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

FOR THE TENTH CIRCUIT

_________________________________

UNITED STATES OF AMERICA, 

 Plaintiff - Appellee,

v.

TOBIAS A. SMITH, 

 Defendant - Appellant.

No. 24-8016

(D.C. No. 2:23-CR-00138-SWS-1)

(D. Wyo.)

_________________________________

ORDER AND JUDGMENT*

_________________________________

Before EID, CARSON, and FEDERICO, Circuit Judges.

_________________________________

Pursuant to a plea agreement, Tobias A. Smith pleaded guilty to a drug offense 

and was sentenced to 70 months in prison and five years of supervised release. He 

then filed this appeal. His plea agreement contains an appeal waiver that the 

government now moves to enforce. See United States v. Hahn, 359 F.3d 1315, 1328 

(10th Cir. 2004) (en banc) (per curiam).

In evaluating such a motion, we consider: “(1) whether the disputed appeal falls 

within the scope of the waiver of appellate rights; (2) whether the defendant knowingly 

and voluntarily waived his appellate rights; and (3) whether enforcing the waiver would

* This order and judgment is not binding precedent, except under the doctrines 

of law of the case, res judicata, and collateral estoppel. It may be cited, however, for 

its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.

FILED

United States Court of Appeals

Tenth Circuit

May 29, 2024

Christopher M. Wolpert

Clerk of Court

Appellate Case: 24-8016 Document: 010111056750 Date Filed: 05/29/2024 Page: 1
2

result in a miscarriage of justice.” Id. at 1325. In response, Mr. Smith, through counsel, 

has not disputed any of these factors and further states that he does not oppose the 

government’s motion.

Our independent review confirms the enforceability of the appeal waiver. 

Mr. Smith has identified no issues he wishes to raise on appeal that fall outside the scope 

of the waiver. The plea agreement clearly sets forth the appeal waiver and states that 

Mr. Smith agreed to the waiver knowingly and voluntarily, and the district court 

confirmed Mr. Smith’s understanding of the plea agreement during the change-of-plea 

hearing. Moreover, we see no evidence contradicting Mr. Smith’s knowing and 

voluntary acceptance of the appeal waiver. Finally, there is no indication that enforcing 

the waiver would result in a miscarriage of justice.

For the foregoing reasons, we grant the government’s motion to enforce the appeal 

waiver and dismiss the appeal.

Entered for the Court

Per Curiam

Appellate Case: 24-8016 Document: 010111056750 Date Filed: 05/29/2024 Page: 2
### Served: July 21 , 201 1 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on the 21 st day of July , 2011 Essential Air Service at MUSCLE SHOALS, ALABAMA FORT DODGE, IOWA MASON CITY, IOWA CHISHOLM/HIBBING, MINNESOTA THIEF RIVER FALLS, MINNESOTA GREENVILLE, MISSISSIPPI WATERTOWN, SOUTH DAKOTA Under 49 U.S.C. 41731 et seq . Docket DOT - OST - 2000 - 7856 Docket DOT - OST - 2001 - 10682 Docket DOT - OST - 2001 - 10684 Docket DOT - OST - 2003 - 15796 Docket DOT - OST - 2001 - 10642 Docket DOT - OST - 2008 - 0209 Docket DOT - OST - 2001 - 10644

NOTICE OF EXTENSION On July 15, 2011, Mesaba Aviation, Inc., Pinnacle Airlines, Inc., and SkyWest Airlines , all operating as Delta Connection, filed 90

- day notices of their intent to suspend services at 24 Essential Air Service ( EAS ) communities , including the seven listed above . Prior to th is announcement, the Department solicited proposals for EAS at the above communities, whose contracts wer e due to expire, a nd established due dates for proposals. As a result of the filing of these notices and in order to attract as broad a array of proposals as possible, we have decided to issue an Order soliciting a new round of proposals, including a revi sed due date for the above communities. Carriers who were prepared to submit proposals by the previously stated due dates should wait until the Department issues the forthcoming Order requestin g proposals.

