alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

The Honorable Richard G. Kopf, United States District Judge for the District

of Nebraska.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 09-3051

___________

United States of America, *

*

Appellee, * Appeal from the United States

* District Court for the

v. * District of Nebraska.

*

Amina Y. Hayes, also known as Mimi, * [UNPUBLISHED]

*

Appellant. *

___________

Submitted: April 14, 2010 

Filed: April 15, 2010 

___________

Before LOKEN, BYE, and SHEPHERD, Circuit Judges.

___________

PER CURIAM.

Amina Y. Hayes was charged with conspiring to distribute 50 grams or more

of cocaine base, in violation of 18 U.S.C. § 2 and 21 U.S.C. §§ 841(b)(1), 846. Hayes

pleaded guilty in accord with a written plea agreement, broadly waiving the right to

appeal her conviction and sentence. Hayes now appeals, arguing that the district

court1

 imposed an unreasonable 135-month sentence. Counsel filed a brief under

Anders v. California, 386 U.S. 738 (1967), and moved to withdraw. The issue raised

on appeal falls within the scope of Hayes’s appeal waiver, the plea agreement and
-2-

waiver were knowing and voluntary, and no miscarriage of justice results from our

decision to enforce the waiver. See United States v. Andis, 333 F.3d 886, 889-92 (8th

Cir. 2003) (en banc). We have independently reviewed the record under Penson v.

Ohio, 488 U.S. 75, 80 (1988), and found no nonfrivolous issue. Accordingly, we

dismiss the appeal and grant counsel leave to withdraw conditioned on counsel

advising Ms. Hayes of the applicable rehearing and certiorari procedures. 

______________________________
§ 121.559 Emergencies: Supplemental operations. ( a ) In an emergency situation that requires immediate decision and action, the pilot in command may take any action that he considers necessary under the circumstances. In such a case, he may deviate from prescribed operations, procedures and methods, weather minimums, and this chapter, to the extent required in the interests of safety.
( b ) In an emergency situation arising during flight that requires immediate decision and action by appropriate management personnel in the case of operations conducted with a flight following service and which is known to them, those personnel shall advise the pilot in command of the emergency, shall ascertain the decision of the pilot in command, and shall have the decision recorded. If they cannot communicate with the pilot, they shall declare an emergency and take any action that they consider necessary under the circumstances.
( c ) Whenever emergency authority is exercised, the pilot in command or the appropriate management personnel shall keep the appropriate communication facility fully informed of the progress of the flight. The person declaring the emergency shall send a written report of any deviation, through the certificate holder's director of operations, to the Administrator within 10 days after the flight is completed or, in the case of operations outside the United States, upon return to the home base.
[Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as amended by Amdt. 121-253, 61 FR 2614, Jan. 26, 1996; Amdt. 121-333, 72 FR 31682, June 7, 2007]
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

