alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15

- 10596 Summary Calendar

UNITED STATES OF AMERICA

,

Plaintiff

–

Appellee

,

v ersus

DAVID ALONZO

,

Defendant

– Appellant

.

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:12

- CR

- 180

Before HIGGINBOTHAM, SMITH, and OWEN, Circuit Judges.

PER CURIAM: *

David Alonzo, federal prisoner # 44847

- 177, seeks leave to proceed in

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances se t forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED December 3, 2015
Lyle W. Cayce Clerk Case: 15-10596 Document: 00513293333 Page: 1 Date Filed: 12/03/2015No. 15

- 10596

2 forma pauperis ( “ IFP ” ) on appeal of the denial of his 18 U.S.C. § 3582(c)(2)

motion to reduce his sentence based on retroactive a mendment 782 to U.S.S.G.
§ 2D1.1. By moving to proceed IFP, Alonzo is challenging the district court’s
certification that his appeal was not taken in good faith because it is frivolous.

See Baugh v. Taylor , 117 F.3d 197, 2 02 (5th Cir. 1997).

Under § 3582(c)(2), a sentence may be modified if it is based on a sen

tenc ing range that subsequently was lowered by the Sentencing Commis sion.

The district court did not err in concluding that Alonzo ’s range was not lowered
by a men dment 782.

Alonzo has failed to show that he will raise a nonfrivolous issue on
appeal. See Howard v. King , 707 F.2d 215, 220 (5th Cir. 1983). Accordingly,
the motion to proceed IFP is DENIED, and the appeal is DISMISSED. See
Baugh , 117 F.3d at 202 n .24; 5 TH C IR

. R. 42.2. Case: 15-10596 Document: 00513293333 Page: 2 Date Filed: 12/03/2015
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5266 Introduced in House (IH)]

106th CONGRESS
  2d Session
                                H. R. 5266

                     For the relief of Saeed Rezai.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 21, 2000

  Mr. Cannon introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
                     For the relief of Saeed Rezai.

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

SECTION 1. PERMANENT RESIDENT STATUS FOR SAEED REZAI.

    (a) In General.--Notwithstanding subsections (a) and (b) of section 
201 of the Immigration and Nationality Act, Saeed Rezai shall be 
eligible for issuance of an immigrant visa or for adjustment of status 
to that of an alien lawfully admitted for permanent residence upon 
filing an application for issuance of an immigrant visa under section 
204 of such Act or for adjustment of status to lawful permanent 
resident.
    (b) Adjustment of Status.--If Saeed Rezai enters the United States 
before the filing deadline specified in subsection (c), he shall be 
considered to have entered and remained lawfully and shall, if 
otherwise eligible, be eligible for adjustment of status under section 
245 of the Immigration and Nationality Act as of the date of the 
enactment of this Act.
    (c) Deadline for Application and Payment of Fees.--Subsections (a) 
and (b) shall apply only if the application for issuance of an 
immigrant visa or the application for adjustment of status is filed 
with appropriate fees within 2 years after the date of the enactment of 
this Act.
    (d) Reduction of Immigrant Visa Number.--Upon the granting of an 
immigrant visa or permanent residence to Saeed Rezai, the Secretary of 
State shall instruct the proper officer to reduce by 1, during the 
current or next following fiscal year, the total number of immigrant 
visas that are made available to natives of the country of the alien's 
birth under section 203(a) of the Immigration and Nationality Act or, 
if applicable, the total number of immigrant visas that are made 
available to natives of the country of the alien's birth under section 
202(e) of such Act.
    (e) Denial of Preferential Immigration Treatment for Certain 
Relatives.--The natural parents, brothers, and sisters of Saeed Rezai 
shall not, by virtue of such relationship, be accorded any right, 
privilege, or status under the Immigration and Nationality Act.
                                 <all>
```
#### § 102-33.305 May we report as excess, or replace, FSCAP and life-limited parts?

Yes, you may report as excess, or replace, FSCAP and life-limited parts, but they require special handling. See the tables in § 102-33.370.
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 635 Introduced in House (IH)]

106th CONGRESS
  1st Session
                                H. R. 635

 To amend part A of title IV of the Social Security Act to permit the 
   use of block grant funds under the Temporary Assistance to Needy 
   Families (TANF) program for classroom construction and hiring of 
          teachers in elementary and secondary public schools.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 9, 1999

 Mr. Collins introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
 To amend part A of title IV of the Social Security Act to permit the 
   use of block grant funds under the Temporary Assistance to Needy 
   Families (TANF) program for classroom construction and hiring of 
          teachers in elementary and secondary public schools.

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

SECTION 1. PERMITTING USE OF FEDERAL WELFARE BLOCK GRANT (TANF) FUNDS 
              FOR CONSTRUCTION OF CLASSROOMS AND HIRING OF TEACHERS IN 
              ELEMENTARY AND SECONDARY PUBLIC SCHOOLS.

    (a) In General.--Section 404(a)(1) of the Social Security Act (42 
U.S.C. 604(a)(1)) is amended by inserting ``and including the 
construction (or rehabilitation) of classrooms and hiring of teachers 
in elementary and secondary public schools'' before the semicolon.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to grants provided for fiscal years beginning with fiscal year 
2000.
                                 <all>
```
# U ni te d S ta te s Co ur t of A pp ea ls For the Eig hth Circu it

