alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals,

Eleventh Circuit.

No. 96-3450

Non-Argument Calendar.

UNITED STATES of America, Plaintiff-Appellee,

v.

James Wiley NICHOLS, Defendant-Appellant.

Oct. 15, 1997.

Appeal from the United States District Court for the Northern District of Florida. (No. 1:96-CR-12-

MMP), Maurive M. Paul, Judge.

Before HATCHETT, Chief Judge, EDMONDSON, Circuit Judge, and CLARK, Senior Circuit

Judge.

PER CURIAM:

This is an appeal from defendant-appellant James Wiley Nichols' conviction for possession

of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g)(1). On appeal, Nichols raises

four issues: whether the district court erred in accepting his guilty plea, whether this sentence was

improperly enhanced, whether the district court erred in sentencing him to consecutive terms of

imprisonment, and whether § 922(g)(1) is unconstitutional. We reject these claims and affirm.

 Although the issue of whether a district court must advise a defendant during a guilty plea

of his right to testify is one of first impression in this circuit, it appears that Nichols' rights were

protected. The district court complied with the dictates of Fed.R.Crim.P. 11(c)(3). It advised

Nichols that he had the right "to a trial by jury ... to compel the attendance of witnesses, and to have

those witnesses present to testify in your behalf at any trial" and that, by pleading guilty, he waived

"any defense whatsoever" that he might have. These questions logically advised Nichols that, by

pleading guilty, he could not testify in his own defense.

 Because Nichols possessed the firearm during escape status, and admitted that he possessed

it to facilitate living in the wild during his escape, the district court's determination that he possessed

a firearm in connection with his escape was not clearly erroneous. It also appears that the district
 1

Scarborough v. United States, 431 U.S. 563, 571, 97 S.Ct. 1963, 1967, 52 L.Ed.2d 582

(1977). 

 2

United States v. McAllister, 77 F.3d 387, 389 (11th Cir.1996); United States v. Chisholm,

105 F.3d 1357, 1358 (11th Cir.1997) (holding that McAllister remains binding precedent). 

2

court did not plainly err in determining that Nichols merited consecutive sentences for his crimes

as the record reflects that the court considered the appropriate factors enumerated in 18 U.S.C. §

3553(a).

 Finally, Title 18 § 922(g)(1) makes it illegal for a felon to "possess in or affecting

commerce, any firearm or ammunition." Although the issue of whether the statute is

unconstitutional because the term "commerce" is not defined as "interstate or foreign commerce"

is one of first impression in this circuit, the Supreme Court has held that the phrase "in or affecting

commerce" indicates a Congressional intent to assert its full Commerce Clause power.1 Further, this

court has held that " § 922(g)(1) is not an unconstitutional exercise of Congress's power under the

Commerce Clause...."2

Nichols' conviction and sentence are, therefore, AFFIRMED.
§ 127.321 Release of LNG. ( a ) The operator of the waterfront facility handling LNG must ensure that— ( 1 ) No person releases LNG into the navigable waters of the United States; and
( 2 ) If there is a release of LNG, vessels near the facility are notified of the release by the activation of the warning alarm.
( b ) If there is a release of LNG, the person in charge of shoreside transfer operations must— ( 1 ) Immediately notify the person in charge of cargo transfer on the vessel of the intent to shutdown;
( 2 ) Shutdown transfer operations;
( 3 ) Notify the COTP of the release; and
( 4 ) Not resume transfer operations until authorized by the COTP.
[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 88-049, 60 FR 39796, Aug. 3, 1995; USCG-2019-0444, 87 FR 5691, Feb. 2, 2022]
VIP.Docs-000089 All VIP 26 A 000026

Case 0:22-cv-61553-WPD Document 62-9 Entered on FLSD Docket 07/18/2023 Page 1 of 1
135 San Lorenzo Avenue, Suite 770, Coral Gables, Florida 33146

TEL 305.230.4884 FAX 305.230.4844

www.fairlawattorney.com

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 1:22-CV-22671-ALTONAGA/TORRES

DELIO BATISTA,

CARLOS LOPEZ,

MARIANA LOPEZ AND

RAFAELA VALIENTE,

Plaintiff,

vs.

