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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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.

** Gomez does not appeal the revocation of his supervised release or the sentence imposed following revocation based on this offense. United States Court of Appeals Fifth Circuit 

## FILED June 22, 2005 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 04-41295 c/w No. 04-41296 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus YSIDRO GOMEZ-GRACIANO, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 1:00-CR-34-ALL

-------------------- Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM: * Ysidro Gomez-Graciano (Gomez) appeals the sentence imposed following his guilty plea conviction for illegal reentry, in violation of 8 U.S.C. § 1326. ** He argues, for the first time on appeal, that the district court erred in sentencing him under a mandatory sentencing guidelines scheme, citing United States v. Booker , 125 S. Ct. 738, 756 (2005). He acknowledges that theNo. 04-41295 c/w No. 04-41296 -2- argument is reviewed for plain error but contends that he does not have to demonstrate any effect on his substantial rights because the error is structural and because prejudice should be presumed. Plain error is the correct standard of review. See United States v. Malveaux , __F.3d__, No. 03-41618, 2005 WL 1320362 at *1 n.9 (5th Cir. Apr. 11, 2005). The district court committed error that is plain when it sentenced Gomez under a mandatory sentencing guidelines regime. See United States v. ValenzuelaQuevedo , 407 F.3d 728, 733 (5th Cir. 2005); United States v.
Mares , 402 F.3d 511, 520-21 (5th Cir. 2005), petition for cert. filed (Mar. 31, 2005) (No. 04-9517) . Gomez, however, fails to meet his burden of showing that the district court’s error affected his substantial rights. See Valenzeuela-Quevedo , 407 F.3d at 733-34; Mares , 402 F.3d at 521. His argument that Mares was wrongly decided is unavailing. See United States v. Ruff , 984 F.2d 635, 640 (5th Cir. 1993). As he concedes, Gomez’s argument that the sentencing provisions in 8 U.S.C. § 1326(a) and (b) are unconstitutional is foreclosed by Almendarez-Torres v. United States , 523 U.S. 224 (1998). See Apprendi v. New Jersey , 530 U.S. 466, 489-90 (2000); United States v. Dabeit , 231 F.3d 979, 984 (5th Cir. 2000) . The district court’s judgment is AFFIRMED.
HomeOffice of the SpokespersonPublic Schedule...Public Schedule – February 21, 2024

# 									Public Schedule – February 21, 2024							

Public Schedule

Office of the Spokesperson

February 20, 2024

*****THE DAILY PUBLIC SCHEDULE IS SUBJECT TO CHANGE*****

**SECRETARY ANTONY J. BLINKEN**

Secretary Blinken is on travel to Brazil and Argentina from February 20-23, 2024.

**8:20 a.m. LOCAL**Secretary Blinken holds a meet and greet with U.S. Embassy Brasilia employees and family members in Brasilia, Brazil.**(CLOSED PRESS COVERAGE)**

**9:00 a.m. LOCAL**Secretary Blinken meets with Brazilian President Luiz Inácio Lula da Silva in Brasilia, Brazil.**(POOLED CAMERA SPRAY AT TOP)**

**2:00 p.m. LOCAL**Secretary Blinken participates in the G20 Foreign Ministers Meeting Session I: Addressing International Tensions in Rio de Janeiro, Brazil.**(POOLED CAMERA SPRAY AT TOP)**

**7:30 p.m. LOCAL**Secretary Blinken participates in the G20 Foreign Ministers Official Dinner in Rio de Janeiro, Brazil.**(CLOSED PRESS COVERAGE)**

**DEPUTY SECRETARY KURT M. CAMPBELL**

**1:00 p.m.**Deputy Secretary Campbell meets with U.S. Pacific Island governors****at the Department of State.**(CLOSED PRESS COVERAGE)**

**DEPUTY SECRETARY FOR MANAGEMENT AND RESOURCES RICHARD R. VERMA**

Deputy Secretary Verma is on travel to India, Maldives, and Sri Lanka from February 18-23, 2024.

**UNDER SECRETARY FOR POLITICAL AFFAIRS VICTORIA J. NULAND**

Under Secretary Nuland attends meetings and briefings at the Department of State.

**UNDER SECRETARY FOR PUBLIC DIPLOMACY AND PUBLIC AFFAIRS ELIZABETH M. ALLEN**

Under Secretary Allen is on travel to Jordan, Sri Lanka, and India from February 12-22, 2024.

