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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 09-5062

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

MARTA ERWIN PERRY,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern 

District of North Carolina, at New Bern. Louise W. Flanagan, 

Chief District Judge. (5:09-cr-00106-FL-1)

Submitted: June 17, 2010 Decided: June 23, 2010

Before MOTZ and KING, Circuit Judges, and HAMILTON, Senior 

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Thomas P. McNamara, Federal Public Defender, G. Alan DuBois, 

Assistant Federal Public Defender, Eric J. Brignac, Research and 

Writing Specialist, Raleigh, North Carolina, for Appellant. 

George E. B. Holding, United States Attorney, Anne M. Hayes, 

William M. Gilmore, Assistant United States Attorneys, Raleigh, 

North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

A federal grand jury indicted Marta Erwin Perry for 

possession of a firearm after having previously been convicted 

of a crime punishable by a term of imprisonment exceeding one 

year, in violation of 18 U.S.C. § 922(g)(1) (2006). Perry filed 

a motion to dismiss the indictment that the district court 

denied. Perry then entered a guilty plea to the charge, 

reserving his right to appeal the denial of his motion to 

dismiss. The court sentenced Perry to eighty-four months of 

imprisonment and Perry now appeals. Finding no error, we 

affirm.

On appeal, Perry argues that the district court erred 

in denying his motion to dismiss the indictment. We review a 

district court’s denial of a motion to dismiss an indictment de 

novo. United States v. Brandon, 298 F.3d 307, 310 (4th Cir. 

2002) (citation omitted); see United States v. Thornton, 554 

F.3d 443, 445 (4th Cir. 2009) (reviewing whether state felony 

offense is a crime of violence de novo). 

Perry argues that he was legally innocent of violating 

§ 922(g)(1) because his prior convictions for breaking and 

entering, larceny, speeding to elude, and breaking and entering 

a vehicle were not punishable by a term of imprisonment 

exceeding one year. While Perry’s argument is concededly 

foreclosed by United States v. Harp, 406 F.3d 242, 246-47 (4th 
3

Cir. 2005), he argues that the subsequent decisions in United 

States v. Rodriguez, 553 U.S. 337 (2008), and United States v. 

Pruitt, 545 F.3d 416 (6th Cir. 2008), have undermined this 

court’s holding in Harp. We have thoroughly reviewed the record 

and the relevant legal authorities and conclude that our holding 

in Harp is consistent with the Supreme Court’s decision in 

Rodriguez. Further, to the extent Pruitt may be inconsistent 

with Harp, decisions by our sister circuits are simply not 

binding upon this court.

We therefore affirm the judgment of the district 

court. 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 in the decisional 

process. 

AFFIRMED
III

105TH CONGRESS

2D SESSION S. RES. 304

Tendering the thanks of the Senate to the Vice President for the courteous,

dignified, and impartial manner in which he has presided over the deliberations of the Senate.

IN THE SENATE OF THE UNITED STATES

OCTOBER 15 (legislative day, OCTOBER 2), 1998

Mr. LOTT submitted the following resolution; which was considered and agreed

to

RESOLUTION

Tendering the thanks of the Senate to the Vice President

for the courteous, dignified, and impartial manner in

which he has presided over the deliberations of the Senate.

1 Resolved, That the thanks of the Senate are hereby

2 tendered to the Honorable Al Gore, Vice President of the

3 United States and President of the Senate, for the cour4 teous, dignified, and impartial manner in which he has

5 presided over its deliberations during the second session

6 of the One Hundred Fifth Congress.

Æ
AO 450 (Rev. 5/85) Judgment in a Civil Case r

United States District Court

WESTERN DISTRICT OF WASHINGTON

DENNIS W. SOMERVILLE

JUDGMENT IN A CIVIL CASE

v.

WARDEN MARTINEZ, et al 

CASE NUMBER: C06-5363RJB/KLS

 Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried

and the jury has rendered its verdict.

 XX Decision by Court. This action came to trial or hearing before the Court. The issues have been

tried or heard and a decision has been rendered.

