alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT
TIM OTHY D. R

EUB EN, Plaintiff - Appe lla nt, v. UNITED STATES OF AM ERIC A, De fe nda

nt - Appe lle e . No. 13-55240 D.C . No. 2:11-c v-09448-SJOPJW M EM O R ANDUM *

Appe a l from

the Unite d

Stat e s Distric t C ourt for the C e ntra l Distric t of C a lifornia S. Ja m e s Ote ro, Distric t Judge , Pre s iding Argue d a nd Subm itte d April 9, 2015 Pa sa de n a , C a l ifornia B e fore : REINHAR

DT, M c KEOW

N, a nd M . SM ITH, C irc uit Judge s. Tim othy R e ube n a ppe a ls thede nia l of a

tax re fund from

the Inte rna l R e ve nue Se rvic e for the sa l e of stoc k re c e ive d a s pa rt of a m utua l life insura

nc e c om pa ny ’ s de m ut ua liz ation. Re ube n a

ppe a ls thedistric t

c o urt’ s orde r granting the gove rnm e nt’ s m o tion for sum m ary judgm e nt ba se d on R e ube n’ s fa ilure to 

# FIL ED JAN 05 2016 M OLLY C. DW Y ER, CLERK U
. S. CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3.e sta

blish tha t his ba s is in thestoc k wa s othe r tha n z e ro. For the re a sons se t forth in Dorranc ev . Unite d State s , No. 13-16548, 2015 W L 8241954 (9th C ir. De c . 9, 2015), we hold tha

t the distric t c ourt prope rly found tha

t R e ube n wa s not e ntitle d to a re fund a

nd a ffirm the judgm e nt. A F F IR M E D .
§ 770.57 Entry procedures. ( a ) Any person or group desiring the advance consent of the Commander, Portsmouth Naval Shipyard, or his authorized representative, shall, in writing, submit a request to the Commander, Portsmouth Naval Shipyard, at the following address: Commander, Portsmouth Naval Shipyard, Portsmouth, NH 03801, Attention: Security Manager (Code 1700). For groups, foreign citizens, and news media, the request must be forwarded to the Commander, Naval Sea Systems Command, for approval.
( b ) Each request for entry will be considered on an individual basis, weighing the operational, security, and safety requirements of Portsmouth Naval Shipyard, with the purpose, size of party, duration of visit, destination, and military resources which would be required by the granting of the request.
[49 FR 34003, Aug. 28, 1984, as amended at 65 FR 53593, Sept. 5, 2000]
EXHIBIT 32.2
 
 CERTIFICATION PURSUANT TO
 18 U.S.C. SECTION 1350,
 AS ADOPTED PURSUANT TO
 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
 
 In connection with the Annual Report of CreditRiskMonitor.com, Inc. (“CRMZ”) on Form 10-K for the year ended December 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Lawrence Fensterstock, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:
 
 (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.
 
 By: /s/  Lawrence FensterstockLawrence FensterstockChief Financial Officer
 
 March 18, 2011
 
 This certification is being furnished to the SEC with this Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by such Act, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to liability of that section.
In the

Court of Appeals

Sixth Appellate District of Texas at Texarkana

No. 06-24-00107-CR

STEPHEN RILEY KING, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 6th District Court

Lamar County, Texas

Trial Court No. 30454

Before Stevens, C.J., van Cleef and Rambin, JJ.

Memorandum Opinion by Justice Rambin
2

MEMORANDUM OPINION

Stephen Riley King agreed to plead guilty to three counts of aggravated sexual assault 

and one count of indecency with a child by sexual contact.1 See TEX. PENAL CODE ANN. 

§§ 22.021, 21.11(a). King elected to have the jury assess punishment, which resulted in prison 

sentences of twenty years, eight years, five years, and two years, respectively.2 Despite the trial 

court’s certification that this was a plea-agreement case and that he had no right of appeal, King 

timely filed a notice of appeal. Because we find that we are without jurisdiction, we will dismiss 

the appeal for want of jurisdiction.

