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

No. 16

- 30828 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee

v. DION PAUL BARNES, also known as Douglas M. Barnes, also known as Christopher Singleton, also known as Terrell Rios, also known as Myron Brooks, Defendant-Appellant

Appeal from the United States District Court for the Western District of Louisiana USDC No. 3:15 -CR- 133 -1

Before STEWART, Chief Judge, and JOLLY and JONES, Circuit Judges. PER CURIAM: * Dion Paul Barnes appeals his conviction and sentence following his guilty plea, pursuant to a written agreement, to conspiracy to make, utter, and possess counterfeit securities. He argues , for the first time on appeal , that the Government bre ached its agreement to recommend a third

- level reduction in his offense level for acceptance of responsibility and to permit him to freely

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 R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

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

### FILED May 2, 2017 Lyle W. Cayce Clerk Case: 16-30828 Document: 00513975520 Page: 1 Date Filed: 05/02/2017No. 16

- 30828

2 litigate the loss amount attributable to him . W e review for plain error. See Puckett v. United States , 556 U.S. 129, 134 , 143 (2009); United States v. Hinojosa , 749 F.3d 407, 411 (5th Cir. 2014)

. We look to whether the Government’s conduct was consistent with the parties ’ reasonable understanding of the agreement. See Hinojosa , 749 F.3d at 413 ; United States v. Gonzalez , 309 F.3d 882, 886 (5th Cir. 2002). Here, t he Government satisfied its obligation when it moved in the plea agreement for a

one- point reduction

. Absent the district court’s award of the initial two levels for acceptance of responsibility, the Government cannot be said to have had any further obligation under the plea agreement with respect to acceptance of responsibility. See U.S.S.G. § 3E1.1(b); Hinojosa , 749 F.3d at 413 ; United States v. Hernandez -Garcia , 442 F. App’x 136, 1 37 (5th Cir. 2011) ; United States v. Stetzel , 183 F. App’x 432, 434 (5th Cir. 2006)

. Nor does the record show that the Government breached the plea agreement with respect to Barnes’s freedom to litigate the loss amount, as the Government’s argument was that Barnes was not entitled to a two

- level reduction because he had lied and had denied relevant conduct. Even if, for the sake of argument, the Government’s objection to Barnes’s receiving a reduction for acceptance of responsibility was contrary to Barnes ’s reasonable understanding of the agreement, he cannot show the Government’s purported breach affected his substantial rights. See Hinojosa , 749 F.3d at 411. Given Barnes’s conduct with respect to his identity and that he denied all relevant conduct, he was not entitled to a two

- level reduction for acceptance of responsibility under § 3E1.1(a). See U.S.S.G. § 3E1.1(a) , (b), comment. (nn.1(A), 3)

. The judgment of the district court is AFFIRMED. Case: 16-30828 Document: 00513975520 Page: 2 Date Filed: 05/02/2017
# Troop Support hosts DLA Aviation leaders

/ Published Oct. 25, 2018
PHILADELPHIA, 
Leaders from the Defense Logistics Agency Troop Support hosted DLA Aviation maintenance facility commanders in Philadelphia Oct. 18 to discuss support programs that affect the facilities.

The heads of the Construction & Equipment and Industrial Hardware supply chains updated the visiting commanders on their operations’ impact on aviation maintenance.

During his presentation, Industrial Hardware Director Air Force Col. Adrian Crowley stressed the importance of their partnership.

“You are our primary customers. By volume, by sales, by backorders, by almost every measure, you’re it,” Crowley said. “We need you as much as you need us. If you need help, just reach out to us.”

The commanders also received an update on a C&E acquisition program for items such as sealants and lubricants. They shared ideas on collaborative efforts to increase communications as the program evolves. 

“Coming together like this is good for the team,” Air Force Col. Paul Smith Jr., DLA Aviation commander at Ogden Air Logistics Center, Utah, said. “It gives us a chance to really understand what’s going on, be a part of the solution and help us communicate things out to the field.”
 The commanders finished their visit with a tour of the Flag Room, where they had the opportunity to see the employees hand-embroider a vice presidential flag.
# DLA-procured police-presence kits delivered to Iraqi security forces

/ Published July 18, 2017
PHILADELPHIA, 
On the verge of victory in Mosul, Iraqi security forces received police equipment that they’ll use to protect their citizens. 

The first Police Presence in a Box kits were transferred to Iraqi security forces July 3 during a ceremony in Baghdad. The Combined Joint Task Force – Operation Inherent Resolve transferred the kits after procuring them through the Defense Logistics Agency Troop Support.

The kits are “temporary stations that provide a local police force with the equipment necessary to establish themselves in areas where ISIS has destroyed their infrastructure,” Canadian Brig. Gen. David Anderson, the multinational task force’s director of partner force development and ministerial liaison team, said during a press briefing July 6.

The kits are the first of 100 that will be transferred this summer.

“The imminent liberation of Mosul rids Iraq of ISIS and sets conditions for political reconciliation,” Anderson said. “The coalition’s role in preparing for what comes after ISIS is to train and equip hold forces and area security forces so stabilization can occur.”

Iraq Prime Minister Haider al-Abadi declared that Mosul was firmly under control of Iraqi security forces July 9. 