__ __ __ __ __ __ __ __ __ __ __ __ __ _ No. 1 0- 32 00

__ __ __ __ __ __ __ __ __ __ __ __ __ _ Uni te d S ta te s o f Am eri ca
ll ll ll ll ll ll ll ll ll ll l Pla in ti

ff - App el le e

v.
Bri an Mo or e
ll ll ll ll ll ll ll ll ll ll l Defe nd

an t - Ap pe ll an t

__ __ __ __ __ __ App eal fro m

Uni te d S ta te s Di st ric t Co ur t fo r th e Dis tri ct of S ou th Dako ta - Sio ux Fal ls

__ __ __ __ __ __ Su bm it te d: Aug us t 1 , 20 12 Fil ed : Au gu st 10 , 20 12 [Un pu bl is he d]

__ __ __ __ __ __ Befo re COLLOTON and BENTON, Circu it Ju dg es , and KOPF, Dis tri ct Ju dg e. 1

__ __ __ __ __ __ PER CURI AM.

Thi s cas e is on rem an d fro m th e Su pr em e Co ur t. In ou r op in io n fil ed Ju ly 14 , 20 11 , Uni te d St at es v. Moo re , 46 1 F. App ’x 51 7 (8t h Cir. 20 11 ), we affi rm ed Bri an

The Hon or ab le Ri ch ard G. Kop f, Uni te d St at es Dis tri ct Ju dg e fo r th e Dis tri ct 1 of Nebr as ka , si tt in g b y

de si gn at io n.Mo or e’s co nv ic ti on un de r 21 U.S.C. § 8 41 (b )(1 )(A), an d we a ffi rm ed hi s s en te nc e.

Mo or e th en pe ti ti on ed th e Su pr em e Co ur t fo r a writ of cert io rari

. The Su pr em e Co ur t gr an te d th e pe ti ti on , va cat ed ou r ju d g men t , an d rem an de d th e cas e fo r fu rth er
co ns id erat io n i n l ig ht of Dor se y v. Uni te d S ta te s , 13 2 S . Ct. 2 32 1 (2 01 2)

.

W e affi rm Mo or e’s co nv ic ti on fo r th e reas on s st at ed in ou r pr io r op in io n. 46 1 F. App ’x at 51 7- 18

. As fo r M o o r e ’s se nt en ce, Dor se y he ld th at “ th e ne w, m or e le ni en t m an da to ry m in im um pr ov is io ns ” of th e Fai r Sen te nc in g Act (“ FSA”) “ ap pl y to of fen de rs who co m

m it te d a crac k coc ai ne cri m e be fo re Augu st 3, 20 10 , bu t were
no t se nt en ced u nt il aft er Aug us t 3.” 13 2 S. Ct

