alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 21.146 Independent instructor course. ( a ) *Definition.* An independent instructor course is a full-time course of vocational training which the veteran pursues with an individual instructor, who, independently of a training institution or on-job training establishment, furnishes and conducts a vocational course at a suitable place of training.
( b ) *Limitations on including an independent instructor course in a rehabilitation plan.* A veteran and his or her case manager may include an independent instructor course in a rehabilitation plan, other than one involving a farm cooperative program, only when either or both of the following conditions exist: ( 1 ) Training is not available through an established school, on-job training establishment, rehabilitation facility or sheltered workshop within a reasonable commuting distance from the veteran's home; or
( 2 ) The veteran's condition or other circumstances do not permit the veteran to attend an otherwise suitable facility within commuting distance. See § 21.126.
( c ) *Training in the home.* Training in the home is a specialized type of independent instructor course which the veteran pursues in his or her home if: ( 1 ) He or she is unable to pursue training at an otherwise suitable facility because of the effects of his or her disability;
( 2 ) Based on proper medical opinion, the veteran is able to pursue the prescribed training; and
( 3 ) The veteran's home provides a favorable educational environment with adequate work and study space.
( d ) *Planning an individual instructor course.* The case manager, the veteran, and the instructor should jointly plan the training program for a veteran for whom an independent instructor course is prescribed.
( e ) *Assuring employment.* Since the customary channels leading to employment may not be readily available to a veteran requiring an individual instructor course, the IEAP (Individual Employment Assistance Plan) shall indicate thorough consideration of plans and prospects for seeking and obtaining employment, including self-employment, upon completion of training.
( f ) *Rate of pursuit.* A veteran in an independent instructor program shall pursue training at a rate comparable to the rate at which similar training is pursued on an institutional basis, unless the veteran's work tolerance is reduced by the effects of his or her disability.
(Authority: 38 U.S.C. 3104(a)(7))
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 10**  **- 6547** 

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v.

CHARLES M. RUSSELL , Defendant

- Appellant

.

Appeal from the United States District Court for the District of Maryland , at Greenbelt

. Deborah K. Chasanow , Chief District Judge. ( 8:98

- cr
- 00483

- DKC

- 1 )

Submitted : September 16, 2010 Decided: October 6, 2010

Before NIEMEYER and SHEDD , Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by un pu blished per curiam opinion

.

Charles M. Russell, Appellant Pro Se. Rod J. Rosenstein, United States Attorney, Baltimore, Maryland; Gina Simms, Assistant United States Attorney, Greenbelt, Maryland, for Appellee.

Unpublished opinions are not binding pr ecedent in this circuit.2 PER CURIAM:

Charles M. Russell appeals the district court ’ s order denying a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2)
(2006) . We have reviewed the record and find no reversible
error. Accordingly, we affirm for the reasons stated by the
district court. United States v. Russell , No. 8:98

- cr
- 00483

-
DKC

- 1 (D. Md. Mar. 29, 2010) . 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
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).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

CURTIS RAY EDER,

 Defendant - Appellant.

No. 11-30345

D.C. No. 4:10-cr-00097-SEH

MEMORANDUM*

Appeal from the United States District Court

for the District of Montana

Sam E. Haddon, District Judge, Presiding

Submitted July 17, 2012** 

Before: SCHROEDER, THOMAS, and SILVERMAN, Circuit Judges.

Curtis Ray Eder appeals from the 365-month sentence imposed following

his jury-trial conviction for second-degree murder, in violation of 18 U.S.C.

§§ 1153(a) and 1111, and assault resulting in serious bodily injury, in violation of

18 U.S.C. §§ 1153(a) and 113(a)(6). We have jurisdiction under 28 U.S.C. 

FILED

JUL 27 2012

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 11-30345

§ 1291, and we affirm.

Eder first contends that the district court procedurally erred by failing to

grant a two-point downward adjustment to his offense level for acceptance of

responsibility under U.S.S.G. § 3E1.1. In light of the record before it, the district

court did not clearly err by denying the adjustment. See U.S.S.G. § 3E1.1 cmt. n.5;

United States v. Martinez-Martinez, 369 F.3d 1076, 1088-89 (9th Cir. 2004).

Eder next contends that the district court erred by applying a two-level

vulnerable victim enhancement under U.S.S.G. § 3A1.1(b)(1). Given the district

court’s finding that the victim was in a prone position when he was attacked, the

court did not abuse its discretion in imposing the enhancement. See United States

v. Weischedel, 201 F.3d 1250, 1254-55 (9th Cir. 2000). The district court did not

otherwise procedurally err. See United States v. Carty, 520 F.3d 984, 993 (9th Cir.