15 CA 12-01473 PRESENT: SCUDDER, P.J., CENTRA, CARNI, LINDLEY, AND SCONIERS, JJ.

WILLIAM JOSEPH DEANGELIS AND KAREN DEANGELIS, PLAINTIFFS-RESPONDENTS,

V MEMORANDUM AND ORDER

MARTENS FARMS, LLC, DEFENDANT-RESPONDENT, AND KRISTIE E. MARION, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

BARTH SULLIVAN BEHR, SYRACUSE (DAVID WALSH OF COUNSEL), FOR DEFENDANT-APPELLANT.
SUGARMAN LAW FIRM, LLP, SYRACUSE (ESAM AHMAD ELBADAWI OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
GOLDBERG SEGALLA LLP, SYRACUSE (KENNETH M. ALWEIS OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Cayuga County (Mark H. Fandrich, A.J.), entered May 23, 2012. The order bifurcated the trial.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: In this negligence action in which plaintiffs seek damages for injuries allegedly sustained by plaintiff William Joseph DeAngelis in a motor vehicle accident, Supreme Court did not abuse its discretion in granting the motion of defendant Martens Farms, LLC (Martens) to bifurcate the trial. Although issues of liability and damages in a negligence action generally “are distinct and severable and should be tried separately” ( Iglesias v Brown , 59 AD3d 992, 993;
see 22 NYCRR 202.42 [a]), an exception to that rule arises where the plaintiff’s injuries have “an important bearing” on the issue of liability ( Parmar v Skinner , 154 AD2d 444, 445; see Kotarski v Kotecki & Sons , 239 AD2d 909, 910). Notably, plaintiffs supported the motion while defendant Kristie E. Marion opposed bifurcation. In opposing the motion, however, Marion failed to establish the need to depart from the general rule ( see Hrusa v Bogdan , 278 AD2d 947, 947; Armstrong v Adelman Automotive Parts Distrib. Corp. , 176 AD2d 773, 773-774; see also Fetterman v Evans , 204 AD2d 888, 889-890).

Entered: March 15, 2013 Frances E. Cafarell Clerk of the Court
GOVERNMENT OF THE DISTRICT OF COLUMBIA 

District Department of the Environment 

*** 

Air Quality Division 

MEMORANDUM 

To: Tommy we11r .J 1 ln/r' 

Director, Dis~ib(6epart ent of the Environment 

FROM: Cecily Beall OM{? 1.:'-f\~ Associate Director, Air Quality Division, DDOE 

DATE: June 25, 2015 

SUBJECT: Hearing Officer's Certification for the Public Hearing on the Proposed 

Interstate Transport Provisions for the 1997 Ozone and the 1997 and 2006 

Fine Particulate Matter Standards and Proposed Revision of the District's 

State Implementation Plan (SIP) 

This is to certify that a public hearing was held at approximately 5:00p.m. June 22, 2015, to give 

the public the opportunity to comment on the District's proposed negative declaration to the U.S. 

Environmental Protection Agency (EPA) to address the interstate transport of pollution to meet 

"infrastructure" requirements of the 1997 ozone and the 1997 and 2006 fine particulate matter 

(PM25) national ambient air quality standards (NAAQS). Once final, the negative declaration 

will be submitted to EPA as a SIP revision. Notice ofthe public hearing was posted in the D.C. 

Register on May 15, 2015 (62 DCR 6156, Notice ID 5454909), and on DDOE's website. 

Cecily Beall of the District Department of the Environment, Air Quality Division, represented 

the District. No one attended the public hearing. 

DISTRICT 

DEPARTMENT 

OF THE 

ENVIRONMENT 

green forward 

1200 First St. NE, 5th Floor, Washington, DC 20002 1 tel: 202.535.2600 I web: ddoe.dc.gov 

W~AR~ * * * 

WASHINGTON 

oc
# Official Journal L 339/2013

| | ISSN 1977-0677
  doi:10.3000/19770677.L_2013.339.eng |
| --- | --- |
| Official Journal
  of the European Union | L 339 |
| | |
| English edition | Legislation | Volume 5617 December 2013 |

ISSN 1977-0677

doi:10.3000/19770677.L_2013.339.eng

Official Journal

of the European Union

L 339

English edition

Legislation

Volume 5617 December 2013

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Regulation (EU) No 1317/2013 of 16 December 2013 amending Annexes II, III and V to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for 2,4-D, beflubutamid, cyclanilide, diniconazole, florasulam, metolachlor and S-metolachlor, and milbemectin in or on certain products (1) | 1 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Regulation (EU) No 1317/2013 of 16 December 2013 amending Annexes II, III and V to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for 2,4-D, beflubutamid, cyclanilide, diniconazole, florasulam, metolachlor and S-metolachlor, and milbemectin in or on certain products (1)

1

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
----

Summary of Community decisions on marketing authorizations in respect of medicinal products from 1 December 2005 to 31 December 2005

(Published pursuant to Article 13 or Article 38 of Regulation (EC) No 726/2004 of the European Parliament and of the Council (1))

(2006/C 20/02)

—   Modification of a marketing authorization (Article 13 of Regulation (EC) No 726/2004 of the European Parliament and of the Council): Accepted

—   Modification of a marketing authorization (Article 38 of Regulation (EC) No 726/2004 of the European Parliament and of the Council): Accepted

Anyone wishing to consult the public assessment report on the medicinal products in question and the decisions relating thereto is invited to contact:

----

(1)OJ L 136, 30.4.2004, p. 1.