AVANT ASSURANCE INC.,

REINIER CORTES, AND

ANDREA GONZALEZ

QUINTERO,

Defendants.

______________________________/

NOTICE OF DISSOCIATION AS COUNSEL FOR PLAINTIFF 

 

Brian H. Pollock, Esq., of the FairLaw Firm, notifies the Court and all parties that Toussaint 

Cummings, Inc., has dissociated himself from the firm and is no longer of record for Plaintiff Delio

Batista, Carlos Lopez, Mariana Lopez, and Rafaela Valiente, in this action.

Dated this 25th day of August 2023.

s/Brian H. Pollock, Esq.

Brian H. Pollock, Esq.

Fla. Bar No. 174742

brian@fairlawattorney.com

FAIRLAW FIRM

135 San Lorenzo Avenue

Suite 770

Coral Gables, FL 33146

Tel: 305.230.4884

Counsel for Plaintiff

Case 1:22-cv-22671-CMA Document 118 Entered on FLSD Docket 08/25/2023 Page 1 of 1
#### § 167.1701 In Prince William Sound: Precautionary areas.

(a) *Cape Hinchinbrook.* A precautionary area is established and is bounded by a line connecting the following geographical positions:

| Latitude | Longitude |
| --- | --- |
| 60°20.59′ N | 146°48.18′ W |
| 60°12.67′ N | 146°40.43′ W |
| 60°11.01′ N | 146°28.65′ W |
| 60°05.47′ N | 146°00.01′ W |
| 60°00.81′ N | 146°03.53′ W |
| 60°05.44′ N | 146°27.58′ W |
| 59°51.80′ N | 146°37.51′ W |
| 59°53.52′ N | 146°46.84′ W |
| 60°07.76′ N | 146°36.24′ W |
| 60°11.51′ N | 146°46.64′ W |
| 60°20.60′ N | 146°54.31′ W |

(b) *Bligh Reef.* A precautionary area is established of radius 1.5 miles centered at geographical position 60°49.63′ N, 147°01.33′ W.

(c) *Pilot boarding area.* A pilot boarding area located near the center of the Bligh Reef precautionary area is established. Regulations for vessels operating in these areas are in § 165.1109(d) of this chapter.

[USCG-2001-10254, 67 FR 53743, Aug. 19, 2002]
#### § 13.01-10 Gold and silver bars.

No person shall receive more than one Gold Lifesaving Medal and one Silver Lifesaving Medal; but any person who has received or may hereafter receive a Gold or Silver Lifesaving Medal and who again performs an act which would entitle him to receive another medal of the same class, may be awarded, in lieu of a second medal of the same class, a gold or silver bar, as the case may be, to be worn with the medal already bestowed, and for every such additional act, an additional bar may be awarded. Gold and silver bars may be awarded posthumously.
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





In connection with the Quarterly Report of Avenue Group, Inc. (the Company) on Form 10-K for the fiscal year ended December 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Levi Mochkin, certify, pursuant to 18 U.S.C. section 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 and 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.



A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.



Date: April 14, 2009

| |                                      
| | -------------------------------------
| |                                      
| | /s/ LEVI MOCHKIN                     
| | Levi Mochkin                         
| | Chief Executive Officer and President
1 The Honorable William A. Knox, United States Magistrate Judge for the Western District of Missouri, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c). 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 09-1158

___________ Kathy Lee Blake, * * Appellant, * * Appeal from the United States v. * District Court for the Western * District of Missouri. Tyson Foods, Inc., * * [UNPUBLISHED] Appellee. *

___________ Submitted: December 30, 2009 Filed: January 7, 2010

___________ Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges.

___________ PER CURIAM. Kathy Blake appeals the district court’s 1 adverse grant of summary judgment in her employment discrimination action. After reviewing the record de novo, and viewing it in the light mostfavorable to Blake, see Didier v. Schwan Food Co. , 465 F.3d 838, 841 (8th Cir. 2006) (standard of review), we conclude that summary judgment was proper for the reasons stated by the district court. Accordingly, we affirm. See 8th Cir. R. 47B.
[Federal Register Volume 65, Number 109 (Tuesday, June 6, 2000)]
[Notices]
[Page 35911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14137]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER00-2558-000]


