alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. Otoniel Alvarez MERCADO, a/k/a Otoniel Alvarez, Defendant-Appellant.

No. 01-8082.

United States Court of Appeals, Fourth Circuit.

Submitted June 11, 2002.

Decided June 21, 2002.

Otoniel Alvarez Mercado, Appellant Pro Se. Robert James Conrad, Jr., United States Attorney, Charlotte, North Carolina, for Appellee.

*699Before NIEMEYER and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed as modified by unpublished PER CURIAM opinion.

PER CURIAM.

In February 1999, while already serving a related state sentence, Otoniel Alvarez Mercado was sentenced in federal court to eighty-four months imprisonment after he pled guilty to conspiracy to possess with intent to distribute and to distribute cocaine and marijuana. On September 21, 2001, Mercado filed a “Nunc Pro Tunc” motion seeking jail credit on his federal sentence for the time spent in state custody on the related conviction. The district court denied the motion on the merits, and Mercado appealed.

We view Mercado’s motion as a request for habeas relief under 28 U.S.C. § 2241 (1994) filed in the wrong district court (Mercado is incarcerated in Jesup, Georgia) and without exhausting the Bureau of Prisons’ administrative remedies. We therefore affirm the district court’s dismissal of Mercado’s motion, but we modify the district court’s order to reflect a dismissal without prejudice for failure to exhaust administrative remedies, rather than a dismissal based on the merits. We expressly decline to address the merit or lack thereof of Mercado’s motion, so that Mercado remains free to file a § 2241 petition in the proper court after exhausting his administrative remedies.

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 AS MODIFIED.*
§ 34.706 Reports—Centers of Excellence Research Grants Program. Each Gulf Coast State entity must submit the following reports: ( a ) An annual report to the Council in a form prescribed by the Council that includes information on subrecipients, subaward amounts, disciplines addressed, and any other information required by the Council. When the subrecipient is a consortium, the annual report must also identify the consortium members. This information will be included in the Council's annual report to Congress.
( b ) Reports as prescribed by Treasury.
[J

- 42

- 2021]

IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

IN RE : NOMINATION PETITION OF

CAROLINE TURNER AS DEMOCRATIC

CANDIDATE FOR COMMON PLEAS

COURT JUDGE IN THE FIRST JUDICIAL DISTRICT (PHILADELPHIA) OBJECTION

OF: JOHN BRADY AND GIANNI HILL

APPEAL OF: JOHN BRADY AND GIANNI

HILL :

:

:

:

:

:

:

:

:

: No. 14 EAP 2021

Appeal from the order of the

Commonwealth Court dated March
22, 2021 at No. 57 MD 2021.

O RDER

PER CURIAM

AND NOW, this 6 th day of April, 2021

, the order of the Commonwealth Court is

AFFIRMED , and the Non

- P arty Philadelphia County Board of Elections’s Application to

Expedite Consideration o f Petition is DENIED as moot.
###### Editorial Note on Subchapter A of Chapter II

#### Editorial Note:

Nomenclature changes to subchapter A appear at 78 FR 60697, Oct. 2, 2013.

#### § 223.15 Paid-up capital and surplus for Treasury rating purposes; how determined.

Treasury determines the amount of paid-up capital and surplus of any company holding or seeking a certificate of authority or recognized (or seeking recognition) as an admitted reinsurer pursuant to § 223.12(h) on an insurance accounting basis under the regulations in this part, from the company's financial statements and other information, or by such examination of the company at its own expense as Treasury may deem appropriate.

[89 FR 48837, June 10, 2024]
I

104TH CONGRESS

1ST SESSION H. R. 129

To repeal the provision of law under which pay for Members of Congress

is automatically adjusted.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 4, 1995

Mr. SOLOMON introduced the following bill; which was referred to the Committee on Government Reform and Oversight, and in addition to the Committee on House Oversight, 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

A BILL

To repeal the provision of law under which pay for Members

of Congress is automatically adjusted.