**ACTING ASSISTANT SECRETARY****FOR OCEANS AND INTERNATIONAL ENVIRONMENTAL AND SCIENTIFIC AFFAIRS JENNIFER R. LITTLEJOHN**

Acting Assistant Secretary Littlejohn is on travel to Oman, Ghana, and Kenya from February 16-29, 2024.

**BRIEFING SCHEDULE**

**1:15 p.m.** Department Press Briefing with Spokesperson Matthew Miller. **(OPEN PRESS COVERAGE)***The Department Press Briefing will be streamed live on the Department homepage and YouTube Channel.*

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Exhibit 23.2  LOGO April 15, 2020 Securities and Exchange Commission Washington, D.C. 20549 Ladies and Gentlemen: We hereby consent to the incorporation
by reference in the Registration Statement (No. 333-236522) on Form S-8 of Green Thumb Industries Inc. (GTI) of our report dated December 16, 2019, relating to the consolidated
balance sheet as of December 31, 2018, and the related consolidated statement of operations, changes in shareholders equity, and cash flows for the year then ended, and the related notes (collectively referred to as the consolidated
financial statements), which appears in the Form10-K dated April 15, 2020. Very truly yours,  LOGO MNP LLP Chartered
Professional Accountants Licensed Public Accountants  LOGO
```

[Federal Register Volume 74, Number 177 (Tuesday, September 15, 2009)]
[Notices]
[Page 47303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22174]

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

DEPARTMENT OF STATE

[Public Notice 6761]

Determination and Certification Related to Colombian Armed Forces 
Under Section 7046(B) of the Department of State, Foreign Operations, 
and Related Programs Appropriations Act, 2009 (DiV. H, Pub. L. 111-8)

    Pursuant to the authority vested in the Secretary of State, 
including under section 7046 (b)(1)(B) and section 7046(b)(2) of the 
Department of State, Foreign Operations, and Related Programs 
Appropriations Act, 2009 (Div. H, Pub. L. 111-8 (``FY 2009 SFOAA''), I 
hereby determine, certify, and report that the Colombian Armed Forces 
are meeting the conditions contained in section 7046(b)(1)(B) and 
section 7046(b)(2).
    The Department of State has periodically consulted with 
internationally recognized human rights organizations regarding the 
Colombian Armed Forces' progress in meeting the above-mentioned 
conditions, as provided in section 7046(c) of the FY 2009 SFOAA.
    This Determination and Certification shall be published in the 
Federal Register and copies shall be transmitted to the appropriate 
committees of Congress.

    Dated: September 8, 2009.
James B. Steinberg,
Deputy Secretary of State.
[FR Doc. E9-22174 Filed 9-14-09; 8:45 am]
BILLING CODE 4710-29-P
```
Exhibit 32.2



CERTIFICATION OF CHIEF FINANCIAL OFFICER

PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



I, Stephen T. McGowan, certify, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual Report of Sun Microsystems, Inc. on Form 10-K for the annual period ended June 30, 2003 fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934 and that information contained in such Annual Report on Form 10-K fairly presents in all material respects the financial condition and results of operations of Sun Microsystems, Inc.



By:

/s/    STEPHEN T. MCGOWANName: Stephen T. McGowan Title: Chief
Financial Officer
40557.

#### LOUISVILLE & NASHVILLE RAILROAD COMPANY et al. v. CHILDERS.

Decided February 17, 1964.

*163*Erwin, Birchmore & Epting, Eugene A. Epting,*for plaintiffs in error.

*Gary L. Pleger,*contra.

Eberhardt, Judge.

Were the defendant railroads guilty of any actionable negligence under the facts alleged? This is the primary and controlling issue on the appeal.

The positive allegations of the petition show that the path passed through a space nine feet wide between the railroad tracks and the culvert. Given such a distance, there is simply no negligence on the part of the railroads in the maintenance of the culvert off the traveled part of the path. Foreseeability is the test, and we do not think there was any harm foreseeable. *Southern Bell &c. Co. v. Whiddon,*108 Ga. App. 106, 108 (1) (132 SE2d 237) and citations. This is true regardless of plaintiff’s status (i.e., whether trespasser, licensee or invitee) and regardless of whether the court would take judicial notice of a locomotive’s extension an unspecified distance beyond the sides of the track. The allegation that the locomotive “suddenly and without warning” came around the corner of the warehouse does not save plaintiff’s case because any reasonable person certainly knows that this is likely to happen when he walks along a railroad track.