Dennis DeVany, Chief, EAS and Domestic Analysis An electronic version of this document is available on the at http://www.regulations.gov
#### 836.202 Specifications.
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## Breadcrumb

            -  Evidence and Innovation 
            -  Teen Pregnancy Prevention Evidence Review 
            -           PPRER014797      

# PPRER014797

Escribano, S., Espada, J. P., Orgiles, M.,  Morales, A. (2016). Implementation fidelity for promoting the effectiveness of an adolescent sexual health program. Evaluation  Program Planning, 59, 81-87. doi:10.1016/j.evalprogplan.2016.08.008

N/AThis study does not meet screening criteria because it takes place in Spain.
823.303-70 Contract clause. Contracting officers shall insert clause 852.223-71, Safety and Health, in solicitations and contracts that involve hazardous materials for the following types of requirements: ( a ) Research, development, or test projects.
( b ) Transportation of hazardous materials.
( c ) Construction.
#### In the Matter of James Dunn, Petitioner, v Donald Selsky, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

[776 NYS2d 526]

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating the prison disciplinary rule that prohibits the unauthorized use of a controlled substance after his urine twice tested positive for the presence of opiates. Contrary to petitioner’s assertion, the chain of custody and the testimony from the correction officer who performed the tests confirms that petitioner’s urine sample was properly secured and that all appropriate testing procedures were followed *(see*7 NYCRR 1020.4 [e]; *Matter of Victor v Goord,*309 AD2d 1026 [2003]), thereby providing a proper foundation *939for reliance on the positive test results *(see*7 NYCRR 1020.5 [a] [1]; *Matter of Carter v Senkowski,*278 AD2d 730 [2000]). Inasmuch as the misbehavior report, positive results of the urinalysis tests and testimony of the correction officer who conducted the tests provides substantial evidence to support the determination of guilt, it will not be disturbed *(see Matter of Zippo v Goord,*2 AD3d 1006 [2003]; *Matter of Adams v Goord,*2 AD3d 927 [2003]). Petitioner’s remaining contentions are either unpreserved or found to be without merit.

Cardona, P.J., Crew III, Spain, Mugglin and Lahtinen, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
WRITTEN CONSENT TO ACTION WITHOUT MEETING
                          OF CENTURY LABORATORIES, INC.

Pursuant  to  Article  3  section  7  of  the  Bylaws  and DCA 8-141(f), (i) the
following  action  is  taken  and  approved by the Board of Directors of CENTURY
LABORATORIES,  INC.  by  unanimous  written  consent  as  if  a meeting had been
properly  called  and held and all the directors were present at the meeting and
voted  in  favor  of  such  action:

RESOLVED,  that the Fiscal Year-End of the corporation be changed from May 31 to
December  31,  effective  immediately, and that therefore the Fiscal Year of the
corporation  shall  now  begin  on  the  first  day  of  January  in  each year.

RESOLVED  FURTHER:  That the appropriate officers of this corporation are hereby
authorized  and directed to take such actions and execute such documents as they
may  deem  necessary  or  appropriate  to  effectuate  the  said  amendment.

IN  WITNESS  WHEREFORE,  the  undersigned,  being  all  the Directors of CENTURY
LABORATORIES,  INC.  have  signed  this  consent  on  the  dates indicated below
effective  this  19th  day  of  December  2000.


                                                     12/19/2000
/s/____________________________________________     ______________
Director;  ROBERT  BRYAN                                Date
[Federal Register Volume 86, Number 31 (Thursday, February 18, 2021)]
[Notices]
[Page 10127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03298]


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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4509-DR; Docket ID FEMA-2021-0001]


North Dakota; Amendment No. 2 to Notice of a Major Disaster 
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration 
for the State of North Dakota (FEMA-4509-DR), dated April 1, 2020, and 
related determinations.

DATES: This change occurred on January 20, 2021.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and 
Recovery, Federal Emergency Management Agency, 500 C Street SW, 
Washington, DC 20472, (202) 646-2833.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
(FEMA) hereby gives notice that pursuant to the authority vested in the 
Administrator, under Executive Order 12148, as amended, Nancy J. 
Dragani, of FEMA is appointed to act as the Federal Coordinating 
Officer for this disaster.
    This action terminates the appointment of Lee K. dePalo as Federal 
Coordinating Officer for this disaster.

