alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 18-30710

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

GARION MCCOY,

Defendant-Appellant

Appeal from the United States District Court

for the Eastern District of Louisiana

USDC No. 2:98-CR-207-6

Before DENNIS, CLEMENT, and OWEN, Circuit Judges.

PER CURIAM:*

Garion McCoy, federal prisoner # 01162-748, appeals the district court’s 

denial of his motion for a writ of audita querela under the All Writs Act, 28 

U.S.C. § 1651. McCoy alleges that the Government suppressed impeachment 

evidence relating to the key witness who testified against him at trial. McCoy 

was convicted of conspiring to distribute cocaine base, using and carrying a 

firearm in relation to a drug trafficking crime, and being a felon in possession 

 

* 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

March 14, 2019

Lyle W. Cayce

Clerk

 Case: 18-30710 Document: 00514873446 Page: 1 Date Filed: 03/14/2019
No. 18-30710

2

of a firearm. Although he has raised the same claim in a motion for a new trial, 

a 28 U.S.C. § 2255 motion, and an attempted successive § 2255 motion, McCoy

again asserts that new evidence discredits the witness’s testimony and that 

the Government should have corrected the witness’s false testimony during 

trial.

McCoy cannot challenge the Government’s failure to disclose evidence by 

writ of audita querela, as he does not identify “a legal objection to a judgment 

which has arisen subsequent to that judgment.” See United States v. Miller, 

599 F.3d 484, 488 (5th Cir. 2010); Jimenez v. Trominski, 91 F.3d 767, 768 (5th 

Cir. 1996) (affirming denial of writ of audita querela alleging failure to disclose 

exculpatory evidence because petitioner did not raise “a legal defense arising, 

after the entry of judgment, sufficient to justify issuance of the extraordinary 

writ”). Moreover, McCoy fails to show that redress is unavailable under § 2255. 

See Miller, 599 F.3d at 487-88; United States v. Banda, 1 F.3d 354, 356 (5th 

Cir. 1993). That McCoy may not satisfy the requirements for a successive 

§ 2255 petition does not render that remedy unavailable. See Tolliver v. Dobre, 

211 F.3d 876, 878 (5th Cir. 2000).

The district court’s judgment is therefore AFFIRMED.

 Case: 18-30710 Document: 00514873446 Page: 2 Date Filed: 03/14/2019
No. 233.

#### United States *v.*Wayne County, Kentucky.

Appeal from the Court of -Claims.

Argued *575March 12, 1920.

Decided April 19, 1920.

*Mr. Assistant Attorney General Davis,*with whom *The Solicitor General*and *Mr. Geo. T. Stormont*were on the brief, for the United States.

*Mr. Jackson H. Ralston,*with whom *Mr. George W. Hott*was on the brief, for appellee.

*Per Curiam.*

Affirmed upon the authority of: (1) *United States*v. *Cress,*243 U. S. 316, 329; *United States*v. *Welch,*217 U. S. 333, 339; *United States v. Grizzard,*219 U. S. 180, 185. (2) *St. Louis v. Western Union Telegraph Co.,*148 U. S. 92, 101; *Western Union Telegraph Co. v. Richmond,*224 U. S. 160, 169. And see *Stockton*v. *Baltimore & New York R. R. Co.,*32 Fed. Rep. 9. (3) *Farrell*v. *O’Brien,*199 U. S. 89, 100; *Goodrich*v. *Ferris,*214 U. S. 71, 79; *Brolan*v. *United States,*236 U. S. 216, 218; *Sugarman*v. *United States,*249 U. S. 182, 184.
## IN THE SUPREME COURT OF ALABAMA

July 12, 2024 SC-2024-0329 Ex parte S.S. PETITION FOR WRIT OF CERTIORARI TO THE COURTOF CIVIL APPEALS (In re: S.S. v. K.S.) (Lauderdale Juvenile Court: JU19-682.02; Civil Appeals: CL-2023-0281).