Duke Energy Corporation; Notice of Filing

May 25, 2000.
    Take notice that on May 22, 2000, Duke Energy Corporation (Duke), 
tendered for filing a Service Agreement with Public Service Company of 
Colorado for Transmission Service under Duke's Open Access Transmission 
Tariff.
    Duke requests that the proposed Service Agreement be permitted to 
become effective on May 12, 2000.
    Duke states that this filing is in accordance with Part 35 of the 
Commission's Regulations and a copy has been served on the North 
Carolina Utilities Commission.
    Any person desiring to be heard or to protest such filing should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street, NE, Washington, DC 20426, in 
accordance with Rules 211 and 214 of the Commission's Rules of Practice 
and Procedure (18 CFR 385.211 and 385.214). All such motions and 
protests should be filed on or before June 12, 2000. Protests will be 
considered by the Commission to determine the appropriate action to be 
taken, but will not serve to make protestants parties to the 
proceedings. Any person wishing to become a party must file a motion to 
intervene. Copies of this filing are on file with the Commission and 
are available for public inspection. This filing may also be viewed on 
the Internet at http://www.ferc.fed.us/online/rims.htm (call 202-208-
2222 for assistance).

Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 00-14137 Filed 6-5-00; 8:45 am]
BILLING CODE 6717-01-M
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUL-31-1999
<PERIOD-END>                               OCT-31-1998
<CASH>                                           2,901
<SECURITIES>                                         0
<RECEIVABLES>                                   13,258
<ALLOWANCES>                                     (369)
<INVENTORY>                                     14,355
<CURRENT-ASSETS>                                30,723
<PP&E>                                          15,514
<DEPRECIATION>                                   6,229
<TOTAL-ASSETS>                                  44,796
<CURRENT-LIABILITIES>                           40,683
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            70
<OTHER-SE>                                     (9,943)
<TOTAL-LIABILITY-AND-EQUITY>                    44,796
<SALES>                                         25,669
<TOTAL-REVENUES>                                25,669
<CGS>                                           18,802
<TOTAL-COSTS>                                   25,507
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 495
<INCOME-PRETAX>                                    262
<INCOME-TAX>                                       100
<INCOME-CONTINUING>                                162
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       162
<EPS-PRIMARY>                                      .06
<EPS-DILUTED>                                      .06
        

</TABLE>
§ 127.1315 Preliminary transfer inspection. Before each transfer, the person in charge of transfer for the facility must— ( a ) Inspect piping and equipment within the marine transfer area for LHG to be used for transfer and ensure that it meets the requirements in this part;
( b ) Determine the contents, pressure, temperature, and capacity of each storage tank to or from which LHG will be transferred, to ensure that it is safe for transfer;
( c ) Confer with the person in charge of transfer aboard the vessel, to review and agree on— ( 1 ) The sequence of acts required for transfer;
( 2 ) The rate, maximum working pressure, and minimum working temperature of transfer;
( 3 ) The duties, stations, and watches of each person assigned for transfer; and
( 4 ) The emergency procedures in the examined Emergency Manual;
( d ) Ensure that the vessel is securely moored and that the transfer connections allow it to move to the limits of its moorings without placing a strain on the piping, hose, or loading arm used for transfer;
( e ) Ensure that each part of the transfer system is aligned to allow the flow of LHG to the desired place;
( f ) Ensure the display of the warning signs required by § 127.1113;
( g ) Ensure that the requirements of this part concerning smoking and fire protection are met;
( h ) Ensure that qualified personnel are on duty in accordance with the examined Operations Manual and §§ 127.1301 and 127.1302; and
( i ) Test the following to determine that they are operable: ( 1 ) The communication system required by § 127.1111.
( 2 ) The gas detectors required by § 127.1203.
[CGD 88-049, 60 FR 39796, Aug. 3, 1995, as amended by USCG-2019-0444, 87 FR 5691, Feb. 2, 2022]
SECRETARY OF STATE
DIVISION OF CORPORATIONS
PILED 09:00 AM 04/23/2001
01019394 7 .. 2674098

                            CERTIFICATE OF AMENDMENT
                                       OF
                          CERTIFICATE OF INCORPORATION
                                       OF
                                Cosmoz.com, Inc.
                                ----------------

         Cosmoz.com, Inc., a  corporation  organized  and existing  under and by
virtue of the General Corporation Law of the State of Delaware.

