alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v Raymond Brooks, Appellant.

Judgment, Supreme Court, Bronx County, rendered April 4, 1978, convicting defendant on his plea of guilty to robbery in the first degree and, on adjudicating defendant a predicate felony offender, imposing an indeterminate sentence of 8 to 16 years, modified, on the law, to vacate the sentence and defendant’s adjudication as a predicate felony offender, and the matter remanded for resentence, and otherwise affirmed. Defendant was sentenced as a predicate felon on the basis of a Florida conviction for grand larceny. The Florida statute made it a felony to steal property with a value equal to or exceeding $100 (Fla Stat Ann, § 812.021). In New York, larceny does not constitute a felony punishable by over one year in prison unless the value of the property stolen exceeds $250 (Penal Law, § 155.30, subd 1). In a memorandum decision filed November 1, 1979, this court remanded for a new predicate felony hearing to determine the monetary value of the stolen property in Florida. That memorandum decision was recalled *sua sponte*on November 8, 1979. Section 70.06 (subd 1, par [b], cl [i]) of the Penal Law defines a predicate felony conviction in pertinent part as a conviction "in any other jurisdiction of an offense for which a sentence to a term of imprisonment in excess of one year * * * was authorized and is authorized in this state”. Since the Florida larceny as defined by the Florida statute is not an offense punishable in this State by a term of imprisonment in excess of one year, it does not constitute a predicate felony for purposes of sentencing. (See *People v Olah,*300 NY 96.) Accordingly, defendant’s adjudication as a second felony offender must be vacated and the matter remanded for resentencing. Concur—Kupferman, J. P., Fein, Sandler, Markewich and Silverman, JJ.
§ 1223.10 Information. *Information* means information and programs that are designed to increase efficiency in processing and to develop new markets, marketing strategies, increase market efficiency, and activities that are designed to enhance the image of pecans on a national or international basis. These include: ( a ) *Consumer information,* which means any action taken to provide information to, and broaden the understanding of, the general public regarding the consumption, use, nutritional attributes, and care of pecans; and
( b ) *Industry information,* which means information and programs that will lead to the development of new markets, new marketing strategies, or increased efficiency for the pecan industry, and activities to enhance the image of the pecan industry.
#### Menne Nursery Corporation, Formerly Menn-Stan Corp., Inc., Appellant, v Rebco Steel Corp, Inc., et al., Respondents.

(Appeal No. 1.)

Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: Plaintiff brought a motion pursuant to CPLR 3025 (subd [b]) for leave to serve an amended complaint, adding two additional party defendants and including causes of action based upon unjust enrichment, account stated and fraud. The motion was made following discovery proceedings which apprised plaintiff for the first time as to the true owners of certain real property where plaintiff had performed landscaping services that had gone unpaid and were the subject of plaintiff’s initial complaint. Special Term allowed plaintiff to amend its complaint on condition that plaintiff pay $350 for attorney’s fees to the defendants. We find that defendants will suffer no prejudice as a result of the amendment and conclude that Special Term did not abuse its discretion in granting plaintiff’s motion for leave to amend *(Capellino Abattoir, Inc. v Lieberman,*70 AD2d 713; *Creative Marketing Prods. of Rochester v United States Fid. & Guar. Co.,*69 AD2d 1014). The same basic facts are alleged in the amended complaint as in the initial complaint and it does not appear that allowing the amendment will occasion any delay or additional expense. Plaintiff moved to amend with a reasonable time after ascertaining new and relevant information during the course of pretrial discovery proceedings and well in advance of trial. It was an improvident exercise of discretion for Special Term to grant plaintiff permission to amend its complaint conditioned upon plaintiff’s payment of the sum of $350 to the defendants for counsel fees. Accordingly, such condition is deleted from the order. (Appeal from order of Erie Supreme Court — amend complaint.) Present — Cardamone, J. P., Simons, Hancock, Jr., Callahan and Doerr, JJ.
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## Breadcrumb

            -  Announcements 
            -           Resource: Technical Assistance Centers to Accelerate Learning and Support Student Wellbeing      

# Resource: Technical Assistance Centers to Accelerate Learning and Support Student Wellbeing

ED announced funding for three technical assistance (TA) centers to support the Department’s Raise the Bar: Lead the World initiative. These TA centers will fund state and local efforts to support and enhance student wellbeing, academic success, and school safety: 
                  -  Comprehensive Literacy State Development Center   
                  -  National Technical Assistance Center for 21st Century Community Learning Centers   
                  -  Student Support and Academic Enrichment and Bipartisan Safer Communities Act (BSCA) Stronger Connections Technical Assistance Center   

**Learn more.**
#### § 1051.53 Announcement of class prices, component prices, and advanced pricing factors.

See § 1000.53.
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## Breadcrumb

            -  Announcements 
            -           Novavax Approved by CDC as an Additional COVID-19 Vaccine for Adolescents      

# Novavax Approved by CDC as an Additional COVID-19 Vaccine for Adolescents

The CDC recently approved Novavax’s COVID-19 vaccine to be used as another primary series option for adolescents ages 12 through 17. This recommendation follows the FDA’s emergency use authorization for the vaccine for this age group.  