CERTIFICATE OF JUDGMENT WHEREAS, the petition for writ of certiorari in the above referenced cause has been duly submitted and considered by the Supreme Court of Alabama and the judgment indicated below was entered in this cause on July 12, 2024: Writ Denied. No Opinion. Mendheim, J. -- Parker, C.J., and Shaw, Bryan, and Mitchell, JJ., concur. NOW, THEREFORE, pursuant to Rule 41, Ala. R. App. P., IT IS HEREBY ORDERED that this Court's judgment in this cause is certified on this date. IT IS FURTHER ORDERED that, unless otherwise ordered by this Court or agreed upon by the parties, the costs of this cause are hereby taxed as provided by Rule 35, Ala. R. App. P.

I, Megan B. Rhodebeck, certify that this is the record of the judgment of the Court, witness my hand and seal.

Clerk, Supreme Court of Alabama
#### 11.001 Definitions.

As used in this part—

*Reconditioned* means restored to the original normal operating condition by readjustments and material replacement.

*Remanufactured* means factory rebuilt to original specifications.

[62 FR 44810, Aug. 22, 1997, as amended at 63 FR 9051, Feb. 23, 1998; 65 FR 36017, June 6, 2000]
### §2262. Employee liability insurance on motor vehicles in foreign countries

The Secretary of Agriculture is authorized to obtain insurance to cover the liability of any employee of the Department of Agriculture for damage to or loss of property or personal injury or death caused by the act or omission of any such employee while acting within the scope of his office or employment and while operating a motor vehicle belonging to the United States in a foreign country.

(Pub. L. 89–106, §3, Aug. 4, 1965, 79 Stat. 431.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 578 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, §1, Sept. 6, 1966, 80 Stat. 378.
#### § 553.34 Soliciting and vending.

The display or distribution of commercial advertising to or solicitation of business from the public is strictly prohibited within an Army National Military Cemetery, except as authorized by the Executive Director.
#### 1209.407 Suspension.
§ 865.8 Miscellaneous provisions. ( a ) At the request of the Board, all Air Force activities and officials will furnish the Board with: ( 1 ) All available military records pertinent to an application.
( 2 ) An advisory opinion concerning an application. The advisory opinion will include an analysis of the facts of the case and of the applicant's contentions, a statement of whether or not the requested relief can be done administratively, and a recommendation on the timeliness and merit of the request. Regardless of the recommendation, the advisory opinion will include instructions on specific corrective action to be taken if the Board grants the application.
( b ) *Access to records.* Applicants will have access to all records considered by the Board, except those classified or privileged. To the extent practicable, applicants will be provided unclassified or nonprivileged summaries or extracts of such records considered by the Board.
( c ) *Payment of expenses.* The Air Force has no authority to pay expenses of any kind incurred by or on behalf of an applicant in connection with a correction of military records under 10 U.S.C. 1034 or 1552.
( d ) *Form adopted:* DD Form 149.
**UNITED STATES DEPARTMENT OF EDUCATION**

Washington, DC 20202

**M E M O R A N D U M**

TO:           Addressees (See list below)

FROM:       The Assistant Secretary

Office for Civil Rights

SUBJECT:Delegation of Authority to Certify Fund Availability

I. DELEGATION

Under the authority vested in me by a delegation to all Principal Officers, from the Chief Financial Officer, EL/GEN/1, certified on December 3, 1998, I hereby delegate to you, your successor in function, and anyone serving for you in an acting capacity, the authority to certify funds available for administering the functions and responsibilities of your office.  This authority is issued pursuant to Title 31 of the U.S. Code, which governs the money and finances of the Department.

Unless otherwise noted in future delegations of authority, amendments to the authority delegated herein are included in the scope of this delegation. 

II. RESERVATIONS

None.

III. REDELEGATIONS

This authority may not be redelegated.

IV. CERTIFICATION AND EFFECTIVE DATE

This delegation is effective upon certification by the Department’s Principal Delegations Control Officer and supersedes delegations EC/ECR/222 and 

Page 2 – Delegation of Authority

EC/ECD-GEN/232.  I ratify actions within the scope of this delegation taken by addressees prior to the date of certification.