2008) (en banc).

Eder finally contends that his sentence is substantively unreasonable. In

light of the totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing

factors, the sentence is substantively reasonable. See Gall v. United States, 552

U.S. 38, 51 (2007).

AFFIRMED.
§ 1091.405 Confidentiality of proceedings. ( a ) *General rule.* In connection with a proceeding under this part, including a petition for termination under § 1091.301, all documents, records or other items submitted by a respondent to the Bureau, all documents prepared by, or on behalf of, or for the use of the Bureau, and any communications between the Bureau and a person, shall be deemed confidential supervisory information under 12 CFR 1070.2(i)(1). However, this paragraph does not apply to the version of a document that is released on the Bureau's website under paragraph (b) of this section.
( b ) *Publication of final decisions and orders by the Director.* The Director will make a determination regarding whether a decision or order under § 1091.206(a)(1) or § 1091.301(d) will be publicly released on the Bureau's website, in whole or in part. The respondent may file a submission regarding that issue, within ten days after service of the decision or order. The Director will not release information in a decision or order to the extent it would be exempt from disclosure under 5 U.S.C. 552(b)(4) or (b)(6) or the Director determines there is other good cause. The Director may also decide that any determination regarding public release will itself be released on the website, in whole or in part. Section 1091.206(d) is not applicable to determinations under this paragraph.
§ 1008.111 Other minimum requirements for state licensing systems. ( a ) *General.* A state must maintain a loan originator licensing, supervisory, and oversight authority (supervisory authority) that provides effective supervision and enforcement, in accordance with the minimum standards provided in this section and in § 1008.113.
( b ) *Authorities.* A supervisory authority must have the legal authority and mechanisms: ( 1 ) To examine any books, papers, records, or other data of any loan originator operating in the state;
( 2 ) To summon any loan originator operating in the state, or any person having possession, custody, or care of the reports and records relating to such a loan originator, to appear before the supervisory authority at a time and place named in the summons and to produce such books, papers, records, or other data, and to give testimony, under oath, as may be relevant or material to an investigation of such loan originator for compliance with the requirements of the S.A.F.E. Act;
( 3 ) To administer oaths and affirmations and examine and take and preserve testimony under oath as to any matter in respect to the affairs of any such loan originator;
( 4 ) To enter an order requiring any individual or person that is, was, or would be a cause of a violation of the S.A.F.E. Act as implemented by the state, due to an act or omission the person knew or should have known would contribute to such violation, to cease and desist from committing or causing such violation and any future violation of the same requirement;
( 5 ) To suspend, terminate, and refuse renewal of a loan originator license for violation of state or Federal law; and
( 6 ) To impose civil money penalties for individuals acting as loan originators, or representing themselves to the public as loan originators, in the state without a valid license or registration.
( c ) A supervisory authority must have established processes in place to verify that individuals subject to the requirement described in § 1008.103(a)(1) and (d)(1) are registered with the NMLSR.
( d ) The supervisory authority must be required under state law to regularly report violations of such law, as well as enforcement actions and other relevant information, to the NMLSR.
( e ) The supervisory authority must have a process in place for challenging information contained in the NMLSR.
( f ) The supervisory authority must require a loan originator to ensure that all residential mortgage loans that close as a result of the loan originator engaging in activities described in § 1008.103(b)(1) are included in reports of condition submitted to the NMLSR. Such reports of condition shall be in such form, shall contain such information, and shall be submitted with such frequency and by such dates as the NMLSR may reasonably require.
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<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          MAR-28-1998
<PERIOD-END>                               DEC-27-1997
<CASH>                                         180,599
<SECURITIES>                                    29,916
<RECEIVABLES>                                  124,722
<ALLOWANCES>                                     1,551
<INVENTORY>                                    110,258
<CURRENT-ASSETS>                               448,659
<PP&E>                                         152,727
<DEPRECIATION>                                  33,513
<TOTAL-ASSETS>                                 596,911
<CURRENT-LIABILITIES>                           84,497
<BONDS>                                        207,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        52,296
<OTHER-SE>                                     250,864
<TOTAL-LIABILITY-AND-EQUITY>                   596,911
<SALES>                                        496,993
<TOTAL-REVENUES>                               496,993
<CGS>                                          384,076
<TOTAL-COSTS>                                  384,076
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                   295
<INTEREST-EXPENSE>                               2,697
<INCOME-PRETAX>                                 47,120
<INCOME-TAX>                                    18,612
<INCOME-CONTINUING>                             28,508
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    28,508
<EPS-PRIMARY>                                     1.08
<EPS-DILUTED>                                     1.01
        

