alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
*Honorable Richard Mills, U.S. District Court Judge, Central District of

Illinois, sitting by designation.

F I L E D

United States Court of Appeals

Tenth Circuit

NOV 13 2000

PATRICK FISHER

Clerk

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

RIGOBERTO PACHECO,

Defendant - Appellant.

No. 00-2131

(D.C. No. CR-99-767-JP)

(D. New Mexico)

ORDER

Before LUCERO, ANDERSON, Circuit Judges, and MILLS*, District Judge.

The Court, in order to correct a clerical error in the issuance of this order

dated November 13, 2000, hereby reissues the order to reflect the correct day in the

last paragraph regarding the previously scheduled oral argument, from Thursday to

Friday, the rest of the order remains the same.

The order is reissued nunc pro tunc and is to read as follows:

Defendant-appellant Rigoberto Pacheco was sentenced to a mandatory

minimum fifteen-year sentence pursuant to 18 U.S.C. § 924(e), the Armed Career
-2-

Criminal Act (“the Act”), which applies to defendants who have three or more

convictions for violent felonies and/or serious drug offenses. Pacheco has filed an

“Unopposed Motion for Remand” arguing he should not have been sentenced under

the Act and requesting resentencing by the district court.

In its answer brief filed in opposition to Pacheco’s appeal, the government

concedes the district court erred in sentencing Pacheco under the Act because one

of his prior convictions did not meet the statutory definition of a serious drug

offense. Under the Act, a drug conviction must have a maximum term of

imprisonment of ten or more years to qualify as a “serious drug offense.” 18 U.S.C.

§ 924(e)(2)(A)(ii). Pacheco’s 1985 conviction in California under Cal. Health &

Safety Code § 11379.5 for selling or transporting PCP, including an enhancement

under Cal. Penal Code § 667.5(b), had a maximum term of less than ten years. The

government also concedes that sentencing Pacheco under § 924(e) was plain error.

Given the nature of Pacheco’s prior conviction and the government’s

concession, we GRANT Pacheco’s motion, VACATE his sentence, and REMAND

for resentencing without application of the Act’s mandatory minimum. We also note

Pacheco’s appeal challenges the district court’s ruling that his prior conviction in

California for attempted robbery was a violent felony under 18 U.S.C. § 924(e). We

VACATE the district court’s determination in that regard as well, leaving resolution

of the issue for another day.
-3-

The oral argument previously scheduled for Friday, November 17, 2000 is

vacated and counsel are excused from attendance. A certified copy of this order

shall stand as and for the mandate of this court. 

Entered for the Court

PATRICK FISHER, Clerk of Court

by:

Shannon K. Sullivan

Deputy Clerk
### §7314. Service requirements for qualified members of engine departments

To qualify for an endorsement as qualified member of the engine department, an applicant must provide proof that the applicant has 6 months' service in the related entry rating as described in section 7313(b) of this title.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 544.)

| Revised section | Source section (U.S. Code) |
| --- | --- |
| 7314 | 46:672(g) |

Section 7314 requires individuals who wish to have their documents endorsed as a qualified member of the engine department must have at least 6 months service as a wiper or coal passer.
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Source

★ at 39.44 N 77.04 W Meters AGL
### §6104. Commercial fishing industry vessel casualty statistics

(a) The Secretary shall compile statistics concerning marine casualties from data compiled from insurers of fishing vessels, fish processing vessels, and fish tender vessels.

(b) A person underwriting primary insurance for a fishing vessel, fish processing vessel, or fish tender vessel shall submit periodically to the Secretary data concerning marine casualties that is required by regulations prescribed by the Secretary.

(c) After consulting with the insurance industry, the Secretary shall prescribe regulations under this section to gather a statistical base for analyzing vessel risks.

(d) The Secretary may delegate to a qualified person that has knowledge and experience in the collection of statistical insurance data the authority of the Secretary under this section to compile statistics from insurers.