    The following Catalog of Federal Domestic Assistance Numbers 
(CFDA) are to be used for reporting and drawing funds: 97.030, 
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis 
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster 
Unemployment Assistance (DUA); 97.046, Fire Management Assistance 
Grant; 97.048, Disaster Housing Assistance to Individuals and 
Households In Presidentially Declared Disaster Areas; 97.049, 
Presidentially Declared Disaster Assistance--Disaster Housing 
Operations for Individuals and Households; 97.050, Presidentially 
Declared Disaster Assistance to Individuals and Households--Other 
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially 
Declared Disasters); 97.039, Hazard Mitigation Grant.

Robert J. Fenton,
Senior Official Performing the Duties of the Administrator, Federal 
Emergency Management Agency.
[FR Doc. 2021-03298 Filed 2-17-21; 8:45 am]
BILLING CODE 9111-23-P
#### *Cummins &c. vs. Canter.*

Chancery.

Case 106.

Error to the Madison Circuit; George Shannon, Judge.

October 6.

*Jurisdiction.*

Circuit Judge in chancery sotting has no jurisdiction to enjoin a judgment for *494less than five pounds.

*493Judge Owsley

delivered the Opinion of the Court.

The judgment enjoined by the decree of the court below, in this case, is for less than live pounds, and the sum in contest, therefore, not cognizable in the circuit court, and by the express provisions of the act of assembly upon that subject, *494should not have been enjoined by the decree of that court.

*Caperlon,*for plaintiff; *Turner,*for defendant.

The decree must be reversed with cost, the cause remanded to the court below, and the hill there dismissed.
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Featured Grant OpportunityStanding Announcement for Tribal Title IV-E Plan Development Grants (Funding Opportunity)

Featured Grant OpportunityProviding Research Education Experiences to Enhance Inclusivity for a Diverse Substance Use and...

Featured Grant OpportunityFY 2024 Research on School-Based Hate Crimes (Funding Opportunity)

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## Breadcrumb

            -  Announcements 
            -           Webinar Recording: The Impact of Bias, Inequities, and Injustices in Supporting Students Impacted by Human Trafficking      

# Webinar Recording: The Impact of Bias, Inequities, and Injustices in Supporting Students Impacted by Human Trafficking

This webinar shared how bias affects the identification and support of students involved in human trafficking. It also provided suggestions on how we can lessen the impact of bias, inequities, and injustices in this work; and offered some examples of techniques, practices, and policies that help ensure a more equitable approach to supporting students impacted by human trafficking.**Learn more.**
IN THE SUPREME COURT OF THE STATE OF MONTANA

DA 20-0517

JRN HHOLDINGS, LLC, A LIMITED 

LIABILITY COMPANY,

 Plaintiff and Appellant,

 v.

DEARBORN MEADOWS LAND 

OWNERS ASSOCIATION, INC., A 

MONTANA NONPROFIT

CORPORATION, ITS PRESIDENT, JIM 

BECK, ITS VICE PRESIDENT, PAT 

RACICOT, ITS REPRESENTATIVE OF 

RECORD, ART POWELL, AND DOES 1 

- 100, CONSISTING OF ALL OTHERS 

WHO CLAIM A NON-CONSENSUAL 

RIGHT OF ACCESS ACROSS 

PAINTIFF'S REAL PROPERTY,

 Defendants and 

Appellees.

ORDER OF MEDIATOR APPOINTMENT

This appeal being subject to M.R.App.P. 7, and the parties having failed to jointly 

and timely select a mediator under M.R.App.P., 7(4),(c),

IT IS ORDERED THAT Thomas Anthony Marra, whose name appears next on 

the list of attorneys desiring appointment as mediators for Money Judgments appeals 

which is maintained pursuant to M.R.App.P., 7(4)(e), is hereby appointed to conduct the 

mediation process required by M.R.App.P., 7(5), and 

IT IS FURTHER ORDERED that the time periods set forth in M.R.App.P., 

7(5)(d) shall run from the date of this order of appointment.

A true copy of this order is being mailed to counsel of record for the parties, or to 

the parties individually if not represented by counsel, on the date hereof.

DATED this November 16, 2020.

