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

No. 19

- 50260 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.

JAMES ALBERT GRIFFITH ,
Defendant

- Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 7:11

- CR

- 337

- 1

Before ELROD, SOUTHWICK, and COSTA, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent James Albert
Griffith has moved for leave to withdraw and has filed a brief in accordance
with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Griffith h a s not filed a response. We have reviewed
counsel’s brief and the r elevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED October 30, 2019

Lyle W. Cayce Clerk Case: 19-50260 Document: 00515180170 Page: 1 Date Filed: 10/30/2019No. 19

- 50260

2 issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further res ponsibilities herein, and the
APPEAL IS DISMISSED. See 5 TH C IR

. R. 42.2. Case: 19-50260 Document: 00515180170 Page: 2 Date Filed: 10/30/2019
#### Mary Ann Anderson, Appellant, v Nottingham Village Homeowner’s Association, Inc., Respondent and Third-Party Plaintiff. Pav’s Painting & Home Improvements et al., Third-Party Defendants-Respondents.

[833 NYS2d 422]

Motion and cross motion for reargument denied. Present—Martoche, J.P., Smith, Centra and Green, JJ.
1419.503-70 Class set-aside for construction acquisitions. ( a ) Acquisitions for construction (as defined in Federal Acquisition Regulation (FAR) 2.101) estimated to cost $2 million or less must be set-aside on a class basis for exclusive participation by small business or disadvantaged business concerns. This class set-aside does not apply when: ( 1 ) The acquisition is procured using simplified acquisition procedures;
( 2 ) A non-competitive acquisition has been approved under the procedures of FAR 6.3;
( 3 ) Work is to be performed outside the U.S.; or
( 4 ) The Bureau Procurement Chief determines that adequate competition is not likely to be obtained if the acquisition is restricted to small business concerns.
( b ) [Reserved]
# Uradni list C 330A/7. o

| | ISSN 1977-1045 |
| --- | --- |
| Uradni list
  Evropske unije | C 330A |
| | |
| Slovenska izdaja | Informacije in objave | Zvezek 587. oktober 2015 |

ISSN 1977-1045

Uradni list

Evropske unije

C 330A

Slovenska izdaja

Informacije in objave

Zvezek 587. oktober 2015

---

| Obvestilo št. | Vsebina | Stran |
| --- | --- | --- |
| | V   Objave |
| | UPRAVNI POSTOPKI |
| | Evropski urad za izbor osebja (EPSO) |
| 2015/C 330A/01 | Obvestilo o preklicu | 1 |

Obvestilo št.

Vsebina

Stran

V   Objave

UPRAVNI POSTOPKI

Evropski urad za izbor osebja (EPSO)

2015/C 330A/01

Obvestilo o preklicu

1

---

| SL | |
| --- | --- |

SL

---

V Objave

UPRAVNI POSTOPKI

Evropski urad za izbor osebja (EPSO)

| 7.10.2015 | SL | Uradni list Evropske unije | CA 330/1 |
| --- | --- | --- | --- |

7.10.2015

SL

Uradni list Evropske unije

CA 330/1

---

OBVESTILO O PREKLICU

(2015/C 330 A/01)

Objava javnega natečaja EPSO/AD/321/15 – Upravni uslužbenci (AD 5/AD 7) na področju revizije v Uradnem listu Evropske unije
   (1) se razveljavi.

---

(1)  UL C 316 A, 24.9.15, str. 1.