(Added Pub. L. 100–424, §4(a), Sept. 9, 1988, 102 Stat. 1590.)
#### The People of the State of New York, Respondent, v Lamar Williams, Appellant.

Appeal by defendant from a judgment of the County Court, Nassau County, rendered September 8, 1976, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence. This appeal also brings up for review the denial, after a hearing, of defendant’s motion to suppress certain statements. Judgment reversed, on the law, defendant’s motion granted to the extent that the statement given to Officer Lopiccolo on March 24, 1976, at about 6:00 a.m. at the Nassau County Medical Center, is suppressed; the guilty plea is vacated and the case is remitted to the County Court, Nassau County, for further proceedings under the indictment. We find that on March 24, 1976, at about 12:15 a.m. and while under arrest, defendant, having been given his *Miranda*warnings (see *Miranda v Arizona,*384 US 436) by Detective Carey, asserted his right to remain silent. Notwithstanding this, at about 6:00 a.m. that same morning, while in the Nassau County Medical Center, the defendant, *1045without again being given his *Miranda*warnings, was questioned by Officer Lopiccolo. The officer testified: "After he was examined by the doctor they mentioned he had drank vodka and a half bottle of methadone. At this point I asked him how long did this high last. He said around three o’clock in the morning. Then I asked him, 'were you high when you did the robbery?’ He said, 'Yes, we were both flying.’ ” This was clearly in violation of defendant’s *Miranda*rights (cf. *Michigan v Mosley,*423 US 96). Accordingly, defendant’s motion to suppress should be granted solely to the extent of suppressing the above statement. We find no basis for suppressing any of the other statements allegedly made by defendant. Defendant also argues that (1) in the course of the prior felony offender hearing he should have been allowed to substitute retained counsel for assigned counsel and (2) the sentence was excessive. We have reviewed those contentions and find them to be without merit. Suozzi, J. P., Cohalan, Hargett and Hawkins, JJ., concur.
§ 1241.2 What leases are subject to this part? This part applies to: ( a ) All Federal mineral leases onshore and on the OCS.
( b ) All Federally-administered mineral leases on Indian Tribal and individual Indian mineral owners' lands, regardless of the statutory authority under which the lease was issued or maintained.
( c ) All easements, rights of way, and other agreements subject to 43 U.S.C. 1337(p).
### §416. Orders of Commission

#### (a) Service

Every order of the Commission shall be forthwith served upon the designated agent of the carrier in the city of Washington or in such other manner as may be provided by law.

#### (b) Suspension or modification

Except as otherwise provided in this chapter, the Commission is authorized to suspend or modify its orders upon such notice and in such manner as it shall deem proper.

#### (c) Compliance

It shall be the duty of every person, its agents and employees, and any receiver or trustee thereof, to observe and comply with such orders so long as the same shall remain in effect.

