alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
No. 45345.

#### Protest 993627-G of Saji Trading Co. (Los Angeles).

Opinion by

Dallinger, J.

It was stipulated that the merchandise! is not plated and is chiefly used in' the kitchen or household. On the authority of Abstracts 39482 and 42780 the claim at 40 percent under paragraph 339 was sustained.
89–008 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 111–428 

PROVIDING FOR CONSIDERATION OF THE CONCURRENT RESOLUTION (H. 

CON. RES. 248) DIRECTING THE PRESIDENT, PURSUANT TO SECTION 5(c) 

OF THE WAR POWERS RESOLUTION, TO REMOVE THE UNITED STATES 

ARMED FORCES FROM AFGHANISTAN 

MARCH 9, 2010.—Referred to the House Calendar and ordered to be printed 

Mr. MCGOVERN, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 1146] 

The Committee on Rules, having had under consideration House 

Resolution 1146, by a nonrecord vote, report the same to the House 

with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H. Con. Res. 248, directing the President, pursuant to section 5(c) of the War Powers 

Resolution, to remove the United States Armed Forces from Afghanistan, under a closed rule. The resolution provides three hours 

of debate in the House with 90 minutes to be controlled by Rep. 

Kucinich or his designee and 90 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Foreign Affairs. 

The resolution waives all points of order against consideration of 

the concurrent resolution. The resolution also provides that the 

concurrent resolution shall be considered as read. 

EXPLANATION OF WAIVERS

Although the rule waives all points of order against consideration 

of the concurrent resolution, the committee is not aware of any 

points of order. The waiver is prophylactic. 

Æ 


tjames on DSKG8SOYB1PROD with HEARING
A99A0371.

#### MOORE v. THE STATE.

(514 SE2d 73)

Blackburn, Judge.

Basil Lavoid Moore pled guilty to armed robbery and was sentenced to ten years to serve and ten years probation. Moore appeals the trial court’s sentence, contending that it erred in automatically refusing to sentence the defendant under the First Offender Act, OCGA § 42-8-60 et seq.1 As the facts in the record do not support Moore’s enumeration of error, we affirm.

*890Decided March 11, 1999.

*Douglas C. Rogers,*for appellant.

*J. David Miller, District Attorney, Mark E. Mitchell, Assistant District Attorney,*for appellee.

Moore contends that our decision in *Jones v. State,*208 Ga. App. 472 (431 SE2d 136) (1993) requires reversal. In *Jones,*the trial judge stated, in response to a request for first offender treatment, “I have never granted a first offender. I take the position that once you get to the Superior Court, this is a big folks’ court, and I don’t use the first offender treatment. Never have, never intend to.” (Punctuation omitted.) Id. We determined that, although the application of the first offender treatment is in the trial court’s discretion, the trial judge’s complete and uncompromising refusal to consider that option in any circumstance was a failure to exercise such discretion. Id. at 473. Therefore, we vacated the sentence and remanded the case with the direction that the trial court consider first offender treatment. Id.

In the present case, the record does not reflect a mechanical sentencing formula, compare *Jones,*nor does the record show a failure to consider first offender treatment. It merely reflects a decision not to sentence Moore under such discretionary sentencing provisions. We find no abuse of discretion.

*Judgment affirmed.*

*Beasley, P. J., and Barnes, J., concur.*

1

 We note that the legislature amended OCGA § 17-10-6.1 effective March 27, 1998, to disallow the use of the first offender treatment for the conviction of a serious violent felony, including armed robbery. This amendment does not apply to Moore’s sentence as the armed robbery was committed on September 18, 1997, and he entered his guilty plea on March 6, 1998.
[DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit

____________________

No. 21-14364

Non-Argument Calendar

____________________

UNITED STATES OF AMERICA, 

Plaintiff-Appellee,

versus

GARY MAX ANDERSON, 

Defendant-Appellant.

____________________

Appeal from the United States District Court

for the Northern District of Alabama

D.C. Docket No. 2:21-cr-00131-ACA-JHE-1

____________________

USCA11 Case: 21-14364 Date Filed: 06/10/2022 Page: 1 of 2
2 Opinion of the Court 21-14364

Before ROSENBAUM, JILL PRYOR, and GRANT, Circuit Judges.

PER CURIAM:

Appellee’s “Motion to File Motion to Dismiss Under Seal” is 

GRANTED. 

The Government’s motion to dismiss this appeal pursuant 

to the appeal waiver in Appellant’s plea agreement is GRANTED. 

See United States v. Bushert, 997 F.2d 1343, 1350-51 (11th Cir. 1993) 

(sentence appeal waiver will be enforced if it was made knowingly 

and voluntarily); United States v. Bascomb, 451 F.3d 1292, 1297

(11th Cir. 2006) (appeal waiver “cannot be vitiated or altered by 

comments the court makes during sentencing”); United States v. 