DOES HEREBY CERTIFY:
         FIRST: That at a meeting of the Board of Directors of Cosmoz.com,  Inc.
resolutions  were  duly  adopted  setting  forth  a  proposed  amendment  of the
Certificate of Incorporation of said corporation, declaring said amendment to be
advisable  and calling a meeting of the  stockholders  of said  corporation  for
consideration thereof: The resolution setting forth the proposed amendment is as
follows:

         RESOLVED,  that the Certificate of Incorporation of this corporation be
amended by changing the Article  thereof  numbered  "FIRST" so that,  as amended
said Article shall be and read as follows:

         FIRST:  The name of the corporation is Cosmoz Infrastructure Solutions,
Inc.

         SECOND: The name of the Registered Agent therein and in  charge of upon
whom  process  against  this  Corporation  may be served,  is  Harvard  Business
Services, Inc. The address of the Registered Agent is 25 Greystone Manor, Lewes,
DE 19958, County of Sussex.

         THIRD:  That  thereafter,  pursuant  to  resolution  of  its  Board  of
Directors,  a special meeting of the  stockholders of said  corporation was duly
called and held,  upon  notice in  accordance  with  Section  222 of the General
Corporation  Law of the State of Delaware at which meeting the necessary  number
of shares as required by statute were voted in favor of the amendment.

         FOURTH: That said  amendment  was duly adopted in  accordance  with the
provisions  of  Section  242 of the  General  Corporation  Law of the  State  of
Delaware.

         IN WITNESS WHEREOF,  said Cosmoz.com,  Inc. has caused this certificate
to be signed by its Authorized Officer this 18th day of April, 2001.

By: /s/ Wing Hung Yu
--------------------
Name:   Wing Hung Yu
Title:  Chief Operating Officer
Ex 10.3 Assignment and Assumption Agmt






Exhibit 10.3
ASSIGNMENT AND ASSUMPTION OF PURCHASE AGREEMENT 
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, STEADFAST ASSET HOLDINGS, INC., a California corporation ("Assignor"), hereby assigns to SIR ESTANCIA, LLC, a Delaware limited liability company ("Assignee"), all of Assignor's rights and obligations under and in regard to that certain Purchase and Sale Agreement dated February 15,2012 (as may be amended, the "Purchase Agreement"), between Estancia Tulsa, LLC, a Delaware limited liability company ("Seller") and Assignor for the purchase and sale of that certain real property located in Tulsa, Oklahoma, as more particularly described in Exhibit A attached hereto (the "Property"). 
Assignee hereby agrees to and shall assume, perform and be fully responsible for the performance of all of the obligations of Assignor under the Purchase Agreement. 
All of the provisions, covenants and agreements contained in the Assignment shall extend to and be binding upon the respective legal representatives, successors and assigns of Assignor and Assignee. This Assignment represents the entire agreement between Assignor and Assignee with respect to the subject matter of the Assignment, and all prior or contemporaneous agreements regarding such matters are hereby rendered null and void and of no force and effect. 
(SIGNATURES APPEARS ON FOLLOWING PAGE) 

1






WITNESS THE EXECUTION HEREOF, as of this June 29, 2012. 
ASSIGNOR: 
STEADFAST ASSET HOLDINGS, INC., 
a California corporation
        	
		
	By:
	/s/ Ana Marie del Rio

	 
	Ana Marie del Rio

	 
	Vice President








ASSIGNEE: 
SIR ESTANCIA, LLC 
an Delaware limited liability company 
By:     Steadfast Income Advisor, LLC,
a Delaware limited liability company, 
its Manager 
            	
		
	By:
	/s/ Kevin J. Keating

	 
	Kevin J. Keating

	 
	Chief Accounting Officer






    



2




Exhibit A 


DESCRIPTION OF THE PROPERTY 
Lot 1 in Block 1 of Estancia, a subdivision in the City of Tulsa, Tulsa County, Oklahoma, according to the recorded Plat No. 5938.
Boost Your Immune System in Challenging Times 

Good nutrition and a healthy lifestyle that includes managing stress, physical 

activity, and adequate sleep help to boost your immune system and help you fight 

illness. Immune boosting nutrients are best from food sources. The following are 

great ways to bump up your immune system every time you eat. 