</TABLE>
---

EXHIBIT 32.1

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

I, Garry L. Anselmo, hereby certify, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that:

|(1) | the Quarterly Report on Form 10-Q of Silverado Gold Mines
      Ltd. for the period ended August 31, 2011 (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 results of
      operations of Silverado Gold Mines Ltd.                                                                  

Dated: October 21, 2011

| | /s/
      Garry L. Anselmo                                     
| | ---------------------------------------------------------------
| | Garry L. Anselmo                                               
| | Chairman of the Board, President, Chief
      Executive Officer
| | and Director                                                   
| | (Principal Executive Officer)                                  
| | Silverado Gold Mines Ltd.                                      

A signed original of this written statement required by Section
906, or other document authenticating, acknowledging, or otherwise adopting the
signature that appears in typed form within the electronic version of this
written statement required by Section 906, has been provided to Silverado Gold
Mines Ltd. and will be retained by Silverado Gold Mines Ltd. and furnished to
the Securities and Exchange Commission or its staff upon request.

---
#### § 21.5730 Applications, claims, and time limits.

The provisions of subpart B of this part apply with respect to claims for educational assistance under the educational program described in § 21.5701, VA actions upon receiving a claim, and time limits connected with claims.

(Authority: 10 U.S.C. 2141, 2149; 38 U.S.C. 5101, 5102, 5103)

[64 FR 23772, May 4, 1999]
Editorial Note on Part 51
Editorial Note: Nomenclature changes to part 51 appear at 74 FR 19432, Apr. 29, 2009.

§ 51.50 Eligible veterans—nursing home care. A veteran is an eligible veteran for the purposes of payment of per diem for nursing home care under this part if VA determines that the veteran needs nursing home care; is not barred from receiving care based on his or her service (see 38 U.S.C. 5303, 5303A), is not barred from receiving VA pension, compensation or dependency and indemnity compensation based on the character of a discharge from military service (see 38 CFR 3.12) and is within one of the following categories: ( a ) Veterans with service-connected disabilities;
( b ) Veterans who are former prisoners of war, who were awarded the Purple Heart, or who were awarded the medal of honor under 10 U.S.C. 3741, 6241, or 8741 or 14 U.S.C. 491;
( c ) Veterans who were discharged or released from active military service for a disability incurred or aggravated in the line of duty;
( d ) Veterans who receive disability compensation under 38 U.S.C. 1151;
( e ) Veterans whose entitlement to disability compensation is suspended because of the receipt of retired pay;
( f ) Veterans whose entitlement to disability compensation is suspended pursuant to 38 U.S.C. 1151, but only to the extent that such veterans' continuing eligibility for nursing home care is provided for in the judgment or settlement described in 38 U.S.C. 1151;
( g ) Veterans who VA determines are unable to defray the expenses of necessary care as specified under 38 U.S.C. 1722(a);
( h ) Veterans solely seeking care for a disorder associated with exposure to a toxic substance or radiation, for a disorder associated with service in the Southwest Asia theater of operations during the Persian Gulf War, as provided in 38 U.S.C. 1710(e), or for any illness associated with service in combat in a war after the Gulf War or during a period of hostility after November 11, 1998, as provided and limited in 38 U.S.C. 1710(e);
( i ) Veterans of World War II;
( j ) Veterans who agree to pay to the United States the applicable co-payment determined under 38 U.S.C. 1710(f) and 1710(g).
Note 1 to paragraph ( j
):
Neither enrollment in the VA healthcare system nor eligibility to enroll is required to be an eligible veteran for the purposes of payment of per diem for nursing home care.
[83 FR 61275, Nov. 28, 2018, as amended at 89 FR 45601, May 23, 2024]
§ 1022.32 Sharing medical information with affiliates. ( a ) *Scope.* This section applies to any person, except for a person excluded from coverage of this part by section 1029 of the Consumer Financial Protection Act of 2010, title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law 111-203, 124 Stat. 137.
( b ) *In general.* The exclusions from the term “consumer report” in section 603(d)(2) of the Act that allow the sharing of information with affiliates do not apply to a person described in paragraph (a) of this section if that person communicates to an affiliate: ( 1 ) Medical information;
( 2 ) An individualized list or description based on the payment transactions of the consumer for medical products or services; or
( 3 ) An aggregate list of identified consumers based on payment transactions for medical products or services.
( c ) *Exceptions.* A person described in paragraph (a) of this section may rely on the exclusions from the term “consumer report” in section 603(d)(2) of the Act to communicate the information in paragraph (b) of this section to an affiliate: ( 1 ) In connection with the business of insurance or annuities (including the activities described in section 18B of the model Privacy of Consumer Financial and Health Information Regulation issued by the National Association of Insurance Commissioners, as in effect on January 1, 2003);
( 2 ) For any purpose permitted without authorization under the regulations promulgated by the Department of Health and Human Services pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA);
( 3 ) For any purpose referred to in section 1179 of HIPAA;
( 4 ) For any purpose described in section 502(e) of the Gramm-Leach-Bliley Act;
( 5 ) In connection with a determination of the consumer's eligibility, or continued eligibility, for credit consistent with § 1022.30 of this part; or
( 6 ) As otherwise permitted by order of the Bureau.
#### § 59.123 Conference.

