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

[815 NYS2d 332]

*1222Spain, J.

Appeal from a judgment of the County Court of Franklin County (Main, Jr., J.), rendered February 7, 2005, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree.

At defendant’s arraignment on an indictment charging him, as a persistent felony offender, with promoting prison contraband in the first degree, defendant expressed his desire to represent himself. Following an inquiry, County Court permitted defendant to proceed pro se. Defendant subsequently pleaded guilty to the lesser offense of attempted promoting prison contraband in the first degree and waived his right to appeal the sentence imposed, but preserved his right to appeal all other issues. As agreed, defendant was sentenced to a prison, term of IV2 to 3 years, running consecutive to the sentence he is currently serving. Defendant now appeals.

Defendant contends that County Court failed to make a sufficiently searching inquiry into his request to represent himself. We disagree. The record as a whole demonstrates that defendant’s waiver of the right to counsel was knowing, voluntary and intelligent *(see People v Providence,*2 NY3d 579, 582-584 [2004]). County Court inquired into defendant’s level of education and previous trial experience and explained various responsibilities that defendant would face in undertaking his own representation *(see People v Arroyo,*98 NY2d 101, 103-104 [2002]; *People v Williams,*27 AD3d 770, 771 [2006]; *People v Whitted,*16 AD3d 905, 907-908 [2005], *lv denied 4*NY3d 892 [2005]). Furthermore, the court repeatedly confirmed defendant’s continued desire to represent himself and warned him of the dangers of self-representation and the importance of counsel *(see People v Providence, supra*at 582-584; *People v Arroyo, supra*at 103-104; *People v Sanders,*295 AD2d 639, 640 [2002], *lv denied*98 NY2d 771 [2002]).

Turning to defendant’s pro se arguments regarding the preclusionary effect of his successful administrative appeal of the determination that he violated certain prison disciplinary rules based upon the same underlying conduct as the instant criminal proceeding, we note that the record fails to disclose the *1223grounds upon which the determination was based. Additionally, the courts of this state have consistently held that neither double jeopardy nor collateral estoppel applies to preclude criminal prosecution for acts which were previously the subject of a noncriminal proceeding *(see People v Heath,*24 AD3d 876, 877-878 [2005], *lv denied*6 NY3d 813 [2006]; *see also People v Fagan,*66 NY2d 815 [1985]).

Mercure, J.P., Crew III, Mugglin and Kane, JJ., concur. Ordered that the judgment is affirmed.
2007-1282.

#### Gasper Twp. Bd. of Trustees v. Preble Cty. Budget Comm.

Board of Tax Appeals, No. 2004-T-1152. This cause is pending before the court as an appeal from the Board of Tax Appeals. Upon consideration of appellees’ motion to supplement the record,

It is ordered by the court that the motion is granted. The documentation attached to appellees’ motion to supplement shall be deemed part of the record in this case.
Subpart 303.1 - Safeguards

Parent topic: PART 303 - IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF

INTEREST

303.101 Standards of conduct.

303.101-3 Agency regulations.

(a)(3) The HHS Standards of Conduct are prescribed in 45 CFR part 73.

303.104-7 Violations or possible violations of the

Procurement Integrity Act.

(a)

(1) The contracting officer shall submit to the head of the contracting activity (HCA) for review and

concurrence the determination (along with supporting documentation) that a reported violation or

possible violation of the statutory prohibitions has no impact on the pending award or selection of a

contractor for award.

(2) The contracting officer shall refer the determination that a reported violation or possible

violation of the statutory prohibitions has an impact on the pending award or selection of a

contractor, along with all related information available, to the HCA. The HCA shall -

(i) Refer the matter immediately to the Associate Deputy Assistant Secretary - Acquisition (ADAS-A)

for review, who may consult with the appropriate legal office representative and the Office of

Inspector General (OIG) as appropriate; and

(ii) Determine the necessary action in accordance with FAR 3.104-7(c) and (d). The HCA shall obtain

the approval or concurrence of the ADAS-A before proceeding with an action.

(b) The HCA (non-delegable) shall act with respect to actions taken under the Federal Acquisition

Regulation (FAR) clause at 52.203-10, Price or Fee Adjustment for Illegal or Improper Authority.
PGI 250.103-5 Processing cases.

(1) The officer or official responsible for the case shall forward to the contract adjustment board,

through departmental channels, two copies of the following:

(i) A letter stating—

(A) The nature of the case;

(B) The basis for the board's authority to act;

(C) The findings of fact essential to the case (see FAR 50.103-4). Arrange the findings

chronologically with cross-references to supporting enclosures;

(D) The conclusions drawn;

(E) The recommended disposition; and

(F) If contractual action is recommended, a statement by the signer that the action will facilitate the

national defense.