. at 23 26

. Mo or e fit s th e pr of il e de sc rib ed in Dor

se y
. A jury fo un d Mo or e gu il ty of co ns pi rac y t o d i s tri bu te wit h in te nt to di st rib ut e 50 gr am s or m or e of a m ix tu re an d su bs ta nc e co nt ai ni ng co cai ne ba se on Decem

be r 10 , 20 09

. Bec au se Mo or e ha d a qu al ifyin g fel on y drug co nv ic ti on , th e di st ric t co ur t se nt e n c e d h i m on Sep te m be r 23 , 20 10 , to a m an da to ry m in im um
se nt en ce of

20 y ears of i m

pr is on m en t u nd er 2 1 U.S.C. § 84 1( b) (1 )(A). Pu rs ua nt to Dor se y an d th e FSA, th e drug qu an ti t y ran ge fo un d by th e jury no lo ng er req ui res im po si ti on of th e sa m e st at ut or y m an da to ry se nt en ce. W e th eref or e va cat e Mo or e’s

se nt en ce an d rem an d th e cas e to th e di st ric t co ur t fo r res en te nc in g co ns is te nt wit h th e Su pr em e Co ur t’s ru li ng in Dor se y an d t he FSA.

__ __ __ __ __ __ __ __ __ __ __ __ __ __ __

-2

-
I

106TH CONGRESS

1ST SESSION H. R. 559

To provide for the continuation of the United States Advisory Commission

on Public Diplomacy.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 3, 1999

Mr. ROEMER (for himself and Mr. HOUGHTON) introduced the following bill;

which was referred to the Committee on International Relations

A BILL

To provide for the continuation of the United States Advisory

Commission on Public Diplomacy.

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

3 SECTION 1. CONTINUATION OF THE UNITED STATES ADVI4 SORY COMMISSION ON PUBLIC DIPLOMACY.

5 Section 1334 of the Foreign Affairs Reform and Re6 structuring Act of 1998 (Division G of Public Law 105–

7 277) is repealed.

Æ
§ 3055.92 Customer Experience Measurement Surveys. ( a ) The report shall include a copy of each type of Customer Experience Measurement instrument, or any similar instrument that may supersede the Customer Experience Measurement instrument used in the preceding fiscal year.
( b ) The report shall include information obtained from each type of Customer Experience Measurement instrument, or any similar instrument that may supersede the Customer Experience Measurement instrument including: ( 1 ) A description of the customer type targeted by the survey;
( 2 ) The number of surveys initiated and the number of surveys received; and
( 3 ) Where the question asked is subject to a multiple choice response, the number of responses received for each question, disaggregated by each of the possible responses.
0-cr-06241-WJZ Document 7 Entered on FLSD Docket 08/17/2000 Pa
0-cr-06241-WJZ Document 7 Entered on FLSD Docket 08/17/2000 Pa
H. R. 5478

One Hundred Sixth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Monday,

the twenty-fourth day of January, two thousand

An Act

To authorize the Secretary of the Interior to acquire by donation suitable land

to serve as the new location for the home of Alexander Hamilton, commonly

known as the Hamilton Grange, and to authorize the relocation of the Hamilton

Grange to the acquired land.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, That section

2 of Public Law 87–438, as amended by Public Law 100–701;

102 Stat. 4640; 16 U.S.C. 431 note) is amended—

(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘The Secretary

of the Interior’’; and

(2) by adding at the end the following new subsection:

‘‘(b) RELOCATION OF HAMILTON GRANGE.—The Secretary is

authorized to acquire by donation from the City of New York,

New York, a parcel of land or suitable interests in such land,

not to exceed 1 acre, to serve as the new location for the home

of Alexander Hamilton, commonly known as the Hamilton Grange,

and to relocate the Hamilton Grange to such land. The acquired

land or interests in land shall be in close proximity to the original

location of Hamilton Grange and shall be added to and administered

as part of the memorial.’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 22-cv-23074-BLOOM/Otazo-Reyes

OCTAVIO COLLADO,

for himself and all others similarly situated,

Plaintiff,

v.

450 NORTH RIVER DRIVE, LLC, et al.,

Defendants.