11/16/2020

Case Number: DA 20-0517
Bowen Greenwood, Clerk of the Supreme Court

c: David B. Gallik, Anne Elizabeth Sherwood, Frederick F. Sherwood
#### 9.109-5 Solicitation provision.

Unless the exception at 9.109-3 applies, the contracting officer shall include the provision at 52.209-13, Violation of Arms Control Treaties or Agreements—Certification, in each solicitation for the acquisition of products or services (including construction) that exceeds the simplified acquisition threshold, other than solicitations for the acquisition of commercial products or commercial services.

[83 FR 28148, June 15, 2018, as amended at 86 FR 61021, Nov. 4, 2021]
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Featured Grant OpportunityRisk and Protective Factors of Family Health and Family Level Interventions (Funding Opportunity)

Featured Grant OpportunityPersonnel Development to Improve Services and Results for Children with Disabilities--Doctoral...

Featured Grant OpportunityStanding Announcement for Tribal Title IV-E Plan Development Grants (Funding Opportunity)

Featured Grant OpportunityProviding Research Education Experiences to Enhance Inclusivity for a Diverse Substance Use and...

Featured Grant OpportunityFY 2024 Research on School-Based Hate Crimes (Funding Opportunity)

Featured Grant OpportunityChallenge America (Funding Opportunity)

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Featured Grant OpportunityGraduate Research Fellowship (Funding Opportunity)

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## Breadcrumb

            -  Announcements 
            -           Resource: Preventing Intimate Partner Violence Across the Lifespan: A Technical Package of Programs, Policies, and Practices      

# Resource: Preventing Intimate Partner Violence Across the Lifespan: A Technical Package of Programs, Policies, and Practices

This technical package (PDF, 64 pages) highlights six strategies that represent the best-available evidence to prevent intimate partner violence and its consequences across the lifespan. Communities and states can use this resource to guide and inform decisions about programs, policies, and practices related to intimate partner violence prevention. **Learn more** (PDF, 64 pages).
Featured Grant OpportunitySchool Emergency Response to Violence (Project SERV) (Funding Opportunity) 

Featured Grant OpportunityShare with Youth: NOAA Student Opportunities Database

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## Breadcrumb

            -           Passport in Time      

# Passport in Time

Passport in Time (PIT) is a volunteer archaeology and historic preservation program of the USDA Forest Service (FS). PIT volunteers work with professional FS archaeologists and historians on national forests throughout the U.S. on such diverse activities as archaeological survey and excavation, rock art restoration, survey, archival research, historic structure restoration, oral history gathering, and analysis and curation of artifacts. FS professional staff of archaeologists and historians serve as hosts, guides, and co-workers.

http://www.passportintime.com
#### Harry Stackell, Respondent, v. Charles Guttman, Appellant.

Order, entered on January 2, 1964, denying defendant’s motion for summary judgment, unanimously reversed, on the law, with $30 costs and disbursements to appellant, and the motion for summary judgment in favor of defendant granted, with $10 costs. The prior appeal in this court (18 A D 2d 1140) involved narrower questions based on the pleadings and bill of particulars alone, and does not preclude the present determination on affidavits on the *670motion for summary judgment. The alleged agreement for the purchase of 800 shares of stock is unenforcible under the Statute of Frauds (Personal Property Law, § 85), there being no performance or memorandum signed by defendant. The agreement cannot be characterized as an agency arrangement under which defendant was to act as plaintiff’s agent for the purchase of the shares, since by letter of July 21, 1959 to defendant, plaintiff explicitly offered to subscribe for the 800 shares and to forward to defendant checks in payment therefor. This letter, plaintiff’s further letter of August 24, 1959 characterizing the agreement as one of sale rather than agency, and defendant’s affidavit denying the existence of any agreement were neither explained nor rebutted by the eonclusory statements in plaintiff’s affidavit (CPLR, 3212, subd. [b]; *O’Meara Co.*v. *National Park Bank,*239 N. Y. 386, 395; *Dodwell & Co.*v. *Silverman,*234 App. Div. 362, 363). Under the circumstances, it is not necessary to reach the more difficult question of the alleged illegality of the transaction under Federal law. Concur—Breitel, J. P., Valente, McNally, Stevens and Bastow, JJ. [43 Misc 2d 985].