alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH C IR . R. 47.5, the court has determined that

this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED July 14, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-61191 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus LEON ROBINSON, also known as Willie Earl Robinson, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Northern District of Mississippi

USDC No. 4:05-CR-90

-------------------- Before REAVLEY, HIGGINBOTHAM and CLEMENT, Circuit Judges.
PER CURIAM: * Following a jury trial, Leon Robinson was convicted of possessing a firearm in violation of 18 U.S.S. § 922(g)(1) and was sentenced as an armed career criminal. Robinson has appealed his conviction and his 262-month sentence. Robinson argues that the district court erred by admitting into evidence a detachable magazine, bearing Robinson’s fingerprint, which was found with the firearm identified in the indictment. He contends that the magazine should have been excluded from evidence because itsNo. 05-61191 -2- potential to prejudice the jury exceeded its probative value. Robinson further argues that his sentence violates the Sixth Amendment because it is based in part on facts not found by the jury or stipulated to by Robinson. He suggests that his sentence is unreasonable under United States v. Booker , 543 U.S. 220 (2005), because the trial court considered his use of the firearm in the armed robbery as relevant conduct under the United States Sentencing Guidelines. We conclude that the admission of the magazine into evidence was within the broad discretion of the district court. United States v. Wilson , 355 F.3d 358, 361 (5th Cir. 2003). The court instructed the jury that the magazine was not an illegal weapon, and Robinson’s fingerprint on the magazine is probative of the fact that Robinson possessed the firearm. Id. The district court’s consideration of Robinson’s relevant conduct in determining the appropriate guidelines sentencing range did not violate the Sixth Amendment. United States v. Alonzo , 435 F.3d 551, 553 (5th Cir. 2006); United States v. Johnson , 445 F.3d 793, 798 (5th Cir.), cert. denied , ___ S. Ct. ___, 2006 WL 1584471 (2006) (No. 05-10908). Robinson’s sentence, which is at the bottom of the properly calculated advisory sentencing guidelines range, is not unreasonable and, accordingly, it is affirmed. Alonzo , 435 F.3d at 554-55; Johnson , 445 F.3d at 797-98.
AFFIRMED.
§ 3187.9 Rejection of an application. ( a ) The Director rejects an application if: ( 1 ) The applicant is not eligible;
( 2 ) The applicant fails to comply with procedural rules that govern the submission of the application;
( 3 ) The application does not contain the information required;
( 4 ) The application cannot be funded under the authorizing statute or implementing regulations.
( b ) If the Director rejects an application under this section, the Director informs the applicant and explains why the application was rejected.
[Federal Register Volume 75, Number 34 (Monday, February 22, 2010)]
[Notices]
[Page 7598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3336]


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

FEDERAL RESERVE SYSTEM


Change in Bank Control Notices; Acquisition of Shares of Bank or 
Bank Holding Companies

    The notificants listed below have applied under the Change in Bank 
Control Act (12 U.S.C. 1817(j)) and Sec. [thinsp]225.41 of the Board's 
Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. 
The factors that are considered in acting on the notices are set forth 
in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).
    The notices are available for immediate inspection at the Federal 
Reserve Bank indicated. The notices also will be available for 
inspection at the office of the Board of Governors. Interested persons 
may express their views in writing to the Reserve Bank indicated for 
that notice or to the offices of the Board of Governors. Comments must 
be received not later than March 9, 2010.
    A. Federal Reserve Bank of Philadelphia (Michael E. Collins, Senior 
Vice President) 100 North 6th Street, Philadelphia, Pennsylvania 19105-
1521:
    1. Allen E. Ertel and Catharine K. Ertel, both of Montoursville 
Pennsylvania; Edward Ertel, Washington, D.C.; Amy Etrel, Jersey City, 
New Jersey; and Firetree, Ltd, Williamsport, Pennsylvania; to retain 
voting shares of Woodlands Financial Services Company, and thereby 
indirectly retain voting shares of Woodlands Bank, both of 
Williamsport, Pennsylvania.

    Board of Governors of the Federal Reserve System, February 17, 
2010.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. 2010-3336 Filed 2-19-10; 8:45 am]
BILLING CODE 6210-01-S
H. Res. 619 

In the House of Representatives, U. S., 

November 15, 2017. 

Resolved, That upon adoption of this resolution it shall 

be in order to consider in the House the bill (H.R. 1) to provide for reconciliation pursuant to title II of the concurrent 

resolution on the budget for fiscal year 2018. All points of 

order against consideration of the bill are waived. In lieu of 

the amendment in the nature of a substitute recommended by 

the Committee on Ways and Means now printed in the bill, 

an amendment in the nature of a substitute consisting of the 

text of Rules Committee Print 115–39 shall be considered as 

adopted. The bill, as amended, shall be considered as read. 