The general demurrers should have been sustained.

*Judgment reversed.*

*Bell, P. J., and Jordan, J., concur.*
Attachment C

Agency Labor Costs - 2009 Data 

Labor Category Formula Managerial Technical Clerical

Unloaded Hourly Rate1= W $52.19 $34.59 $19.70

Benefits Percentage2Lb = B/W 43% 43% 43%

Benefits per hour B = W*Lb $22.75 $15.08 $8.59

Loaded Hourly Rate Wb = W + B 

 = W(1+Lb)

$74.94 $49.67 $28.29

Overhead Percentage3Lo = OH/Wb 50% 50% 50%

Overhead per hour OH = Wb*Lo

$37.47 $24.84 $14.14

Fully Loaded Hourly

Rate

Wf = Wb + OH

= W + B + OH 

$112.42 $74.51 $42.43

1. Data Source: http://www.bls.gov/oes/2009/may/naics4_999100.htm

 Management: 11-0000, Management Occupations

 Technical: 19-0000, Life, Physical, and Social Science Occupations

 Clerical: 43-0000, Office and Administrative Support Occupations

 May 2009 data

2. Fringe benefits/wage per hour.

3. U. S. Environmental Protection Agency, EPA Air Pollution Control Cost Manual, Sixth 

Edition, EPA-452-02-001, January 2002, pg. 2-34. The loading for indirect costs is within the 

range of 20-70% of the load labor rate (wage + benefits) suggested in EPA guidance.
HomeOffice of the SpokespersonPress Releases...New Zealand Waitangi Day

# 									New Zealand Waitangi Day							

Press Statement

Antony J. Blinken, Secretary of State

February 5, 2021

On behalf of the United States Government and the American people, I send my best wishes to the people of New Zealand as you commemorate Waitangi Day on February 6.

As we reflect upon all that has transpired since last year’s Waitangi Day, we recognize the outstanding example New Zealand has set in successfully combating COVID-19.  We are reminded of the value our close partnership with New Zealand, an unbreakable bond that began when the first U.S. Consul to New Zealand witnessed the signing of the Treaty of Waitangi on February 6, 1840.

As we begin a new chapter in our enduring partnership, we look forward to working with New Zealand to advance our shared values of democracy and freedom, to combat climate change, and to ensure a free, open, and prosperous Indo-Pacific region.

Tags

Bureau of East Asian and Pacific AffairsNew ZealandOffice of the SpokespersonThe Secretary of State

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###### Editorial Note on Part 431

#### Editorial Note:

Nomenclature changes to part 431 appear at 75 FR 48852, Aug. 11, 2010.

#### § 431.800 Basis and scope.

This subpart establishes State requirements for the Medicaid Eligibility Quality Control (MEQC) Program designed to reduce erroneous expenditures by monitoring eligibility determinations and a claims processing assessment that monitors claims processing operations. MEQC will work in conjunction with the Payment Error Rate Measurement (PERM) Program established in subpart Q of this part. In years in which the State is required to participate in PERM, as stated in subpart Q of this part, it will only participate in the PERM program and will not be required to conduct a MEQC pilot. In the 2 years between PERM cycles, the State is required to conduct a MEQC pilot, as set forth in this subpart.

[82 FR 31182, July 5, 2017]
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

**957 KA 15-01396**  PRESENT: SMITH, J.P., CARNI, LINDLEY, DEJOSEPH, AND SCUDDER, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V ORDER
JULYNN CRISCUOLO, DEFENDANT-APPELLANT.

JAMES S. KERNAN, PUBLIC DEFENDER, LYONS (SHIRLEY A. GORMAN OF COUNSEL), FOR DEFENDANT-APPELLANT.
RICHARD M. HEALY, DISTRICT ATTORNEY, LYONS (BRUCE A. ROSEKRANS OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Wayne County Court (Dennis M. Kehoe, J.), rendered August 11, 2015. The judgment convicted defendant, upon her plea of guilty, of driving while intoxicated, a class E felony, and aggravated vehicular assault.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Entered: November 10, 2016 Frances E. Cafarell Clerk of the Court
exv10w38






Exhibit 10.38




AMENDMENT TO

RULES AND PROCEDURES

FOR

DIRECTORS’ DEFERRED COMPENSATION PROGRAM




     The following amendment to rules and procedures governing the deferral by a Non-Employee
Director pursuant to Section 7(b) of the AvalonBay Communities, Inc. 1994 Stock Option and
Incentive Plan, as amended and restated on December 8, 2004 and as subsequently amended (the
“Plan”) was adopted by the Company’s Board of Directors on December 11, 2008. All capitalized
terms used herein shall have the same meaning as used in the Plan unless otherwise specifically
provided herein.



