alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v Donald O’Toole, Appellant.

[835 NYS2d 97]

*420Judgment, Supreme Court, New York County (John Cataldo, J.), rendered April 29, 2005, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of 14 years, unanimously reversed, on the law, and the matter remanded for a new trial.

The court improperly denied defendant’s challenge for cause to a prospective juror who stated that 20 years earlier her apartment had been broken into and she was assaulted. When asked whether, as a result of this experience, she would “tend more favorably to determine the credibility of someone who claims that [he was] the victim of a crime,” the prospective juror said she could not “be certain until [she heard] the testimony.” When further asked, “So, at this point you can’t give that assurance that it won’t affect your deliberations,” the prospective juror replied, “No, I’m not sure.” The court’s ruling, made after denying defense counsel’s request to make further inquiry into whether this prospective juror could unequivocally set aside her bias, was erroneous and requires a new trial *(People v Johnson,*94 NY2d 600, 614 [2000]; *People v Arnold,*96 NY2d 358, 362-363 [2001]; CPL 270.20 [1] [b]).

In view of this disposition, we do not reach defendant’s other contentions. Concur—Mazzarelli, J.P., Andrias, Friedman, McGuire and Malone, JJ.
### §298. Immigration functions

#### (a) Annual report

#### (1) In general

One year after November 25, 2002, and each year thereafter, the Secretary shall submit a report to the President, to the Committees on the Judiciary and Government Reform of the House of Representatives, and to the Committees on the Judiciary and Government Affairs of the Senate, on the impact the transfers made by this part has had on immigration functions.

#### (2) Matter included

The report shall address the following with respect to the period covered by the report:

(A) The aggregate number of all immigration applications and petitions received, and processed, by the Department.

(B) Region-by-region statistics on the aggregate number of immigration applications and petitions filed by an alien (or filed on behalf of an alien) and denied, disaggregated by category of denial and application or petition type.

(C) The quantity of backlogged immigration applications and petitions that have been processed, the aggregate number awaiting processing, and a detailed plan for eliminating the backlog.

(D) The average processing period for immigration applications and petitions, disaggregated by application or petition type.

(E) The number and types of immigration-related grievances filed with any official of the Department of Justice, and if those grievances were resolved.

(F) Plans to address grievances and improve immigration services.

(G) Whether immigration-related fees were used consistent with legal requirements regarding such use.

(H) Whether immigration-related questions conveyed by customers to the Department (whether conveyed in person, by telephone, or by means of the Internet) were answered effectively and efficiently.

#### (b) Sense of Congress regarding immigration services

It is the sense of Congress that—

(1) the quality and efficiency of immigration services rendered by the Federal Government should be improved after the transfers made by this part take effect; and

(2) the Secretary should undertake efforts to guarantee that concerns regarding the quality and efficiency of immigration services are addressed after such effective date.

(Pub. L. 107–296, title IV, §478, Nov. 25, 2002, 116 Stat. 2211.)

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

#### Change of Name

Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.

Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
### SUBCHAPTER II—COMPREHENSIVE PREPAREDNESS SYSTEM
[Federal Register Volume 85, Number 250 (Wednesday, December 30, 2020)]
[Notices]
[Page 86529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28799]


========================================================================
Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

========================================================================


Federal Register / Vol. 85, No. 250 / Wednesday, December 30, 2020 / 
Notices

[[Page 86529]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary


Notice of Request for Renewal of a Currently Approved Information 
Collection; Correction

AGENCY: Office of the Assistant Secretary for Civil Rights.

ACTION: Notice; correction.

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

SUMMARY: The Department of Agriculture published a notice in the 
Federal Register on November 25, 2020 (OMB Control Number: 0508-0002), 
concerning request for comments on the renewal of a currently approved 
information collection. The notice contained an incorrect date.

FOR FURTHER INFORMATION CONTACT: Denise A. Banks, 202-260-3978

Correction

    In the Federal Register of November 25, 2020, in FR Volume 85, No. 
228, on page 75283, in the second column, correct the ``Expiration Date 
of Approval:'' to February 28, 2021.