The Texas Legislature has granted a very limited right of appeal in plea-bargain cases. 

Rule 25.2(a)(2) of the Texas Rules of Appellate Procedure details that right as follows:

(2) . . . In a plea bargain case—that is, a case in which a defendant’s plea was 

guilty or nolo contendere and the punishment did not exceed the punishment 

recommended by the prosecutor and agreed to by the defendant—a defendant 

may appeal only:

(A) those matters that were raised by written motion filed and ruled on 

before trial, 

(B) after getting the trial court’s permission to appeal, or

(C) where the specific appeal is expressly authorized by statute.

TEX. R. APP. P. 25.2(a)(2). There is no indication in the record before this Court (1) that this 

specific appeal is expressly authorized by statute, (2) that King filed a motion that was ruled on 

before trial, or (3) that King obtained the trial court’s permission to appeal. To the contrary, the 

1

In exchange for his guilty plea, the State declined to charge King with delivery of a controlled substance to a minor 

and online solicitation of a minor.

2The trial court ordered the sentences to run consecutively. 
3

trial court’s certification of King’s right of appeal indicates that he has no right of appeal. 

Pursuant to Rule 25.2(d) of the Texas Rules of Appellate Procedure, this Court is required to 

dismiss an appeal if, as in this case, the trial court’s certification indicates that there is no right of 

appeal. See TEX. R. APP. P. 25.2(d).

On June 13, 2024, we informed King of the apparent defect in our jurisdiction over his 

appeal and afforded him an opportunity to respond and, if possible, cure such defect. King did 

not file a response to our June 13 correspondence. 

Because King has no right of appeal due to his plea bargain with the State and because 

the trial court’s certification correctly indicates that he is without a right of appeal, we dismiss 

this appeal for want of jurisdiction.

Jeff Rambin

Justice

Date Submitted: September 9, 2024

Date Decided: September 10, 2024

Do Not Publish
Exhibit 32

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



I, Daniel T. Meisenheimer, Chief Executive Officer
and President of United States Basketball League, Inc., certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, that the Annual Report on Form 10-K of United States Basketball League, Inc. for the
fiscal year ended February 28, 2019, as filed with the Securities and Exchange Commission, fully complies with the requirements
of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and the information contained in such report fairly
presents, in all material respects, the financial condition and results of operations of United States Basketball League, Inc.
for the periods presented.





/s/ Daniel T. Meisenheimer, III

Name:	Daniel T. Meisenheimer, III

Date:	August 23, 2019





I, Richard C. Meisenheimer, Chief Financial
Officer of United States Basketball League, Inc., certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that the Annual Report on Form 10-K of United States Basketball League, Inc. for the fiscal
year ended February 28, 2019, as filed with the Securities and Exchange Commission, fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934 and the information contained in such report fairly presents, in all material respects,
the financial condition and results of operations of United States Basketball League, Inc. for the periods presented.





/s/ Richard C. Meisenheimer

Name:	Richard C. Meisenheimer

Date:	August 23, 2019
#### (A) The People of the State of New York v. Matthew Carney. (B) The People of the State of New York v. John Colavecchio. (C) The People of the State of New York v. Edgar J. Dewey. (D) The People of the State of New York v. William Duncan. (E) The People of the State of New York v. Adam Flowers, Jr.

[In each ease] Motion granted and time for argument of appeal enlarged to include term commencing September 5, 1962, on condition that appellant’s briefs are filed and served on or before July 16, 1962.
### §7106. Management rights

(a) Subject to subsection (b) of this section, nothing in this chapter shall affect the authority of any management official of any agency—

(1) to determine the mission, budget, organization, number of employees, and internal security practices of the agency; and

(2) in accordance with applicable laws—

(A) to hire, assign, direct, layoff, and retain employees in the agency, or to suspend, remove, reduce in grade or pay, or take other disciplinary action against such employees;

(B) to assign work, to make determinations with respect to contracting out, and to determine the personnel by which agency operations shall be conducted;

(C) with respect to filling positions, to make selections for appointments from—

(i) among properly ranked and certified candidates for promotion; or

(ii) any other appropriate source; and

(D) to take whatever actions may be necessary to carry out the agency mission during emergencies.

