alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 21.41 Basic period of eligibility. ( a ) *Time limit for eligibility to receive vocational rehabilitation.* ( 1 ) For purposes of §§ 21.41 through 21.46, the term *basic period of eligibility* means the 12-year period beginning on the date of a veteran's discharge or release from his or her last period of active military, naval, or air service, and ending on the date that is 12 years from the veteran's discharge or release date, but the beginning date may be deferred or the ending date extended under the sections referred to in paragraph (b) of this section. (*See* §§ 21.70 through 21.79 concerning duration of rehabilitation programs.)
( 2 ) Except as provided in paragraph (b) or (c) of this section, the period during which an individual may receive a program of vocational rehabilitation benefits and services under 38 U.S.C. chapter 31 is limited to his or her basic period of eligibility.
( b ) *Deferral and extension of the basic period of eligibility.* VA may defer the beginning date of a veteran's basic period of eligibility under § 21.42. VA may extend the ending date of a veteran's basic period of eligibility under § 21.42 (extension due to medical condition); § 21.44 (extension for a veteran with a serious employment handicap), § 21.45 (extension during a program of independent living services and assistance), and § 21.46 (extension for a veteran recalled to active duty). (Authority: 38 U.S.C. 3103)
( c ) *Servicemember entitled to vocational rehabilitation services and assistance before discharge.* The basic period of eligibility for a servicemember who is entitled to vocational rehabilitation services and assistance under 38 U.S.C. chapter 31 for a period before discharge does not run while the servicemember remains on active duty, but begins on the date of discharge from the active military, naval, or air service. The period of eligibility requirements of this section are not applicable to provision of vocational rehabilitation services and assistance under chapter 31 during active duty.
(Authority: 38 U.S.C. 3102, 3103)
[75 FR 3166, Jan. 20, 2010]
#### § 18b.66 Official transcript.

The Department of Veterans Affairs will designate the official reporter for all hearings. The official transcripts of testimony taken, together with any exhibits, briefs, or memoranda of law filed therewith shall be filed with the Department of Veterans Affairs. Transcripts of testimony in hearings may be obtained from the official reporter by the parties and the public at rates not to exceed the maximum rates fixed by the contract between the Department of Veterans Affairs and the reporter. Upon notice to all parties, the presiding officer may authorize corrections to the transcript which involve matters of substance.
###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 2 is placed in the separate grouping of parts pertaining to trademarks regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 6 is placed in the separate grouping of parts pertaining to trademarks regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 7 is placed in the separate grouping of parts pertaining to trademarks regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 1 is placed in the separate grouping of parts pertaining to patents regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 3 pertaining to both patents and trademarks is placed in the grouping pertaining to patents regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 4 is placed in the separate grouping of parts pertaining to patents regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 5 is placed in the separate grouping of parts pertaining to patents regulations.

#### § 7.38 Notice to holder of extension of protection.

The registration certificate for an extension of protection to the United States includes a notice of the requirement for filing the affidavit or declaration of use or excusable nonuse under section 71 of the Act. However, the affidavit or declaration must be filed within the time period required by section 71 of the Act regardless of whether this notice is received.
#### § 19.51 Place of filing Notice of Disagreement and Substantive Appeal.

The Notice of Disagreement and Substantive Appeal must be filed with the Department of Veterans Affairs office from which the claimant received notice of the determination being appealed unless notice has been received that the applicable Department of Veterans Affairs records have been transferred to another Department of Veterans Affairs office. In that case, the Notice of Disagreement or Substantive Appeal must be filed with the Department of Veterans Affairs office which has assumed jurisdiction over the applicable records.

(Authority: 38 U.S.C. 7105(b)(1), (d)(3) (2016))

[57 FR 4109, Feb. 3, 1992. Redesignated at 84 FR 177, Jan. 18, 2019, as amended at 84 FR 34788, July 19, 2019]
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

EDUARDO PENALOZA-CARLON,

AKA Eduarto Carlon Penaloza,

 Defendant - Appellant.

