alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### UNPUBLISHED



# UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT



#  U NITED S TATES OF A MERICA ,

Plaintiff-Appellee,

v. No. 01-4838



# 
T YUANE K ANYATTE F OY ,

Defendant-Appellant. 

# 
Appeal from the United States District Court for the Middle District of North Carolina, at Durham.

William L. Osteen, District Judge.

(CR-01-175) Submitted: January 31, 2003 Decided: February 14, 2003 Before LUTTIG and TRAXLER, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

COUNSELSofie Wonderly Hosford, HOSFORD & HOSFORD, P.L.L.C., Wilmington, North Carolina, for Appellant. Anna Mills Wagoner, United States Attorney, Robert A. J. Lang, Assistant United States Attorney, Winston-Salem, North Carolina, for Appellee.Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

OPINION
PER CURIAM:Tyuane Kanyatte Foy appeals his conviction and 120-month sentence following a jury trial on a single count of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1) (2000). Foywas arrested following a car chase in which the rear passenger discarded a nylon bag containing a firearm. On appeal, Foy claims the district court improperly denied his motions for acquittal as the United States failed to adduce sufficient evidence to prove he had actual or constructive possession of that firearm. For the reasons that follow, we affirm his conviction.This Court reviews a district court’s denial of a motion for judgment of acquittal de novo to ascertain whether the evidence is sufficient for any rational trier of fact to find the essential elements of the crime beyond a reasonable doubt in the light most favorable to the Government. United States v. Romer , 148 F.3d 359, 364 (4th Cir. 1998). In reviewing the sufficiency of the evidence, this court does not weigh the sufficiency of the evidence or assess the credibility of witnesses and must assume the jury resolved all contradictions in favor of the Government. Id.With these standards in mind, we conclude there was sufficient evidence for the jury to find beyond a reasonable doubt that Foy possessed the firearm in question. Testimony at trial indicated Foy, wearing a jacket with white sleeves, was seated behind the driver of the car both before and after the chase and that an arm in a white sleeve discarded the bag from the rear window on the driver’s side. We find this circumstantial evidence sufficient to support the jury’s finding that Foy possessed the firearm. See United States v. Schocket ,753 F.2d 336, 340 (4th Cir. 1985) (discussing possession of narcotics). 2 U NITED S TATES v. F OYAccordingly, we affirm Foy’s conviction. We dispense with oralargument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
AFFIRMED 3 U NITED S TATES v. F OY
#### § 1307.22 Delivery of surrendered and forfeited controlled substances.

Any controlled substance surrendered by delivery to the Administration under part 1317 of this chapter or forfeited pursuant to section 511 of the Act (21 U.S.C. 881) may be delivered to any department, bureau, or other agency of the United States or of any State upon proper application addressed to the Office of Diversion Control, Drug Enforcement Administration. See the Table of DEA Mailing Addresses in § 1321.01 of this chapter for the current mailing address. The application shall show the name, address, and official title of the person or agency to whom the controlled drugs are to be delivered, including the name and quantity of the substances desired and the purpose for which intended. The delivery of such controlled drugs shall be ordered by the Administrator, if, in his opinion, there exists a medical or scientific need therefor.