(ii) The contractor's request.

(iii) All evidentiary materials.

(iv) All endorsements, reports and comments of cognizant Government officials.

(2) A letter to the Board recommending an amendment without consideration where essentiality is a

factor (see FAR 50.103-2(a)(1)) should also provide—

(i) The information required by FAR 50.103-4(a) and (b), and

(ii) Findings as to—

(A) The contractor's performance record, including the quality of product, rate of production, and

promptness of deliveries;

(B) The importance to the Government, particularly to the active duty military, of the performance of

the contract and the importance of the contractor to the national defense;

(C) The forecast of future contracts with the contractor; and

(D) Other available sources of supply for the supplies or services covered by the contract, and the

time and cost of having contract performance completed by such other sources.

Parent topic: PGI 250.103 Contract adjustments.
§ 501.161 Filing a complaint. ( a ) A complaint under this subpart must be submitted in writing over the signature of the person making the complaint in accordance with the general filing requirements stated in § 501.7. OFE will accept oral complaints that otherwise satisfy the requirements of this subpart, but OFE may request written verification.
( b ) A complaint shall be filed at the address provided in § 501.11.
#### FACTORS’ FIRE INS. CO., Appellant, v. WHILDEN et al., Respondents.

(Supreme Court, Appellate Division, First Department.

June 26, 1914.)

Action by the Factors’ Fire Insurance Company against William J. Whilden and others.

A. W. Otis, of New York City, for appellant.

J. *Z.*Lowe, Jr., of New York City, for respondents.

No opinion. Judgment affirmed, with costs, with leave to plaintiff to serve amended complaint, on payment of costs in this court and in the court below. Order filed.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 417 Introduced in House (IH)]

109th CONGRESS
  1st Session
H. RES. 417

    Directing the Secretary of Defense to transmit to the House of 
 Representatives not later than 14 days after the date of the adoption 
  of this resolution documents in the possession of the Secretary of 
 Defense relating to the disclosure of the identity and employment of 
                           Ms. Valerie Plame.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 29, 2005

   Mr. Holt (for himself, Mr. Inslee, Mr. Grijalva, Mr. Conyers, Mr. 
 Kucinich, Mr. Tierney, Mr. McDermott, Mr. Ackerman, Mr. DeFazio, Mr. 
Hinchey, Mr. Delahunt, Mr. Doyle, Mr. Udall of Colorado, Mr. Visclosky, 
   Mr. McGovern, Mr. Pallone, Ms. Lee, and Ms. Matsui) submitted the 
  following resolution; which was referred to the Committee on Armed 
                                Services

_______________________________________________________________________

                               RESOLUTION

 
    Directing the Secretary of Defense to transmit to the House of 
 Representatives not later than 14 days after the date of the adoption 
  of this resolution documents in the possession of the Secretary of 
 Defense relating to the disclosure of the identity and employment of 
                           Ms. Valerie Plame.

