alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 23-3149

___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Jason William Ballou

lllllllllllllllllllllDefendant - Appellant

 ____________

Appeal from United States District Court 

for the Northern District of Iowa

 ____________

 Submitted: April 16, 2024

Filed: April 19, 2024

[Unpublished]

____________

Before BENTON, GRASZ, and STRAS, Circuit Judges. 

____________

PER CURIAM.

Jason Ballou appeals after he pled guilty to a firearm offense and the district

court1

 imposed a sentence within the United States Sentencing Guidelines Manual

1The Honorable Leonard T. Strand, then Chief Judge, now United States

District Judge for the Northern District of Iowa.
range. His counsel has filed a brief under Anders v. California, 386 U.S. 738 (1967),

and seeks leave to withdraw.

After careful independent review under Penson v. Ohio, 488 U.S. 75 (1988),

we find no basis for a nonfrivolous challenge to Ballou’s conviction, and we also

conclude the district court did not abuse its discretion in sentencing Ballou. 

See United States v. Feemster, 572 F.3d 455, 461-62 (8th Cir. 2009) (en banc)

(standard of review); see also United States v. Callaway, 762 F.3d 754, 760-61 (8th

Cir. 2014) (“A sentence which falls within the guideline range is presumed to be

reasonable[.]”) Accordingly, we grant counsel leave to withdraw and affirm.

______________________________

-2-
Exhibit 99.1

# CERTIFICATION PURSUANT
TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly
Report of Williams Controls, Inc (the Company) on Form 10-Q for the period
ended March 31, 2003 as filed with the Securities and Exchange Commission on the date
hereof (the Report), I, R. Eugene Goodson, Chairman of the Board and Chief
Executive Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350, as adopted
pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that:

| | (1) | The Report fully complies with the requirements of section 13(a) or 15(d) of the
               Securities Exchange Act of 1934; and
| | --- | ------------------------------------------------------------------------------------------------------------------------------------

| | (2) | The information contained in the Report fairly presents, in all material
               respects, the financial condition and result of operations of the Company.
| | --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------

/s/ R. EUGENE GOODSONR. Eugene GoodsonChief
Executive OfficerWilliams Controls, Inc
May 14, 2003
Editorial Note on Part 874
Editorial Note: Nomenclature changes to part 874 appear at 73 FR 35341, June 23, 2008.

§ 874.1070 Short increment sensitivity index (SISI) adapter. ( a ) *Identification.* A short increment sensitivity index (SISI) adapter is a device used with an audiometer in diagnostic hearing evaluations. A SISI adapter provides short periodic sound pulses in specific small decibel increments that are intended to be superimposed on the audiometer's output tone frequency.
( b ) *Classification.* Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to § 874.9.
[55 FR 48440, Nov. 20, 1990, as amended at 65 FR 2315, Jan. 14, 2000]
Pursuant to Ind. Appellate Rule 65(D), this

Memorandum Decision shall not be

regarded as precedent or cited before any

court except for the purpose of establishing

the defense of res judicata, collateral

estoppel, or the law of the case.

ATTORNEY FOR APPELLANT : ATTORNEYS FOR APPELLEE :

JEFFREY E. STRATMAN GREGORY F. ZOELLER

Aurora, Indiana Attorney General of Indiana

J.T. WHITEHEAD

Deputy Attorney General

Indianapolis, Indiana



## IN THE

COURT OF APPEALS OF INDIANA

B.C., )

)

Appellant

- Respondent, )

)

vs. ) No. 15A01

- 1202

- JV

- 68

)

STATE OF INDIANA, )

)

Appellee

- Petitioner

. )

APPEAL FROM THE DEARBORN CIRCUIT COURT

The Honorable James D. Humphrey , Judge

Cause No. 15C01

- 0805

- JD

- 102 and 15C01

- 0806

- JD

- 103

August 31 , 2012

MEMORANDUM DECISION

- NOT FOR PUBLICATION

KIRSCH, Judge2



### B.C. appeals the trial court’s order requiring him to register as a sex offender

contending that the order was premature and was not supported by clear and convincing

evidence. The State concedes that the order is premature and should be vacated. A sex

offender registry hearing for a juvenile may be conducted only after the juvenile has been

released from a juvenile detention facility or discharged from a secure private facilit y. B.W

.

v. State , 909 N.E.2d 471 , 477 (Ind. Ct. App. 2009). Here, the trial court ordered B.C. placed

in Wernle Children’s facility, a secure private facility. He has not been released from the

facility, and the trial court order is premature. We vacat e the trial court’s registration order

and remand with instructions.

Vacated and remanded.

NAJAM, J., and MAY, J., concur.
Editorial Note on Part 870
Editorial Note: Nomenclature changes to part 870 appear at 73 FR 35341, June 23, 2008.