    Dated: December 15, 2020.
Devon Westhill,
Deputy Assistant Secretary for Civil Rights.
[FR Doc. 2020-28799 Filed 12-29-20; 8:45 am]
BILLING CODE 3410-18-P
EXHIBIT 32.1

                                  CERTIFICATION

      I, Ronald J. Tassinari,  President and Chief Executive Officer of American
Vantage Companies (the "Company"), hereby certify, pursuant to 18 U.S.C. Section
1350,  as adopted  pursuant  to Section 906 of the  Sarbanes-Oxley  Act of 2002,
that:

      (a)   the Annual  Report on Form  10-KSB/A  of the  Company for the fiscal
            year ended July 31, 2003, to which this  certification is an exhibit
            (the  "Report"),  fully  complies with the  requirements  of Section
            13(a) of the Securities Exchange Act of 1934; and

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


Dated:  May 3, 2005                     /s/ Ronald J. Tassinari
                                        ----------------------------------------
                                        Ronald J. Tassinari,
                                        President and Chief Executive Officer
[Federal Register Volume 86, Number 2 (Tuesday, January 5, 2021)]
[Notices]
[Pages 316-317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-29145]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute on Aging; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended, notice is hereby given of the following meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute on Aging Special Emphasis 
Panel; Preclinical Development of Aging Therapeutics.
    Date: February 18, 2021.
    Time: 11:00 a.m. to 5:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institute on Aging, Gateway Building, 7201 
Wisconsin Avenue, Bethesda, MD 20892 (Video Meeting).
    Contact Person: Birgit Neuhuber, Ph.D., Scientific Review 
Officer, Scientific Review Branch, National Institute on Aging, 
National Institutes of Health, 7201 Wisconsin Avenue, Gateway 
Building, Suite 2W200, Bethesda, MD 20892, (301) 480-1266, 
<a href="/cdn-cgi/l/email-protection#87e9e2f2eff2e5e2f5c7e9eee9e3f4a9e9eeefa9e0e8f1"><span class="__cf_email__" data-cfemail="bfd1dacad7cadddacdffd1d6d1dbcc91d1d6d791d8d0c9">[email protected]</span></a>.


[[Page 317]]


(Catalogue of Federal Domestic Assistance Program Nos. 93.866, Aging 
Research, National Institutes of Health, HHS)

    Dated: December 29, 2020.
Miguelina Perez,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2020-29145 Filed 1-4-21; 8:45 am]
BILLING CODE 4140-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1452 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
H. RES. 1452

    Providing for consideration of the bill (H.R. 2708) to prohibit 
discrimination against individuals with disabilities who need long-term 
             services and supports, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 17, 2024

Mr. Cohen submitted the following resolution; which was referred to the 
                           Committee on Rules

_______________________________________________________________________

                               RESOLUTION

 
    Providing for consideration of the bill (H.R. 2708) to prohibit 
discrimination against individuals with disabilities who need long-term 
             services and supports, and for other purposes.