 IT IS ORDERED AND ADJUDGED

That the Report and Recommendation is adopted.

 March 20, 2007 BRUCE RIFKIN 

Date Clerk

 s/CM Gonzalez 

Deputy Clerk

Case 3:06-cv-05363-RJB Document 32 Filed 03/20/07 Page 1 of 1
III

105TH CONGRESS

2D SESSION S. RES. 228

To authorize the printing of a document entitled ‘‘Washington’s Farewell

Address’’.

IN THE SENATE OF THE UNITED STATES

MAY 12, 1998

Mr. WARNER (for himself and Mr. FORD) submitted the following resolution;

which was considered and agreed to

RESOLUTION

To authorize the printing of a document entitled

‘‘Washington’s Farewell Address’’.

1 Resolved, That the booklet entitled ‘‘Washington’s

2 Farewell Address’’, prepared by the Senate Historical Of3 fice under the direction of the Secretary of the Senate,

4 be printed as a Senate document.

5 SEC. 2. The Senate document described in section 1

6 shall include illustrations and shall be in the style, form,

7 manner, and printing as directed by the Joint Committee

8 on Printing after consultation with the Secretary of the

9 Senate.
2

SRES 228 ATS

1 SEC. 3. In addition to the usual number of copies,

2 there shall be printed 600 additional copies of the docu3 ment specified in section 1 for the use of the Secretary

4 of the Senate.

Æ
STATE OF CONNECTICUT 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

HEARING CERTIFICATION 

This certifies in accordance with the provisions of Title 40 Code of Federal Regulations Part 

51 .102 that the actions listed below were taken regarding the Connecticut Regional Haze State 

Implementation Plan. 

1) The public hearing was held on August 27, 2009 as announced in the notice of 

hearing (copy attached) ; 

2) In accordance with the notice, materials were available for review in each Air 

Quality Control Region (AQCR) in Connecticut; 

3) Copies of the notice were mailed to the directors of the air pollution control 

agencies in New York, New Jersey, Rhode Island and Massachusetts along with a 

copy to the Director of the Air Management Division of Region I of the U.S . 

Environmental Protection Agency; and 

4) The notice of hearing was published in newspapers as follows : 

Newspaper AQCR Date 

Connecticut Post (Bridgeport) 43 July 27, 2009 

Hartford Courant 42 July 27, 2009 

New London Day 41 July 27, 2009 

The Register Citizen (Torrington) 44 July 27, 2009 

October 26, 2009 

Date 

Bureau of Air Management 

Wendy J. Jacotfs 

(Printed on Recycled Paper) 

79 Elm Street 9 Hartford, CT 06106-5127 

www.ct.gov/dep 

An Equal Opportunity Employer
|Effigy MoundsAdministrative HistoryNPS Logocover of documentTHE PERPETUAL MARCHAn Administrative History of EffigyMounds National MonumentbyJill York O'Bright1989National Park ServiceMidwest Regional OfficeOmaha, NebraskaTABLE OF CONTENTSefmo/adhi/adhi.htmLast Updated: 08-Oct-2003 | Effigy MoundsAdministrative History                                                                                                                                                        | NPS Logo | cover of document | THE PERPETUAL MARCHAn Administrative History of EffigyMounds National MonumentbyJill York O'Bright1989National Park ServiceMidwest Regional OfficeOmaha, NebraskaTABLE OF CONTENTS
|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | -------- | ----------------- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|Effigy MoundsAdministrative History                                                                                                                                                                                                                                                                    | NPS Logo                                                                                                                                                                                   
|cover of document                                                                                                                                                                                                                                                                                       | THE PERPETUAL MARCHAn Administrative History of EffigyMounds National MonumentbyJill York O'Bright1989National Park ServiceMidwest Regional OfficeOmaha, NebraskaTABLE OF CONTENTS
# Official Journal C 296A/2010

| | ISSN 1725-2423
  doi:10.3000/17252423.CA2010.296.eng |
| --- | --- |
| Official Journal
  of the European Union | C 296A |
| | |
| English edition | Information and Notices | Volume 5330 October 2010 |