---
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>

<ARTICLE> 5
<RESTATED>
[LEGEND]
THIS SCHEDULE HAS BEEN RESTATED TO REFLECT THE COMPANY'S ADOPTION OF 
STATEMENT OF FINANCIAL ACCOUNTING STANDARDS NO. 128, "EARNINGS PER SHARE" 
(FAS 128) AND CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE 
CONDENSED CONSOLIDATED FINANCIAL STATEMENTS INCLUDED IN THE COMPANY'S FORM 
10-Q FOR THE PERIOD ENDED SEPTEMBER 30, 1997, AND THE QUARTERLY FINANCIAL DATA 
FROM THE COMPANY'S FORM 10-K FOR THE YEAR ENDED DECEMBER 31, 1997, AND ARE
QUALIFIED IN THEIR ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS AND THE
NOTES THERETO.
[/LEGEND]
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                         194,951
<SECURITIES>                                 1,062,800
<RECEIVABLES>                                  207,805<F1>
<ALLOWANCES>                                         0<F1>
<INVENTORY>                                     98,893
<CURRENT-ASSETS>                             1,159,590
<PP&E>                                       1,025,842
<DEPRECIATION>                                 362,063
<TOTAL-ASSETS>                               2,451,023
<CURRENT-LIABILITIES>                          269,745
<BONDS>                                        150,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         2,472
<OTHER-SE>                                   1,983,257
<TOTAL-LIABILITY-AND-EQUITY>                 2,451,023
<SALES>                                        441,537
<TOTAL-REVENUES>                               739,695
<CGS>                                           79,817
<TOTAL-COSTS>                                   79,817
<OTHER-EXPENSES>                               351,779
<LOSS-PROVISION>                                     0<F1>
<INTEREST-EXPENSE>                               2,446
<INCOME-PRETAX>                                115,149
<INCOME-TAX>                                    27,634
<INCOME-CONTINUING>                             87,515
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    87,515
<EPS-PRIMARY>                                     0.71<F2><F3>
<EPS-DILUTED>                                     0.69<F3>
<FN>
<F1>ACCOUNTS RECEIVABLE ARE PRESENTED NET OF ALLOWANCE FOR DOUBTFUL ACCOUNTS IN 
THE CONDENSED CONSOLIDATED BALANCE SHEET.  THE PROVISION FOR LOSSES ON DOUBTFUL
ACCOUNTS IS NOT REPORTED AS A SEPARATE LINE IN THE CONDENSED CONSOLIDATED
STATEMENT OF INCOME OR STATEMENT OF CASH FLOWS.
<F2>REPRESENTS BASIC EARNINGS PER SHARE.
<F3>RESTATED TO REFLECT THE COMPANY'S ADOPTION OF FAS 128.
</FN>
        


</TABLE>
U.S. Department of Education 

Discretionary Grants Team 

Final Agenda 

TRIO Programs 

 Branch campuses and different populations (HEOA 

section 403(a)) 

 Definitions 

 HEOA changes the current Talent Search (TS) required 

and permissible services 

 Outcome criteria 

 Foster care and homeless youth (HEOA section 403(a)) 

 Required services and permissible services (HEOA 

section 403) 

 Updates to TRIO Regulations 

 Review Process for Unsuccessful TRIO Applicants (HEOA 

section 403(a)) 

 Selection Criteria on Applicant and Community Support 

for TS, EOC, and UB; Plan of Operation for all 

programs 

GEAR UP (HEOA section 404) 

 Priority 

 Funding rules 
2

 Duration of awards 

 Revised definition of partnerships 

 Changes to matching requirements 

 Waiver of matching requirements 

 Required and allowable activities 

 Scholarship Component/Funds Held in Reserve for 

Scholarships 

 Redistribution or Return of Unused Scholarship 

Funds/Reporting on Scholarship Monies after the Grant 

Period 

 Continuity of Student Services 

Special Programs for Students Whose Families are Engaged 

in Migrant and Seasonal Farmwork (HEOA section 408) 

 High school equivalency program eligibility and 

activities 

 College assistance migrant program eligibility and 

activities 

 Reservation and allocation of funds
#### In the Matter of Hofstra College, Respondent, v. Henry A. Wilmerding et al., Constituting the Board of Appeals of the Incorporated Village of Old Westbury, Appellants, and Old Westbury Civic Association et al., Intervenors-Appellants.

Motion by petitioner-respondent to dismiss the appeal of the appellant Board of Appeals, granted, and appeal dismissed on the ground that the board waived its right to appeal by electing to proceed in accordance with one of the provisions of the order appealed from. Motion by petitioner-respondent to dismiss the appeal of the intervenors-appellants for lack of prosecution, denied on condition that said appellants perfect their appeal and *632be ready to argue or submit it at the February Term, beginning January 30, 1961, for which term it is ordered on the calendar. The record and said appellants’ brief must be served and filed on or before January 16,1961. Nolan, P. J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur.
1401.602-3 Ratification of unauthorized commitments. ( a ) The HCA may redelegate ratification authority to the CCO as defined in Subpart 1402.1 and implemented in bureau procedures.
( b ) Legal concurrence is required prior to ratification of unauthorized actions for amounts greater than the micropurchase threshold.
( c ) Nonratifiable commitments shall be coordinated with the SOL.
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 on Form 10-KSB (the "Report") of Colorado Wyoming Reserve Company (the "Company") for the year ended June 30, 2003, Rafiq A. Sayed, the Chief Financial Officer of the Company, hereby certifies 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 the undersigned's knowledge and belief:

(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:  June 29, 2005

/s/ Rafiq A. Sayed



Rafiq A. Sayed



Chief Financial Officer
#### 1616.7001 Clause—contracts based on a combination of cost and price analysis (community rated).

The clause at section 1652.216-70 shall be inserted in all FEHBP contracts based on a combination of cost and price analysis (community rated).
EXHIBIT A

Case: 1:12-cv-01410 Document #: 161-1 Filed: 06/22/15 Page 1 of 2 PageID #:1518
13.005 List of laws inapplicable to contracts and subcontracts at or below the simplified acquisition threshold. ( a ) The following laws are inapplicable to all contracts and subcontracts (if otherwise applicable to subcontracts) at or below the simplified acquisition threshold pursuant to 41 U.S.C. 1905: ( 1 ) 10 U.S.C. 983, Institutions of Higher Education that Prevent ROTC Access or Military Recruiting on Campus: Denial of Grants and Contracts from Department of Defense, Department of Education, and Certain Other Departments and Agencies (see 9.110).
( 2 ) 10 U.S.C. 3321(b) and 41 U.S.C. 3901(b) (contract clause regarding contingent fees).
( 3 ) 10 U.S.C. 3841 and 41 U.S.C. 4706 (authority to examine books and records of (contractors).
( 4 ) 10 U.S.C. 4655 and 41 U.S.C. 4704 (prohibition on limiting subcontractors direct sales to the United States).
( 5 ) 22 U.S.C. 2593e, Measures Against Persons Involved in Activities that Violate Arms Control Treaties or Agreements with the United States. (The requirement at 22 U.S.C. 2593e(c)(3)(B) to provide a certification does not apply.)
( 6 ) 31 U.S.C. 1354(a), Limitation on Use of Appropriated Funds for Contracts with Entities Not Meeting Veterans' Employment Reporting Requirements (see 22.1302).
( 7 ) 41 U.S.C. 8102(a)(1) (Drug-Free Workplace), except for individuals.
( b ) The Federal Acquisition Regulatory Council (FAR Council) will include any law enacted after October 13, 1994, that sets forth policies, procedures, requirements, or restrictions for the acquisition of property or services, on the list set forth in paragraph (a) of this section. The FAR Council may make exceptions when it determines in writing that it is in the best interest of the Government that the enactment should apply to contracts or subcontracts not greater than the simplified acquisition threshold.
( c ) The provisions of paragraph (b) of this section do not apply to laws that— ( 1 ) Provide for criminal or civil penalties; or
( 2 ) Specifically state that notwithstanding the language of 41 U.S.C. 1905, the enactment will be applicable to contracts or subcontracts in amounts not greater than the simplified acquisition threshold.
( d ) Any individual may petition the Administrator, Office of Federal Procurement Policy (OFPP), to include any applicable provision of law not included on the list set forth in paragraph (a) of this section unless the FAR Council has already determined in writing that the law is applicable. The Administrator, OFPP, will include the law on the list in paragraph (a) of this section unless the FAR Council makes a determination that it is applicable within 60 days of receiving the petition.
[62 FR 64917, Dec. 9, 1997, as amended at 63 FR 58593, Oct. 30, 1998; 63 FR 70267, Dec. 18, 1998; 65 FR 36018, June 6, 2000; 66 FR 53488, Oct. 22, 2001; 68 FR 4050, Jan. 27, 2003; 70 FR 57454, Sept. 30, 2005; 71 FR 57366, Sept. 28, 2006; 75 FR 53132, Aug. 30, 2010; 79 FR 24200, Apr. 29, 2014; 80 FR 38297, July 2, 2015; 83 FR 28149, June 15, 2018; 85 FR 40067, July 2, 2020; 85 FR 67622, Oct. 23, 2020; 86 FR 61025, Nov. 4, 2021; 87 FR 58235, Sept. 23, 2022; 87 FR 73897, Dec. 1, 2022]
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 02-6526

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

LEROY ANTHONY THOMAS,

Defendant - Appellant.

Appeal from the United States District Court for the District of

Maryland, at Baltimore. Benson E. Legg, District Judge. (CR-98-

111-HNM, CA-00-3317-HNM)

Submitted: June 13, 2002 Decided: June 19, 2002

Before WIDENER, LUTTIG, and WILLIAMS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Leroy Anthony Thomas, Appellant Pro Se. Andrew Clayton White, James

Clarke Howard, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore,

Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Leroy Anthony Thomas seeks to appeal the district court’s

order denying his motion for production of a certified copy of the

jury instructions in relation to his previously adjudicated motion

filed under 28 U.S.C.A. § 2255 (West Supp. 2001). Thomas’ § 2255

motion has been finally decided, and he is accordingly not entitled

to a transcript of the jury instructions at this juncture. See 28

U.S.C. § 753(f) (1994). Thus, we conclude the district court’s

denial of Thomas’ motion is proper. Accordingly, we deny a

certificate of appealability and dismiss the appeal. We dispense

with oral argument because the facts and legal contentions are

adequately presented in the materials before the court and argument

would not aid the decisional process.

DISMISSED
#### 1422.101-3 Reporting labor disputes.

Labor disputes that may interfere with contract performance shall be reported to the SOL and the HCA.
#### 1649.101-71 FEHBP termination for convenience clause.

The clause set forth in 1652.249-71 shall be inserted in all FEHBP contracts.

[62 FR 47576, Sept. 10, 1997]
* Local Rule 47.5 provides: "The publication of opinions

that have no precedential value and merely decide particular cases on the basis of well-settled principles of law imposes needless expense on the public and burdens on the legal profession." Pursuant to that Rule, the court has determined that this opinion should not be published.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________ No. 95-50260 Summary Calendar

__________________
HOMERO ACEVEDO, Petitioner-Appellant,

versus ROBERT V. FRANCO, Warden, CHARLES TURNBO, Regional Director, JOHN L. MEGATHLIN, Administrator, Respondents-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. EP-94-CA-431-H

- - - - - - - - - - (October 3, 1995) Before KING, SMITH and BENAVIDES, Circuit Judges.
PER CURIAM: * Homero Acevedo's notice of appeal of a district court order denying him in forma pauperis(IFP) status on appeal has been construed as a request from this court for leave to appeal IFP the district court's order denying Acevedo's 28 U.S.C. § 2241 petition for federal habeas relief. To be granted leave to appeal IFP, Acevedo must demonstrate that he will present aNo. 95-50260 -2- nonfrivolous issue on appeal. Carson v. Polley , 689 F.2d 562, 586 (5th Cir. 1982). Acevedo contends that the Bureau of Prisons (BOP) and the U.S. Probation Office unconstitutionally altered his sentence by requiring him to begin paying his $5,000 fine during incarceration. Acevedo also asserts that he was forced to assign at least 50% of his UNICOR (Federal Prison Industries, Inc.) earnings to the payment of his penal fine. Payment of monetary fines are usually payable immediately unless otherwise directed by the district court. 18 U.S.C. § 3572(d). There is nothing in Acevedo's judgment which demonstrates any intent by the district court to alter the statutory intent of immediate payment of Acevedo's penal fine. Additionally, mandatory participation in the Inmate Financial Responsibilities Program (IFRP), which requires inmates with UNICOR positions grade one through four to allot not less than 50% of their monthly pay to payment of monetary penalties, does not violate any constitutional right as such participation is reasonably related to a legitimate penological interest in encouraging inmates to rehabilitate themselves by developing a sense of financial responsibility. James v. Quinlan , 866 F.2d 627, 630 (3rd Cir.), cert. denied , 493 U.S. 870 (1989); 28 C.F.R. § 545.11(b)(2). Because Acevedo has failed to identify a non-frivolous issue, the motion for leave to proceed IFP on appeal is DENIED and the appeal is DISMISSED. Howard v. King , 707 F.2d 215, 219- 20 (5th Cir. 1983); 5th Cir. R. 42.2.
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                         362,000
<SECURITIES>                                         0
<RECEIVABLES>                                   28,000
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               412,000
<PP&E>                                       1,591,000
<DEPRECIATION>                                 996,000
<TOTAL-ASSETS>                               2,417,000
<CURRENT-LIABILITIES>                          189,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        15,000
<OTHER-SE>                                   2,213,000
<TOTAL-LIABILITY-AND-EQUITY>                 2,417,000
<SALES>                                        120,000
<TOTAL-REVENUES>                               120,000
<CGS>                                          165,000
<TOTAL-COSTS>                                  165,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               9,000
<INCOME-PRETAX>                               (45,000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (45,000)
<DISCONTINUED>                               (170,000)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   215,000
<EPS-BASIC>                                      (.16)
<EPS-DILUTED>                                    (.16)


</TABLE>
1

The Honorable Nanette K. Laughrey, United States District Judge for the

Western District of Missouri. 

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 10-3291

___________

Maureen McNeil, *

*

Appellant, *

* Appeal from the United States

v. * District Court for the

* Western District of Missouri.

Missouri Annual Conference of The *

United Methodist Church; Heartland * [UNPUBLISHED]

South District, United Methodist *

Church; Robert Schnase; Sally *

Haynes, *

*

Appellees. *

___________

Submitted: March 4, 2011

Filed: March 11, 2011

___________

Before MELLOY, GRUENDER, and BENTON, Circuit Judges.

___________

PER CURIAM.

Maureen McNeil appeals the district court’s1

 dismissal of her

disability-discrimination suit removed from Missouri state court. After careful de

novo review, see Strand v. Diversified Collection Serv., Inc., 380 F.3d 316, 317 (8th

Cir. 2004), this court affirms. The district court correctly concluded that it lacked
-2-

subject matter jurisdiction because McNeil’s Americans with Disabilities Act (ADA)

claim fell within the “ministerial exception” this court recognized in Scharon v. St.

Luke’s Episcopal Presbyterian Hosps., 929 F.2d 360, 362 (8th Cir. 1991)

(“[p]ersonnel decisions by church-affiliated institutions affecting clergy are per se

religious matters and cannot be reviewed by civil courts”; doing so would implicate

the First Amendment’s Free Exercise Clause). See Hollins v. Methodist Healthcare,

Inc., 474 F.3d 223, 225 (6th Cir. 2007) (applying exception to ADA claim; exception

bars employment-discrimination claim when employer is religious institution and

employee was ministerial employee); see also Elvig v. Calvin Presbyterian Church,

375 F.3d 951, 961 (9th Cir. 2004) (church’s selection of its ministers is unfettered, and

its true reasons – whatever they may be – are therefore unassailable).

Accordingly, this court affirms. See 8th Cir. R. 47B.

______________________________