     1. Section 6 of the Rules and Procedures is amended in its entirety to read as follows:



     Payment. All vested stock units credited to a Non-Employee Director’s Account shall
be paid in shares of Stock to the Non-Employee Director, or his designated beneficiary (or
beneficiaries) or estate, in a lump sum within 30 days after the Non-Employee Director ceases to
serve on the Board; provided, however, that fractional shares shall be paid in cash.
Notwithstanding the foregoing, in the event of a change in the ownership or effective control of
the Company, or in the ownership of a substantial portion of the assets of the Company, within the
meaning of Section 409A of the Internal Revenue Code of 1986, as amended, and the regulations
promulgated thereunder, all Accounts under this deferred compensation arrangement shall become
immediately payable in a lump sum.



     2. Section 8 of the Rules and Procedures is amended in its entirety to read as follows:



      Nontransferability of Rights. During a Non-Employee Director’s lifetime, any payment
under this deferred compensation arrangement shall be made only to him. No sum or other interest
under this deferred compensation arrangement shall be subject in any manner to anticipation,
alienation, sale, transfer, assignment, pledge, encumbrance or charge, and any attempt by a
Non-Employee Director or any beneficiary under this deferred compensation arrangement to do so
shall be void. No interest under this deferred compensation arrangement shall in any manner be
liable for or subject to the debts, contracts, liabilities, engagements or torts of a Non-Employee
Director or beneficiary entitled thereto. Notwithstanding the foregoing, the Company may make
payments to an individual other than a Non-Employee Director to the extent required by a domestic
relations order.
HomeOffice of the SpokespersonPublic Schedule...Public Schedule – August 3, 2021

# 									Public Schedule – August 3, 2021							

Public Schedule

Office of the Spokesperson

August 2, 2021

*****THE DAILY PUBLIC SCHEDULE IS SUBJECT TO CHANGE*****

**SECRETARY ANTONY J. BLINKEN**

**10:30 a.m.** Secretary Blinken participates in Eid Al-Adha Roundtable, from the Department of State.**(CLOSED PRESS COVERAGE)**

**2:00 p.m.** Secretary Blinken meets with Indonesian Foreign Minister Retno Marsudi, at the Department of State.**(POOLED CAMERA SPRAY AT TOP)**

*The camera spray will be live streamed on*https://www.youtube.com/user/statevideo*.*

**9:00 p.m.** Secretary Blinken virtually participates in the U.S.-ASEAN Ministerial.**(CLOSED PRESS COVERAGE)******

**DEPUTY SECRETARY OF STATE WENDY R. SHERMAN**

**10:30 a.m.**Deputy Secretary Sherman testifies before the Senate Committee on Foreign Relations on “Authorizations of Use of Force: Administration Perspectives”, Senate Dirksen Office Building, SD-106,  in Washington, D.C.  Please click here for more information.|**(MEDIA DETERMINED BY HOST)**

**2:30 p.m.**  Deputy Secretary Sherman meets with Israeli National Security Advisor Dr. Eyal Hulata, at the Department of State.**(CLOSED PRESS COVERAGE)**

**DEPUTY SECRETARY FOR MANAGEMENT AND RESOURCES BRIAN P. MCKEON**

Deputy Secretary McKeon attends meetings and briefings, from the Department of State.

**UNDER SECRETARY FOR POLITICAL AFFAIRS VICTORIA J. NULAND**

Under Secretary Nuland is on travel to South Africa, Botswana, Tanzania, and Niger from August 2-6, 2021. Please click here for more information.

**BRIEFING SCHEDULE**

**2:30 p.m.** Department Press Briefing with Spokesperson Ned Price.**(POOLED PRESS COVERAGE)**

*The Department Press Briefing will be live streamed on**www.state.gov**.*

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Office of the SpokespersonThe Secretary of State

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V 

104TH CONGRESS 

2D SESSION H. R. 3552 

For the relief of Alayne Mae Watson. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 29, 1996 

Mr. BAKER of Louisiana introduced the following bill; which was referred to 

the Committee on the Judiciary 

A BILL 

For the relief of Alayne Mae Watson. 