All points of order against provisions in the bill, as amended, 

are waived. The previous question shall be considered as ordered on the bill, as amended, and on any further amendment 

thereto, to final passage without intervening motion except: 

(1) four hours of debate equally divided and controlled by the 

chair and ranking minority member of the Committee on 

Ways and Means; and (2) one motion to recommit with or 
2 

•HRES 619 EH 

without instructions. Clause 5(b) of rule XXI shall not apply 

to the bill or amendments thereto. 

SEC. 2. Upon passage of H.R. 1, the amendment to the 

title of such bill recommended by the Committee on Ways 

and Means now printed in the bill shall be considered as 

adopted. 

SEC. 3. On any legislative day during the period from 

November 17, 2017, through November 27, 2017— 

(a) the Journal of the proceedings of the previous day 

shall be considered as approved; and 

(b) the Chair may at any time declare the House adjourned to meet at a date and time, within the limits of 

clause 4, section 5, article I of the Constitution, to be announced by the Chair in declaring the adjournment. 

SEC. 4. The Speaker may appoint Members to perform 

the duties of the Chair for the duration of the period addressed by section 3 of this resolution as though under clause 

8(a) of rule I. 

Attest: 

Clerk.
EX. 10.4A


                               AMENDMENT TO LEASE


          That certain lease, dated September 20, 1988 (the "Lease"), between
ADDWIN REALTY ASSOCIATES, a New York general partnership (hereinafter referred
to as the "Landlord") and CONTINENTAL DYNAMICS CORPORATION, a New York
corporation (hereinafter referred to as the "Tenant") with respect to premises
located at 11 Harbor Park Drive, Port Washington, New York, is hereby amended as
follows:

         1.       Section 1.03 of the Lease is amended such that the "Expiration
                  Date" of the Lease is defined as December 31, 2007.

         2.       Except as herein modified, all of the terms of the Lease shall
                  remain in full force and effect.


Dated:  March 22, 1999

                                      ADDWIN REALTY ASSOCIATES

                                      By: /S/ RICHARD LEEDS
                                         ---------------------------


                                      CONTINENTAL DYNAMIC CORPORATION


                                      By: /S/ RICHARD LEEDS
                                         ----------------------------
Editorial Note on Part 180
Editorial Note: Nomenclature changes to part 180 appear at 79 FR 75879, Dec. 19, 2014.

§ 180.400 May I enter into a transaction with an excluded or disqualified person? ( a ) You as a Federal agency official may not enter into a covered transaction with an excluded person unless you obtain an exception under § 180.135.
( b ) You may not enter into any transaction with a person who is disqualified from that transaction, unless you obtain a waiver or exception under the statute, Executive order, or regulation that is the basis for the person's disqualification.
From: Susan Miller [ mailto:SMiller@bia.org ]

Sent: Wednesday, May 27, 2015 2:36 PM

To: Nizich, Sharon

Cc: Paul Regina

Subject: RE: Green brick mercury data

Yes

- I am sorry about the level of detail, but it is complicated. When mercury first became an issue

for us, we were at our lowest financial point in a long time, maybe ever. Our focus was on formed

green brick. Rarely do we use only material from one m ine to make a product, but the research to

determine the right combination of materials can take months...or more. You should be getting the

Boral info today

- and should have the Glen Gery as well.

We are continuing to look over the PM and mercury info

- and are hearing that even just the PM

limits could be impossible for most/many of our uncontrolled kilns

- and that their only real

alternative is a DIFF as a FF alone will degrade from even trace gaseous HAP. Working on some

possible approaches on that

- a nd listing a few concerns. Thanks for continuing to be open to

discussions! And please let me know if you need any more information.

sus

Susan Miller

919 380

- 2191

smiller@bia.org

When you talk, you are only repe ating what you already know; but when you listen, you may learn

something new.

- Dalai Lama

----- Original Message

-----

From: Nizich, Sharon [ mailto:Nizich.Sharon@epa.gov ]

Sent: Tuesday, May 26, 2015 1:49 PM

To: Susan Miller; Raymond, Gabrielle

Cc: Kristin Sroka; Tom Holloway

Subject: RE: Green brick mercury data

I think we have all the info now

- we were hoping to get clay formation info but I do not think we

received that.

Sharon Nizich

US EPA

Office of Air Quality Planning and Standards Sector Policies and Programs Division/SPPD RTP NC

27711

(919) 541 2825----- Original Message

-----

From: Susan Miller [ mailto:SMiller@bia.org ]

Sent: Friday, May 22, 2015 1 0:11 AM

To: Raymond, Gabrielle

Cc: Nizich, Sharon

Subject: RE: Green brick mercury data

Who have you heard from and who are you waiting for

- on information on the raw material? I will

help nudge them from this end.