Grinard-Henry, 399 F.3d 1294, 1296 (11th Cir. 2005) (waiver of the 

right to appeal includes waiver of the right to appeal difficult or 

debatable legal issues or even blatant error). 

USCA11 Case: 21-14364 Date Filed: 06/10/2022 Page: 2 of 2
<PAGE>

                                                                   Exhibit 3.129


                                     CHARTER

                                       OF

                        THE MEMPHIS APARTMENT GUIDE, INC.
                                                                     K9 1871


            The undersigned natural person, having capacity to contract and
      acting as the incorporator of a corporation under the Tennessee General
      Corporation Act, adopts the following charter for such corporation:

            1. The name of the corporation is The Memphis Apartment Guide, Inc.

            2. The duration of the corporation is perpetual.

            3. The address of the principal office of the corporation in the
      State of Tennessee shall be Suite 720, 5100 Poplar Avenue, Memphis, County
      of Shelby.

            4. The corporation is for profit.

            5. The purpose or purposes for which the corporation is organized
      are:

            To publish, print, bind, sell, deliver and distribute magazines,
            pamphlets, directories, leaflets and papers, and to copyright the
            articles, stories and discussions appearing therein; to sell
            advertising space in such magazines and other publications, and to
            do all such other things as may be necessary or advisable to carry
            on such business.

            6. The maximum number of shares which the corporation shall have the
      authority to issue is fifty thousand (50,000) shares, with $1.00 par
      value.
<PAGE>

                                                                     K9 1871

            7. The corporation will not commence business until consideration of
      One Thousand Dollars ($1,000.00) has been received for issuance of shares.

            Dated January 12, 1976.

                                        /s/ Donald A. Malmo
                                        -----------------------------
                                        DONALD A. MALMO, Incorporator


                                      -2-
|     |                                                                                                                       |
|-----|-----------------------------------------------------------------------------------------------------------------------|
| (1) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and |

|     |                                                                                                                                                     |
|-----|-----------------------------------------------------------------------------------------------------------------------------------------------------|
| (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company. |

|          |
|----------|
|          |  |  |  |
| By  |  /s/ Fokko Pentinga |   |
|     | Fokko Pentinga |   |
|     | Chief Executive Officer |   |
|     | Date: | December 1, 2016 |   |
II 

112TH CONGRESS 

1ST SESSION S. 1822 

To provide for the exhumation and transfer of remains of deceased members 

of the Armed Forces buried in Tripoli, Libya. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 8, 2011 

Mr. HELLER (for himself, Mr. BOOZMAN, and Mr. BROWN of Massachusetts) 

introduced the following bill; which was read twice and referred to the 

Committee on Armed Services 

A BILL 

To provide for the exhumation and transfer of remains of 

deceased members of the Armed Forces buried in Tripoli, 

Libya. 

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

3 SECTION 1. EXHUMATION AND TRANSFER OF REMAINS OF 

4 DECEASED MEMBERS OF THE ARMED 

5 FORCES BURIED IN TRIPOLI, LIBYA. 

6 (a) IN GENERAL.—The Secretary of Defense shall 

7 take whatever actions may be necessary to— 


smartinez on DSK6TPTVN1PROD with BILLS
2 

•S 1822 IS

1 (1) exhume the remains of any deceased mem2 bers of the Armed Forces of the United States bur3 ied at a burial site described in subsection (b); 

4 (2) transfer such remains to an appropriate 

5 forensics laboratory to be identified; 

6 (3) in the case of any remains that are identi7 fied, transport the remains to a veterans cemetery 

8 located in proximity, as determined by the Secretary, 

9 to the closest living family member of the deceased 

10 individual or at another cemetery as determined by 

11 the Secretary; 

12 (4) for any member of the Armed Forces whose 

13 remains are identified, provide a military funeral 

14 and burial; and 

15 (5) in the case of any remains that cannot be 

16 identified, transport the remains to Arlington Na17 tional Cemetery for interment at the Tomb of the 

18 Unknowns. 

19 (b) BURIAL SITES DESCRIBED.—The burial sites de20 scribed in this subsection are the following: 

21 (1) The mass burial site containing the remains 

22 of five United States sailors located in Protestant 

23 Cemetery in Tripoli, Libya. 


smartinez on DSK6TPTVN1PROD with BILLS
3 

•S 1822 IS

1 (2) The mass burial site containing the remains 

2 of eight United States sailors located near the walls 

3 of the Tripoli Castle in Tripoli, Libya. 

4 (c) REPORT.—Not later than 180 days after the ef5 fective date of this section, the Secretary shall submit to 

6 Congress a report describing the status of the actions 

7 under this section. The report shall include an estimate 

8 of the date of the completion of the actions undertaken, 

9 and to be undertaken, under this section. 