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 ‘‘Congressional Pay

5 Accountability Act’’.

6 SEC. 2. REPEAL.

7 (a) IN GENERAL.—Paragraph (2) of section 601(a)

8 of the Legislative Reorganization Act of 1946 (2 U.S.C.

9 31) is repealed.
2

•HR 129 IH

1 (b) CONFORMING AMENDMENTS.—Section 601(a)(1)

2 of such Act is amended—

3 (1) by striking ‘‘(a)(1)’’ and inserting ‘‘(a)’’;

4 (2) by redesignating subparagraphs (A), (B),

5 and (C) as paragraphs (1), (2), and (3), respectively;

6 and

7 (3) by striking ‘‘, as adjusted by paragraph (2)

8 of this subsection’’.

Æ
(Superior Court of Cincinnati.)

#### WILLIAMS et al. v. BURKHEIMER.

(1) . Demurrer is not the proper remedy where defenses are not well pleaded.

(2) . Where a denial is a mere conclusion of law, the remedy is by motion to strike it. from the answer.

(3) . Where in both of the above cases a demurrer was overruled because not the proper remedy, the court may on its own motion, order in the one case that the answer be made more definite, and in the other that the denial be stricken from the answer.

Demurrer to answer.

DEMPSEY, J.

The petition counts on two promissory notes, with a prayer for judgment for $633.32. Defendant answers, first denying that “he is indebted to plaintiffs in the sum of $633.32, as alleged in petition”, and further avers that “he is entitled to credits upon said notes for *135which no allowance has been made to him.”

J. Bogers Wright, for demurrer.

Jas. S. Myers, contra.

General demurrer to the answer. The demurrer must be overruled. The answer intends to present two defenses, one in the nature of a general or special denial as to liability; the other in the natme of a total or partial payment. The defenses,- however, are not well pleaded; but the remedy is not by demurrer. As to the denial, the remedy is by motion to strike that from the answer, on the ground that it is of no legal significance, it being the statement of a mere legal conclusion, embodying no matter of fact,and therefore tendering no issue of fact. See Bank v. Lloyd’s Adm’rs 18 Ohio St., at page 865; Larimore v. Wells, 29 Ohio St., 13.

As to'tne second defense, the remedy is by motion to niake more definite and certain “The facts, if well stated would constitute a sufficient défense”, at least partially. See Everett v. Wayne, 30 Ohio St., 308.

The demurrer will be overruled, but the court on its own motion, will order stricken from the answer the averment in denial of the indebtedness, and will order its averment as to credits to be made more definite and certain by setting forth the time when amount, and method by which the credits or payments were made.

Defendant is given — days to amend.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5

<S>                             <C>                     <C>
<PERIOD-TYPE>                   3-MOS                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999             DEC-31-1999
<PERIOD-START>                             JUL-01-1999             JAN-01-1999
<PERIOD-END>                               SEP-30-1999             SEP-30-1999
<CASH>                                         997,920                 997,920
<SECURITIES>                                         0                       0
<RECEIVABLES>                                   31,945                  31,945
<ALLOWANCES>                                         0                       0
<INVENTORY>                                          0                       0
<CURRENT-ASSETS>                             1,047,125               1,047,125
<PP&E>                                       2,099,586               2,099,586
<DEPRECIATION>                               1,689,775               1,689,775
<TOTAL-ASSETS>                               1,633,913               1,633,913
<CURRENT-LIABILITIES>                          317,761                 317,761
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                  8,761,072               8,761,072
<COMMON>                                    28,531,604              28,531,604
<OTHER-SE>                                (36,022,862)            (36,022,862)
<TOTAL-LIABILITY-AND-EQUITY>                 1,633,913               1,633,913
<SALES>                                         14,111                  50,627
<TOTAL-REVENUES>                                26,448                  82,522
<CGS>                                            (145)                   (467)
<TOTAL-COSTS>                                    (145)                  12,033
<OTHER-EXPENSES>                               784,068               3,105,386
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                               6,667                  16,592
<INCOME-PRETAX>                              (826,696)             (3,242,556)
<INCOME-TAX>                                         0                       0
<INCOME-CONTINUING>                          (826,696)             (3,242,556)
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                 (826,696)             (3,242,556)
<EPS-BASIC>                                   (0.06)                  (0.26)
<EPS-DILUTED>                                   (0.06)                  (0.26)