(June 19, 1934, ch. 652, title IV, §416, 48 Stat. 1100.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in subsec. (b), was in the original "this Act", meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.
NASA LogoNTRSNTRS - NASA Technical Reports ServerSearchmore_vertCollectionsAboutNewsHelpLogin Back to ResultsStatic internal performance of single-expansion-ramp nozzles with thrust-vectoring capability up to 60 degAn investigation has been conducted at static conditions (wind off) in the static-test facility of the Langley 16-Foot Transonic Tunnel. The effects of geometric thrust-vector angle, sidewall containment, ramp curvature, lower-flap lip angle, and ramp length on the internal performance of nonaxisymmetric single-expansion-ramp nozzles were investigated. Geometric thrust-vector angle was varied from -20 deg. to 60 deg., and nozzle pressure ratio was varied from 1.0 (jet off) to approximately 10.0.Document ID19870001406Acquisition SourceLegacy CDMSDocument TypeTechnical Publication (TP)AuthorsBerrier, B. L.*(NASA Langley Research Center Hampton, VA, United States)*Leavitt, L. D.*(NASA Langley Research Center Hampton, VA, United States)*Date AcquiredSeptember 5, 2013Publication DateOctober 1, 1984Subject CategoryAerodynamicsReport/Patent NumberL-15766NAS 1.60:2364NASA-TP-2364Accession Number87N10839Funding Number(s)PROJECT: RTOP 505-43-90-07Distribution LimitsPublicCopyrightWork of the US Gov. Public Use Permitted.Available DownloadsNameType19870001406.pdfSTIcloud_downloadcontent_copyvisibilityRelated RecordsThere are no records associated with this record.visibility_offNo Preview Available
 No Fear Act | Freedom of Information Act | Office of the Inspector General | Agency Financial ReportsNASA Web Privacy Policy and Important Notices | NASA Guidelines for Quality of InformationDisclaimers, Copyright, Terms of Use | Accessibility | NASA OCIO | USA.gov | NASA.govContact Us | Site MapSTI LogoNASA Official: JoAnne R. Calhoun Site Curator: STI Compliance and Distribution Services Last Modified: September 12, 2024
### §948. Application to existing and future canals

The provisions of sections 946 to 949 of this title shall apply to all canals, ditches, or reservoirs, heretofore or hereafter constructed, whether constructed by corporations, individuals, or association of individuals, on the filing of the certificates and maps therein provided for. If such ditch, canal, or reservoir has been or shall be constructed by an individual or association of individuals, it shall be sufficient for such individual or association of individuals to file with the Secretary of the Interior, and with the officer, as the Secretary of the Interior may designate, of the land office where said land is located, a map of the line of such canal, ditch, or reservoir, as in case of a corporation, with the name of the individual owner or owners thereof, together with the articles of association, if any there be. Plats filed before March 3, 1891, shall have the benefits of sections 946 to 949 of this title from the date of their filing, as though filed thereunder: Provided, That if any section of said canal or ditch shall not be completed within five years after the location of said section, the rights therein granted shall be forfeited as to any uncompleted section of said canal, ditch, or reservoir, to the extent that the same is not completed at the date of the forfeiture.

(Mar. 3, 1891, ch. 561, §20, 26 Stat. 1102; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

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

#### Repeal; Savings Provision

Section repealed by Pub. L. 94–579, title VII, §706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as applicable to the issuance of rights-of-way over, upon, under, and through the public lands and lands in the National Forest System. Such repeal not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

#### **Executive Documents**

#### Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title.

"Officer, as the Secretary of the Interior may designate" substituted for "register" on authority of section 403 of Reorg. Plan No. 3 of 1946, which abolished all registers of district lands offices and transferred functions of register of district land office to Secretary of the Interior. See section 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title.
#### § 203.70 What information must I provide after BSEE approves relief?

You must submit reports to us as indicated in the following table. Sections 203.81, 203.90, and 203.91 describe what these reports must include. The BSEE Regional Office for your region will prescribe the formats.

| Required report | When due to BSEE | Due date extensions |
| --- | --- | --- |
| (a) Fabricator's confirmation report. | Within 18 months after approval of relief. | BSEE Director may grant you an extension under § 203.79(c) for up to 6 months. |
| (b) Post-production report. | Within 120 days after the start of production that is subject to the approved royalty suspension volume. | With acceptable justification from you, the BSEE Regional Director for your region may extend the due date up to 30 days. |
### §353a. Operators and watches on radiotelephone equipped ships

(a) Each cargo ship which in accordance with this part is equipped with a radiotelephone station shall, for safety purposes, carry at least one operator who may be the master, an officer, or a member of the crew.

(b) Each cargo ship of the United States which in accordance with this part is equipped with a radiotelephone station shall, while being navigated in the open sea outside of a harbor or port, maintain continuous watch whenever the station is not being used for authorized traffic.