    Resolved, That the Secretary of Defense is directed to transmit to 
the House of Representatives not later than the date that is 14 days 
after the date of the adoption of this resolution, all documents, 
including telephone and electronic mail records, logs and calendars, 
personnel records, and records of internal discussions in the 
possession of the Secretary of Defense relating to the disclosure of 
the identity of Ms. Valerie Plame as an employee of the Central 
Intelligence Agency during the period beginning on May 6, 2003, and 
ending on July 31, 2003.
                                 <all>
```
§ 603.210 Recipients. ( a ) A TIA requires one or more for-profit firms, not acting in their capacity as the contractor of a FFRDC, to be involved either in the: ( 1 ) Performance of the RD&D project; or
( 2 ) The commercial application of the results. ( i ) In those cases where there is only a non-profit performer or a consortium of non-profit performers or non-profit performers and FFRDC contractors, if and as authorized, the performers must have at least a tentative agreement with a specific for-profit partner or partners who plan on being involved in the commercial application of the results.
( ii ) In consultation with legal counsel, the contracting officer should review the agreement between the performers and their for-profit partner to ensure that the for-profit partner is committed to being involved in the commercial application of the results.
( b ) A TIA may be particularly useful for awards to consortia (a consortium may include one or more for-profit firms, as well as State or local government agencies, institutions of higher education, other nonprofit organizations, or FFRDC contractors, if and as authorized) because: ( 1 ) If multiple performers are participating as a consortium, they may be more equal partners in the performance of the project than usually is the case with a prime recipient and subrecipients. All of the performers are more likely to be directly involved in developing and revising plans for the RD&D effort, reviewing technical progress, and overseeing financial and other business matters. That feature makes consortia well suited to building new relationships among performers in the technology base, a principal objective for the use of a TIA.
( 2 ) In addition, interactions among the participants within a consortium potentially provide a self-governance mechanism. The potential for additional self-governance is particularly good when a consortium includes multiple for-profit participants that normally are competitors within an industry.
( c ) A TIA may be used for carrying out RD&D performed by single firms or multiple performers (e.g., a teaming arrangement) in prime award-subaward relationships. In awarding a TIA in those cases, however, consideration should be given to providing for greater involvement of the program official or a way to increase self-governance (e.g., a prime award with multiple subawards arranged so as to give the subrecipients more insight into and authority and responsibility for the programmatic and business aspects of the overall project than they usually have).
#### BROWN, Respondent, v. PITTSBURG BLDG. CO., Appellant, et al.

(Supreme Court, Appellate Division, Second Department.

November 27, 1914.)

Action by Alice Brown, as administratrix, etc., of William Brown, deceased, against the Pittsburg Building Company, impleaded with another.

No opinion. Judgment and order affirmed, with costs.

BURR, J., dissents.
`[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 242 Reported in House (RH)]






                                                  House Calendar No. 31
109th CONGRESS
  1st Session
H. RES. 242

                          [Report No. 109-60]

   Waiving a requirement of clause 6(a) of rule XIII with respect to 
  consideration of certain resolutions reported from the Committee on 
                                 Rules.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 27, 2005

    Mr. Putnam, from the Committee on Rules, reported the following 
resolution; which was referred to the House Calendar and ordered to be 
                                printed

_______________________________________________________________________

                               RESOLUTION


 
   Waiving a requirement of clause 6(a) of rule XIII with respect to 
  consideration of certain resolutions reported from the Committee on 
                                 Rules.

    Resolved,  That the requirement of clause 6(a) of rule XIII for a 
two-thirds vote to consider a report from the Committee on Rules on the 
same day it is presented to the House is waived with respect to any 
resolution reported on the legislative day of April 28, 2005 (1) 
providing for consideration or disposition of a conference report to 
accompany the concurrent resolution (H. Con. Res. 95) establishing the 
congressional budget for the United States Government for fiscal year 
2006, revising appropriate budgetary levels for fiscal year 2005, and 
setting forth appropriate budgetary levels for fiscal years 2007 
through 2010 or (2) establishing a separate order relating to budget 
enforcement.




                                                  House Calendar No. 31

109th CONGRESS

  1st Session

                              H. RES. 242

                          [Report No. 109-60]

_______________________________________________________________________

                               RESOLUTION

   Waiving a requirement of clause 6(a) of rule XIII with respect to 
  consideration of certain resolutions reported from the Committee on 
                                 Rules.

_______________________________________________________________________

                             April 27, 2005

        Referred to the House Calendar and ordered to be printed`
§ 209.22 Initiation of meetings. ( a ) Any meeting held for the purpose of developing a voluntary agreement involving two or more potential participants shall be initiated and chaired by the Administrator or other regular full-time Federal employee designated by him.
( b ) DOE shall provide notice of meetings held pursuant to this subpart, in writing, to the Attorney General, the Federal Trade Commission, and to the Speaker of the House and the President of the Senate for delivery to the appropriate committees of Congress, and to the public through publication in the Federal Register. Such notice shall identify the time, place, and agenda of the meeting, and such other matters as the Administrator deems appropriate. Notice in the Federal Register shall be published at least seven days prior to the date of the meeting.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 425 Engrossed in House (EH)]

H. Res. 425

                 In the House of Representatives, U.S.,

                                                     September 7, 2005.
Whereas, on August 28, 2005, Hurricane Katrina reached landfall devastating the 
        Gulf Coast states;
Whereas there has yet to be a full accounting for all our citizens whose lives 
        were tragically lost;
Whereas the cost in human suffering is ongoing for hundreds of thousands of 
        people who have lost loved ones, homes, and livelihoods;
Whereas immediate humanitarian aid is still critically needed in many of the 
        devastated regions;
Whereas the devastation on the Gulf Coast of Mississippi, Louisiana, and Alabama 
        is catastrophic;
Whereas the City of New Orleans is tragically flooded and the surrounding 
        communities of St. Bernard and Plaquemines parishes are devastated;
Whereas every city on the Mississippi Gulf Coast is severely damaged or 
        destroyed, including Waveland, Bay St. Louis, Pass Christian, Long 
        Beach, Gulfport, Biloxi, Ocean Springs, Moss Point, and Pascagoula;
Whereas the States of Florida, Texas, and Georgia also sustained damage;
Whereas Coast Guard search and rescue teams, police, firefighters, the National 
        Guard, and many ordinary citizens have risked their lives to save 
        others;
Whereas doctors, nurses, and medical personnel worked expeditiously to ensure 
        that hospitals, medical centers, and triage units provided needed care;
Whereas the American Red Cross, the Salvation Army, and other volunteer 
        organizations and charities are supplying hurricane victims with food, 
        water, and shelter;
Whereas the State of Texas and numerous other States have welcomed tens of 
        thousands of victims from Louisiana and provided them with aid and 
        comfort;
Whereas the Army Corps of Engineers has worked to reinforce levees in Louisiana; 
        and
Whereas thousands of volunteers and government employees from across the Nation 
        have committed time and resources to help with recovery efforts: Now, 
        therefore, be it
    Resolved,  That the House of Representatives--
            (1) expresses the condolences of the Nation to the victims of 
        Hurricane Katrina;
            (2) commends the resiliency and courage of the people of the States 
        of Louisiana, Mississippi, and Alabama; and
            (3) commits to provide the necessary resources and to stand by the 
        people of the States of Louisiana, Mississippi, and Alabama in the 
        relief, recovery, and rebuilding efforts.
            Attest:

                                                                          Clerk.
```
IN THE UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF ALABAMA