[75 FR 10678, Mar. 9, 2010, as amended at 79 FR 53565, Sept. 9, 2014]
§ 780.20 Does this part apply to me? This part and, through this part, pertinent portions of the OMB guidance in subparts A through I of 2 CFR part 180 (see table at 2 CFR 180.100(b)) apply to you if you are a— ( a ) Participant or principal in a “covered transaction” (see subpart B of 2 CFR part 180 and the definition of “non-procurement transaction” at 2 CFR 180.970);
( b ) Respondent in a USAID suspension or debarment action;
( c ) USAID debarment or suspension official; and
( d ) USAID grants officer, agreements officer, or other official authorized to enter into any type of non-procurement transaction that is a covered transaction.
§ 111.365 What precautions must you take to prevent contamination? You must take all the necessary precautions during the manufacture of a dietary supplement to prevent contamination of components or dietary supplements. These precautions include: ( a ) Performing manufacturing operations under conditions and controls that protect against the potential for growth of microorganisms and the potential for contamination;
( b ) Washing or cleaning components that contain soil or other contaminants;
( c ) Using water that, at a minimum, complies with the applicable Federal, State, and local requirements and does not contaminate the dietary supplement when the water may become a component of the finished batch of dietary supplement;
( d ) Performing chemical, microbiological, or other testing, as necessary to prevent the use of contaminated components;
( e ) Sterilizing, pasteurizing, freezing, refrigerating, controlling hydrogen-ion concentration (pH), controlling humidity, controlling water activity (aw), or using any other effective means to remove, destroy, or prevent the growth of microorganisms and prevent decomposition;
( f ) Holding components and dietary supplements that can support the rapid growth of microorganisms of public health significance in a manner that prevents the components and dietary supplements from becoming adulterated;
( g ) Identifying and holding any components or dietary supplements, for which a material review and disposition decision is required, in a manner that protects components or dietary supplements that are not under a material review against contamination and mixups with those that are under a material review;
( h ) Performing mechanical manufacturing steps (such as cutting, sorting, inspecting, shredding, drying, grinding, blending, and sifting) by any effective means to protect the dietary supplements against contamination, by, for example: ( 1 ) Cleaning and sanitizing contact surfaces;
( 2 ) Using temperature controls; and
( 3 ) Using time controls.
( i ) Using effective measures to protect against the inclusion of metal or other foreign material in components or dietary supplements, by, for example: ( 1 ) Filters or strainers,
( 2 ) Traps,
( 3 ) Magnets, or
( 4 ) Electronic metal detectors.
( j ) Segregating and identifying all containers for a specific batch of dietary supplements to identify their contents and, when necessary, the phase of manufacturing; and
( k ) Identifying all processing lines and major equipment used during manufacturing to indicate their contents, including the name of the dietary supplement and the specific batch or lot number and, when necessary, the phase of manufacturing.
Fourth Court of Appeals

San Antonio, Texas

January 16, 2020

No. 04-19-00691-CV

CUANTO ANTES MEJOR, LLC and M.E. Phillip,

Appellant

v.

EOG RESOURCES, INC.,

Appellee

From the 81st Judicial District Court, Karnes County, Texas

Trial Court No. 15-12-00277-CVK

Honorable Lynn Ellison, Judge Presiding

O R D E R

Appellee’s partially opposed first motion for an extension of time to file the appellee’s 

brief is granted. We order appellee to file the appellee’s brief by February 19, 2020.

_________________________________

Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 16th day of January, 2020.

___________________________________

Michael A. Cruz,

Clerk of Court
EXHIBIT 31.1

SECTION 302 CERTIFICATION PURSUANT TO SARBANES-OXLEY ACT OF 2002

I, John C. Kleinert, Chief Executive Officer of Velocity Asset Management, Inc.
(the "Company") do hereby certify that:

         1.       I have reviewed this amended quarterly report on Form 10-QSB
of the 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; and

         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
Company as of, and for, the period presented in this report.

         4.       The Company's other certifying officers 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 Company and have:

                  (a) designed such disclosure controls and procedure, or caused
such disclosure controls and procedures to be designed, to ensure that material
information relating to the Company, 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 Company'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 changes in the Company's
internal control over financial reporting that occurred during the company's
most recent fiscal quarter that has materially affected, or is reasonably likely
to materially affect, the Company's internal control over financial reporting;
and

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

                  (a) all significant deficiencies in the design or operation of
internal controls over financial reporting which hare reasonably likely to
adversely affect the Company'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 Company's
internal control over financial reporting.


                                       /s/ JOHN C. KLEINERT
                                       -----------------------------------------
                                       John C. Kleinert
                                       Chief Executive Officer

August __, 2006

                                       30
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 757 Introduced in House (IH)]

<DOC>

115th CONGRESS
  2d Session
H. RES. 757

  Expressing support for the designation of October 17 as ``National 
                       Vitiligo Awareness Day''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 27, 2018

  Mr. Johnson of Georgia (for himself, Mrs. Dingell, Ms. Norton, Ms. 
  Jackson Lee, Ms. Blunt Rochester, Mr. Grijalva, Mr. Bilirakis, Mr. 
 Meeks, and Mr. Ellison) submitted the following resolution; which was 
            referred to the Committee on Energy and Commerce

_______________________________________________________________________

                               RESOLUTION

 
  Expressing support for the designation of October 17 as ``National 
                       Vitiligo Awareness Day''.