§ 870.4320 Cardiopulmonary bypass pulsatile flow generator. ( a ) *Identification.* A cardiopulmonary bypass pulsatile flow generator is an electrically and pneumatically operated device used to create pulsatile blood flow. The device is placed in a cardiopulmonary bypass circuit downstream from the oxygenator.
( b ) *Classification.* Class III (premarket approval).
( c ) Date PMA or notice of completion of PDP is required. A PMA or notice of completion of a PDP is required to be filed with the Food and Drug Administration on or before September 21, 2004, for any cardiopulmonary bypass pulsatile flow generator that was in commercial distribution before May 28, 1976, or that has, on or before September 21, 2004, been found to be substantially equivalent to any cardiopulmonary bypass pulsatile flow generator that was in commercial distribution before May 28, 1976. Any other cardiopulmonary bypass pulsatile flow generator shall have an approved PMA or declared completed PDP in effect before being placed in commercial distribution.
[45 FR 7907, Feb. 5, 1980, as amended at 52 FR 17737, May 11, 1987; 69 FR 34920, June 23, 2004]
Editorial Note on Part 1
Editorial Note: IRS redesignated the following sections to appear below the undesignated center heading “Regulations Applicable to Certain Bonds Sold Prior to July 8, 1997” and preceding the undesignated center heading “Deductions for Personal Exemptions.” See 62 FR 25507 and 25513, May 9, 1997 for the specific sections involved in the redesignation.

§ 1.402(g)(3)-1 Employer contributions to purchase a section 403(b) contract under a salary reduction agreement. ( a ) *General rule.* With respect to an annuity contract under section 403(b), except as provided in paragraph (b) of this section, an elective deferral means an employer contribution to purchase an annuity contract under section 403(b) under a salary reduction agreement within the meaning of section 3121(a)(5)(D).
( b ) *Special rule.* Notwithstanding paragraph (a) of this section, for purposes of section 403(b), an elective deferral only includes a contribution that is made pursuant to a cash or deferred election (as defined at § 1.401(k)-1(a)(3)). Thus, for purposes of section 402(g)(3)(C), an elective deferral does not include a contribution that is made pursuant to an employee's one-time irrevocable election made on or before the employee's first becoming eligible to participate under the employer's plans or a contribution made as a condition of employment that reduces the employee's compensation.
( c ) *Applicable date.* This section is applicable for taxable years beginning after December 31, 2008.
[T.D. 9340, 72 FR 41140, July 26, 2007]
# C_2014282EN.01005201.xml

| 25.8.2014 | EN | Official Journal of the European Union | C 282/52 |
| --- | --- | --- | --- |

25.8.2014

EN

Official Journal of the European Union

C 282/52

---

Action brought on 30 June 2014 — La Perla v OHIM — Alva Management (LA PERLA)

(Case T-492/14)

2014/C 282/68

Language in which the application was lodged: English

Parties

Parties

Applicant: La Perla sp. z o.o. (Warsaw, Poland) (represented by: M. Siciarek, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal: Alva Management GmbH (Icking, Germany)

Other party to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 28 April 2014 given in Case R 626/2013-4; |
| --- | --- |

—

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 28 April 2014 given in Case R 626/2013-4;

| — | Order the defendant and the other party, should it intervene, to pay the costs of proceedings. |
| --- | --- |

—

Order the defendant and the other party, should it intervene, to pay the costs of proceedings.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Applicant for a Community trade mark:

Community trade mark concerned: The word mark ‘LA PERLA’ for goods and services in Classes 5 and 44 — Community trade mark application No 9 8 54  225

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited in opposition: The word mark ‘PERLAMAR’ registered as Community and national trade mark

Mark or sign cited in opposition:

Decision of the Opposition Division: Upheld the opposition partially

Decision of the Opposition Division:

Decision of the Board of Appeal: Annulled the contested decision in part

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 8(1)(b) CTMR.

Pleas in law:

---
§ 1.1502-23A Consolidated net section 1231 gain or loss generally applicable for consolidated return years beginning before January 1, 1997. ( a ) The consolidated section 1231 net gain or loss for the taxable year shall be determined by taking into account the aggregate of the gains and losses to which section 1231 applies of the members of the group for the consolidated return year. Section 1231 gains and losses on intercompany transactions shall be reflected as provided in § 1.1502-13. Section 1231 losses that are “built-in deductions” shall be subject to the limitations of §§ 1.1502-21A(c) and 1.1502-22A(c), as provided in § 1.1502-15A(a) (or § 1.1502-21T(c) in effect prior to June 25, 1999, as contained in 26 CFR part 1 revised April 1, 1999, and 1.1502-22T(c) in effect prior to June 25, 1999, as contained in 26 CFR part 1 revised April 1, 1999, as provided in 1.1502-15T(a) in effect prior to June 25, 1999, as contained in 26 CFR part 1 revised April 1, 1999) or (1.1502-21(c) and 1.1502-22(c), as provided in 1.1502-15(a), as applicable), as appropriate).
( b ) *Effective date.* This section applies to any consolidated return years to which § 1.1502-21(h) or 1.1502-21T(g) in effect prior to June 25, 1999, as contained in 26 CFR part 1 revised April 1, 1999, as applicable does not apply. See § 1.1502-21(h) or 1.1502-21T(g) in effect prior to June 25, 1999, as contained in 26 CFR part 1 revised April 1, 1999, as applicable for effective dates of these sections.
[T.D. 7246, 38 FR 763, Jan. 4, 1973, as amended by T.D. 8677, 33323, June 27, 1996. Redesignated and amended by T.D. 8677, 61 FR 33334, June 27, 1996; T.D. 8823, 64 FR 36099, July 2, 1999]
I 

118TH CONGRESS 

2D SESSION H. R. 8066 

To require a report on the United States supply of nitrocellulose. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 18, 2024 

Mr. EMMER (for himself, Mr. STAUBER, Mrs. FISCHBACH, Mr. FINSTAD, Mr. 

CRAWFORD, and Mr. WESTERMAN) introduced the following bill; which 

was referred to the Committee on Armed Services 

A BILL 

To require a report on the United States supply of 

nitrocellulose. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ammunition Supply 

5 Chain Act’’. 

6 SEC. 2. REPORT ON UNITED STATES SUPPLY OF NITRO7 CELLULOSE. 

8 (a) FINDINGS.—Congress makes the following find9 ings: 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•HR 8066 IH

1 (1) Congress remains concerned about the do2 mestic supply and production of nitrocellulose. 

3 (2) Any failure or supply shortage could restrict 

4 ammunition manufacturing for large and small cali5 bers, harming the commercial marketplace and plac6 ing the war fighters at risk. 

7 (b) REPORT.— 

8 (1) IN GENERAL.—Not later than 180 days 

9 after the date of the enactment of this Act, the Sec10 retary of the Army shall submit to Congress a report 

11 on the United States supply chain for smokeless 

12 gunpowder, including nitrocellulose, nitroglycerin, 

13 and acid production, essential to ammunition manu14 facturing. 

15 (2) SCOPE.—The report required under para16 graph (1) should address the following topics: 

17 (A) Improving the sourcing of smokeless 

18 gunpowder necessary for the production of am19 munition, including nitrocellulose, nitroglycerin, 

20 and acid production. 

21 (B) Protecting against single points of fail22 ure across ammunition supply chain facilities, 

23 including primary and secondary locations. 

24 (C) Reducing the risk of disruptions 

25 caused by global demand for ammunition and 


ssavage on LAPJG3WLY3PROD with BILLS
3 

•HR 8066 IH

1 ammunition smokeless powder across commer2 cial and non-commercial markets. 

3 (D) Utilizing the private and commercial 

4 sector’s sourcing, manufacturing, and produc5 tion capacity and expertise to the greatest ex6 tent practicable to broaden points of production 

7 and private sector investment. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS
§ 1.1502-98 Coordination with sections 383 and 163(j). ( a ) *Coordination with section 383.* The rules contained in §§ 1.1502-91 through 1.1502-96 also apply for purposes of section 383, with appropriate adjustments to reflect that section 383 applies to credits and net capital losses. For example, subgroups with respect to the carryover of general business credits, minimum tax credits, unused foreign tax, and net capital loss are determined by applying the principles of § 1.1502-91(d)(1). Similarly, in the case of net capital losses, general business credits, and excess foreign taxes that are pre-change attributes, § 1.383-1 applies the principles of §§ 1.1502-91 through 1.1502-96. For example, if a loss group has an ownership change under § 1.1502-92 and has a carryover of unused general business credits from a pre-change consolidated return year to a post-change consolidated return year, the amount of the group's regular tax liability for the post-change year that can be offset by the carryover cannot exceed the consolidated section 383 credit limitation for that post-change year, determined by applying the principles of §§ 1.383-1(c)(6) and 1.1502-93 (relating to the computation of the consolidated section 382 limitation).
( b ) *Application to section 163(j)* — ( 1 ) *In general.* The regulations in this part under sections 163(j), 382, and 383 of the Code contain rules governing the application of section 382 to interest expense governed by section 163(j) and the regulations in this part under section 163(j) of the Code. See, for example, §§ 1.163(j)-11(c), 1.382-2, 1.382-6, 1.382-7, and 1.383-1. The rules contained in §§ 1.1502-91 through 1.1502-96 apply these rules to members of a consolidated group, or corporations that join or leave a consolidated group, with appropriate adjustments. For example, for purposes of §§ 1.1502-91 through 1.1502-96, the term *loss group* includes a consolidated group in which any member is entitled to use a disallowed business interest expense carryforward, as defined in § 1.163(j)-1(b)(11), that did not arise, and is not treated as arising, in a SRLY with regard to that group. Additionally, a reference to net operating loss carryovers in §§ 1.1502-91 through 1.1502-96 generally includes a reference to disallowed business interest expense carryforwards. References to a loss or losses in §§ 1.1502-91 through 1.1502-96 include references to disallowed business interest expense carryforwards or section 382 disallowed business interest carryforwards, within the meaning of § 1.382-2(a)(7), as appropriate.
( 2 ) *Appropriate adjustments.* For purposes of applying the rules in §§ 1.1502-91 through 1.1502-96 to current-year business interest expense (as defined in § 1.163(j)-1(b)(9)), disallowed business interest expense carryforwards, and section 382 disallowed business interest carryforwards, appropriate adjustments are required.
[T.D. 8824, 64 FR 36174, July 2, 1999, as amended by T.D. 8884, 65 FR 33760, May 25, 2000; T.D. 9905, 85 FR 56844, Sept. 14, 2020]
# C_2014151EN.01003401.xml