Thanks

sus

Susan Miller

919 380

- 219 1

smiller@bia.org

When you talk, you are only repeating what you already know; but when you listen, you may learn

something new.

- Dalai Lama
N OTE : This order is nonprecedential

. 

# United States **Court of Appeals**  **for the Federal Circuit**

______________________

MATTIE LOMAX, Plaintiff

- Appellant

v.

WAL

- MART STORES EAST, MARIE ELENA CASTILLO, JESSY FAIR, CARLOS ESPINOSA, SIGFREDO GOMEZ, Defendants

- Appellees

______________________

2023

- 1734

______________________

Appeal from the United States District Court for the
Southern District of Florida in No. 1:09

- cv

- 20901

- CMA, Judge Cecilia M. Altonaga.

______________________

ON MOTION

______________________

P ER C URIAM

.
O R D E R

Mattie Lomax moves to waive Public Access to Court Electronic Records (PACER) fees , ECF No. 6

. Having considered Ms. Lomax’s response to this court’s May 22, 2023, order to show cause, we dismiss and deny her motion. Case: 23-1734 Document: 8 Page: 1 Filed: 08/22/2023LOMAX v. WAL

- MART STORES EAST 2

“[T]he timely filing of a notice of appeal in a civil case is a jurisdictional requirement,” Bowles v. Russell , 551 U.S. 205, 214 (2 007), and, in order to be timely, a notice of appeal must generally be filed within 30 days after entry of final judgment, 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A). Here, Ms. Lomax filed her notice of appeal more than 12 years after the district co urt order she seeks to appeal . At least because of this untimeliness, we lack jurisdiction over the appeal, and we cannot transfer under

28 U.S.C. § 1631 because the appeal would not be timely in any other court of appeals.

We note that in the past thr ee months, this court has

dismissed at least three other appeals by Ms. Lomax for

similar untimeliness. See Lomax v. Miami Police Dep’t , No.

2023

- 1504, slip op. at 1

– 2 (Fed. Cir. May 18, 2023) (ten years late); Lomax v. Cap

. Rental Agency, Inc. , No. 2023

- 1458, slip op. at 2 (Fed. Cir. June 8, 2023) (13 years late);

Lomax v. Montaldo , No. 2023

- 1456, slip op. at 2 (Fed. Cir. June 13, 2023) (three years late). Ms. Lomax is now well aware of the jurisdictional timeliness requirements and is

warned that contin uing to file such appeals, or prosecutingsuch appeals already filed, may constitute abuse of the judicial process warranting sanctions.

Accordingly

,

I T I S O RDERED T HAT :

(1) T he appeal is dismissed.

(2) The motion to waive PACER fees is denied.

(3) Each side shall bear its own costs.

August 22 , 2023

D ate F OR THE C OURT

/s/ Jarrett B. Perlow

Jarrett B. Perlow
Clerk of Court Case: 23-1734 Document: 8 Page: 2 Filed: 08/22/2023
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Housing and Urban Development

          - [Docket No. FR-5477-N-01]

# AGENCY:

Office of the Assistant Secretary for Community Planning and Development, HUD.

# ACTION:

Notice.

# SUMMARY:

This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless.

# FOR FURTHER INFORMATION CONTACT:

Juanita Perry, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 7262, Washington, DC 20410; telephone (202) 708-1234; TTY number for the hearing- and speech-impaired (202) 708-2565, (these telephone numbers are not toll-free), or call the toll-free Title V information line at 800-927-7588.

# SUPPLEMENTARY INFORMATION:

                    In accordance with the December 12, 1988 court order in                     *National Coalition for the Homeless*                     v.                     *Veterans Administration,*                     No. 88-2503-OG (D.D.C.), HUD publishes a Notice, on a weekly basis, identifying unutilized, underutilized, excess and surplus Federal buildings and real property that HUD has reviewed for suitability for use to assist the homeless. Today's Notice is for the purpose of announcing that no additional properties have been determined suitable or unsuitable this week.                

Dated: December 28, 2010.

Mark R. Johnston,

Deputy Assistant Secretary for Special Needs.