10 (d) EFFECTIVE DATE.—This section takes effect on 

11 the date on which Operation Unified Protector of the 

12 North Atlantic Treaty Organization (NATO), or any suc13 cessor operation, terminates. 

14 (e) AVAILABLE FUNDS.—The Secretary of Defense 

15 shall carry out this section using amounts authorized to 

16 be appropriated for the Department of Defense by Acts 

17 enacted before the date of the enactment of this Act. 

Æ 


smartinez on DSK6TPTVN1PROD with BILLS
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.                  

###### Department of Homeland Security

###### Federal Emergency Management Agency 

          - [FEMA-1749-DR] 

# AGENCY:

Federal Emergency Management Agency, DHS. 

# ACTION:

Notice. 

# SUMMARY:

This notice amends the notice of a major disaster declaration for the State of Missouri (FEMA-1749-DR), dated March 19, 2008, and related determinations. 

# DATES:

*Effective Date:*                         April 28, 2008.                     

# FOR FURTHER INFORMATION CONTACT:

Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-2705. 

# SUPPLEMENTARY INFORMATION:

The notice of a major disaster declaration for the State of Missouri is hereby amended to include the following areas among those areas determined to have been adversely affected by the catastrophe declared a major disaster by the President in his declaration of March 19, 2008. 

Dade and Vernon Counties for Public Assistance (already designated for emergency protective measures [Category B], limited to direct Federal assistance, under the Public Assistance program.) 

(The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidential Declared Disaster Areas; 97.049, Presidential Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050 Presidential Declared Disaster Assistance to Individuals and Households—Other Needs, 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.)

R. David Paulison, 

Administrator, Federal Emergency Management Agency.

 [FR Doc. E8-10145 Filed 5-6-08; 8:45 am] 

BILLING CODE 9110-10-P
Exhibit 23.1

            CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM



         We hereby consent to the incorporation by reference in the Registration
Statements on Forms S-8 (No. 333-66620), (No. 333-66123), (No. 333-66121), (No.
333-66119) and (No. 033-63865) of ATC Healthcare, Inc. and Subsidiaries of our
report dated May 7, 2005, except for the last paragraph of Note 8 (a) as to
which the date is June 8, 2005, relating to the February 28, 2005 financial
statements and financial statement schedule, which appears in this Form 10-K/A.



 Goldstein Golub Kessler LLP
New York, New York
September 26, 2005
<PAGE>   1

                                                                     EXHIBIT 21

Staff Builders, Inc. (DE)

         Staff Builders International, Inc. (NY)
         ATC Healthcare Services, Incorporated (GA)
                  ATC Staffing Services, Inc. (DE)
         Albert Gallatin Home Care, Inc. (DE)
         Careco, Inc. (MA)
         T.L.C. Midwest, Inc. (DE)
         Tender Loving Care Health Care Services, Inc. (CT)
         Home Health Care, Inc. (MD)
         Personnel Industries, Inc. (MD)
         T.L.C. Home Health Care, Inc. (FL)

                  T.L.C. Medicare Services of Dade, Inc. (FL)
                  T.L.C. Medicare Services of Broward, Inc. (FL)
                  Tender Loving Care Private Patient Company, Inc. (FL)

         Tender Loving Care Home Care Services, Inc. (NY)

                  U.S. Ethicare Corporation (DE)

                           U.S. Ethicare Albany Corporation (NY)
                           U.S. Ethicare Chautauqua Corporation (NY)
                           U.S. Ethicare Erie Corporation (NY)
                           U.S. Ethicare Niagara Corporation (NY)
                           U.S. Ethicare Onondaga Corporation (NY)
                           Ethicare Certified Services, Inc. (NY)

         Staff Builders, Inc. (NY)
                  Chelsea Computer Consultants, Inc. (NY) (approx. 83%)
                           Millenium Computer Systems, Inc. (NY)
                  SBPP, INC. (DE)
                  Albert Gallatin Services Corporation (PA)
                  S.B.H.F., Inc. (NY)
                  Staff Builders Services, Inc. (NY)
                           MedVisit, Inc. (NC)
                  Staff Builders Home Health Care, Inc. (DE)
                  Staff Builders Prescription Services, Inc. (FL)
                  Staff Builders Prescription Services, Inc. (CO)
                  Professional Detail Services, Inc. (NY)
                  A Reliable Homemaker of Martin-St. Lucie County,
Inc.(FL)
                  St. Lucie Home Health Agency, Inc. (FL)
                  S.B. Assured Home Care, Inc. (DE)
#### Seidel’s Estate.

Argued April 21, 1936.