</TABLE>
Max observed concentrations (regulatory monitors only)

Max 1-

hour

Max 1-

hour

Max 1-

hour

Max 1-

hour

Max 24-

hour

Max 24-

hour

Max 24-

hour

Max 24-

hour

Max 

Annual 

mean

Max 

Annual 

mean

Max 

Annual 

mean

Max 

Annual 

mean

Max 1-hour Max 1-hour Max 1-hour Max 1-hour

2011 2012 2013 2014 2011 2012 2013 2014* 2011 2012 2013 2014* 2011 2012 2013 2014*

Washoe 7.6 6.9 8 6.9 3.1 2.2 4.4 2.7 0.52 0.39 0.51 .38* 0.86 0.94 0.83 0.81

Clark 8.7 9.1 9.1 7.2 5 5.3 5 4.1 1.22 1.35 1.53 1.42* 0.108 0.105 0.092 0.091

NDEP n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a 0.094 0.099 0.083 0.079

* 2014 data is preliminary and only represents data submitted as of 9/24/2014

Max site locations

Max 1-

hour

Max 1-

hour

Max 1-

hour

Max 1-

hour

Max 24-

hour

Max 24-

hour

Max 24-

hour

Max 24-

hour

Max 

Annual 

mean

Max 

Annual 

mean

Max 

Annual 

mean

Max 

Annual 

mean

Max 1-hour Max 1-hour Max 1-hour Max 1-hour

2011 2012 2013 2014 2011 2012 2013 2014* 2011 2012 2013 2014* 2011 2012 2013 2014*

Washoe

Reno3

32-031-

0016

Reno3

32-031-

0016

Reno3

32-031-

0016

Reno3

32-031-

0016

Reno3

32-031-

0016

Reno3

32-031-

0016

Reno3

32-031-

0016

Reno3

32-031-

0016

Reno3

32-031-

0016

Reno3

32-031-

0016

Reno3

32-031-

0016

Reno3

32-031-

0016

Sparks

32-031-

1005

South Reno

32-031-

0020

Toll Road

32-031-

0025

Reno3

32-031-

0016

Clark

Jerome 

Mack

32-003-

0540

Jerome 

Mack

32-003-

0540

Jerome 

Mack

32-003-

0540

Jerome 

Mack

32-003-

0540

Jerome 

Mack

32-003-

0540

Jerome 

Mack

32-003-

0540

Jerome 

Mack

32-003-

0540

Jerome 

Mack

32-003-

0540

Jerome 

Mack

32-003-

0540

Jerome 

Mack

32-003-

0540

Jerome 

Mack

32-003-

0540

Jerome 

Mack

32-003-

0540

Walter 

Johnson 

32-003-

0071

Joe Neal 

32-003-

0075

Walter 

Johnson 

32-003-

0071

Joe Neal 

32-003-

0075

NDEP

none none none none none none none none none none none none

Fernley

32-019-

0006

Great Basin 

NP 

32-033-

0101

Great Basin 

NP

32-033-

0101

Fernley

32-019-

0006

SO2 (ppb) O3 (ppm)

SO2 (ppb) O3 (ppm)
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-2001
<PERIOD-START>                             OCT-01-2000
<PERIOD-END>                               DEC-31-2000
<CASH>                                          29,564
<SECURITIES>                                    34,185
<RECEIVABLES>                                    3,242
<ALLOWANCES>                                       305
<INVENTORY>                                          0
<CURRENT-ASSETS>                                67,875
<PP&E>                                           3,003
<DEPRECIATION>                                 (1,498)
<TOTAL-ASSETS>                                  74,493
<CURRENT-LIABILITIES>                            6,486
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            19
<OTHER-SE>                                      66,509
<TOTAL-LIABILITY-AND-EQUITY>                    74,493
<SALES>                                          3,417
<TOTAL-REVENUES>                                 3,417
<CGS>                                              912
<TOTAL-COSTS>                                    9,845
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             (1,118)
<INCOME-PRETAX>                                (6,222)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (6,222)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (6,222)
<EPS-BASIC>                                     (0.34)
<EPS-DILUTED>                                   (0.34)


</TABLE>
Pursuant to 5TH CIR. 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 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 08-40829

Summary Calendar

KENNETH ALAN THOMAS

Petitioner - Appellant

v.