No. 13-10150

D.C. No. 4:12-cr-00727-JGZBGM-1

MEMORANDUM*

Appeal from the United States District Court

for the District of Arizona

Jennifer G. Zipps, District Judge, Presiding

Submitted April 7, 2014** 

Before: McKEOWN and M. SMITH, Circuit Judges, and ROBART, District

Judge.*** 

FILED

APR 07 2014

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 ** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).

 *** The Honorable James L. Robart, District Judge for the U.S. District

Court for the Western District of Washington, sitting by designation.
Eduardo Penaloza-Carlon appeals from his sentence for illegal reentry, in

violation of 8 U.S.C. § 1326. Because the parties are familiar with the facts and

procedural history of this case, we repeat only those facts necessary to resolve the

issues raised on appeal. We affirm in part, vacate in part, and remand for

resentencing on a closed record.

The district court did not err in rejecting an adjustment for acceptance of

responsibility. The court correctly noted that Penaloza-Carlon’s refusal to plead

guilty “doesn’t preclude the Court from considering a reduction,” and the court’s

conclusion that Penaloza-Carlon has not accepted responsibility is entitled to

deference on appeal. See United States v. Scrivener, 189 F.3d 944, 948 (9th Cir.

1999).

However, the district court erred in applying a sentencing enhancement

under U.S.S.G. § 2L1.2(b).1

 At the time of sentencing, the district court did not

have the benefit of our recent decision in United States v. Caceres-Olla, 738 F.3d

1051 (9th Cir. 2013). Under Caceres-Olla, Penaloza-Carlon’s predicate Oregon

conviction for rape in the third degree is not categorically a forcible sex offense,

because the relevant Oregon statute, O.R.S. § 163.355, criminalizes sexual conduct

1

 As the parties agree, the judgment incorrectly indicates that PenalozaCarlon’s sentence was enhanced under 8 U.S.C. § 1326(b)(2), rather than under §

1326(b)(1).

2
based entirely on age. See Caceres-Olla, 738 F.3d at 1054–56. Further, PenalozaCarlon’s predicate conviction does not constitute “statutory rape” under the

applicable Guideline, because the Oregon statute “does not have an age difference

element.” Id. at 1057. And the government has waived any argument that the

conviction constitutes sexual abuse of a minor. Id. at1054 n.1.

In view of this disposition, we need not reach the remaining issues argued by

the parties. Because Penaloza-Carlon has been incarcerated for a longer period of

time than the Guidelines would have provided absent the improper enhancement,

we respectfully urge the district court to resentence Penaloza-Carlon expeditiously. 

The mandate shall issue forthwith. 

AFFIRMED in part, VACATED in part, and REMANDED

3
§ 1.993 Non-waiver of rights. So long as there are not statutory or contractual provisions to the contrary, an employee's involuntary payment (of all or a portion of a debt) under these regulations will not be interpreted as a waiver of any rights that the employee may have under 5 U.S.C. 5514. (Authority: 5 U.S.C. 5514)
VA will refund promptly to the appropriate individual amounts offset under these regulations when: ( a ) A debt is waived or otherwise found not owed the United States (unless expressly prohibited by statute or regulation); or
( b ) VA is directed by an administrative or judicial order to refund amounts deducted from the employee's current pay.
(Authority: 5 U.S.C. 5514)
§ 21.374 Authorization for travel of attendants. ( a ) *Travel for attendants.* The services of an attendant to accompany a veteran while traveling for rehabilitation purposes may be provided when such services are necessitated by the severity of the veteran's disability. Attendants may only be used to enable a veteran to attend appointments for initial evaluation, counseling, or intraregional or interregional travel at government expense under § 21.370 and § 21.372. (Authority: 38 U.S.C. 111)
( b ) *Attendants not employed by the Federal government.* ( 1 ) VA may authorize persons not in regular civilian employment of the Federal government to act as attendants. Payment of travel expenses for attendants will be authorized on the same basis as for the veteran the attendant is accompanying. VA: ( i ) Will furnish the attendant with common-carrier transportation, meal and lodging expenses; or
( ii ) Will grant the attendant a mileage allowance in lieu of furnishing the assistance cited in paragraph (b)(1)(i) of this section.
( 2 ) VA will not pay the attendant a fee if he or she is a relative of the veteran. A relative, for this purpose, is a person who by blood or marriage is the veteran's ( i ) Spouse,
( ii ) Parent,
( iii ) Child,
( iv ) Brother,
( v ) Sister,
( vi ) Uncle,
( vii ) Aunt,
( viii ) Niece, or
( ix ) Nephew.
( c ) *Attendant employed by the Federal government.* ( 1 ) VA may authorize a person in the regular civilian employment of the Federal government to act as an attendant. When assigned, the attendant: ( i ) Will be entitled to transportation and expenses, or
( ii ) May be allowed per diem in place of subsistence in accordance with the provisions of the Federal Travel Regulations (5 U.S.C. Chapter 57).
( 2 ) VA will pay no fee to civilian employees of the Federal government who act as attendants.
[49 FR 40814, Oct. 18, 1984; 50 FR 9622, Mar. 11, 1985]
MUNICIPAL CORPORATIONS.