___________/s/_____________

                                                                                            Russlynn Ali

ADDRESSEE List:  

OCR Enforcement Directors    ◄▬▬▬

OCR Executive Officer

OCR Regional Office Director, Boston

OCR Regional Office Director, New York

OCR Regional Office Director, Philadelphia

OCR Regional Office Director Atlanta

OCR Regional Office Director, Dallas

OCR Regional Office Director, Chicago

OCR Regional Office Director, Cleveland

OCR Regional Office Director, Kansas City

OCR Regional Office Director, Denver

OCR Regional Office Director, San Francisco

OCR Regional Office Director, Seattle

OCR Regional Office Director, District of Columbia 

Certified Date:  11/2/2010

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

Control Number:  EC/EC/243
§ 761.20 Additional regulations governing persons and vessels in Naval Defensive Sea Areas. ( a ) By virtue of the authority vested in the President by section 44 of the United States Criminal Code, as amended and reenacted in 18 U.S.C. 2152, the President has prescribed the following additional regulations in Executive Order 9275 of November 23, 1942 (7 FR 9767; 1943 Cum. Supp. p. 1227) to govern persons and vessels within the limits of defensive sea areas theretofore or thereafter established. ( 1 ) No person shall have in his possession within the limits of any defensive sea area, any camera or other device for taking pictures, or any film, plate or other device upon or out of which a photographic imprint, negative or positive, can be made, except in the performance of official duty or employment in connection with the national defense, or when authorized pursuant to the provisions of the Act approved June 25, 1942 (Pub. L. 627, 77th Congress), as amended (50 U.S.C. App. 781-785), and the regulations promulgated thereunder (7 FR 7307; 32 CFR 765.19(b)).
( 2 ) It shall be the duty of the master or officer in charge of any vessel to take custody of and safeguard all cameras or other devices for taking pictures, or film, plate or other device upon or out of which a photographic imprint, positive or negative, can be made, the possession of which is prohibited by Executive Order 9275, from any person, prior to the time any vessel enters any defensive sea area or upon the boarding by any person of any vessel while within a defensive sea area, and to retain custody thereof until such vessel is outside the defensive sea area or the person is about to disembark.
( 3 ) There shall be prominently displayed on board all vessels, except public war vessels of the United States manned by personnel in the naval service, a printed notice containing the regulations prescribed in Executive Order 9275.
( 4 ) Any person violating section 1 of Executive Order 9275 (restated in paragraph (a)(1) of this section) shall be liable to prosecution as provided in section 44 of the Criminal Code as amended and reenacted in 18 U.S.C. 2152.
( b ) The regulations stated in paragraph (a) of this section are not a limitation on prosecution under any other statute that may have been violated by acts or omissions prohibited by Executive Order 9275.
<PAGE>
 
                                                                            10.5

                             TERMINATION AGREEMENT

        TERMINATION AGREEMENT, dated as of March 30, 1999 (this "Termination
Agreement"), between ROHN Industries, Inc., a Delaware corporation ("ROHN"), and
PiRod Holdings, Inc., a Delaware Corporation ("PIROD").

        WHEREAS, ROHN and PIROD have entered into an Agreement and Plan of 
Merger dated as of December 22, 1998 (the "Merger Agreement");

        WHEREAS, the boards of directors of ROHN and PIROD have determined that 
the transactions contemplated by the Merger Agreement cannot reasonably be 
expected to be effected on the terms set forth in the Merger Agreement and that
it is in the best interests of ROHN and PIROD, respectively, to terminate the 
Merger Agreement.

        WHEREAS, the Merger Agreement provides it may be terminated by the 
mutual written consent of the boards of directors of ROHN and PIROD; and

        WHEREAS, upon such termination of the Merger Agreement, the ROHN 
Stockholders Agreement, the Trust Voting Agreement and the PiRod Shareholders 
Voting Agreement (as such terms are defined in the Merger Agreement) shall 
automatically terminate in accordance with their respective terms.

        Now, therefore, in accordance with Section 8.1.1. of the Merger 
Agreement, ROHN and PIROD, and the boards of directors of ROHN and PIROD, by the
signatures hereto of their duly authorized officers and designees, hereby 
mutually consent and agree to the termination of the Merger Agreement in 
accordance with its terms as of the date first above written.

        In WITNESS WHEREOF, the undersigned have duly executed this Termination 
Agreement as of the date first above written.


<PAGE>
 
                                        ROHN INDUSTRIES, INC.