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

3 SECTION 1. ENTITLEMENT TO VETERANS’ DEPENDENCY 

4 AND INDEMNITY COMPENSATION BENEFITS. 

5 (a) IN GENERAL.—For purposes of determining the 

6 eligibility of Alayne Mae Watson, of Baton Rouge, Lou7 isiana, for veterans’ dependency and indemnity compensa8 tion benefits under chapter 13 of title 38, United States 

9 Code, Alayne Mae Watson shall be deemed to be the sur10 viving spouse of James Michael Watson (social security 

11 number 467–70–0150) notwithstanding her divorce from 

12 James Michael Watson. 


sradovich on DSKJLST7X2PROD with BILLS
2

•HR 3552 IH

1 (b) EFFECTIVE DATE.—Subsection (a) applies with

2 respect to payments of dependency and indemnity com3 pensation by the Secretary of Veterans Affairs for months

4 beginning after the date of the enactment of this Act.

Æ
HomeUpdates – Office of Overseas Schools...Office of Overseas Schools Pandemic Reopening Information

# 									Office of Overseas Schools Pandemic Reopening Information							

Office of Overseas Schools

October 13, 2020

In mid-August 2020, the Regional Education Officers (REO) reached out to the assisted schools– schools at post that the Department of State provides a small grant to– in their respective regions with a short survey about reopening plans during the COVID-19 pandemic. Out of 189 schools, the Office of Overseas Schools had 182 responses. Given the dynamic nature around the pandemic, much of this information may now be out of date but does shed insights into the decision-making process each school is continually going through. To receive the most up-to-date information regarding international schools it is best to reach out to the Office of Overseas Schools directly since the REOs are in near-daily communication with the directors of assisted schools globally.

Approximately two-thirds of the responding schools planned to have some sort of virtual return this school year (online only or a hybrid of online and in-person.) Europe and East Asia Pacific are more likely to plan to open the year with onsite delivery for all grade levels, while Africa, South and Central America only had a handful of schools going this route. Elementary school was more likely to be held in- person if there was variation by grade level.

Schools are prepared to meet families where they are. Most schools had plans to accommodate students if they were unable to get back into the country by the start of school, of these schools the majority had coursework presented in a combination of asynchronous and synchronous instruction to account for the variety of time zones students and teachers may find themselves in.

Over the summer holiday, many schools supported professional development for their teachers to better prepare for hybrid or full virtual online instruction. Schools are facing budget shortfalls as expat families choose to, or are not allowed to, return to countries.  In a few instances, the gap is as high as 40% reduction in tuition. At the same time, some directors are having difficulty even having staff return to their campuses since borders, airports, and some diplomatic missions are still closed.

Pandemic challenges are making the 2020-2021 school year more difficult than in the past but schools are adjusting. International schools, which the Office of Overseas Schools works with, are prepared to deliver strong academic grounding to students whether it is in-person or online, as the world navigates this new normal.

*A version of this story also appeared in AAFSW’s newsletter and website .*

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105


## FEB 2 72012
Ms. Vilmarie Rodriguez President Industrial Environmental Association 110 West C Street, Suite 900 San Diego, California 92101 Re: Potential classification ofSan Diego as Serious for the 1997 ozone national ambient air quality standard DearMs. Rodriguez: Thankyou for your letter dated January 5, 2012 to Gina McCarthy, Assistant Administrator for the U.S. Environmental Protection Agency's (EPA) Office ofAir and Radiation. Your letterrequests thatEPA not classifythe San Diego nonattainment area as Serious for the 1997 ozone national ambient air quality standard (NAAQS) and instead find that the area has attained the standard based on 2009-2011 ozone air quality monitoring data. We appreciate hearing your concerns about potential planning and pennittingrequirements associated with a Serious ozone nonattainmentclassification. We have been working closelywith the SanDiego Air Pollution Control District and with EPA's national Office ofAir Quality Planning and Standards to address your issues. We will keep you infonned as ourrulemakingproceeds. Should you have any questions, please do not hesitate to contact me or Amy Zimpfer, Associate Director, Air Division, ofmy staffat 415-947-4146 or zimpfer.amy@epa.go
. Sincerely,

cc: RobertJ. Kard, San Diego County Air Pollution Control District