Before Kephart, C. J., Schaefer, Maxey, Drew, Linn, Stern and Barnes, JJ.

*Mercer B. Tate, Jr.,*of *Montgomery & McCracken,*with him *R. Winfield Baile*and *Paul D. Edelman,*for appellant.

*143
      *Samuel E. Bertolet,*with him *James Wilson Bertolet,*for appellee.

May 25, 1936 :

Per Curiam,

Josephine C. Seidel, testatrix, died leaving a will. After making several specific bequests, she gave the residue to certain named charities, and provided that in the event the charitable bequests should be void by reason of her death within the statutory period, the residue should go to J. Wilmer Fisher, appellee, whom she named her executor. He was the attorney for testatrix, managed her business affairs for a great many years and drafted the will. Testatrix died within the thirty-day statutory period.

The court below found that the alternative gift was accepted by appellee without any understanding, promise or assent on his part to carry out the original wish of the testatrix, and that he consented to be named legatee only on condition that he have full power to use it as he desired without any trust or obligation whatsoever. It therefore awarded the residue to the executor in his individual capacity.

There is ample evidence to support the findings of the court below that appellee was named alternative legatee under the definite and express understanding that he should receive the gift outright and unencumbered by a trust. He met the burden of proof cast upon him by reason of his confidential relationship to testatrix by detailing precisely the circumstances attending the preparation and execution of the will, and by showing that testatrix had a complete understanding of its provisions. Testatrix had full testamentary capacity and the validity of the will is therefore presumed.

Since the findings of the court below are supported by sufficient evidence, they must be accepted as correct: *Couch v. Thompson,*293 Pa. 237; *Kern v. Smith,*290 Pa. 566; *Kaufmann's Est.,*281 Pa. 519. The conclusions of law reached by the court below based on these *144findings are in accord with the legal principles applicable.

Decree affirmed at appellant’s cost.
Before the Second Division,

May 8, 1943

No. 48263.

#### Protests 9435-K, etc., of Millinery Clearing House, Inc. (New York).

Opinion by

Tilson, J.

Upon the agreed facts certain knotted hemp hats and manila hemp hats were held dutiable as hemp hats, not blocked or trimmed, and not bleached, dyed, colored, or stained, at 25 percent ad valorem under paragraph 1504 (b) (1) as claimed. Abstract 46497 and *United States*v. *Armand Schwab*(30 C. C. P. A. 72, C. A. D. 218) followed.
No. 65814.

#### Aut Customs Brokers, Inc. *v.*United States,

protest 60/26295 (New York).

Opinion by

Lawrence, J.

From a review of the record in this case, the court found nothing tending in any way to overcome the presumption of correctness attaching to the classification by the collector. The protest was, therefore, overruled.
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

MATEO GOMEZ SILVESTRE-DIEGO,

a.k.a. El Tigre, a.k.a. Mateo Gomez

Silvestre,

 Defendant - Appellant.

No. 11-50415

D.C. No. 2:10-cr-01057-ODW

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

Otis D. Wright II, District Judge, Presiding

Submitted September 24, 2013** 

Before: RAWLINSON, N.R. SMITH, and CHRISTEN, Circuit Judges.

Mateo Gomez Silvestre-Diego appeals from the district court’s judgment

and challenges the 96-month sentence imposed following his guilty-plea

conviction for conspiracy to harbor and transport illegal aliens, in violation of 8

FILED

OCT 03 2013

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 11-50415

U.S.C. § 1324(a)(1)(A)(v)(I). We have jurisdiction under 28 U.S.C. § 1291, and

we affirm.

Silvestre-Diego contends that the district court procedurally erred when it

based his sentence on an unsubstantiated assumption regarding the frequency with

which he engaged in spousal abuse. We review for plain error, see United States v.

Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010), and find none. Any

factual error by the district court did not affect the sentence imposed. See United

States v. Dallman, 533 F.3d 755, 762 (9th Cir. 2008).

AFFIRMED.
No. 96-7958.

#### Wyatt *v.*United States.

C. A. 7th Cir. Cer-tiorari denied.
# Fourth Court of Appeals

**San Antonio, Texas**

JUDGMENT

No. 04

- 12

- 00830

- CR

Joseph Lester GREEN

, Appellant

v.

The STATE of Texas,

Appellee

From the 38th Judicial District Court, Medina County, Texas

Trial Court No. 11

- 06

- 10686

- CR

Honorable Camile G. DuBose, Judge Presiding

BEFORE JUSTICE MARION

, JUSTICE MARTINEZ , AND JUSTICE CHAPA

In accordance with this court’s opinion of this date , the trial court’s judgment is

REVERSED, and the case is REMANDED to the trial court for a new trial.

SIGNED May 28, 2014.

_____________________________ Rebeca C. Martinez, Justice