Vitamins, Minerals, and Antioxidants 

Studies have shown that fruits and vegetables provide nutrients—like betacarotene, vitamin C, and vitamin E—that can boost immune function. Because 

many vegetables, fruits, and other plant-based foods are also rich in antioxidants, 

they help reduce oxidative stress.1 

Beta-Carotene: Beta-carotene is a powerful antioxidant that can reduce 

inflammation and boost immune function by increasing disease-fighting cells in 

the body. 

✓ Sources: Sweet potatoes, carrots, and green leafy vegetables. 

Vitamins C and E: Vitamins C and E are antioxidants that help to destroy free 

radicals and support the body’s natural immune response. 

✓ Vitamin C Sources: Red peppers, oranges, strawberries, broccoli, mangoes, 

lemons, and other fruits and vegetables. 

✓ Vitamin E Sources: Nuts, seeds, spinach, and broccoli. 

Vitamin D: Research shows vitamin D supplementation may reduce the risk for 

viral infections, including respiratory tract infections, by reducing production of 

proinflammatory compounds in the body. 

✓ Food sources: Fortified cereals, plant-based/cow milks, fish, supplements. 

Zinc: Zinc is a mineral that can help boost white blood cells, which defend against 

invaders. 

✓ Food sources: meat, nuts, pumpkin seeds, sesame seeds, beans, and lentils. 

Reference 

1. Hughes, D. A. (2000). Dietary antioxidants and human immune function. Nutrition Bulletin, 25(1), 35–41. 

https://doi.org/10.1046/j.1467-3010.2000.00016.x 

Created and Provided by Registered Dietitian Nutritionists (RDN)
IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT SELECTIVE INSURANCE COMPANY OF SC

v. BUREAU OF WORKERS' COMPENSATION FEE REVIEW HEARING OFFICE (THE PHYSICAL THERAPY INSTITUTE) PETITION OF: THE PHYSICAL THERAPY INSTITUTE : : : : : : : : : : : : : : : No. 140 WAL 2014 Petition for Allowance of Appeal from the Order of the Commonwealth Court

ORDER PER CURIAM AND NOW , this 30th day of July, 2014, the Petition for Allow ance of Appeal is DENIED

.
### T E X A S C O U R T O F A P P E A L S , T H I R D D I S T R I C T , A T A U S T I N
NO. 03-010-00033- CV

Bann um , Inc., Appellan t

v. Eugene Mee s d/b /a En core House, App ellee

F ROM TH E DISTRI CT COURT O F TRAVIS CO UNTY, 419 TH JUDICI AL DISTRICT NO. D-1 -GN-0 7-0 0249 3, H ONO RAB LE LO RA J. LI VINGSTO N, JUDGE P RESIDING

M E M O R A N D U M O P I N I O N Appellant Bannum, I nc. an d ap p ell ee Eug ene Mees d/b/ a Encore House have filed
a joint motion to dismiss the appea l for wa n t o f j u ri sdiction on the basis that the order s to be appea led from are not final, appea lable order s. We g rant the parties’ motion and dismiss the appea l. See Tex. R. App. P . 42.1(a) (2).

J . Woodfin J ones, Chief Just ice Be fore Chief J ustice Jones, J ustices Pemberton a nd Waldrop Dismissed on J oint Moti on Filed: Mar ch 30, 2010
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Case 1:22-cv-22671-CMA Document 89-1 Entered on FLSD Docket 07/05/2023 Page 1 of 2
 





Case 1:22-cv-22671-CMA Document 89-1 Entered on FLSD Docket 07/05/2023 Page 2 of 2