At any time, VA may recommend that a conference (such as a design development conference) be held in VA Central Office in Washington, DC, to provide an opportunity for the State and its architects to discuss requirements for a grant with VA officials.

(Authority: 38 U.S.C. 101, 501, 1710, 1742, 8105, 8131-8137)
EXHIBIT (10)(A)



 EXHIBIT 10(a) 

Consent of Independent Registered Public Accounting Firm 







 CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM 

We hereby consent to the use in this Post-Effective Amendment No. 6 to the Registration Statement on Form N-4, File No. 333-185574 under the Securities Act of
1933 and Amendment No. 94 to the Registration Statement on Form N-4, File No. 811-08750 under the Securities Act of 1940 of Separate Account VA BNY of our report dated April 24, 2015 relating to the financial statements of Separate Account VA BNY
and to the use of our report dated April 29, 2015 with respect to the financial statements of Transamerica Financial Life Insurance Company, which appears in such Registration Statement. We also consent to the reference to us under the heading
“Independent Registered Public Accounting Firm” in such Registration Statement. 
 /s/ PricewaterhouseCoopers LLP 

PricewaterhouseCoopers LLP 
 Chicago, Illinois  

April 29, 2015 







 Consent of Independent Registered Public Accounting Firm 

We consent to the reference to our firm under the caption “Independent Registered Public Accounting Firm” in the Statement of Additional Information
and to the use of our reports: (1) dated February 6, 2015, with respect to the statutory-basis financial statements and schedules of Transamerica Financial Life Insurance Company, (2) dated April 25, 2014, with respect to the statutory-basis
financial statements and schedules of Transamerica Life Insurance Company and (3) dated April 25, 2014, with respect to the financial statements of the subaccounts of Separate Account VA BNY and Separate Account VA B, included in Post-Effective
Amendment No. 6 to the Registration Statement (Form N-4, No. 333-185574) and related Prospectus of Transamerica Variable Annuity Series and Partners Variable Annuity Series. 

/s/ Ernst & Young LLP 
 Des Moines, IA 

April 29, 2015
----

            COMMISSION REGULATION (EC) No 1314/2005

of 11 August 2005         

fixing the representative prices and the additional import duties for molasses in the sugar sector applicable from 12 August 2005         

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the market in sugar (1), and in particular Article 24(4) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The representative prices and the additional duties applying to imports of the products referred to in Article 1 of Regulation (EC) No 1422/95 are fixed in the Annex hereto.

Article 2

This Regulation shall enter into force on 12 August 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 11 August 2005.

For the Commission

J. M. SILVA RODRÍGUEZ            

Director-General for Agriculture and Rural Development

----

(1)OJ L 178, 30.6.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 16).

(2)OJ L 141, 24.6.1995, p. 12. Regulation as amended by Regulation (EC) No 79/2003 (OJ L 13, 18.1.2003, p. 4).

(3)OJ 145, 27.6.1968, p. 12. Regulation as amended by Regulation (EC) No 1422/95.

----

ANNEX

Representative prices and additional duties for imports of molasses in the sugar sector applicable from 12 August 2005

----

(1)  This amount replaces, in accordance with Article 5 of Regulation (EC) No 1422/95, the rate of the Common Customs Tariff duty fixed for these products.

(2)  For the standard quality as defined in Article 1 of amended Regulation (EEC) No 785/68.

----