[FR Doc. 2010-33104 Filed 1-6-11; 8:45 am]

BILLING CODE 4210-67-P
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JUL-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                          86,788
<INT-BEARING-DEPOSITS>                             507
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                  1,153,552
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                      2,208,361
<ALLOWANCE>                                     35,129
<TOTAL-ASSETS>                               4,100,104
<DEPOSITS>                                   2,130,099
<SHORT-TERM>                                   712,349
<LIABILITIES-OTHER>                            599,641
<LONG-TERM>                                    324,992
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        26,397
<OTHER-SE>                                     306,626
<TOTAL-LIABILITIES-AND-EQUITY>               4,100,104
<INTEREST-LOAN>                                138,594
<INTEREST-INVEST>                               54,131
<INTEREST-OTHER>                                 6,337
<INTEREST-TOTAL>                               199,062
<INTEREST-DEPOSIT>                              80,869
<INTEREST-EXPENSE>                             119,762
<INTEREST-INCOME-NET>                           79,300
<LOAN-LOSSES>                                   11,137
<SECURITIES-GAINS>                               2,259
<EXPENSE-OTHER>                                191,194
<INCOME-PRETAX>                                (30,547)
<INCOME-PRE-EXTRAORDINARY>                     (30,547)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (15,459)
<EPS-PRIMARY>                                    (0.59)
<EPS-DILUTED>                                    (0.59)
<YIELD-ACTUAL>                                    3.35
<LOANS-NON>                                     13,142
<LOANS-PAST>                                     2,061
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                33,834
<CHARGE-OFFS>                                   13,078
<RECOVERIES>                                     3,236
<ALLOWANCE-CLOSE>                               35,129
<ALLOWANCE-DOMESTIC>                            35,129
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
IV 

115TH CONGRESS 

2D SESSION H. RES. 701 

Expressing the sense of the House of Representatives that with respect 

to any study required to be conducted by the Federal Communications 

Commission, or any entity regulated by the Commission under the Federal Communications Act of 1934, under the National Environmental 

Policy Act of 1969 or division A of subtitle III of title 54, United 

States Code (formerly known as the National Historic Preservation Act), 

for the provision of broadband infrastructure, the area to be studied 

should be limited to the area of impact. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 18, 2018 

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

Committee on Energy and Commerce, and in addition to the Committee 

on Natural Resources, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

RESOLUTION 

Expressing the sense of the House of Representatives that 

with respect to any study required to be conducted by 

the Federal Communications Commission, or any entity 

regulated by the Commission under the Federal Communications Act of 1934, under the National Environmental 

Policy Act of 1969 or division A of subtitle III of title 

54, United States Code (formerly known as the National 

Historic Preservation Act), for the provision of 

broadband infrastructure, the area to be studied should 

be limited to the area of impact. 


lotter on DSKBCFDHB2PROD with BILLS
2 

•HRES 701 IH 

Whereas environmental and historic reviews for broadband 

infrastructure cover larger swaths of land than needed to 

provision broadband service and networks; 

Whereas environmental and historic reviews add significant 

time and costs to the deployment of broadband networks; 

Whereas overbroad environmental and historic reviews create 

permitting delays and unnecessarily burden Federal land 

management agency resources; 

Whereas making environmental and historic reviews proportional to the amount of Federal lands occupied for 

broadband deployment will benefit agency permit issuers 

by proportionally reducing applications and streamlining 

permit review process time; and 

Whereas environmental and historic reviews should be narrowly tailored to lands that are physically impacted: Now, 

therefore, be it 

1 Resolved, That it is the sense of the House of Rep2 resentatives that with respect to any study required to be 

3 conducted by the Federal Communications Commission, or 

4 any entity regulated by the Commission under the Federal 

5 Communications Act of 1934 (47 U.S.C. 151 et seq.), 

6 under the National Environmental Policy Act of 1969 (42 

7 U.S.C. 4321 et seq.) or division A of subtitle III of title 

8 54, United States Code (formerly known as the National 

9 Historic Preservation Act), for the provision of broadband 

10 infrastructure, the area to be studied should be limited 

11 to the area of impact. 

Æ 


lotter on DSKBCFDHB2PROD with BILLS
II 

109TH CONGRESS 

1ST SESSION S. 1102 

To extend the aviation war risk insurance program for 3 years. 

IN THE SENATE OF THE UNITED STATES 

MAY 23, 2005 

Mr. ROCKEFELLER (for himself and Mr. BURNS) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To extend the aviation war risk insurance program for 3 

years. 

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

3 SECTION 1. EXTENSION OF AIRLINE WAR RISK POLICIES 

4 AND TERRORISM COVERAGE. 

5 (a) EXTENSION OF POLICIES.—Section 44302(f) of 

6 title 49, United States Code, is amended by striking ‘‘Au7 gust 31, 2005, and shall extend through December 31, 

8 2005,’’ in paragraph (1) and inserting ‘‘August 31, 2008, 

9 and shall extend through December 31, 2008,’’. 
2 

•S 1102 IS 

1 (b) EXTENSION OF TERRORISM COVERAGE.—Section 

2 44303(b) of title 49, United States Code, is amended by 

3 striking ‘‘December 31, 2005,’’ and inserting ‘‘December 

4 31, 2008,’’. 

Æ