_____________________________________/

ORDER DENYING REQUEST FOR EXTENSION

THIS CAUSE is before the Court upon Plaintiff Octavio Collado’s Motion for 

Enlargement of Time to File Statement of Claim. ECF No. [8] (“Motion”). Therein, Plaintiff 

requests an extension of time to file his Statement of Claim until after Defendants produce records 

identifying the hours Plaintiff worked and the compensation he received. Id. at 2. Plaintiff argues 

that, if he is required to file a Statement of Claim now, he will likely have to file an “Amended 

Statement of Claim after receipt of the relevant records[.]” Id. at 4.

As Plaintiff correctly notes, the purpose of the Statement of Claim at the outset of litigation 

in Fair Labor Standards Act cases is “so that the parties can evaluate the value of the claims 

asserted early in the case to determine whether to resolve the case before protracted litigation[.]” 

Id. A perfectly accurate accounting is not necessary to achieve that goal. An estimate, based on 

the Plaintiff’s best recollection as to the hours he worked and compensation he received, will 

suffice.1 As the Eleventh Circuit clarified in Calderon v. Baker Concrete Const., Inc., the 

1 Likewise, to the extent other individuals have consented to join Plaintiff in this case, see ECF Nos. [4], 

[5], [7], it is not unreasonable to expect those individuals to be able to estimate the value of their claims. 

Case 1:22-cv-23074-BB Document 9 Entered on FLSD Docket 09/30/2022 Page 1 of 2
Case No. 22-cv-23074-BLOOM/Otazo-Reyes

2

Statement of Claim “does not have the status of a pleading,” so Plaintiff is not bound by the amount 

requested therein. 771 F.3d 807, 811 (11th Cir. 2014). For that reason, it will not be necessary for 

Plaintiff to file an Amended Statement in the likely event that discovery clarifies the amount of his 

claim.

Accordingly, it is ORDERED AND ADJUDGED that Plaintiff’s Motion, ECF No. [8], 

is DENIED.

DONE AND ORDERED in Chambers at Miami, Florida, on September 29, 2022.

_________________________________

BETH BLOOM

UNITED STATES DISTRICT JUDGE

Copies to:

Counsel of Record

Case 1:22-cv-23074-BB Document 9 Entered on FLSD Docket 09/30/2022 Page 2 of 2
|   | (i) | the      Employee’s employment with a Subsidiary of the Corporation is terminated      for Cause, or if the Employee terminates such employment prior to his or      her Retirement; |
|--------|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | (ii) | the      Employee becomes an employee of a Subsidiary that is not wholly-owned,      directly or indirectly, by the Corporation;or |
|--------|------|------------------------------------------------------------------------------------------------------------------------------------|

| (iii)   | the      Employee takes a leave of absence without reinstatement rights, unless      otherwise agreed in writing between the Corporation (or a Subsidiary or      Affiliate thereof) and theEmployee. |
|-------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 8.   | Securities Law      Requirements. |
|----------------|-----------------------------------|

----

| Deferred      Shares |
|----------------------|
|                 |   |   |
| Officer      Name    |   | Number      of Deferred Shares Granted |
| G.J.      Arpey      |   | 295,000 |
| T.W.      Horton     |   | 113,800 |
| D.      P. Garton    |   | 131,331 |
| R.W.      Reding     |   | 113,800 |
| G.F.      Kennedy    |   | 64,800 |
#### § 102-33.80 Must we comply with OMB Circular A-76 before we acquire Government aircraft?

Yes, before you acquire Government aircraft, you must comply with OMB Circular A-76 (*http://www.whitehouse.gov/omb*). If you are acquiring Federal aircraft, you must ensure that the private sector cannot provide Government aircraft or related aviation services more cost-effectively than you can provide Federal aircraft and related services.
#### § 102-118.465 Must my agency pay interest on a disputed amount claimed by a TSP?

No, interest penalties under the Prompt Payment Act, (31 U.S.C. 3901, *et seq.*), are not required when payment is delayed because of a dispute between an agency and a TSP.
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 22-cv-23753-MOORE/LOUIS

EDWIN GARRISON, et al., on behalf of 

themselves and all other similarly situated,

Plaintiffs,

v.

SAM BANKMAN-FRIED, et al.,

Defendants.