[Logan Circuit Court,

February Term, 1887.]

Moore, Seney and Beer, JJ.

#### Miller v. Village of Bellefontaine.

1. Review oe a Conviction Under an Ordinance oe a Municipal Corporation.

A conviction under an ordinance of any municipal corporation may be reviewed by the court of common pleas. 82 O. L., sec. 7356, 39.

2. Proceeding to Obtain Such Review.

The proceeding to obtain such review shall be by petition in error. Sec. 1752 Rev. Stat.

3. Petition in Error to be Filed, When,

' No such petition in error shall be filed except on leave of the court or a judge thereof. Sec. 1752, Rev. Stat.

Miller was prosecuted before the mayor of Bellefontaine for the violation of one of the ordinances of the village, found guilty, and sentenced to pay a fine and costs.

*408To review the judgment of the mayor, Miller filed a petition in error in the court of common pleas of Logan county, alleging several *errors;*but no leave was obtained of the court or a judge thereof to file such petition in error.

The court of common pleas affirmed the judgment, and Miller then filed his petition in error in the circuit court to reverse the judgment of the court of common pleas.

Beer, J.

The petition in error was improvidently filed in the court of common pleas. Under sec. 1752, Rev. Stat., leave to file is a condition precedent to the right to have such a case reviewed on error, and without such leave there can be no jurisdiction.

The court of common pleas not having obtained jurisdiction had no right to affirm the judgment of the mayor, and this court has no jurisdiction for the same reason.

The judgment of the court of common pleas is reversed, and this court proceeding to make the proper order in the case, dismisses the petition in error.
41920.

#### HOLSEY v. THE STATE.

Nichols, Presiding Judge.

Within minutes of the time four white Leghorn chickens were stolen they were found in the possession of the defendant who admitted receiving them from the principal thief. The principal thief had, prior to the trial of the defendant, pleaded guilty, and testified in the case sub judice that he sold such chickens to the defendant while the defendant and another witness for the defendant testified that such chickens were given to the defendant by the admitted principal thief. *Held:*

1. Under decisions exemplified by *Arkwright v. State,*57 Ga. App. 221 (194 SE 876), and cases there cited, the jury was authorized to find the defendant guilty of receiving stolen goods, and there was no error in admitting in evidence the ac*554cusation to which the principal thief pleaded guilty to the theft of four chickens belonging to a named owner, while the accusation under which the defendant was tried charged the defendant with receiving four "white Leghorn” chickens stolen by the principal thief from such named owner.

Submitted April 5, 1966

Decided April 12, 1966

Rehearing denied April 29, 1966.

*Casey Thigpen,*for appellant.

• *Thomas A. Hutcheson, Solicitor,*for appellee.