(June 19, 1934, ch. 652, title III, §354, as added Aug. 13, 1954, ch. 729, §2(b), 68 Stat. 706; amended Pub. L. 89–121, §5, Aug. 13, 1965, 79 Stat. 514.)

#### **Editorial Notes**

#### Amendments

1965—Pub. L. 89–121 substituted "radiotelephone station" for "radiotelephone installation" in two places, and "one operator who may be the master, an officer, or a member of the crew" for "one qualified operator who may be a member of the crew holding only a certificate for radio telephony", inserted "in the open sea" before "outside of a harbor", and required a continuous watch whenever the station is not being used for authorized traffic.
[Exhibit 32.1]


          CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER
               PURSUANT TO 18 U.S.C. SECTION 1350

     In connection with the accompanying Quarterly Report on Form
10-QSB of Liteglow Industries, Inc. for the period ended June 30,
2003,  Spencer Krumholz, Chairman and CEO of Liteglow Industries,
Inc.  hereby  certifies pursuant to 18 U.S.C.  Section  1350,  as
adopted  pursuant  to  Section 906 of the Sarbanes-Oxley  Act  of
2002, to the best of his knowledge and belief, that:

     1.   Such  Quarterly Report on Form 10-QSB  for  the  period
     ended June 30, 2003, fully complies with the requirements of
     section  13(a)  or 15(d) of the Securities Exchange  Act  of
     1934; and

     2.    The information contained in such Quarterly Report  on
     Form  10-QSB  for  the period ended June  30,  2003,  fairly
     presents,  in all material respects, the financial condition
     and results of operations of Liteglow Industries, Inc.

                                   LITEGLOW INDUSTRIES, INC.


Date: August 11, 2003              /s/  Spencer Krumholz
                                   -----------------------------
                                   Spencer Krumholz,
                                   Chief Executive Officer
                                   & Chief Financial Officer
```

[110th Congress Public Law 170]
[From the U.S. Government Printing Office]

[DOCID: f:publ170.110]

[[Page 121 STAT. 2465]]

Public Law 110-170
110th Congress

                                 An Act

 
  To amend the Public Health Service Act to modify the program for the 
 sanctuary system for surplus chimpanzees by terminating the authority 
      for the removal of chimpanzees from the system for research 
             purposes. <<NOTE: Dec. 26, 2007 -  [S. 1916]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Chimp Haven is Home 
Act.>> assembled,
SECTION 1. <<NOTE: 42 USC 201 note.>> SHORT TITLE.

    This Act may be cited as the ``Chimp Haven is Home Act''.
SEC. 2. SANCTUARY SYSTEM FOR SURPLUS CHIMPANZEES; TERMINATION OF 
                    AUTHORITY FOR REMOVAL FROM SYSTEM FOR RESEARCH 
                    PURPOSES.

    (a) In General.--The first section 481C of the Public Health Service 
Act (42 U.S.C. 287a-3a) (added by section 2 of Public Law 106-551) is 
amended in subsection (d)--
            (1) in paragraph (2), in subparagraph (J), by striking ``If 
        any chimpanzee is removed'' and all that follows; and
            (2) in paragraph (3)--
                    (A) in subparagraph (A)--
                          (i) by striking clause (ii); and
                          (ii) by striking ``except as provided'' in the 
                      matter preceding clause (i) and all that follows 
                      through ``behavioral studies'' and inserting the 
                      following: ``except that the chimpanzee may be 
                      used for noninvasive behavioral studies'';
                    (B) by striking subparagraph (B);
                    (C) by redesignating subparagraph (C) as 
                subparagraph (B); and
                    (D) in subparagraph (B) (as so redesignated), by 
                striking ``under subparagraphs (A) and (B)'' and 
                inserting ``under subparagraph (A)''.

[[Page 121 STAT. 2466]]

    (b) Technical Correction.--Part E of title IV of the Public Health 
Service Act (42 U.S.C. 287 et seq.) is amended by redesignating the 
second section 481C (added by section 204(a) of Public Law 106-
505) <<NOTE: 42 USC 287a-4.>>  as section 481D.

    Approved December 26, 2007.

LEGISLATIVE HISTORY--S. 1916:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 153 (2007):
            Dec. 13, considered and passed Senate.
            Dec. 19, considered and passed House.

                                  <all>
```
Rule 1921. Notice to the Chief Justice and [ to ] the Judicial Conduct Board.