    Resolved, That immediately upon adoption of this resolution, the 
House shall proceed to the consideration in the House of the bill (H.R. 
2708) to prohibit discrimination against individuals with disabilities 
who need long-term services and supports, and for other purposes. All 
points of order against consideration of the bill are waived. The bill 
shall be considered as read. All points of order against provisions in 
the bill are waived. The previous question shall be considered as 
ordered on the bill and on any amendment thereto to final passage 
without intervening motion except: (1) one hour of debate equally 
divided and controlled by the chair and ranking minority member of the 
Committee on Energy and Commerce or their respective designees; and (2) 
one motion to recommit.
    Sec. 2.  Clause 1(c) of rule XIX shall not apply to the 
consideration of H.R. 2708.
                                 <all>
```
#### VIRMANI v. PRESBYTERIAN HEALTH SERVICES CORP.

No. 62PA97-2

Case below: 127 N.C.App. 629

Petition by defendant for writ of supersedeas allowed 5 March 1998. Petition by defendant for discretionary review pursuant to G.S. 7A-31 allowed 5 March 1998.
### §1004. Responsibilities of congressional committees

(a) Review of Activities.—In the exercise of its legislative review function, each standing committee of the Senate and the House of Representatives shall make a continuing review of the activities of each advisory committee under its jurisdiction to determine whether such advisory committee should be abolished or merged with any other advisory committee, whether the responsibilities of such advisory committee should be revised, and whether such advisory committee performs a necessary function not already being performed. Each such standing committee shall take appropriate action to obtain the enactment of legislation necessary to carry out the purpose of this subsection.

(b) Consideration of Legislation.—In considering legislation establishing, or authorizing the establishment of any advisory committee, each standing committee of the Senate and of the House of Representatives shall determine, and report such determination to the Senate or to the House of Representatives, as the case may be, whether the functions of the proposed advisory committee are being or could be performed by one or more agencies or by an advisory committee already in existence, or by enlarging the mandate of an existing advisory committee. Any such legislation shall—

(1) contain a clearly defined purpose for the advisory committee;

(2) require the membership of the advisory committee to be fairly balanced in terms of the points of view represented and the functions to be performed by the advisory committee;

(3) contain appropriate provisions to assure that the advice and recommendations of the advisory committee will not be inappropriately influenced by the appointing authority or by any special interest, but will instead be the result of the advisory committee's independent judgment;

(4) contain provisions dealing with authorization of appropriations, the date for submission of reports (if any), the duration of the advisory committee, and the publication of reports and other materials, to the extent that the standing committee determines the provisions of section 1009 of this chapter to be inadequate; and

(5) contain provisions which will assure that the advisory committee will have adequate staff (either supplied by an agency or employed by it), will be provided adequate quarters, and will have funds available to meet its other necessary expenses.

(c) Adherence to Guidelines.—To the extent they are applicable, the guidelines set out in subsection (b) shall be followed by the President, agency heads, or other Federal officials in creating an advisory committee.

(Pub. L. 117–286, §3(a), Dec. 27, 2022, 136 Stat. 4198.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 1004 | 5 U.S.C. App. (FACA §5) | Pub. L. 92–463, §5, Oct. 6, 1972, 86 Stat. 771. |

Section
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

July 13, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-51300

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JUAN CARLOS AVILA-MIRANDA, also known

as Juan Carlos Miranda-Avila, also known

Nelson Amaya Coca,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. 5:05-CR-83-ALL

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

Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Juan Carlos

Avila-Miranda raises arguments that are foreclosed by AlmendarezTorres v. United States, 523 U.S. 224, 235 (1998), which held

that 8 U.S.C. § 1326(b)(2) is a penalty provision and not a

separate criminal offense. The Government’s motion for summary

affirmance is GRANTED, and the judgment of the district court is

AFFIRMED.
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

April 23, 2003

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 02-41191

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JORGE ALBERTO AMAYA-ZAPATA,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. B-02-CR-150-1

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

Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.

PER CURIAM:*

Jorge Alberto Amaya-Zapata appeals the sentence imposed

following his guilty plea conviction of being found in the United

States after deportation in violation of 8 U.S.C. § 1326. AmayaZapata argues that the “felony” and “aggravated felony”

provisions of 8 U.S.C. § 1326(b)(1) and (2) are unconstitutional.

Amaya-Zapata acknowledges that his argument is foreclosed by

Almendarez-Torres v. United States, 523 U.S. 224, 235 (1998), but

asserts that the decision has been cast into doubt by Apprendi
No. 02-41191

-2-

v. New Jersey, 530 U.S. 466, 490 (2000). He seeks to preserve

his argument for further review. 

Apprendi did not overrule Almendarez-Torres. See Apprendi,

530 U.S. at 489-90; United States v. Dabeit, 231 F.3d 979, 984

(5th Cir. 2000). This court must follow Almendarez-Torres

“unless and until the Supreme Court itself determines to overrule

it.” Dabeit, 231 F.3d at 984 (internal quotation marks and

citation omitted). The judgment of the district court is

AFFIRMED.

 The Government has moved for a summary affirmance in lieu of

filing an appellee’s brief. In its motion, the Government asks

that an appellee’s brief not be required. The motion is GRANTED. 

AFFIRMED; MOTION GRANTED.
### §5391. Definitions

For the purposes of this subchapter, "agency", "employee", and "position" have the meanings given them by section 5102.

(Added Pub. L. 101–509, title V, §529 [title I, §105(a)(1)], Nov. 5, 1990, 104 Stat. 1427, 1447.)

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

#### Effective Date

Section effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, §305] of Pub. L. 101–509, set out as an Effective Date of 1990 Amendment note under section 5301 of this title.
```

[Federal Register Volume 75, Number 236 (Thursday, December 9, 2010)]
[Notices]
[Page 76778]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30976]

[[Page 76778]]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Rule on Request To Release Airport Property 
at the Kearney Municipal Airport, Kearney, NE

AGENCY: Federal Aviation Administration, (FAA), DOT.