(b) Nothing in this section shall preclude any agency and any labor organization from negotiating—

(1) at the election of the agency, on the numbers, types, and grades of employees or positions assigned to any organizational subdivision, work project, or tour of duty, or on the technology, methods, and means of performing work;

(2) procedures which management officials of the agency will observe in exercising any authority under this section; or

(3) appropriate arrangements for employees adversely affected by the exercise of any authority under this section by such management officials.

(Added Pub. L. 95–454, title VII, §701, Oct. 13, 1978, 92 Stat. 1198.)

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

#### Effective Date

Section effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title.
Editorial Note on Part 842
Editorial Note: Nomenclature changes to part 842 appear at 81 FR 83688, Nov. 22, 2016.

§ 842.60 Definitions. The following are general definitions. See the relevant international agreement for the specific meaning of a term to use with a specific claim. ( a ) *Civilian component.* Civilian personnel accompanying and employed by an international agreement contracting force. Local employees, contractor employees, or members of the American Red Cross are not a part of the civilian component unless specifically included in the agreement.
( b ) *Contracting party.* A nation signing the governing agreement.
( c ) *Force.* Personnel belonging to the land, sea, or air armed services of one contracting party when in the territory of another contracting party in connection with their official duties.
( d ) *Legally responsible.* A term of art providing for settlement of claims under cost sharing international agreements in accordance with the law of the receiving state. Often, employees who are local inhabitants, not part of the civilian component of the force, could cause the sending state to be legally responsible under a respondeat superior theory.
( e ) *Receiving state.* The country where the force or civilian component of another contracting party is temporarily located. It is often thought of as the “host nation.”
( f ) *Sending state.* The country sending the force or civilian component to the receiving State. In cases where U.S. personnel are stationed in a foreign country, the U.S. is the sending state.
( g ) *Third parties.* A term of art used in International Agreements. Parties other than members of the force and civilian component of the sending or receiving States. Dependents, tourists, and other noninhabitants of a foreign country are third parties (and therefore can generally make a claim under a SOFA) unless the international agreement, or an understanding between the countries involved, specifically excludes them.
[55 FR 2809, Jan. 29, 1990. Redesignated and amended at 81 FR 83694, Nov. 22, 2016]
##### 



Exhibit 12.1
 
 Years ended December 31,2007
    
    
    2006
    
    
    2005
    
    
    2004
    
    
    2003Fixed charges:Interest
    
    $
    196,517
    
    
    $
    166,608
    
    
    $
    146,062
    
    
    $
    88,901
    
    
    $
    113,385Eliminate BankAtlantic Bancorp and
and Levitt
    
    
    (196,479
    )
    
    
    (166,578
    )
    
    
    (145,716
    )
    
    
    (87,730
    )
    
    
    (112,222
    )Pre tax 5% Preferred stock dividends
    
    
    1,221
    
    
    
    1,221
    
    
    
    1,221
    
    
    
    638
    
    
    
    $
    1,259
    
    
    $
    1,251
    
    
    $
    1,567
    
    
    $
    1,809
    
    
    $
    1,163Earnings (loss):(Loss) income from continuing operations
before income tax
    
    $
    (323,950
    )
    
    $
    12,212
    
    
    $
    146,807
    
    
    $
    173,326
    
    
    $
    84,724Eliminate BankAtlantic Bancorp and Levitt
    
    
    317,246
    
    
    
    (19,075
    )
    
    
    (153,276
    )
    
    
    (174,890
    )
    
    
    (90,455
    )Eliminate other partnerships
    
    
    77
    
    
    
    67
    
    
    
    14
    
    
    
    (4,114
    )
    