EASTERN DIVISION

CLARENCE GLENN, *

*

Plaintiff, *

*

vs. * CASE NUMBER.: 3:06 CV 789-MHT

*

MARICA MONTGOMERY, et al., *

*

Defendant. *

CONSENT TO REMAND

COMES NOW the Defendant, Marica Montgomery, and in reliance upon a

representation by the Plaintiff that an amount greater than $75,000 will never be sought in

this case, hereby consents to a remand of this case. 

DATED this 11 day of October, 2006. th

/s/ Jeffrey G. Hunter 

ALEX L. HOLTSFORD, JR. (HOL048)

JEFFREY G. HUNTER (HUN028)

Attorney’s For Defendants

OF COUNSEL:

NIX HOLTSFORD GILLILAND

 HIGGINS & HITSON, P. C.

Post Office Box 4128

Montgomery, Alabama 36103-4128

(334) 215-8585

Case 3:06-cv-00789-MHT-CSC Document 6 Filed 10/12/2006 Page 1 of 2
CERTIFICATE OF SERVICE

I hereby certify that I have this day mailed, postage prepaid, an exact copy of the

foregoing document to:

Lawrence T. King

Lindsey O. Hill

Goozee, King, & Horsley

Shades Brook Building

3300 Cahaba Road, Suite 200

Birmingham, Alabama 35223

This the 11 day of October, 2006. th

/s/ Jeffrey G. Hunter 

OF COUNSEL

Case 3:06-cv-00789-MHT-CSC Document 6 Filed 10/12/2006 Page 2 of 2
IV 

115TH CONGRESS 

1ST SESSION H. RES. 369 

Recognizing May 29, 2017, as ‘‘National 529 Day’’. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 25, 2017 

Mr. WITTMAN submitted the following resolution; which was referred to the 

Committee on Ways and Means 

RESOLUTION 

Recognizing May 29, 2017, as ‘‘National 529 Day’’. 

Whereas the United States is committed to competing in the 

global economy and providing all students with the education and skills that will enable them to compete successfully; 

Whereas it is in the best interest of our Nation’s employers 

to ensure a well-educated workforce; 

Whereas post-secondary education at colleges, graduate 

schools, vocational schools and technical institutions is an 

investment in one’s future which opens doors to better 

jobs and higher earnings; 

Whereas saving in advance for higher education can help 

Americans reach their personal and professional goals 

and avoid student loan debt; 


lotter on DSK30NT082PROD with BILLS
2 

•HRES 369 IH 

Whereas 529 savings plans allow families to dedicate funds 

towards their own education or the education of a loved 

one in an account that will grow tax free for future use 

toward qualified higher education expenses; and 

Whereas National 529 Day is an opportunity for all Americans to learn about and begin saving to achieve their 

higher education needs: Now, therefore, be it 

1 Resolved, That the House of Representatives hereby 

2 recognizes ‘‘National 529 Day’’ and the opportunities that 

3 529 savings plans provide American families to save for 

4 education. 

Æ 


lotter on DSK30NT082PROD with BILLS