                                        By /s/ Brian B. Pemberton
                                        -------------------------------------
                                           Brian B. Pemberton, its President,
                                             and as designee of its Board of
                                             Directors



                                        PIROD HOLDINGS, INC.


                                        By /s/ Marc Wolpow
                                        -------------------------------------
                                           Marc Wolpow, its Prsident,
                                             and as designee of its Board of
                                             Directors

                                       2
Exhibit 99.1
    Submitted,/s/ Fletcher Lewis Engineering, Inc.Fletcher Lewis Engineering, IncOklahoma Registered Engineering Firm CA-804
Texas Registration ID #47928

Oklahoma Registration ID # 11663/s/ Fletcher Lewis, P.E.Fletcher Lewis, P.E.President
Fletcher Lewis Engineering, Inc. 
 CERTIFICATE of QUALIFICATION
  1.
    
    That I am President with Fletcher Lewis Engineering, Inc., which company did prepare the
letter report addressed to FieldPoint dated March 1, 2010, and that I, as President, was
responsible for the preparation of this report.2.
    
    That I attended Oklahoma University, and that I graduated with a Master of Science degree
in Petroleum Engineering in the year 1978; that I am a Registered Professional Engineer in
the State of Texas and Oklahoma; that I am a member of the Society of Petroleum Engineers and
the American Association of Petroleum Geologists; and that I have in excess of 35 years of
experience in the oil and gas reservoir studies and reserves evaluations.
 /s/ Fletcher Lewis, P.E.Fletcher Lewis, P.E.President
Fletcher Lewis Engineering, Inc.
Southwest Airlines Co. 

Alan Kasher 

Vice President Flight Operations 

Director of Operations 

2702 Love Field Dr. I TOP-BFO 

P.O. Box 36611 

Dallas, Texas 75235 

(469) 603-0948 

February 24, 2016 

Filed Electronically to the Federal Register 

Federal Aviation Administration 

Regulatory Dockets 

Orville Wright Building (FOB-10A) 

BOO Independence Avenue, SW 

Washington, DC 20591 

Subject: Time-limited Exemption from 14 CFR 91.227 (c)(1)(i) and (iii) -Automatic Dependent 

Surveillance Broadcast (ADS-B) Out Equipment Performance Requirements 

Reference: Grant of Exemption Number 12555, regulatory docket No. FAA-2015-0971 

Grant of Exemption No. 12555 provides for a time-limited grant of exemption from the ADS-B Navigation 

Integrity Category (NIC) and Navigation Accuracy Category for position (NACp) requirements of 14 CFR 

section 91.227(c)(1)(i) and (iii) from January 1, 2020 through December 31, 2024. 

Southwest Airlines (SWA) SWAA 304, P.O. Box 36111, Dallas, Texas 75235, herby notifies the FAA that 

SWA intends to comply with the conditions and limitations expressed in the exemption cited above. 

Sincerely, 

AK!js 

cc: L. Paul Kriner Ill, FAA, Frontline Manager 

James Hardgrove, FAA, Assistant Principal Operations Inspector 

Craig Drew, Senior Vice President Air Operations 

Jeff Hamlett, Senior Director Regulatory Programs & Compliance 

Bob Waltz, Director Compliance and Operations 

Jim Stieve, Senior Manager Regulatory Programs & Compliance 

Barry Brown, Associate General Counsel -Operations and Environment 

AFS-1 

SWACMO
- All
            - Title
            - Author
            - Subject
            - Date
            - Full-Text

            -                              Explore                            ******                - Educational Resources
              - Archival Collections
              -                                      Themes                                    ******                  - Economic Data
                - Federal Reserve
                - View all 
              - Timelines 
            -                              Browse                            ******                - Titles
              - Authors
              - Subjects
              - Dates 
            -                              About                            ******                - About FRASER
              - FAQ
              - Contact Us
              -                                      FRASER API                                    ******                  - REST API
                - OAI-PMH 
            - Inside FRASER Blog

            - **

Home                 > Browse by Title > Probable Volume of Postwar Construction

              																	Findlay, Alexander C.					 and 	United States. Bureau of Labor Statistics. 						*Probable Volume of Postwar Construction : Bulletin of the United States Bureau of Labor Statistics, No. 825*,												Washington, D.C: 								For sale by the Superintendent of Documents, U.S. Government Printing Office, 										1945,									https://fraser.stlouisfed.org/title/4298,			accessed on September 17, 2024.						    