Whereas vitiligo is a long-term, chronic disorder that results in the loss of 
        pigment in patches on the skin, hair, eyes, and inside of the mouth;
Whereas the condition can result in discomfort, itching, and pain, but there is 
        still no known cure;
Whereas the American Academy of Dermatology refers to vitiligo as a life-
        altering disorder that can cause low self-esteem, anger, and depression;
Whereas according to the American Academy of Dermatology, about half of the 
        individuals diagnosed with vitiligo are diagnosed before the age of 21;
Whereas a study by Pediatric Dermatology found that about half of all children 
        and adolescents diagnosed with vitiligo experienced a decreased quality 
        of life, and some individuals even experienced problems with schoolwork, 
        increased bullying and teasing, trouble with developing friendships, and 
        self-confidence issues;
Whereas a Yale study found that bullied children are two to nine times more 
        likely to consider suicide, and the CDC reports suicide is the third 
        leading cause of death among young people; and
Whereas Judith Porter, Ph.D., and Ann Beuf, Ph.D., found that social support for 
        children and adolescents with vitiligo provided by families, peers, 
        charities, support groups, and teachers can greatly improve their 
        quality of life and decrease stress related to bullying: Now, therefore, 
        be it
    Resolved, That the House of Representatives--
            (1) supports the designation of ``National Vitiligo 
        Awareness Day''; and
            (2) recognizes the importance of providing support for 
        individuals diagnosed with vitiligo to improve their quality of 
        life.
                                 <all>
```
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 902 Introduced in House (IH)]

<DOC>

115th CONGRESS
  1st Session
                                H. R. 902

To amend title 38, United States Code, to improve the authority of the 
          Secretary of Veterans Affairs to hire psychiatrists.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 7, 2017

 Mr. Cartwright (for himself, Mr. Bishop of Georgia, Ms. Bordallo, Mr. 
 Connolly, Mr. Himes, Ms. Kelly of Illinois, Mr. Loebsack, Mr. Peters, 
  Mr. Rush, Mr. Ryan of Ohio, Mr. Sablan, and Ms. Jenkins of Kansas) 
 introduced the following bill; which was referred to the Committee on 
                           Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
To amend title 38, United States Code, to improve the authority of the 
          Secretary of Veterans Affairs to hire psychiatrists.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Expedited Hiring for VA Trained 
Psychiatrists Act of 2017''.

SEC. 2. APPOINTMENT OF PSYCHIATRISTS BY VETERANS HEALTH ADMINISTRATION.

    (a) In General.--Chapter 74 of title 38, United States Code, is 
amended by inserting after section 7406 the following new section:
``Sec. 7406A. Appointment of certain psychiatrists who complete 
              residencies
    ``(a) In General.--(1) Subject to subsection (b), the Secretary may 
appoint, without regard to civil service or classification laws, a 
psychiatrist who completes a residency under section 7406 of this title 
to a position under section 7401 or 7405 immediately after such 
residency, if the psychiatrist meets the qualifications established in 
regulations prescribed by the Secretary for such position.
    ``(2) The Secretary may begin the process of appointing a 
psychiatrist under paragraph (1) before the psychiatrist completes a 
residency.
    ``(b) Positions Permitted.--The Secretary may appoint a 
psychiatrist under subsection (a) if the position to which the 
psychiatrist is appointed has been unfilled for not less than 35 days 
as of the date of the appointment.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
7406 the following new item:

``7406A. Appointment of certain psychiatrists who complete 
                            residencies.''.
                                 <all>
```
§ 123.9 Records. ( a ) *General requirements.* All records required by this part shall include: ( 1 ) The name and location of the processor or importer;
( 2 ) The date and time of the activity that the record reflects;
( 3 ) The signature or initials of the person performing the operation; and
( 4 ) Where appropriate, the identity of the product and the production code, if any. Processing and other information shall be entered on records at the time that it is observed.
( b ) *Record retention.* ( 1 ) All records required by this part shall be retained at the processing facility or importer's place of business in the United States for at least 1 year after the date they were prepared in the case of refrigerated products and for at least 2 years after the date they were prepared in the case of frozen, preserved, or shelf-stable products.
( 2 ) Records that relate to the general adequacy of equipment or processes being used by a processor, including the results of scientific studies and evaluations, shall be retained at the processing facility or the importer's place of business in the United States for at least 2 years after their applicability to the product being produced at the facility.
( 3 ) If the processing facility is closed for a prolonged period between seasonal packs, or if record storage capacity is limited on a processing vessel or at a remote processing site, the records may be transferred to some other reasonably accessible location at the end of the seasonal pack but shall be immediately returned for official review upon demand.
( c ) *Official review.* All records required by this part and all plans and procedures required by this part shall be available for official review and copying at reasonable times.
( d ) *Public disclosure.* ( 1 ) Subject to the limitations in paragraph (d)(2) of this section, all plans and records required by this part are not available for public disclosure unless they have been previously disclosed to the public as defined in § 20.81 of this chapter or they relate to a product or ingredient that has been abandoned and they no longer represent a trade secret or confidential commercial or financial information as defined in § 20.61 of this chapter.
( 2 ) However, these records and plans may be subject to disclosure to the extent that they are otherwise publicly available, or that disclosure could not reasonably be expected to cause a competitive hardship, such as generic-type HACCP plans that reflect standard industry practices.
( e ) *Tags.* Tags as defined in § 123.3(t) are not subject to the requirements of this section unless they are used to fulfill the requirements of § 123.28(c).
( f ) *Records maintained on computers.* The maintenance of records on computers is acceptable, provided that appropriate controls are implemented to ensure the integrity of the electronic data and signatures.
UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 08-8120