Novavax uses protein subunit technology, the same technology used in the Influenza and Whooping Cough vaccines, to help the immune system respond to the virus in the future. **Learn more.**
§ 1206.74 Effect of termination or amendment. Unless otherwise expressly provided by the Department, the termination or amendment of this part or any subpart thereof, shall not: ( a ) Affect or waive any right, duty, obligation or liability which shall have arisen or which may thereafter arise in connection with any provision of this part; or
( b ) Release or extinguish any violation of this part; or
( c ) Affect or impair any rights or remedies of the United States, or of the Department, or of any other persons with respect to any such violation.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee,

 v.

CHUNG YU YEUNG, AKA Louis Yeung, 

Defendant-Appellant.

No. 16-50314

D.C. No. 

2:14-cr-00609-CAS-2

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

Christina A. Snyder, District Judge, Presiding

Argued and Submitted November 14, 2018

Pasadena, California

Before: PAEZ, PARKER,

** and CLIFTON, Circuit Judges. 

Defendant-Appellant Chung Yu Yeung appeals his sentence following his

conviction of one count of conspiracy to commit bank fraud in violation of 18

U.S.C. §§ 1349 and 1344, and to four counts of aiding and abetting bank fraud in

FILED

DEC 20 2018

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36-3.

** The Honorable Barrington D. Parker, United States Circuit Judge for

the U.S. Court of Appeals for the Second Circuit, sitting by designation.
violation of 18 U.S.C. §§ 1344 and 42. He challenges the special conditions of

supervised release imposed by the district court. We affirm.

Yeung appeals three conditions of supervised release associated with

computer usage, Conditions 8, 9, and 10. Yeung contends that these restrictions are

not reasonable.

We have held that conditions that ban internet or computer use outright or

prohibit computer use without permission from a probation officer were too

restrictive. See United States v. LaCoste, 821 F.3d 1187, 1190–92 (9th Cir. 2016);

United States v. Barsumyan, 517 F.3d 1154, 1160–62 (9th Cir. 2008); United

States v. Sales, 476 F.3d 732, 737 (9th Cir. 2007). The conditions here were not

similarly overbroad, however. Yeung was not required to ask permission before

accessing a computer or the internet, only to inform the probation officer which

computers or computer-related devices he was accessing. Similarly, though in

some cases this court has held restrictive conditions on computer use to be too

tangential to the charged crime, see, e.g., Sales, 476 F.3d at 737, that is not the

situation here. Yeung used computers and the internet extensively in furtherance of

his crimes and hid the company’s computers and servers detailing the location of

the company’s inventory once the fraud had been discovered. 

2
Yeung also argued that Condition 10 of supervised release was overbroad

since the condition did not clarify whether the computer monitoring program

applied to internet use only or also to general computer use. We have already

concluded that a similar condition applied only to internet usage. United States v.

Quinzon, 643 F.3d 1266, 1272–73 (9th Cir. 2011). Here, the government concedes

that Condition 10 only applies to internet usage.

Consequently, we hold that the challenged conditions are consistent with the

principles of 18 U.S.C. § 3553(a) of protecting the public from further harm and

deterrence. See United States v. Wolf Child, 699 F.3d 1082, 1090 (9th Cir. 2012).

AFFIRMED.

3
##### 



Exhibit 31-5  CERTIFICATION
    PURSUANT TO
    RULE 13a-14(a)
    AND
    15d-14(a) OF
    THE SECURITIES
    AND EXCHANGE ACT OF 1934
    1.
    I have reviewed this quarterly report on
    Form 10-Q
    of PECO Energy Company;2.
    Based on my knowledge, this 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 report;3.
    Based on my knowledge, the financial statements, and other
    financial information included in this 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 report;4.
    The registrants other certifying officer and I are
    responsible for establishing and maintaining disclosure controls
    and procedures (as defined in Exchange Act
    Rules 13a-15(e)
    and
    15d-15(e))
    for the registrant and have:  (a)
    Designed such disclosure controls and procedures, or caused such
    disclosure controls and procedures to be designed under our
    supervision, 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 report is being prepared;(b)
    Evaluated the effectiveness of the registrants disclosure
    controls and procedures and presented in this report our
    conclusions about the effectiveness of the disclosure controls
    and procedures, as of the end of the period covered by this
    report based on such evaluation; and(c)
    Disclosed in this report any change in the registrants
    internal control over financial reporting that occurred during
    the registrants third fiscal quarter that has materially
    affected, or is reasonably likely to materially affect, the
    registrants internal control over financial
    reporting; and  5.
    The registrants other certifying officer and I have
    disclosed, based on our most recent evaluation of internal
    control over financial reporting, to the registrants
    auditors and the audit committee of the registrants board
    of directors (or persons performing the equivalent functions):  (a)
    All significant deficiencies and material weaknesses in the
    design or operation of internal control over financial reporting
    which are reasonably likely to adversely affect the
    registrants ability to record, process, summarize and
    report financial information; and(b)
    Any fraud, whether or not material, that involves management or
    other employees who have a significant role in the
    registrants internal control over financial reporting.  
       163
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## Breadcrumb

