUANT TO SECTION 3303(b)(l) OF THE INTERNAL REVENUE 
CODE OF 1986

    Pursuant to Section 3303(b)(1) of the Internal Revenue Code of 
1986 (26 U.S.C. 3303(b)(l)), I hereby certify to the Secretary of 
the Treasury the unemployment compensation laws of the following 
States (including the District of Columbia, the Commonwealth of 
Puerto Rico, and the Virgin Islands), for the 12-month period ending 
on October 31, 2020. These States' laws have previously been 
certified under Section 3303(b)(3) of the Code.

John Pallasch,
Assistant Secretary for Employment and Training, Labor.
[FR Doc. 2020-26855 Filed 12-4-20; 8:45 am]
BILLING CODE 4510-FW-P
### §57505. Employment of vessels on foreign trade routes

(a) In General.—The Secretary of Transportation shall arrange for the employment of the Department of Transportation's vessels in steamship lines on such trade routes, exclusively serving the foreign trade of the United States, as the Secretary determines are essential for the development and maintenance of the commerce of the United States and the national defense. However, the Secretary shall first determine that those routes are not being adequately served by existing steamship lines privately owned and operated by citizens of the United States and documented under the laws of the United States.

(b) Policy To Encourage Private Operation.—The Secretary shall have a policy of encouraging private operation of each essential steamship line now owned by the United States Government by—

(1) selling the line to a citizen of the United States; or

(2) demising the Secretary's vessels on bareboat charter to citizens of the United States who agree to maintain the line in the manner provided in this chapter.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1665.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 57505(a) | 46 App.:1195 (1st sentence). | June 29, 1936, ch. 858, title VII, §705 (1st, 2d sentences), 49 Stat. 2009; Pub. L. 97–31, §12(107), Aug. 6, 1981, 95 Stat. 163. |
| 57505(b) | 46 App.:1195 (2d sentence). | |

Section

In subsection (a), the words "As soon as practicable after June 29, 1936, and continuing thereafter" are omitted as obsolete. The words "However, the Secretary shall first determine that those routes are not being adequately served" are substituted for "Provided, That such needs are not being adequately served" for clarity and because provisos are disfavored in modern drafting.

In subsection (b)(1), the words "in the manner provided in section 7 of the Merchant Marine Act, 1920 [46 App. U.S.C. 866], and in strict accordance with the provisions of section 5 of said Act" are omitted because section 5 of that Act was repealed in 1988, and section 7 is being repealed as obsolete by this bill without being restated.
§ 882.804 Other Federal requirements. ( a ) Participation in this program requires compliance with the Federal requirements set forth in 24 CFR 5.105, with the Americans with Disabilities Act (42 U.S.C. 12101 *et seq.*), and with the regulations in 24 CFR part 5, subpart L (Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking).
( b ) In order to facilitate emergency transfers for victims of domestic violence, dating violence, sexual assault, or stalking, covered housing providers have discretion to adopt and modify any existing admission preferences or transfer waitlist priorities for victims of domestic violence, dating violence, sexual assault, or stalking.
( c ) Covered housing providers must develop and implement an emergency transfer plan that meets the requirements in 24 CFR 5.2005(e), and when a safe unit is not immediately available for a victim of domestic violence, dating violence, sexual assault, and stalking who qualifies for an emergency transfer, covered housing providers must, at a minimum: ( 1 ) Review the covered housing provider's existing inventory of units and determine when the next vacant unit may be available; and
( 2 ) Provide a listing of nearby HUD subsidized rental properties, with or without preference for persons of domestic violence, dating violence, sexual assault, or stalking, and contact information for the local HUD field office.
( d ) Each year, the covered housing provider must submit to HUD data on all emergency transfers requested under 24 CFR 5.2005(e), pertaining to victims of domestic violence, dating violence, sexual assault, or stalking, including data on the outcomes of such requests.
( e ) For agreements covering nine or more assisted units, the following requirements for labor standards apply: ( 1 ) Not less than the wages prevailing in the locality, as determined by the Secretary of Labor under the Davis-Bacon Act (40 U.S.C. 276a through 276a-5), must be paid to all laborers and mechanics employed in the development of the project, other than volunteers under the conditions set out in 24 CFR part 70;
( 2 ) The employment of laborers and mechanics is subject to the provisions of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333); and
( 3 ) HAs, owners, contractors, and subcontractors must comply with all related rules, regulations, and requirements.
( f ) The environmental review requirements of 24 CFR part 58, implementing the National Environmental Policy Act and related environmental laws and authorities, apply to this program.
[61 FR 48057, Sept. 11, 1996, as amended at 81 FR 80812, Nov. 16, 2016]
### §12116. Limited endorsements for Guam, American Samoa, and Northern Mariana Islands

(a) Endorsements.—A vessel satisfying the requirements of subsection (b) may be issued—

(1) a coastwise endorsement to engage in the coastwise trade of fisheries products between places in Guam, American Samoa, and the Northern Mariana Islands; or

(2) a fishery endorsement to engage in fishing in the territorial sea and fishery conservation zone adjacent to Guam, American Samoa, and the Northern Mariana Islands.

(b) Requirements.—An endorsement may be issued under subsection (a) for a vessel that—

(1) satisfies the requirements of section 12103 of this title;

(2) was not built in the United States, except that for an endorsement under subsection (a)(2), the vessel must not have been built or rebuilt in the United States;

(3) is less than 200 gross tons as measured under section 14502 of this title, or an alternate tonnage as measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title; and

(4) otherwise qualifies under the laws of the United States to engage in the coastwise trade or the fisheries, as the case may be.

(Pub. L. 109–304, §5, Oct. 6, 2006, 120 Stat. 1499.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 12116 | 46:12106(c). | |
| | 46:12108(c). | |

Section

#### **Editorial Notes**

#### Prior Provisions

A prior section 12116, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 589, originally derived from section 65f of former Title 46, Shipping, related to numbers, signal letters, and identification markings, prior to being repealed by Pub. L. 100–710, title I, §§106(b)(5), 107(a), Nov. 23, 1988, 102 Stat. 4752, effective Jan. 1, 1989.

#### **Executive Documents**

#### Territorial Sea of United States

For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands.