alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 23-2721

___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Rico Marquez Willis

lllllllllllllllllllllDefendant - Appellant

 ____________

Appeal from United States District Court 

for the Northern District of Iowa - Western

 ____________

Submitted: April 4, 2024

Filed: April 15, 2024 

[Unpublished]

____________

Before SHEPHERD, KELLY, and KOBES, Circuit Judges. 

____________

PER CURIAM.

Rico Willis appeals the sentence imposed by the district court1 after he pleaded

guilty to a firearm offense. His counsel has moved for leave to withdraw, and has

1The Honorable Leonard T. Strand, then Chief Judge, now United States

District Judge for the Northern District of Iowa.
filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the district

court erred in its Guidelines calculations by applying an enhancement under USSG

§ 2K2.1(b)(6)(B) for possessing the firearm in connection with another felony

offense.

Upon careful review, we conclude that the district court properly calculated the

Guidelines range. See United States v. Turner, 781 F.3d 374, 393 (8th Cir. 2015)

(reviewing district court’s application of Guidelines de novo, and its factual findings

for clear error). Specifically, the record supported the district court’s finding that

Willis used the firearm in connection with other felony offenses, despite the fact that

the charges for these offenses were dismissed. See United States v. Dixon, 822 F.3d

464, 465 (8th Cir. 2016) (in applying § 2K2.1(b)(6)(B) when defendant has not been

convicted of another felony offense, district court must find by preponderance of

evidence that another felony offense was committed, and that use or possession of

firearm facilitated that other felony); United States v. Turpin, 920 F.2d 1377, 1388

(8th Cir. 1990) (due process does not require right to trial by jury on each fact that

results in increase in sentence).

We have independently reviewed the record under Penson v. Ohio, 488 U.S.

75 (1988), and have found no non-frivolous issues for appeal. Accordingly, we

affirm, and we grant counsel leave to withdraw.

______________________________

-2-
# C_2017146EN.01000201.xml

| 11.5.2017 | EN | Official Journal of the European Union | C 146/2 |
| --- | --- | --- | --- |

11.5.2017

EN

Official Journal of the European Union

C 146/2

---

Non-opposition to a notified concentration

(Case M.7680 — DCC Group/Butagaz)

(Text with EEA relevance)

(2017/C 146/03)

On 1 September 2015, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

1

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7680. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7680. EUR-Lex is the online access to European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

1

---
#### 252.203-7004 Display of Hotline Posters.

As prescribed in 203.1004(b)(2)(ii), use the following clause:

# Display of Hotline Posters (JAN 2023)

(a) *Definition.* As used in this clause—

*United States* means the 50 States, the District of Columbia, and outlying areas.

(b) *Display of hotline poster(s).* (1)(i) The Contractor shall display prominently the DoD fraud, waste, and abuse hotline poster prepared by the DoD Office of the Inspector General, in effect at time of contract award, in common work areas within business segments performing work under Department of Defense (DoD) contracts.

(ii) For contracts performed outside the United States, when security concerns can be appropriately demonstrated, the contracting officer may provide the contractor the option to publicize the program to contractor personnel in a manner other than public display of the poster, such as private employee written instructions and briefings.

(2) If the contract is funded, in whole or in part, by Department of Homeland Security (DHS) disaster relief funds and the work is to be performed in the United States, the DHS fraud hotline poster shall be displayed in addition to the DoD hotline poster. If a display of a DHS fraud hotline poster is required, the Contractor may obtain such poster from—

(i) DHS Office of Inspector General/MAIL STOP 0305, Attn: Office of Investigations—Hotline, 245 Murray Lane SW., Washington, DC 20528-0305; or

(ii) Via the Internet at *https://www.oig.dhs.gov/assets/Hotline/DHS_OIG_Hotline-optimized.jpg.*

(c)(1) These DoD hotline poster may be obtained from: Defense Hotline, The Pentagon, Washington, DC 20301-1900, or is also available via the internet at *https://www.dodig.mil/Resources/Posters-and-Brochures/.*

(2) If a significant portion of the employee workforce does not speak English, then the poster is to be displayed in the foreign languages that a significant portion of the employees speak.

(3) Additionally, if the Contractor maintains a company Web site as a method of providing information to employees, the Contractor shall display an electronic version of the required poster at the Web site.

(d) *Subcontracts.* The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed the threshold specified in Defense Federal Acquisition Regulation Supplement 203.1004(b)(2)(ii) on the date of subcontract award, except when the subcontract is for the acquisition of a commercial product or commercial service.

(End of clause)

[80 FR 5001, Jan. 29, 2015, as amended at 80 FR 36905, June 26, 2015; 81 FR 73006, Oct. 21, 2016; 84 FR 25187, May 31, 2019; 84 FR 39203, Aug. 9, 2019; 88 FR 6589, Jan. 31, 2023]
# C_2016481EN.01000401.xml

| 23.12.2016 | EN | Official Journal of the European Union | C 481/4 |
| --- | --- | --- | --- |

23.12.2016

EN

Official Journal of the European Union

C 481/4

---

Non-opposition to a notified concentration

(Case M.8243 — Allianz/NN Group/The FIZZ Student Housing)

(Text with EEA relevance)

(2016/C 481/02)

On 15 December 2016, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

1

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32016M8243. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32016M8243. EUR-Lex is the online access to European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

1

---
237.7201 Educational service agreement. ( a ) An educational service agreement is not a contract, but is an ordering agreement under which the Government may order educational services.
( b ) Educational service agreements provide for ordering educational services when— ( 1 ) The Government pays normal tuition and fees for educational services provided to a student by the institution under its normal schedule of tuition and fees applicable to all students generally; and
( 2 ) Enrollment is at the institution under the institution's normal rules and in courses and curricula which the institution offers to all students meeting admission requirements.
II 

115TH CONGRESS 

1ST SESSION S. 977 

To permit occupational therapists to conduct the initial assessment visit 

and complete the comprehensive assessment under a Medicare home 

health plan of care for certain rehabilitation cases. 

IN THE SENATE OF THE UNITED STATES 

APRIL 27, 2017 

Mr. CARDIN (for himself and Mr. HELLER) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To permit occupational therapists to conduct the initial assessment visit and complete the comprehensive assessment under a Medicare home health plan of care for 

certain rehabilitation cases. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Medicare Home Health 

5 Flexibility Act of 2017’’. 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•S 977 IS

1 SEC. 2. PERMITTING OCCUPATIONAL THERAPISTS TO CON2 DUCT THE INITIAL ASSESSMENT VISIT AND 

3 COMPLETE THE COMPREHENSIVE ASSESS4 MENT UNDER A MEDICARE HOME HEALTH 

5 PLAN OF CARE FOR CERTAIN REHABILITA6 TION CASES. 

7 (a) IN GENERAL.—Notwithstanding section 

8 484.55(a)(2) or 484.55(b)(3) of title 42, Code of Federal 

9 Regulations, or any other provision of law, an occupational 

10 therapist may be designated to conduct the initial assess11 ment visit and to complete the comprehensive assessment 

12 for an individual who is eligible for home health services 

13 under title XVIII of the Social Security Act if the referral 

14 order by the physician— 

15 (1) does not include skilled nursing care; 

16 (2) includes occupation therapy; and 

17 (3) includes physical therapy or speech lan18 guage pathology. 

19 (b) RULE OF CONSTRUCTION.—Nothing in sub20 section (a) shall be construed to provide for initial eligi21 bility for coverage of home health services under title 

22 XVIII of the Social Security Act solely on the basis of 

23 a need for occupational therapy. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS
# Development of Chemical Precipitation Purchased Equipment Costs: Clarifiers

The following email supports EPA’s development of purchased equipment cost equations for clarifiers by documenting EPA's communication with a ve ndor regarding purchase costs for

solids contact clarifiers used in the Steam Electric cost model.From: "Bill Sute" <bsute@walker-process.com>

To: <Kavya.Kasturi@erg.com>
CC: "'Jeff Thomas'" <jthomas@walker-process.com>, <gwe verhart@comcast.net>
Date: 7/6/2011 11:35 AM Subject: Cost request for solids contact clarifiers
Attachments: 3321_001.pdf; 3322_001.pdf

Kavya:

Jeff Thomas requested that I respond to your June 3 0, 2011 email to Greg
Everhart.

First of all, I did a quick online search and found the following link which was quite informative:

http://www.powermag.com/water/Flue-Gas-Desulfurizat ion-Wastewater-Treatm ent-Primer_1739.html.

With reference to the Secondary Clarification parag raph, I assumed an overflow rate of 0.25 gpm/ft2 for sizing the solids contact clarifiers
below to be on the safe side.

For the 30 gpm flow rate, use a general budgetary c ost estimate of $65,000. The height and diameter of the associated tank are 12'-6" and 15'-0", respectively. The weight of the clarifier i s approximately 10,000 lbs.

For the 75 gpm flow rate, use a general budgetary c ost estimate of $80,000. The height and diameter of the associated tank are 13'-6" and 20'-0", respectively. The weight of the clarifier i s approximately 13,000 lbs.

The solids contact clarifiers for the above flow ra tes are typically
illustrated in the attachments.

The above cost estimates do not include the cost of the clarifier tank and ancillary equipment. The clarifier is made of c arbon steel and comes with Walker's standard primer coating.

Finally, Walker's solids contact clarifiers typical ly do not require flash mix tanks and/or flocculation tanks prior to wastewater entering the clarifier. However, as Walker is not all that f amiliar with the chemistry involved upstream of the secondary clarif ier as indicated in the above link, Walker suggests that jar and/or pil ot scale tests be conducted on a case-by-case basis to verify that th e tanks are not required.

Please let me know if you have questions on any of this.

Thank you.

Bill
Exhibit 31(b)

                                 Certifications


I, Jonathan S. Wood, certify that:

1. I have reviewed this quarterly report on Form 10-Q of Chaparral Resources,
Inc.;

2. Based on my knowledge, this quarterly report does not contain any untrue
statement of a material fact or omit to state a material fact necessary to make
the statements made, in light of the circumstances under which such statements
were made, not misleading with respect to the period covered by this quarterly
report;

3. Based on my knowledge, the financial statements, and other financial
information included in this quarterly report, fairly present in all material
respects the financial condition, results of operations and cash flows of the
registrant as of, and for, the periods presented in this quarterly report;

4. The registrant's other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and we have:

     a) designed such disclosure controls and procedures to ensure that material
     information relating to the registrant, including its consolidated
     subsidiaries, is made known to us by others within those entities,
     particularly during the period in which this quarterly report is being
     prepared;

     b) evaluated the effectiveness of the registrant's disclosure controls and
     procedures as of a date within 90 days prior to the filing date of this
     quarterly report (the "Evaluation Date"); and

     c) presented in this quarterly report our conclusions about the
     effectiveness of the disclosure controls and procedures based on our
     evaluation as of the Evaluation Date;

5. The registrant's other certifying officers and I have disclosed, based on our
most recent evaluation, to the registrant's auditors and the audit committee of
registrant's board of directors (or persons performing the equivalent function):

     a) all significant deficiencies in the design or operation of internal
     controls which could adversely affect the registrant's ability to record,
     process, summarize and report financial data and have identified for the
     registrant's auditors any material weaknesses in internal controls; and

     b) any fraud, whether or not material, that involves management or other
     employees who have a significant role in the registrant's internal
     controls; and

6. The registrant's other certifying officers and I have indicated in this
quarterly report whether or not there were significant changes in internal
controls or in other factors that could significantly affect internal controls
subsequent to the date of our most recent evaluation, including any corrective
actions with regard to significant deficiencies and material weaknesses.



Date: May 14, 2004                         /s/  Jonathan S. Wood
                                           ------------------------------------
                                           Jonathan S. Wood
                                           Chief Financial Officer
UNITED STATES DISTRICT COURT

FOR THE Northern District of Illinois − CM/ECF LIVE, Ver 6,1

Eastern Division

Jacques Rivera

Plaintiff,

v. Case No.: 1:12−cv−04428

Honorable Joan B. Gottschall

Reynaldo Guevara, et al.

Defendant.

NOTIFICATION OF DOCKET ENTRY

This docket entry was made by the Clerk on Tuesday, October 13, 2015:

 MINUTE entry before the Honorable Mary M. Rowland: Plaintiff's unopposed

motion for extension of time [208] is granted. The Court's 9/2/15 Order [206] is revised as

follows. Plaintiff shall file his supplemental Rule 26(a) disclosures by 10/23/15. The

parties shall submit their proposed discovery schedule by 11/6/15. No appearance

necessary on 10/15/15. Mailed notice(mb, )

ATTENTION: This notice is being sent pursuant to Rule 77(d) of the Federal Rules of

Civil Procedure or Rule 49(c) of the Federal Rules of Criminal Procedure. It was

generated by CM/ECF, the automated docketing system used to maintain the civil and

criminal dockets of this District. If a minute order or other document is enclosed, please

refer to it for additional information.

For scheduled events, motion practices, recent opinions and other information, visit our

web site at www.ilnd.uscourts.gov.

Case: 1:12-cv-04428 Document #: 210 Filed: 10/13/15 Page 1 of 1 PageID #:3898
Air Industries Group, Inc.
                               1479 Clinton Avenue
                            Bay Shore, New York 11706

                                                           As of October 9, 2009
Mr. and Mrs. John Gantt
183 Montecito Crescent
Melville, New York 11747

                          Re.: Welding Metallurgy, Inc.

Dear John and Lugenia:

      Our Amended and Restated Promissory Note in your favor dated as of August
24, 2007 (the "Note"), is expressly subordinated to the payment of our Senior
Indebtedness as defined therein. As a condition to granting certain waivers,
Steel City Capital Funding LLC ("SCCF"), one of our senior lenders, requires
that neither Air Industries Group, Inc. nor any of its subsidiaries make any
further payments under the Note until April 30, 2010. As of the date hereof,
there is presently due and owing $2,043,871of principal and $157,548.50 of
interest, and interest is accruing at the default rate of $11% per annum. We
acknowledge that a default in our obligations under the Note has occurred and is
continuing and that we have no defenses or counterclaims relating thereto.

      We hereby request your consent to a modification of the Note to defer all
payments thereunder until the earlier of (a) the date all indebtedness owed by
the Company to SCCF is paid in full or (b) April 30, 2010 (collectively, the
"Forbearance Date"). Notwithstanding anything in the Note to the contrary,
during the period from the date hereof until the Forbearance Date, interest
shall accrue on the outstanding principal balance of the Note at the rate of 9%
per annum and thereafter shall accrue at the rate as provided in the Note.
Unless otherwise agreed, for purposes of determining the schedule pursuant to
which the outstanding principal balance of the Note is to be repaid, a Blockage
Event (as such term is defined in the Note) shall be deemed to be in existence
during the period from the date hereof until the Forbearance Date, and as of the
Forbearance Date, payments under the Note will resume as provided therein.
Except as modified herein, the Note remains in full force and effect.

      As consideration for your consent to the foregoing, simultaneously
herewith we shall pay to you a fee, not in reduction of amounts due under the
Note, of $50,000. Except as modified herein, this letter shall not constitute a
waiver of any rights or remedies which you may have under the Note or otherwise.

      If the foregoing is acceptable to you, please so signify by signing this
letter in the space provided below whereupon this letter shall become a binding
agreement among us and a modification of the terms of the Note.

                                      Very truly yours,

                                      /s/Peter Rettaliata
                                      -------------------
                                      Peter D. Rettaliata
                                      President

Accepted and agreed to as of the date first written above.

/s/ John Gantt
-----------------
John Gantt

/s/ Lugenia Gantt
-----------------
Lugenia Gantt
IIA 

115TH CONGRESS 

2D SESSION S. J. RES. 55 

To require certifications regarding actions by Saudi Arabia in Yemen, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 8, 2018 

Mr. YOUNG (for himself and Mrs. SHAHEEN) introduced the following joint 

resolution; which was read twice and referred to the Committee on Foreign Relations 

JOINT RESOLUTION 

To require certifications regarding actions by Saudi Arabia 

in Yemen, and for other purposes. 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 SECTION 1. CERTIFICATIONS REGARDING ACTIONS BY 

4 SAUDI ARABIA IN YEMEN. 

5 (a) INITIAL CERTIFICATION.—Not later than 30 days 

6 after the date of the enactment of this Act, the Secretary 

7 of State shall submit to the appropriate committees of 

8 Congress a certification whether the Government of Saudi 

9 Arabia is undertaking— 


amozie on DSK30RV082PROD with BILLS
2 

•SJ 55 IS 

1 (1) an urgent and good faith effort to conduct 

2 diplomatic negotiations to end the civil war in 

3 Yemen; and 

4 (2) appropriate measures to alleviate the hu5 manitarian crisis in Yemen by increasing access for 

6 all Yemenis to food, fuel, and medicine. 

7 (b) SUBSEQUENT CERTIFICATIONS.—Not later than 

8 180 and 360 days after the date of the enactment of this 

9 Act, the Secretary of State shall submit to the appropriate 

10 committees of Congress a certification whether the Gov11 ernment of Saudi Arabia is undertaking the efforts de12 scribed in paragraphs (1) and (2) of subsection (a). 

13 (c) RESTRICTION.—If the Secretary of State is un14 able under subsections (a) and (b) to certify that the Gov15 ernment of Saudi Arabia is taking demonstrable action as 

16 described in subsection (a), no Federal funds may be obli17 gated or expended for United States air refueling of 

18 Saudi-led coalition non-United States aircraft conducting 

19 missions in Yemen other than missions related to— 

20 (1) al Qaeda, al Qaeda in the Arabian Penin21 sula (AQAP), and the Islamic State in Iraq and 

22 Syria (ISIS); 

23 (2) Iranian terrorist activities in Yemen; 


amozie on DSK30RV082PROD with BILLS
3 

•SJ 55 IS 

1 (3) countering the transport, assembly, or em2 ployment of Iranian ballistic missiles or components 

3 in Yemen; 

4 (4) helping coalition aircraft return safely to 

5 base in emergency situations; or 

6 (5) force protection of United States aircraft or 

7 personnel. 

8 (d) FORM OF CERTIFICATIONS.—The certifications 

9 required under subsections (a) and (b) shall be written, 

10 detailed, and submitted in unclassified form. 

11 (e) APPROPRIATE COMMITTEES OF CONGRESS DE12 FINED.—In this section, the term ‘‘appropriate commit13 tees of Congress’’ means— 

14 (1) the Committee on Foreign Relations, the 

15 Committee on Armed Services, and the Committee 

16 on Appropriations of the Senate; and 

17 (2) the Committee on Foreign Affairs, the 

18 Committee on Armed Services, and the Committee 

19 on Appropriations of the House of Representatives. 

Æ 


amozie on DSK30RV082PROD with BILLS