    
    3,213BankAtlantic Bancorp/BankAtlantic
and Levitt dividends
    
    
    1,759
    
    
    
    2,350
    
    
    
    2,191
    
    
    
    1,925
    
    
    
    1,686Fixed charges
    
    
    1,259
    
    
    
    1,251
    
    
    
    1,567
    
    
    
    1,809
    
    
    
    1,1635% Preferred stock dividends
    
    
    (750
    )
    
    
    (750
    )
    
    
    (750
    )
    
    
    (392
    )
    
    
    $
    (4,359
    )
    
    $
    (3,945
    )
    
    $
    (3,447
    )
    
    $
    (2,336
    )
    
    $
    331Ratio
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    0.28Coverage deficiency
    
    $
    5,618
    
    
    $
    5,196
    
    
    $
    5,014
    
    
    $
    4,145
    
    
    $
    
### §2322. Seal

The Plant Variety Protection Office shall have a seal with which documents and certificates evidencing plant variety protection shall be authenticated.

(Pub. L. 91–577, title I, §2, Dec. 24, 1970, 84 Stat. 1542.)
#### The People of the State of New York v. William Meredith.

Motion for a stay denied. Concur — Botein, P. J., Breitel, McNally and Stevens, JJ.
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

NO. CAAP-23-0000758

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

KIA I WAI O WAI ALE ALE, an unincorporated association;

FRIENDS OF MAHA ULEPU, a nonprofit corporation,

Plaintiffs/Appellants-Appellees, v.

BOARD OF LAND AND NATURAL RESOURCES, STATE OF HAWAI I,

Defendant/Appellee-Appellant, and

KAUA I ISLAND UTILITY COOPERATIVE,

a domestic cooperative association,

Defendant/Appellee-Appellee

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT

(CIVIL NO. 1CCV-22-0000015)

ORDER GRANTING MOTION TO DISMISS APPEAL

(By: Leonard, Acting Chief Judge, Hiraoka and Nakasone, JJ.)

Upon consideration of Defendant/Appellee-Appellant

Board of Land and Natural Resources' April 8, 2024 Motion to

Dismiss Appeal, the papers in support, and the record,

IT IS HEREBY ORDERED that the motion is granted and the

appeal is dismissed, under Hawai i Rules of Appellate Procedure

Rule 42(b).

IT IS FURTHER ORDERED that all pending motions are

dismissed.

DATED: Honolulu, Hawai i, April 15, 2024.

/s/ Katherine G. Leonard

Acting Chief Judge

/s/ Keith K. Hiraoka

Associate Judge

/s/ Karen T. Nakasone

Associate Judge 

Electronically Filed

Intermediate Court of Appeals

CAAP-23-0000758

15-APR-2024

07:51 AM

Dkt. 34 OGMD
### §208. Unreasonable or discriminatory practices generally; rights of stockyard owner of management and regulation

(a) It shall be the duty of every stockyard owner and market agency to establish, observe, and enforce just, reasonable, and nondiscriminatory regulations and practices in respect to the furnishing of stockyard services, and every unjust, unreasonable, or discriminatory regulation or practice is prohibited and declared to be unlawful.

(b) It shall be the responsibility and right of every stockyard owner to manage and regulate his stockyard in a just, reasonable, and nondiscriminatory manner, to prescribe rules and regulations and to require those persons engaging in or attempting to engage in the purchase, sale, or solicitation of livestock at such stockyard to conduct their operations in a manner which will foster, preserve, or insure an efficient, competitive public market. Such rules and regulations shall not prevent a registered market agency or dealer from rendering service on other markets or in occasional and incidental off-market transactions.

(Aug. 15, 1921, ch. 64, title III, §307, 42 Stat. 165; Pub. L. 90–446, §1(d), July 31, 1968, 82 Stat. 475.)

#### **Editorial Notes**

#### Amendments

1968—Pub. L. 90–446 designated existing provisions as subsec. (a) and added subsec. (b).
### §1508c. Peanut revenue crop insurance

#### (a) In general

Effective beginning with the 2015 crop year, the Risk Management Agency and the Corporation shall make available to producers of peanuts a revenue crop insurance program for peanuts.