ISSN 1725-2423

doi:10.3000/17252423.CA2010.296.eng

Official Journal

of the European Union

C 296A

English edition

Information and Notices

Volume 5330 October 2010

---

| Notice No | Contents | page |
| --- | --- | --- |
| | V   Announcements |
| | ADMINISTRATIVE PROCEDURES |
| | European Commission |
| 2010/C 296A/01 | Vacancy for the Executive Director of the European Medicines Agency (EMA) (Grade AD 15) — COM/2010/10286 | 1 |

Notice No

Contents

page

V   Announcements

ADMINISTRATIVE PROCEDURES

European Commission

2010/C 296A/01

Vacancy for the Executive Director of the European Medicines Agency (EMA) (Grade AD 15) — COM/2010/10286

1

---

REVIEW OF COMPETITION C A OJs

Please find below the list of C A published during the present year.

Unless otherwise indicated, OJs are published in all language versions.

| 5 | (FR) |
| --- | --- |
| 9 | |
| 19 | (FR) |
| 23 | (DE/ES/PT) |
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| 61 | (DE/EN/FR) |
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| 66 | (BG/RO) |
| 67 | (ES) |
| 70 | (PT) |
| 73 | (FI) |
| 74 | (SV) |
| 91 | |
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| 104 | |
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| 116 | (ET) |
| 119 | |
| 129 | (EL) |
| 137 | (LT/LV/MT) |
| 138 | (BG/CS/LT/PL/RO/SK) |
| 143 | (DE/EN/FR) |
| 144 | (DE/EN/FR) |
| 146 | (DA/FI/MT) |
| 147 | (FI) |
| 149 | (IT) |
| 150 | (BG/CS/LT/PL/RO/SK) |
| 151 | |
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| 156 | (PL) |
| 157 | |
| 163 | |
| 164 | |
| 171 | (IT) |
| 178 | (DE/EN/FR) |
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| 188 | (DA/DE/EN/FR/SL) |
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| 192 | (DE/EN/FR) |
| 196 | (BG/EN/NL/RO/SL) |
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| 204 | (EN/FR) |
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| 227 | (EN/FR) |
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| 242 | (BG/LT/LV/MT/PL/RO/SK/SL) |
| 248 | (DA/DE/EN/LT/NL/RO) |
| 249 | |
| 253 | |
| 254 | (DE/EN/FR) |
| 256 | (RO) |
| 257 | (CS/PL) |
| 261 | |
| 262 | |
| 265 | |
| 266 | (RO) |
| 269 | (BG/CS/LT/PL/RO/SK) |
| 278 | |
| 285 | (EN/ES/FR/NL) |
| 286 | (HU) |
| 287 | (DE/EN/FR) |
| 289 | |
| 290 | |
| 292 | |
| 296 | |

5

(FR)

9

19

(FR)

23

(DE/ES/PT)

28

48

53

56

57

60

61

(DE/EN/FR)

62

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(BG/RO)

67

(ES)

70

(PT)

73

(FI)

74

(SV)

91

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104

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(ET)

119

129

(EL)

137

(LT/LV/MT)

138

(BG/CS/LT/PL/RO/SK)

143

(DE/EN/FR)

144

(DE/EN/FR)

146

(DA/FI/MT)

147

(FI)

149

(IT)

150

(BG/CS/LT/PL/RO/SK)

151

155

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(PL)

157

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(IT)

178

(DE/EN/FR)

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(DA/DE/EN/FR/SL)

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(DE/EN/FR)

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(BG/EN/NL/RO/SL)

201

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(EN/FR)

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(EN/FR)

236

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(BG/LT/LV/MT/PL/RO/SK/SL)

248

(DA/DE/EN/LT/NL/RO)

249

253

254

(DE/EN/FR)

256

(RO)

257

(CS/PL)

261

262

265

266

(RO)

269

(BG/CS/LT/PL/RO/SK)

278

285

(EN/ES/FR/NL)

286

(HU)

287

(DE/EN/FR)