RICK THALER, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE,

CORRECTIONAL INSTITUTIONS DIVISION

Respondent - Appellee

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 4:08-CV-16

Before HIGGINBOTHAM, CLEMENT, and SOUTHWICK, Circuit Judges.

PER CURIAM:*

Kenneth Alan Thomas, Texas prisoner # 407931, seeks a certificate of

appealability (COA) to appeal the district court’s dismissal as time barred,

pursuant to 28 U.S.C. § 2244(d), of his 28 U.S.C. § 2254 petition challenging his

conviction for aggravated assault and resulting eight-year sentence.

A COA is granted on the issue of whether Thomas’s petition was barred

by the statute of limitations in light of Womack v. Thaler, 591 F.3d 757 (5th Cir.

United States Court of Appeals

Fifth Circuit

F I L E D

May 3, 2010

Lyle W. Cayce

Clerk

Case: 08-40829 Document: 00511098348 Page: 1 Date Filed: 05/03/2010
No. 08-40829

2

2009), which was decided after the district court’s judgment in the instant case.

See Slack v. McDaniel, 529 U.S. 473, 484 (2000). We vacate the district court’s

judgment, and we remand for further proceedings consistent with Womack. See

Whitehead v. Johnson, 157 F.3d 384, 388 (5th Cir. 1998). We express no opinion

on the ultimate disposition of Thomas’s Section 2254 petition.

COA GRANTED; JUDGMENT VACATED; CASE REMANDED.

Case: 08-40829 Document: 00511098348 Page: 2 Date Filed: 05/03/2010
Second Amendment Agreement to the Marketing Agent Agreement



 Exhibit 10.3 
 UNITED STATES NATURAL GAS FUND, LP 
 AMENDMENT NO. 2 TO MARKETING AGENT
AGREEMENT 
 This Amendment No. 2 dated July 30, 2012 to the Marketing Agent Agreement by and among United States
Natural Gas Fund, LP, a Delaware limited partnership (the “Fund”), United States Commodity Funds LLC, formerly Victoria Bay Asset Management, LLC, a Delaware limited liability company, as General Partner of the Fund (the “General
Partner”) and ALPS Distributors, Inc., a Colorado corporation (the “Marketing Agent”). 
 WITNESSETH

 WHEREAS, the Fund, the General Partner and the Marketing Agent entered into a Marketing Agent Agreement
dated as of April 17, 2008; 
 WHEREAS, the Marketing Agent Agreement was amended by the Fund, the General
Partner and the Marketing Agent effective March 24, 2008 (collectively, the “Agreement”); and 
 WHEREAS, the Fund,
the General Partner and the Marketing Agent wish to amend the Marketing Agent Agreement. 
 NOW, THEREFORE, in
consideration of the mutual covenants and agreement herein contained, the Fund, General Partner and the Marketing Agent hereby agree as follows: 
  

	 	1.	 Notices. Section 10.7 of the Agreement entitled “Notices” is amended to change the address of the General Partner
effective August 1, 2012 to the following: 


 United States Commodity Funds LLC 

1999 Harrison Street, Suite 1530 
 Oakland, California 94612 
  

	 	2.	 Except as specifically set forth herein, all other provisions of the Agreement shall remain in full force and effect. 