| 19.5.2014 | EN | Official Journal of the European Union | C 151/34 |
| --- | --- | --- | --- |

19.5.2014

EN

Official Journal of the European Union

C 151/34

---

Action brought on 31 March 2014 — Bopp v OHIM (Representation of an octagonal green frame)

(Case T-209/14)

2014/C 151/44

Language of the case: German

Parties

Parties

Applicant: Carsten Bopp (Glashütten, Germany) (represented by C. Russ, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 January 2014 in Case R 1276/2013-1 |
| --- | --- |

—

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 January 2014 in Case R 1276/2013-1

Pleas in law and main arguments

Pleas in law and main arguments

Community trade mark concerned: the figurative mark representing an octagonal green frame for services in Class 35 — application No 8 248 965

Community trade mark concerned:

Decision of the Examiner: the application was rejected

Decision of the Examiner:

Decision of the Board of Appeal: the appeal was dismissed

Decision of the Board of Appeal:

Pleas in law:

Pleas in law:

| — | Infringement of Article 65(6) of Regulation No 207/2009 |
| --- | --- |

—

Infringement of Article 65(6) of Regulation No 207/2009

| — | Infringement of Article 7(1)(b) of Regulation No 207/2009 |
| --- | --- |

—

Infringement of Article 7(1)(b) of Regulation No 207/2009

---
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7982 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 7982

  To amend the Immigration and Nationality Act to provide F visas and 
 employment authorization for international student athletes who enter 
   into endorsement contracts for the commercial use of their names, 
                        images, and likenesses.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 15, 2024

Mr. Flood (for himself and Mrs. Foushee) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
  To amend the Immigration and Nationality Act to provide F visas and 
 employment authorization for international student athletes who enter 
   into endorsement contracts for the commercial use of their names, 
                        images, and likenesses.

    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 ``Name, Image, and Likeness for 
International Collegiate Athletes Act''.

SEC. 2. F VISAS AND EMPLOYMENT AUTHORIZATION FOR INTERNATIONAL STUDENT 
              ATHLETES.

    (a) F Visa Category.--Section 101(a)(15)(F) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(F)) is amended--
            (1) in clause (ii), by striking ``and'' at the end; and
            (2) in clause (iii), by striking the semicolon at the end 
        and inserting ``, and (iv) an alien who is or will become a 
        student athlete upon enrollment at an institution of higher 
        education (as defined in section 101 of the Higher Education 
        Act of 1965 (20 U.S.C. 1001)) and who intends to enter into an 
        endorsement contract for the purpose of earning compensation 
        for the commercial use of the alien's name, image, or 
        likeness;''.
    (b) Employment Authorization.--Section 214(m) of Immigration and 
Nationality Act (8 U.S.C. 1184(m)) is amended by adding at the end the 
following:
    ``(3)(A) A nonimmigrant who obtains the status of a nonimmigrant 
under clause (iv) of section 101(a)(15)(F) shall be eligible for 
employment authorization for the purpose of engaging in activities 
pursuant to an endorsement contract for the commercial use of the 
nonimmigrant's name, image, or likeness.
    ``(B) The Secretary of Homeland Security may seek to engage the 
designated school official of the institution of higher education at 
which such a nonimmigrant is enrolled in oversight of the employment 
activity of the nonimmigrant for the purpose of ensuring compliance 
with this paragraph.''.
                                 <all>
```