*Judgment affirmed.*

*Hall and Deen, JJ., concur.*
41971.

#### STATE HIGHWAY DEPARTMENT v. BELL et al.

Argued May 4, 1966

Decided May 30, 1966.

*769
      *Arthur K. Bolton, Attorney General, Richard L. Chambers, Thomas H. Harper, Jr., Assistant Attorneys General, Horace E. Campbell, Jr., Deputy Assistant Attorney General, W. Roscoff Deal,*for appellant.

*Anderson & Sanders, Cohen Anderson, Faye Sanders,*for appellee.

Jordan, Judge.

The owner in a condemnation proceeding is entitled to just and adequate compensation for the land taken and the consequential damages to the remaining property. Under this proceeding “all occupants, tenants, lessees, licensees,” etc. were made parties defendant to the action to the end that they might come into court and make claim to such interest or ownership or other rights as they may have in the property condemned *770or to the proceeds thereof. Any damage suffered by the leasehold estate would therefore have to be satisfied out of the proceeds awarded to the condemnee in the condemnation proceeding. The lessee is not entitled to recover damages which the owner himself would not be entitled to recover.

It is clear here that the award of damages to the lessee was based upon the inconvenience and circuity of travel occasioned by the construction of this highway. The Supreme Court in *Tift County v. Smith,*219 Ga. 68 (131 SE2d 527), has clearly stated that such inconvenience and circuity of travel occasioned to the owner of property does not constitute a taking or damaging of private property so as to require compensation. It follows that the lessee of such property would also have no cause of action based upon the inconvenience caused to him in traveling to and from the leased property.

It is clear from the record that the leaseholder's access to the road upon which the leased premises abutted was not interfered with, and under the facts set forth here, this case is clearly controlled by *Tift County v. Smith,*219 Ga. 68, supra. The award of damages to the appellee leaseholder was unauthorized by the evidence and the judgment appealed from must be reversed.

*Judgment reversed.*

*Bell, P. J., and Eberhardt, J., concur.*
§ 16.108 IRB functions and operations. ( a ) In order to fulfill the requirements of this policy each IRB shall: ( 1 ) Have access to meeting space and sufficient staff to support the IRB's review and recordkeeping duties;
( 2 ) Prepare and maintain a current list of the IRB members identified by name; earned degrees; representative capacity; indications of experience such as board certifications or licenses sufficient to describe each member's chief anticipated contributions to IRB deliberations; and any employment or other relationship between each member and the institution, for example, full-time employee, part-time employee, member of governing panel or board, stockholder, paid or unpaid consultant;
( 3 ) Establish and follow written procedures for: ( i ) Conducting its initial and continuing review of research and for reporting its findings and actions to the investigator and the institution;
( ii ) Determining which projects require review more often than annually and which projects need verification from sources other than the investigators that no material changes have occurred since previous IRB review; and
( iii ) Ensuring prompt reporting to the IRB of proposed changes in a research activity, and for ensuring that investigators will conduct the research activity in accordance with the terms of the IRB approval until any proposed changes have been reviewed and approved by the IRB, except when necessary to eliminate apparent immediate hazards to the subject.
( 4 ) Establish and follow written procedures for ensuring prompt reporting to the IRB; appropriate institutional officials; the department or agency head; and the Office for Human Research Protections, HHS, or any successor office, or the equivalent office within the appropriate Federal department or agency of ( i ) Any unanticipated problems involving risks to subjects or others or any serious or continuing noncompliance with this policy or the requirements or determinations of the IRB; and
( ii ) Any suspension or termination of IRB approval.
( b ) Except when an expedited review procedure is used (as described in § 16.110), an IRB must review proposed research at convened meetings at which a majority of the members of the IRB are present, including at least one member whose primary concerns are in nonscientific areas. In order for the research to be approved, it shall receive the approval of a majority of those members present at the meeting.
(Approved by the Office of Management and Budget under Control Number 0990-0260)
EXHIBIT 10(a)(iii)


Amendment No. 3 dated as of October 29, 2002 to Employment Agreement dated as of
January 1, 1998 (the "Agreement") by and between Colonial Commercial Corp., a
New York corporation (the "Company") and Bernard Korn, residing at 2 Richmond
Road, Apt. #3G, Lido Beach, N.Y. 11561)(the "Employee").