----
<PAGE>   1
                                                                   EXHIBIT 10.71


                             MEDICAL DYNAMICS, INC.
                      400 Inverness Drive South, Suite 200
                              Englewood, CO 80112

                                  May 30, 2001


PracticeWorks, Inc.
Attn.:  James K. Price
1765 The Exchange
Atlanta, Georgia 30339

Re:      Amended and Restated Agreement and Plan of Merger and Reorganization

Dear Jim:

         Please allow this letter to serve as confirmation of our agreement that
neither Medical Dynamics, Inc. ("Medical Dynamics") nor PracticeWorks, Inc.
("PracticeWorks") will exercise its right to terminate the Amended and Restated
Agreement and Plan of Merger and Reorganization, as amended ("Agreement"),
pursuant to Section 8.1.B. of the Agreement on or before September 30, 2001.

         In addition, PracticeWorks agrees to use its commercially reasonable
efforts to obtain the consent of its primary lender to modify the Loan Documents
(as defined in the Agreement) to extend the maturity date thereunder to March
31, 2002 and Medical Dynamics agrees that prior to the execution of any
amendment to the Loan Documents, it shall have obtained the consent of the
Principal Shareholders (as defined in the Loan Documents) to the reaffirmation
of the subordination agreements executed by the Principal Shareholders in
connection with the Loan Documents.

         From June 1, 2001 and continuing until the earlier of (i) the
termination of the Agreement or (ii) the Closing Date (as defined in the
Agreement), PracticeWorks will reimburse Computer Age Dentist, Inc., a
wholly-owned subsidiary of the Company ("Computer Age"), on a monthly basis for
the percentage of the costs and expenses, including salary, benefits,
commissions and travel or related expenses associated with Karen Siggel that is
equal to the percentage of time and effort that Mrs. Siggel devotes to the sale,
training or support of PracticeWorks' products and services. PracticeWorks will
reimburse Computer Age for 20% of such costs and expenses for the period April
1, 2001 through May 31, 2001.

         This letter agreement to the extent signed and delivered by means of a
facsimile machine, will be treated in all manner and respects as an original
letter agreement and will be considered to have the same binding legal effect as
if it were the original signed version thereof delivered in person.

                                         Very truly yours,

                                         MEDICAL DYNAMICS, INC.



                                         By:   /s/ Van A. Horsley
                                              ---------------------------------
                                         Its:  CEO
                                              ---------------------------------

AGREED AND ACCEPTED THIS 30TH DAY OF MAY, 2001.

PRACTICEWORKS, INC.



By:   /s/ James A. Cochran
   ----------------------------
Its:         CFO
    ---------------------------
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3693 Introduced in House (IH)]

108th CONGRESS
  1st Session
                                H. R. 3693

 To provide additional resources to the Department of Justice for the 
investigation and prosecution of identity theft and related credit card 
                            and other fraud.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            December 8, 2003

 Mr. Scott of Virginia (for himself, Mr. Coble, Mr. Conyers, Mr. Case, 
Mr. Frost, Mr. Frank of Massachusetts, Mr. Berman, Ms. Schakowsky, Ms. 
    Lee, and Mr. Kucinich) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
 To provide additional resources to the Department of Justice for the 
investigation and prosecution of identity theft and related credit card 
                            and other fraud.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Identity Theft Investigation and 
Prosecution Act of 2003''.

SEC. 2. ADDITIONAL FUNDING FOR IDENTITY THEFT AND RELATED CREDIT CARD 
              AND OTHER FRAUD.