289

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296

| EN | |
| --- | --- |

EN
From: coleman1@stpaultel.com

To: E-OHPSCA2713.EBSA

Subject: Comment: RIN 1210-AB44

Date: Wednesday, September 07, 2011 7:53:07 PM

To Whom It May Concern:

I am writing today to ask in the strongest way possible that you rescind the unjust and coercive

mandate that all "contraceptives" and sterilization procedures be covered by private health insurance

with no co-pay to patients. If you do not reverse course I ask you to expand conscience protections for

any organizations that provide individual and group insurance and have moral or religious objections. I

strongly oppose the government forcing free insurance coverage on Americans especially for drugs and

devices that I oppose because some of these can cause an abortion (such as ella and Plan B).

I also ask you to reconsider your definition of religious employer and offer an authentic conscience

protection for any organization and business that has moral or religious objection to providing such

insurance to their employees. This legal mandate clearly violates the spirit of conscience laws which

prohibit government discrimination against those who object to various health services on moral or

religious grounds. The definition of "religious employer" in the regulation is so narrow as to only include

churches, but will still mean that a host of businesses and organizations that have conscience objections

will be required to choose between either violating their conscience or not being able to offer employees

health insurance.

Please protect the conscience rights of insurers, providers and people like me who object to being

forced by the federal government to offer or subsidize contraceptives and sterilization services, especially

when some of these drugs can take the life of early unborn children. No Americans should be forced by

the federal government to essentially subsidize services they object to. I again urge you in the strongest

way possible to reverse course and remove contraceptives and sterilizations from the list of mandatory

preventive services.

Sincerely,

kathleen coleman

Woodburn, OR 97071
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE 
     SEPTEMBER 30, 1997 FORM 10-Q AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
     TO SUCH DOCUMENT.
</LEGEND>
<CIK>              0000876279           
<NAME>             WORLD ACCESS, INC.           
<MULTIPLIER>       1,000               
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-START>                                 JAN-01-1997
<PERIOD-END>                                   SEP-30-1997
<CASH>                                         15,807
<SECURITIES>                                   0
<RECEIVABLES>                                  22,898
<ALLOWANCES>                                   452
<INVENTORY>                                    18,899
<CURRENT-ASSETS>                               64,202
<PP&E>                                         10,917
<DEPRECIATION>                                 6,630
<TOTAL-ASSETS>                                 101,439
<CURRENT-LIABILITIES>                          15,091
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       192
<OTHER-SE>                                     85,855
<TOTAL-LIABILITY-AND-EQUITY>                   101,439
<SALES>                                        71,721
<TOTAL-REVENUES>                               71,721
<CGS>                                          46,643
<TOTAL-COSTS>                                  46,643
<OTHER-EXPENSES>                               9,421
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             95
<INCOME-PRETAX>                                16,398
<INCOME-TAX>                                   5,986
<INCOME-CONTINUING>                            10,412
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   10,412
<EPS-PRIMARY>                                  .56
<EPS-DILUTED>                                  .55
        


</TABLE>
Exhibit 23.1

**Chang G. Park, CPA, Ph.D.**

 **2667 CAMINO DEL RIO S. PLAZA B  / ****SAN DIEGO  /**  **CALIFORNIA 92108-3707**

 TELEPHONE (858) 722-5953**  /** FAX (858) 761-0341 / FAX (858) 433-2979

March 4, 2009

 

*To Whom It May Concern:|*

The firm of Chang G. Park, CPAconsents tothe inclusion of our report of March 3, 2009on the audited financial statements ofZapnaps, Inc.as ofJanuary 31, 2009, in any filings that are necessary now or in the near future with the U.S. Securities and Exchange Commission.

Very truly yours,             

**/s/Chang G. Park**

____________________________

Chang G. Park, CPA            San Diego, CA
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Small Business Administration

          - [License No. 06/06-0356]

                    Notice is hereby given that Independent Bankers Capital Fund IV, L.P., 5949 Sherry Lane, Suite 1472, Dallas, TX 75225, a Federal Licensee under the Small Business Investment Act of 1958, as amended (“Act”), in connection with the financing of a small concern, has sought an exemption under Section 312 of the Act and 13 CFR 107.730 of the Code of Federal Regulations,                     *Financings which Constitute Conflict of Interest,*                     Independent Bankers Capital Fund IV, L.P. (“Licensee”) is proposing to provide financing to Central States Bus Sales, Inc. (“Company”) to support its growth.                