PRELIMINARY STATEMENT

         The Employee has been employed by the Company under the Agreement for a
term ending at the close of business on December 31, 2003. The Company desires
to insure the continuation of the Employee's employment through December 31,
2005 and the Employee is willing to insure such continuation under the terms of
this amendment to the Agreement.

         Accordingly, for good and valuable consideration, the Agreement is
hereby amended as follows:

         1. Section 1.02 of the Agreement is amended to read as follows:

                  The Employee's employment hereunder shall be for a term
                  commencing as of January 1, 1998 (the "Commencement Date") and
                  terminating at the close of business on December 31, 2005 (the
                  "Term").

         Except as amended hereby, the Agreement is in full respects ratified
and confirmed.

         IN WITNESS WEHREOF, the parties have signed this Amendment as of the
date set forth above.

                            COLONIAL COMMERCIAL CORP.


                            By: /S/ JAMES W. STEWART
                            ------------------------
                            James W. Stewart
                            Executive Vice President

                            Employee:

                            /S/ BERNARD KORN
                            ------------------------
                            Bernard Korn


<PAGE>
§ 21.1 Training and rehabilitation for veterans with service-connected disabilities. ( a ) *Purposes.* The purposes of this program are to provide to eligible veterans with compensable service-connected disabilities all services and assistance necessary to enable them to achieve maximum independence in daily living and, to the maximum extent feasible, to become employable and to obtain and maintain suitable employment. (Authority: 38 U.S.C. 3100)
( b ) *Basic requirements.* Before a service-disabled veteran may receive training and rehabilitation services under Chapter 31, Title 38 U.S.C., three basic requirements must be met: ( 1 ) The Department of Veterans Affairs must first find that the veteran has basic entitlement to services as prescribed by § 21.40. (Authority: 38 U.S.C. 3102)
( 2 ) The services necessary for training and rehabilitation must be identified by the Department of Veterans Affairs and the veteran. (Authority: 38 U.S.C. 3106)
( 3 ) An individual written plan must be developed by the Department of Veterans Affairs and the veteran describing the goals of the program and the means through which these goals will be achieved.
(Authority: 38 U.S.C. 3107)
[49 FR 40814, Oct. 18, 1984; 50 FR 9622, Mar. 11, 1985]
HomeOffice of the SpokespersonPublic Schedule...Public Schedule – October 15, 2023

# 									Public Schedule – October 15, 2023							

Public Schedule

Office of the Spokesperson

October 15, 2023

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

**SECRETARY ANTONY J. BLINKEN**

Secretary Blinken is on travel to Israel, Jordan, Qatar, Bahrain, Saudi Arabia, the United Arab Emirates, and Egypt from October 11-15, 2023.

**7:30 a.m. LOCAL**Secretary Blinken meets with Saudi Crown Prince and Prime Minister Mohammed bin Salman in Riyadh, Saudi Arabia.**(CLOSED PRESS COVERAGE)**

**3:30 p.m. LOCAL**Secretary Blinken meets with Egyptian President Abdel Fattah El-Sisi in Cairo, Egypt.**(POOLED CAMERA SPRAY AT TOP)**

Tags

Office of the SpokespersonThe Secretary of State

Back to Top
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 Alpharma Inc. (the "Company") on Form 10Q/A for the period ending March 31, 2004 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), each of the undersigned, in the capacities and on the dates indicated below, hereby certifies, pursuant to 18 U.S.C. 1350, as adopted pursuant to 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.



Dated:  May 5, 2005

/s/ Ingrid Wiik
Ingrid Wiik
President and Chief Executive Officer

Dated:  May 5, 2005

/s/ Matthew FarrellMatthew Farrell 
Chief Financial Officer