        - **FRASER**
        - About
        - FAQ
        - Legal and Privacy
        - FRASER API

          -                              @FedFRASER 
          - ** Contact Us
          -  **  What's New  
          -  **  Inside FRASER
[Federal Register Volume 86, Number 5 (Friday, January 8, 2021)]
[Notices]
[Pages 1581-1585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00173]


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

DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control


Notice of OFAC Sanctions Actions

AGENCY: Office of Foreign Assets Control, Treasury.

ACTION: Notice.

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

SUMMARY: The Department of the Treasury's Office of Foreign Assets 
Control (OFAC) is publishing the names of one or more persons that have 
been placed on OFAC's Specially Designated Nationals and Blocked 
Persons List based on OFAC's determination that one or more applicable 
legal criteria were satisfied. All property and interests in property 
subject to U.S. jurisdiction of these persons are blocked, and U.S. 
persons are generally prohibited from engaging in transactions with 
them.

DATES: See SUPPLEMENTARY INFORMATION section for applicable date(s).

FOR FURTHER INFORMATION CONTACT: OFAC: Andrea Gacki, Director, tel.: 
202-622-2420; Associate Director for Global Targeting, tel.: 202-622-
2420; Assistant Director for Sanctions Compliance & Evaluation, tel.: 
202-622-2490, or; Assistant Director for Licensing, tel.: 202-622-2480.

SUPPLEMENTARY INFORMATION: 

Electronic Availability

    The Specially Designated Nationals and Blocked Persons List and 
additional information concerning OFAC sanctions programs are available 
on OFAC's website (www.treas.gov/ofac).

Notice of OFAC Actions

    On January 5, 2021, OFAC determined that the property and interests 
in property subject to U.S. jurisdiction of the following persons are 
blocked under the relevant sanctions authorities listed below.
BILLING CODE 4810-AL-P

[[Page 1582]]

[GRAPHIC] [TIFF OMITTED] TN08JA21.015


[[Page 1583]]


[GRAPHIC] [TIFF OMITTED] TN08JA21.016


[[Page 1584]]


[GRAPHIC] [TIFF OMITTED] TN08JA21.017


[[Page 1585]]


[GRAPHIC] [TIFF OMITTED] TN08JA21.018


    Dated: January 5, 2021.
Andrea M. Gacki,
Director, Office of Foreign Assets Control, U.S. Department of the 
Treasury.
[FR Doc. 2021-00173 Filed 1-7-21; 8:45 am]
BILLING CODE 4810-AL-C
### §3199. Requirements for use of funds

With respect to research projects on problems of animal health and disease to be performed at eligible institutions and supported with funds allocated to the States under subsection (c) of section 3195 of this title to carry out subsection (a) of such section, the dean or director of each eligible institution shall cause to be prepared and shall review proposals for such research projects, which contain data showing compliance with the purpose in section 3191 of this title and the provisions for use of funds specified in section 3195(a) of this title, and with general guidelines for project eligibility to be provided by the Secretary. Such research proposals that are approved by the dean or director shall be submitted to the Secretary prior to assignment of funds thereto with a brief summary showing compliance with the provisions of this subtitle and the Secretary's general guidelines.

(Pub. L. 95–113, title XIV, §1437, Sept. 29, 1977, 91 Stat. 1004; Pub. L. 105–185, title VI, §606(d)(4), June 23, 1998, 112 Stat. 604; Pub. L. 113–79, title VII, §7111(b)(3)(D), Feb. 7, 2014, 128 Stat. 874.)

#### **Editorial Notes**

#### Amendments

2014—Pub. L. 113–79 substituted "States under subsection (c) of section 3195 of this title to carry out subsection (a) of such section" for "States under section 3195 of this title".

1998—Pub. L. 105–185 struck out "with the advice, when available, of the Board" after "by the Secretary" in first sentence.

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

#### Effective Date

Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title.