ACTION: Notice of request to release airport property.

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

SUMMARY: The FAA proposes to rule and invites public comment on the 
release of land at the Kearney Municipal Airport under the provisions 
of Section 125 of the Wendell H. Ford Aviation Investment Reform Act 
for the 21st Century (AIR 21).

DATES: Comments must be received on or before January 10, 2011.

ADDRESSES: Comments on this application may be mailed or delivered to 
the FAA at the following address: Federal Aviation Administration, 
Central Region, Airports Division, 901 Locust, Kansas City, Missouri 
64106-2325. In addition, one copy of any comments submitted to the FAA 
must be mailed or delivered to Michael J. Tye, City Attorney, City of 
Kearney, 1419 Central Avenue, P.O. Box 636, Kearney, NE, 68848-0636.

FOR FURTHER INFORMATION CONTACT: Nicoletta Oliver, Airports Compliance 
Specialist, FAA, Central Region, 901 Locust, Kansas City, MO 64106-
2325, (816) 329-2642.
    The request to release property may be reviewed in person at this 
same location.

SUPPLEMENTARY INFORMATION: The FAA proposes to rule and invites public 
comment on the request to release property at the Kearney Municipal 
Airport under the provisions of AIR21.
    On November 4, 2010, the FAA determined that the request to release 
property at the Kearney Municipal Airport, submitted by the City of 
Kearney, met the procedural requirements of the Federal Aviation 
Administration. The FAA will approve or disapprove the request, in 
whole or in part, no later than January 7, 2011.
    The following is a brief overview of the request.
    The City of Kearney requests the release of approximately 170 acres 
of airport property.
    The land is currently not being used for aeronautical purposes. The 
purpose of this release is to sell the land to Delux Manufacturing Co. 
Inc. for use as farm land and generate revenue for the airport.
    Any person may inspect the request in person at the FAA office 
listed above under FOR FURTHER INFORMATION CONTACT.
    In addition, any person may, upon request, inspect the application, 
notice and other documents that are relevant to the request, in person 
at the City of Kearney, Kearney, Nebraska.

    Issued in Kansas City, Missouri, on November 16, 2010.
Jim A. Johnson,
Manager, Airports Division, Central Region.
[FR Doc. 2010-30976 Filed 12-8-10; 8:45 am]
BILLING CODE 4910-13-P
```
<TABLE>
                        COMPUTATION OF EARNINGS PER SHARE

                                   EXHIBIT 11

<CAPTION>
                                                                                                   Year Ended December 31,
                                                                                                -----------------------------
                                                                                                   1994               1995
                                                                                                ----------         ----------
<S>                                                                                             <C>                <C>       
Primary earnings per share

  Net income                                                                                    $1,107,700         $2,144,900
  Cumulative dividends on preferred stock                                                          (13,500)            (9,000)
                                                                                                ----------         ----------

Income applicable to common stock                                                               $1,094,200         $2,135,900
                                                                                                ==========         ==========

Shares
  Weighted average number of common shares outstanding                                           1,522,077          1,645,005
  Add dilutive effect of conversion of preferred stock
    and outstanding options and warrants (as determined
    by the application of the treasury stock method)                                               430,432            396,640
                                                                                                ----------         ----------

                                                                                                 1,952,509          2,041,645
                                                                                                ==========         ==========

Primary earnings per share (1)                                                                  $      .56         $     1.05
                                                                                                ==========         ==========
<FN>

(1) Fully  diluted  earnings  per share  does not differ  from  primary
    earnings per share, because the effect would be antidilutive.

</FN>
</TABLE>