#### (b) Effective price

Subject to subsection (c), for purposes of the revenue crop insurance program and the multiperil crop insurance program under this subchapter, the effective price for peanuts shall be equal to the Rotterdam price index for peanuts or other appropriate price as determined by the Secretary, as adjusted to reflect the farmer stock price of peanuts in the United States.

#### (c) Adjustments

#### (1) In general

The effective price for peanuts established under subsection (b) may be adjusted by the Risk Management Agency and the Corporation to correct distortions.

#### (2) Administration

If an adjustment is made under paragraph (1), the Risk Management Agency and the Corporation shall—

(A) make the adjustment in an open and transparent manner; and

(B) submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the reasons for the adjustment.

(Feb. 16, 1938, ch. 30, title V, §508C, as added Pub. L. 113–79, title XI, §11018, Feb. 7, 2014, 128 Stat. 966.)
### subpart i—miscellaneous
#### § 2402.1 Purpose and scope.

The regulations in this part prescribe procedures by which individuals may obtain access to the Office of Science and Technology Policy's (OSTP) agency records under the Freedom of Information Act (FOIA), 5 U.S.C. 552, as amended, as well as the procedures OSTP must follow in response to requests for records under the FOIA. The regulations should be read together with the FOIA and the Office of Management and Budget's (OMB's) “Uniform Freedom of Information Fee Schedule and Guidelines,” which provides information about access to records. All requests for access to information contained within a system of records pursuant to the Privacy Act of 1974, 5 U.S.C. 552a, shall be processed in accordance with these regulations as well as those contained in 32 CFR part 2403.
UNITED STATES DEPARTMENT OF EDUCATION

OFFICE OF INSPECTOR GENERAL

MEMORANDUM

TO: Special Agent in Charge/Investigation, Boston/New York OIG Region 

Special Agent in Charge/Investigation, Washington/Philadelphia OIG Region 

Special Agent in Charge//Investigation, Atlanta OIG Region 

Special Agent in Charge/Investigation, Chicago OIG Region ◄▬▬

Special Agent in Charge/Investigation, Long Beach OIG Office 

FROM: Assistant Inspector General for Investigation

SUBJECT: Redelegation of Authority to Open Investigative Cases 

I. DELEGATION

Under the authority vested in me by a delegation from the Inspector General, Delegation 

Control Number EF/EFI/157, certified July 23, 2004, and subject to the reservations 

noted below, I hereby redelegate to you, anyone serving for you in an acting capacity, or 

your successor in function, the authority under Sections 4 (a) (1), 6 (a) (2), and 7 (a) of 

the Inspector General Act of 1978, as amended, to open investigative cases within your 

respective geographic areas of responsibility.

Unless otherwise noted in future delegations of authority, amendments to the authority 

delegated herein are included within the scope of this delegation.

II. RESERVATIONS

The following authorities are not delegated:

A. The authority to open cases which involve allegations of misconduct by present 

employees of the Department, or allegations of misconduct by public officials

elected to federal or state-wide office;

B. The authority to open cases which involve allegations of misconduct by Office of 

Inspector General employees; and 

C. The authority to sign Advice of Investigation forms.
Page 2 - Redelegation of Authority to Open Investigative Cases 

III. REDELEGATION

No further redelegation is authorized.

IV. CERTIFICATION AND EFFECTIVE DATE

This delegation is effective upon certification by the Department's Principal Delegation 

Control Officer and supersedes all previous delegations of this authority. I hereby ratify 

actions within the scope of this delegation taken by you prior to the date of certification.

_____________/s/______________ 

 William D. Hamel

OGC Clearance and Date: /s/ David Berthiaume, 7/10/2009

Certified Date: 7/17/2009

Departmental Delegations Control Officer: /s/ Naty G. Beetle

Control Number: EFI/EFD5I/185