            -           Make a Friend-Be a Peer Mentor      

# Make a Friend-Be a Peer Mentor

This Bulletin explains to youth how peer mentoring works, how to become a peer mentor, and how to create and maintain a strong peer mentor network.

https://www.ncjrs.gov/pdffiles1/171691.pdf
###### Editorial Note on Subchapter B of Chapter XIV

#### Editorial Note:

For Federal Register citations to regulations affecting previous program years not included in this volume, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at *www.govinfo.gov.*

#### § 1427.1084 Examination of warehouses.

Except as otherwise provided in this subpart, a warehouse must be examined by a person designated by CCC before it may be approved by CCC for the storage and handling of the commodity and periodically thereafter to determine its compliance with CCC's standards and requirements.
Date:    August 6, 2014

From:    David Cole, EPA, Office of Air Quality Planning and Standards

To:    Docket # EPA‐HQ‐OAR‐2009‐0734

Subject: Comments from Hearth Patio and Barbecue Association on Proposed Standards

of Performance for New Residential Wood Heater  

On August 5, 2014, representatives from the Hearth Patio and Barbecue Association (HPBA), at

their request, met with Janet McCabe, Assistant Administrator, and her staff to emphasize their

main concerns expressed in their public comments. The industry association focused on three

general topics:

1. Warm Air Furnaces                                                                                                           

2. Cost of Best Systems of Emission Reduction

3. Test Methods

Attending the meeting were—

HPBA: Jack Goldman, President and CEO;                                                                                                  

Ryan Carroll, Director of Government Affairs;                                                                               

John Crouch, Director of Public Affairs

U.S. Stove: John Voorhees, United States Stove Company

Crowell & Moring: David Menotti, outside counsel for HPBA                                                                                      

EPA: Janet McCabe, Assistant Administrator, Office of Air and Radiation                  

Steve Page, Director, Office of Air Quality Planning and Standards                 

Mike Koerber, Associate Director for Policy, OAQPS                                               

Greg Green, Director, Outreach and Information Division/OAQPS                          

Gil Wood, Staff Project Leader, OID/OAQPS                                                           

David Cole, OID/OAQPS
#### CHAPMAN, Respondent, v. DELAWARE, L. & W. R. CO., Appellant

(Supreme Court, Appellate Division, Fourth Department.

June 1, 1906.)

Action by Olive Chapman, as, etc., against the Delaware, Lackawanna & Western Railroad Company.

No opinion. Motion for leave to appeal to the Court of Appeals denied, with $10 costs.
Editorial Note on Subchapter B of Chapter XIV
Editorial Note: For Federal Register citations to regulations affecting previous program years not included in this volume, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at *www.govinfo.gov .*

§ 1421.1 Applicability and interest. ( a ) The regulations in this subpart are applicable to crops of barley, small and large chickpeas, corn, grain sorghum, lentils, oats, dry peas, peanuts, rice, wheat, wool, mohair, oilseeds and other crops designated by Commodity Credit Corporation (CCC). These regulations specify the general provisions under which Marketing Assistance Loans (MALs) and Loan Deficiency Payments (LDPs) will be administered by CCC. Additional terms and conditions are in the additional documents required to receive MALs and LDPs. In any case in which money must be refunded to CCC in connection with this part, interest will be due to run from the date of disbursement of the sum to be refunded. This provision will apply, unless waived by the Deputy Administrator, irrespective of any other rule.
( b ) ( 1 ) The basic loan rates, the schedule of premiums and discounts, and forms applicable to the MAL and LDP Programs for the commodities specified in paragraph (a) of this section are available in Farm Service Agency (FSA) State and county offices. The forms for use in these programs will be prescribed by CCC.
( 2 ) LDPs will be available for unshorn pelts, hay and silage.
( c ) MALs and LDPs will not be available for any commodity produced on land owned or otherwise in the possession of the United States if such land is occupied without the consent of the United States.
( d ) Producers who produced eligible loan commodities are eligible for MALs or LDPs.
( e ) Adjusted Gross Income (AGI) provisions specified in part 1400 of this chapter apply to this part.
[67 FR 63511, Oct. 11, 2002, as amended at 71 FR 32422, June 6, 2006; 74 FR 15649, Apr. 7, 2009; 80 FR 119, Jan. 2, 2015; 86 FR 70705, Dec. 13, 2021]
###### Editorial Note on Subchapter B of Chapter XIV

#### Editorial Note:

For Federal Register citations to regulations affecting previous program years not included in this volume, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at *www.govinfo.gov.*

#### § 1436.14 Taxes.

The borrower must pay, when due, all real and personal property taxes that may affect CCC's security interest in all collateral or land securing the note evidencing the loan. To protect its interests, CCC may pay any unpaid taxes with respect to the collateral or land securing a loan made in accordance with this part, and if CCC does so, the borrower will reimburse CCC for such payment, and if unpaid by the borrower, such debt will become due immediately.

[66 FR 4612, Jan. 18, 2001, as amended at 74 FR 41591, Aug. 18, 2009]