/

ORDER GRANTING MOTION TO APPEAR 

PRO HAC VICE, CONSENT TO DESIGNATION AND REQUEST TO

ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING

THIS CAUSE having come before the Court on the Motion to Appear Pro Hac Vice for 

Jessica Stebbins Bina, Consent to Designation, and Request to Electronically Receive Notices of 

Electronic Filing (the “Motion”), pursuant to the Rules Governing the Admission, Practice, Peer 

Review, and Discipline of Attorneys in the United States District Court for the Southern District of 

Florida and Section 2B of the CM/ECF Administrative Procedures. This Court having considered 

the Motion and all other relevant factors, it is hereby 

ORDERED AND ADJUDGED that:

The Motion is GRANTED. Jessica Stebbins Bina may appear and participate in this action 

on behalf of Thomas Brady and Gisele Bündchen. The Clerk shall provide electronic notification 

of all electronic filings to Jessica Stebbins Bina, at Jessica.StebbinsBina@lw.com. 

DONE AND ORDERED in Chambers at , Florida, this 

day of .

 

 United States District Judge

Copies furnished to: All Counsel of Record

Case 1:22-cv-23753-KMM Document 41-2 Entered on FLSD Docket 01/31/2023 Page 1 of 1
#### § 102-36.465 May we transfer or exchange excess medical shelf-life items with other federal agencies?

Yes, you may transfer or exchange excess medical shelf-life items held for national emergency purposes with any other federal agency for other medical materials or supplies, without GSA approval and without regard to part 102-39 of this chapter. You and the transferee agency will agree to the terms and prices. You may credit any proceeds derived from such transactions to your agency's current applicable appropriation and use the funds only for the purchase of medical materials or supplies for national emergency purposes.

[65 FR 31218, May 16, 2000, as amended at 71 FR 53572, Sept. 12, 2006]
#### § 102-74.445 What is the policy concerning discrimination on Federal property?

Federal agencies must not discriminate by segregation or otherwise against any person or persons because of race, creed, religion, age, sex, color, disability, or national origin in furnishing or by refusing to furnish to such person or persons the use of any facility of a public nature, including all services, privileges, accommodations, and activities provided on the property.
**Exhibit 3.2(xi)**

 

**ELEVENTH AMENDMENT TO**

**SECOND AMENDED ANDRESTATED AGREEMENT**

**OF LIMITED PARTNERSHIP OF**

# **DUKE REALTYLIMITED PARTNERSHIP**

 

The undersigned, as the General Partner of Duke RealtyLimited Partnership (the “Partnership”), hereby amends the Partnership’s SecondAmended and Restated Agreement of Limited Partnership, as heretofore amended(the “Partnership Agreement”), pursuant to Sections 4.02(a) and 9.05(a)(v) ofthe Partnership Agreement, to (a) de-designate all series of preferredunits that were designated as Series B Cumulative Step-Up Premium RatePreferred Units, and (b) delete those exhibits designating and settingforth the rights of the Partnership’s previously issued Series BCumulative Step-Up Premium Rate Preferred Units, which series has since beenredeemed in full and no units of which series are any longer outstanding.  In all other respects, the PartnershipAgreement shall continue in full force and effect as amended hereby.  Any capitalized terms used in this Amendmentand not defined herein have the meanings given to them in the PartnershipAgreement.

 

----

 

[SIGNATURE PAGE TOELEVENTH AMENDMENT TO SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIPOF DUKE REALTY LIMITED PARTNERSHIP]

 

 
| Dated: October 4,  2007 | DUKE REALTY LIMITED  PARTNERSHIP, an Indiana   limited partnership |
|------------------------------|--------------------------------------------------------------------|
|                         |                                                               |   |
|                         | By:                                                                | DUKE REALTY  CORPORATION, an Indiana   corporation, its sole general partner |
|                         |                                                               |   |
|                         |                                                               |   |
|                         |                                                               | By: |   /s/ Howard  L. Feinsand |
|                         |                                                               |   | Howard L. Feinsand |
|                         |                                                               |   | Executive Vice President, General |
|                         |                                                               |   | Counsel  and Corporate Secretary |

 

----