Whenever a judge receives notice that he or she is the subject of any federal or state criminal investigation or prosecution through a target letter, a subject letter, a presentment, an indictment, an arrest, a summons, a complaint, [or by

any ] other legal process , or any other means from the i nvestigating or prosecuting au thority
, unless precluded by order of court, the judge must report the receipt of such notice in writing to the Chief Justice and [ to ] the Judicial Conduct Board within five (5) days.
### §§226 to 239. Omitted

#### **Editorial Notes**

#### Codification

Sections 226 to 239, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union.

Section 226, act June 6, 1924, ch. 272, §6, 43 Stat. 466, prescribed penalties for violation of fishing laws.

Section 227, act June 6, 1924, ch. 272, §6, 43 Stat. 466, empowered Director of Fish and Wildlife Service to designate employees as peace officers.

Section 228, act June 6, 1924, ch. 272, §8, 43 Stat. 467, provided that nothing in sections 221 to 224, 226 to 228, and 232 to 234 of this title shall not abrogate or curtail any territorial powers.

Section 229, act May 31, 1920, ch. 217, 41 Stat. 717, enumerated powers of bird reservation wardens.

Section 230, act June 26, 1906, ch. 3547, §1, 34 Stat. 478, established a license tax on canning fish.

Section 231, acts June 26, 1906, ch. 3547, §2, 34 Stat. 478; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736, listed exemptions from license tax.

Section 232, acts June 26, 1906, ch. 3547, §4, 34 Stat. 479; June 6, 1924, ch. 272, §4, 43 Stat. 466, prescribed manner of taking fish.

Section 233, acts June 26, 1900, ch. 3547, §3, 34 Stat. 479; June 6, 1924, ch. 272, §3, 43 Stat. 465; Apr. 16, 1934, ch. 146, §1, 48 Stat. 594; Mar. 16, 1955, ch. 12, 69 Stat. 12, prohibited obstructions in waters for capturing salmon.

Section 234, acts June 26, 1906, ch. 3547, §5, 34 Stat. 479; June 6, 1924, ch. 272, §5, 43 Stat. 466; July 2, 1940, ch. 514, 54 Stat. 723, related to closed season for salmon and to stationary and floating traps.

Section 235, acts June 26, 1906, ch. 3547, §7, 34 Stat. 480; Feb. 28, 1929, ch. 365, 45 Stat. 1349, required salmon to be canned or salted within forty-eight hours after being killed.

Section 236, act June 26, 1906, ch. 3547, §8, 34 Stat. 480, prohibited waste or destruction of food fish.

Section 237, act June 26, 1906, ch. 3547, §9, 34 Stat. 480, prohibited false labeling or branding of packages of fish.

Section 238, acts June 26, 1906, ch. 3547, §10, 34 Stat. 480; Mar. 4, 1913, ch. 141, §1, 37, Stat. 736, required reports of persons engaged in fishing industry.

Section 239, acts June 26, 1906, ch. 3547, §11, 34 Stat. 480; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736, related to manner of catching or killing fish.
Exhibit 31.2









CERTIFICATION PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the annual report of ABC Funding, Inc. (the "Company") on Form 10-KSB for the fiscal year ended June 30, 2005 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Harold Barson, Chief Executive Officer and Chief Financial Officer of the Company, certify that:



1)

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



2)

The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.





Date: October 26, 2005

/s/ Harold Barson

_____________________________



Harold Barson



Chief Executive Officer and

Chief Financial Officer