UNITED STATES OF AMERICA, 

 Plaintiff - Appellee, 

 v. 

ANTOINE MARC FRAZIER, a/k/a Hog, 

 Defendant - Appellant. 

Appeal from the United States District Court for the District of 

South Carolina, at Florence. Terry L. Wooten, District Judge. 

(4:03-cr-00658-TLW) 

Submitted: April 23, 2009 Decided: May 1, 2009 

Before MICHAEL, GREGORY, and DUNCAN, Circuit Judges. 

Affirmed by unpublished per curiam opinion. 

Antoine Marc Frazier, Appellant Pro Se. Alfred William Walker 

Bethea, Jr., Assistant United States Attorney, Florence, South 

Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. 
2 

PER CURIAM: 

Antoine Marc Frazier appeals the district court’s 

order denying his motion for modification of sentence pursuant 

to 18 U.S.C. § 3582(c)(2) (2006). Frazier argues that the 

district court erred by failing to reduce his sentence based on 

Amendment 706 of the Guidelines. See U.S. Sentencing Guidelines 

Manual (“USSG”) § 2D1.1(c) (2007 & Supp. 2008); USSG App. C 

Amend. 706. As we recently observed, “Amendment 706 . . . 

amended § 2D1.1 of the Sentencing Guidelines by reducing the 

offense levels associated with crack cocaine quantities by two 

levels.” United States v. Hood, 556 F.3d 226, 232 (4th Cir. 

2009). “Because [Frazier’s] 240-month Guidelines sentence was 

based on a statutory minimum and USSG § 5G1.1(b), it was not 

based on a sentencing range lowered by Amendment 706 . . . .” 

Id. at 233. The fact that the district court reduced Frazier’s 

sentence for substantial assistance under 18 U.S.C. § 3553(e) 

(2006) and Fed. R. Crim. P. 35 is irrelevant to the 

applicability of Amendment 706. Hood, 556 F.3d at 234. 

Accordingly, we affirm the decision of the district court. 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. 

AFFIRMED
#### § 701.2 Applicability.

The requirements established in this part apply to non-Federal entities, non-profit organizations, for-profit entities, and foreign organizations.
118 STAT. 674 PUBLIC LAW 108–240—JUNE 25, 2004

LEGISLATIVE HISTORY—H.R. 2130:

CONGRESSIONAL RECORD:

Vol. 149 (2003): Nov. 18, considered and passed House.

Vol. 150 (2004): June 9, considered and passed Senate.

Æ

Public Law 108–240

108th Congress

An Act

To redesignate the facility of the United States Postal Service located at 121

Kinderkamack Road in River Edge, New Jersey, as the ‘‘New Bridge Landing

Post Office’’.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. REDESIGNATION.

The facility of the United States Postal Service located at

121 Kinderkamack Road in River Edge, New Jersey, and known

as the North Hackensack Station Post Office, shall be known and

designated as the ‘‘New Bridge Landing Post Office’’.

SEC. 2. REFERENCES.

Any reference in a law, map, regulation, document, paper,

or other record of the United States to the facility referred to

in section 1 shall be deemed to be a reference to the ‘‘New Bridge

Landing Post Office’’.

Approved June 25, 2004.

June 25, 2004

[H.R. 2130]