[SIGNATURES ON FOLLOWING PAGE] 







 IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment No. 2 to be
duly executed as of the date first written above. 
 UNITED STATES NATURAL GAS FUND, LP 

By: United States Commodity Funds LLC, as General Partner 

 

	
	/s/ Howard Mah
	Name: Howard Mah
	Title: Management Director

 UNITED STATES COMMODITY FUNDS LLC 

 

	
	/s/ Howard Mah
	Name: Howard Mah
	Title: Management Director

 ALPS DISTRIBUTORS, INC. 
  

	
	/s/ Thomas A. Carter
	Name: Thomas A. Carter
	Title: President
§ 1010.313 Aggregation. ( a ) *Multiple branches.* A financial institution includes all of its domestic branch offices, and any recordkeeping facility, wherever located, that contains records relating to the transactions of the institution's domestic offices, for purposes of the transactions in currency reporting requirements in this chapter.
( b ) *Multiple transactions.* In the case of financial institutions other than casinos, for purposes of the transactions in currency reporting requirements in this chapter, multiple currency transactions shall be treated as a single transaction if the financial institution has knowledge that they are by or on behalf of any person and result in either cash in or cash out totaling more than $10,000 during any one business day (or in the case of the U.S. Postal Service, any one day). Deposits made at night or over a weekend or holiday shall be treated as if received on the next business day following the deposit.
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 Justice

###### Antitrust Division

                    Notice is hereby given that, on July 1, 2009, pursuant to section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301*et seq.*                     (“the Act”), Open SystemC Initiative (“OSCI”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Philippe Coussy, Lorient, FRANCE; and OFFIS e.V., Oldenburg, Germany have been added as parties to this venture.                

No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and OSCI intends to file additional written notifications disclosing all changes in membership.

                    On October 9, 2001, OSCI filed its original notification pursuant to section 6(a) of the Act. The Department of Justice published a notice in the                     **Federal Register**                     pursuant to section 6(b) of the Act on January 3, 2002 (67 FR 350).                 

                    The last notification was filed with the Department on November 21, 2008. A notice was published in the                     **Federal Register**                     pursuant to section 6(b) of the Act on December 31, 2008 (73 FR 80431).                

Patricia A. Brink,

Deputy Director of Operations, Antitrust Division.

[FR Doc. E9-19883 Filed 8-20-09; 8:45 am]

BILLING CODE 4410-11-M
HomeOffice of the SpokespersonPress Releases...Assault on Democracy in Hong Kong

# 									Assault on Democracy in Hong Kong							

Press Statement

Antony J. Blinken, Secretary of State

March 11, 2021

The United States condemns the PRC’s continuing assault on democratic institutions in Hong Kong.  The National People’s Congress decision today to unilaterally change Hong Kong’s electoral system is a direct attack on autonomy promised to people in Hong Kong under the Sino-British Joint Declaration.  These actions deny Hong Kongers a voice in their own governance by limiting political participation, reducing democratic representation, and stifling political debate.  Beijing’s actions also run counter to the Basic Law’s clear acknowledgment that Hong Kong elections should progress towards universal suffrage.

We call on the PRC to uphold its international obligations and commitments and to act consistently with Hong Kong’s Basic Law.  The PRC’s attempt to label its crackdown on Hong Kong as an “internal matter” ignores the commitments Beijing made in the Sino-British Joint Declaration to uphold Hong Kong’s autonomy and enumerated rights and freedoms until at least 2047.

We call on the PRC and Hong Kong authorities to allow the September 2021 Legislative Council elections to proceed and ensure that all candidates are included in a transparent and credible manner.  We also call on these authorities to release and drop charges against all individuals charged under the National Security Law and other laws merely for standing for elections or for their expressions of dissenting views.

A stable, prosperous Hong Kong that respects human rights, freedoms, and pluralism serves the interests of Hong Kong, mainland China, and the broader international community.  The United States stands united with our allies and partners in speaking out for the rights and freedoms of people in Hong Kong.

Tags

Bureau of Democracy, Human Rights, and LaborBureau of East Asian and Pacific AffairsChinaDemocracyHong KongHuman Rights and DemocracyOffice of the SpokespersonThe Secretary of State

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