The proposed transaction is brought within the purview of 13 CFR 107.730 because Diamond State Ventures II, L.P. (“DSV”), an Associate of Licensee as defined in 13 CFR 107.50, holds a 10% or greater equity interest in the Company. By virtue of DSV's equity ownership of the Company, the Company is also considered an Associate of the Licensee.

Therefore, the proposed transaction requires a regulatory exemption pursuant to 13 CFR 107.730. Notice is hereby given that any interested person may submit written comments on the transaction within fifteen days of the date of this publication to the Associate Administrator, Office of Investment and Innovation, U.S. Small Business Administration, 409 Third Street SW, Washington, DC 20416.

Bailey DeVries,

Associate Administrator, Office of Investment and Innovation, U.S. Small Business Administration.

[FR Doc. 2023-22441 Filed 10-10-23; 8:45 am]

BILLING CODE P
UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

_____________

No. 16

- 3587

_____________

ROSE MARY KNICK,

Appellant

v.

TOWNSHIP OF SCOTT;

CARL S. FERRARO, Individually and in his Official

Capacity as Scott Township Code Enforcement Officer

_____________

On Appeal from the United States District Court

for the Middle District of Pennsylvania

District Court No. 3

- 14

- cv

- 02223

District Judge: The Honorable A. Richard Caputo

Petition for Writ o f Certiorari Granted

On Remand from the Supreme Court of the United States

Submitted on Remand July 23, 2019

Before: SMITH, Chief Judge, McKEE, and RENDELL, Circuit Judges

Frank J. Bolock, Jr.

212 Front Street

Clarks Summit, PA 18411

J. David Breemer

Pacific Legal Foundation

930 G Street

Sacramento, CA 95814

Counsel for Appellant

Mark J. Kozlowski

William J. McPartland

Thomas A. SpechtMarshall Dennehey Warner

Coleman & Goggin

P.O. Box 3118

Scranton, PA 18505

Counsel for Appellees

________________

JUDGMENT O RDER ON REMAND

FROM THE SUPREME COURT

OF THE UNITED STATES

________________

By opinion and judgment entered July 6, 2017, this Court affirmed the United

States District Court for the Middle District of Pennsylvania ’s dismissal of appellant

Rose Mary Knick’s Fourth Amendment challenge for lack of standing and her Fifth

Amendment takings claim without prejudice pending exhaustion of state

- law

compensation remedies under Williamson County Regional Planning Comm’n v.

Hamilton Bank of Johnson City , 473 U.S. 172 (1 985)

.

By opinion filed June 21, 2019, the Supreme Court of the United States overruled

its prior holding in Williamson County that a property owner whose property has been

taken by a local government has not suffered a violation of his Fifth Amendment r ights

and cannot bring a federal takings claim in federal court until a state court has denied his

claim for just compensation under state law . Thus, the Supreme Court vacated this

Court’s judgment and remanded for further proceedings.

In light of the action taken by the Supreme Court overruling Williams County , it is

hereby O R D E R E D that this Court’s prior opinion is vacated with respect to the Fifth

Amendment takings claim

. This Court’s determination that Knick lacked standing to

advance a Fourth Amendment claim was not considered by the Supreme Court of the

United States on certiorari review. A s such , this Court’s opinion stands with respect to

the Fourth Amendment claim.

Accordingly, it is now hereby ADJUDGED and ORDERED that the judgment of

t he District Court entered September 8, 2016, be and the same is hereby AFFIRMED as

to the dismissal of the Fourth Amendment claims, VACATED as to the dismissal of the

Fifth Amendment claims, and REMANDED for further proceedings . The parties shall

bear the ir own costs.By the Court,

s/ D. Brooks Smith

C hief Judge

ATTEST:

s/ Patricia S. Dodszuweit

Clerk

Date: August 9, 2019