    In addition to any other sums authorized to be appropriated for 
this purpose, there is authorized to be appropriated to the Department 
of Justice, $100,000,000 for the investigation and prosecution of 
identity theft and related credit card and other fraud cases.
                                 <all>
```
# Official Journal L 24/2021

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 24 |
| | |
| English edition | Legislation | Volume 6426 January 2021 |

ISSN 1977-0677

Official Journal

of the European Union

L 24

English edition

Legislation

Volume 6426 January 2021

---

| Contents | | I   Legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Regulation (EU) 2021/56 of the European Parliament and of the Council of 20 January 2021 laying down management, conservation and control measures applicable in the Inter-American Tropical Tuna Convention area and amending Council Regulation (EC) No 520/2007 | 1 |

Contents

I   Legislative acts

page

REGULATIONS

*

Regulation (EU) 2021/56 of the European Parliament and of the Council of 20 January 2021 laying down management, conservation and control measures applicable in the Inter-American Tropical Tuna Convention area and amending Council Regulation (EC) No 520/2007

1

| | | II   Non-legislative acts |
| --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Regulation (EU) 2021/57 of 25 January 2021 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards lead in gunshot in or around wetlands (
  1
  ) | 19 |

II   Non-legislative acts

REGULATIONS

*

Commission Regulation (EU) 2021/57 of 25 January 2021 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards lead in gunshot in or around wetlands (
  1
  )

1

19

| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

---

(1)   Text with EEA relevance.

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
[Federal Register Volume 65, Number 79 (Monday, April 24, 2000)]
[Notices]
[Page 21784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10080]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF INTERIOR

Office of the Secretary


Delaware & Lehigh National Heritage Corridor Commission Meeting

AGENCY: Department of Interior, Office of the Secretary.

ACTION: Notice of meeting.

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

SUMMARY: This notice announces an upcoming meeting of the Delaware & 
Lehigh National Heritage Corridor Commission. Notice of this meeting is 
required under the Federal Advisory Committee Act (Public Law 92-463).
    Meeting Date and Time: Friday, May 12, 2000; 1:30-4 p.m.
    Address: Eckley Miner's Village, R.R. #2, Box 236, Weatherly, PA 
18225.
    The agenda for the meeting will focus on implementation of the 
Management Action Plan for the Delaware and Lehigh National Heritage 
Corridor and State Heritage Park. The Commission was established to 
assist the Commonwealth of Pennsylvania and its political subdivisions 
in planning and implementing an integrated strategy for protecting and 
promoting cultural, historic and natural resources. The Commission 
reports to the Secretary of the Interior and to Congress.

SUPPLEMENTARY INFORMATION: The Delaware & Lehigh National Heritage 
Corridor Commission was established by Public Law 100-692, November 18, 
1988 and extended through Public Law 105-355, November 13, 1998.

FOR FURTHER INFORMATION CONTACT: C. Allen Sachse, Executive Director, 
Delaware & Lehigh National Heritage Corridor Commission, 10 E. Church 
Street, Room A-208, Bethlehem, PA 18018; (610) 861-9345.

    Dated: April 18, 2000.
C. Allen Sachse,
Executive Director, Delaware & Lehigh National Heritage Corridor 
Commission.
[FR Doc. 00-10080 Filed 4-23-00; 8:45 am]
BILLING CODE 6820-PE-M
March 19, 2015

	In accordance with the enclosed Memorandum Opinion, below is the judgment in the numbered cause set out herein to be entered in the Minutes of this Court as of the 19th day of March, 2015.

10-15-00026-CR	CARLOS ALVAREZ PEREZ III v. THE STATE OF TEXAS - ON APPEAL FROM THE 220TH DISTRICT COURT OF HAMILTON COUNTY - TRIAL COURT NO.  CR07970 - DISMISSED - Memorandum Opinion by Justice Scoggins:

“This cause came on to be heard on the transcript of the record, and the same being considered, because it is the opinion that this Court lacks jurisdiction and that the appeal should be dismissed; it is therefore ordered, adjudged and decreed that the appeal be, and hereby is, dismissed for want of jurisdiction.  It is further ordered that costs of appeal be, and hereby are, adjudged against Appellant and that this decision be certified below for observance.”

# image1.png
Pursuant to5 T H C IR . R. 47.5 , th e co urt has determi ned that this opinionsho uld not * be publishe d an d is not precede nt except und er the limit ed circu mstance s set forth in 5 T H C IR . R. 47.5 .4. 

### INTHE U NI TED S TATESCOU RT OFAPPEALS

FORTHE FIFTH CIRCU IT

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UN I TE D S TA TE S OF AM ERI CA P l ai n t i f f

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- 357- 1
B e fo r e H IG G IN B O T H A M , D E N N IS , a n d P R A D O , C ir c u it J u d g e s . P E R C U R I A M: * Th e Feder alPu bl i c D ef enderappoi nt ed t o r epr es ent K evi n D avi s has
m o ve d f o r l e av e t o w i t hdr aw a nd has f i l e d a b r i e f

i n a c c o r da nc e w i t h A nder s v. C a lifo rn ia , 3 8 6 U. S
. 7 3 8 ( 1 9 6 7 )
. Da v i s h a s n o t f i l e d a r e s p o n s e . Our i nde pe nde nt r e vi e w o f t he r e c o r d a nd c o uns e l ’ s b r i e f di s c l o s e s no no nf

r i vo l o us is s u e fo r a p p e a l. A c c o r d i n g ly , co u n s e l’ s m o tio n fo r le a v e to w ith d r a w is GRANTED, c o u n s e l i s e x c u s e d f r o m f u r t h e r r e s p o n s i b i l i t i e s h e r e i n , a nd t he A P P E A L IS D IS M IS S E D
. S ee 5 T H C IR . R. 42. 2. United States Court of A pp eals Fifth Circuit 

### F I L E D Februar y 18, 2009 Cha rl es R. F ulb ru g e II I Clerk
§ 797.1 Scope. This part establishes NCUA procedures for the collection of certain debts owed to the United States. ( a ) This part applies to collections by NCUA from: ( 1 ) Federal employees who are indebted to NCUA;
( 2 ) Employees of NCUA who are indebted to other agencies or NCUA; and
( 3 ) Former federal employees who are indebted to NCUA.
( b ) This part does not apply: ( 1 ) To debts or claims arising under the Internal Revenue Code of 1986 (Title 26, U.S. Code), the Social Security Act (42 U.S.C. 301 *et seq.*), or the tariff laws of the United States;
( 2 ) To a situation to which the Contract Disputes Act (41 U.S.C. 601 *et seq.*) applies;
( 3 ) In any case where collection of a debt is explicitly provided for or prohibited by another statute;
( 4 ) To debts owed to or payments made by NCUA in connection with NCUA's conservatorship, liquidation, supervision, enforcement, or insurance responsibilities pursuant to 12 U.S.C. 1786 and 1787, nor does it limit or affect NCUA's authority with respect to debts and/or claims pursuant to 12 U.S.C. 1752(a) and 1766.
( c ) Nothing in this part precludes the compromise, suspension, or termination of collection actions, where appropriate, under standards implementing the Debt Collection Improvement Act (DCIA) (31 U.S.C. 3711 *et seq.*), the Federal Claims Collection Standards (FCCS) (31 CFR parts 900 through 904); or any other applicable law.
SunTrust Mortgage, Inc.
Mail Code CC-502
P.O. Box 4333
Atlanta, GA 30302
Tel (770) 352-5610
Fax (770) 352-5832

Ralph B. Carrigan
President, Chief Operating Officer

SUNTRUST
(LOGO)

February 3, 1999

Arthur Andersen LLP
133 Peachtree Street, NE
Atlanta, Georgia 30303

Dear Sirs:


As of and for the year ended  December 31,  1998,  SunTrust  Mortgage,  Inc. has
complied in all material respects with the minimum servicing standards set forth
in the Mortgage  Bankers  Association of America's  Uniform  Single  Attestation
Program for Mortgage Bankers. As of and for this same period, SunTrust Mortgage,
Inc.  had in effect a  fidelity  bond and  errors  and  omissions  policy in the
amounts of $100,000,000 and $20,000,000 respectively.

Sincerely,

Ralph B. Carrigan President/COO

RBC/amg