The kits come in a shipping container and include:
      - Tent with working space
      - Furniture
      - Lighting
      - Water tanks
      - Generator 
      - Laptops
      - Phones
      - GPS equipment
      - Weapons storage
      - Checkpoint equipment
      - Two pick-up trucks

“The contents can be unpacked and set up quickly to allow the police to immediately begin serving their citizens,” Anderson said.

The task force procured the kits, minus the trucks, through DLA Troop Support’s Construction and Equipment supply chain. Rodney Farrell supports U.S. Central Command customers through C&E’s Maintenance, Repair and Operations program.

He said he began working with four task force officers in January to determine what items should be included in the kits. The regional MRO prime vendor eventually set up warehouse space in Baghdad to put the kits together. 

While Iraq security forces have gained control of Mosul, the threat of ISIS in Iraq remains. Rebuilding this first responder capability is one of the foundations of the civil security required by the people of Iraq to help defeat ISIS in this next phase, according to a CJTF-OIR press release July 10. 

The Police Presence in a Box kits will be followed by kits designed to enable similar capability for Iraq’s border service, Anderson said.
Exhibit 21

                               NCT Group, Inc.

                                 SUBSIDIARIES



                                        Jurisdiction
Name                                    of Incorporation
Ownership                               or Organization          Equity

NCT Muffler, Inc.                         Delaware               100%
NCT Far East, Inc.                        Delaware               100%
NCT Medical Systems, Inc.                 Delaware                90%
Noise Cancellation Technologies 
  (Europe) Ltd.                              UK                  100%
2020 Science Limited                         UK                  100%
Analog/NCT Supply Ltd.                    Delaware                50%
Chaplin Patents Holding Co., Inc.         Delaware               100%
Harris Supply L.L.C.                      Delaware                50%
NCT Audio Products, Inc.                  Delaware                76.9%
NCT Hearing Products, Inc.                Delaware               100%
DistributedMedia.com, Inc.                Delaware               100%
Advancel Logic Corporation                California            ~100%
No. 00-7093.

#### Perry *v.*United States.

C. A. 1st Cir. Cer-tiorari denied.
**ERS Rural County Typology Codes  (86005)**
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1672 Introduced in Senate (IS)]

109th CONGRESS
  1st Session
                                S. 1672

     To suspend temporarily the duty on aminoguanidine bicarbonate.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 12, 2005

 Mr. Santorum introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
     To suspend temporarily the duty on aminoguanidine bicarbonate.

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

SECTION 1. SUSPENSION ON DUTY ON AMINOGUANIDINE BICARBONATE.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``      9902.39.14      Aminoguanidine      Free         No change        No change        On or before 12/  ''.
                         bicarbonate (CAS                                                   31/2009
                         No. 2582-30-1)
                         (provided for in
                         subheading
                         2928.00.50)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
to articles entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
# Scrap handler hits the road for Camp Kinser

/ Published June 26, 2017
Okinawa, Japan, 
The scrap operations personnel at the DLA Disposition Services site at Okinawa, Japan, have some new help thanks to a late night road trip from Naha.

Arriving at the military port in Naha around 2 a.m., Logistics Chief Rocky Chavana and his colleagues went to work to safely transport a very large scrap handler from the port to Camp Kinser. Chavana said the movement did require some detailed coordination that began with a ground transportation request through the Marine Corps Base road master that also had to be approved by the Japanese for transport on public roadways. He noted the item was too tall to transport on a trailer so it had to be driven on Okinawa’s Route 58 with lead and follow on escort vehicles.

“The drive was quite challenging as the item does not have a steering wheel, but rather joysticks with a slide lever to steer the turning wheels,” Chavana said. “My driver practiced on the machine numerous times before we attempted to make the drive.”

Chavana said the drive took approximately 1.5 hours to travel the required 10 kilometers. He noted that the unit itself is not designed to travel at a high rate of speed, and the 12-foot height of the boom required a close watch to ensure it would safely clear overpasses and street signs.

“The route of travel was mapped out and taken very slowly so that no damage occurred to the machine, pedestrian vehicles or overpasses in transit,” Chavana explained. “The movement occurred during the hours of 2 to 3 a.m. so that traffic patterns would be minimal and obstruction to pedestrians were minimized.
Besides getting a big hand with the scrap at Camp Kinser, the staff can also enjoy the nice radio system and the air conditioning in their new rig.
#### Emil MORTON, individually and as Trustee, for David Morton, Peter Morton and Robert Morton, and Lottie Morton, Appellant, v. David MORTON, Peter Morton, and Robert Morton, Appellees.

No. 69-70.

District Court of Appeal of Florida. Third District.

Oct. 15, 1969.

Pallot, Silver, Pallot, Stern & Proby, Miami, for appellant.

Benjamin S. Schwartz, Miami, for appellees.

Before BARKDULL, HENDRY and SWANN, JJ.

PER CURIAM.

Involved in this litigation is the validity of certain inter vivos trusts which were irrevocable. The trial judge held the trusts valid and determined the interests of the beneficiaries.

We find this ruling without error and affirm. See: Reid v. Barry, 93 Fla. 849, 112 So. 846; Cooey v. Cooey, 132 Fla. 716, 182 So. 202; § 689.05, Fla.Stat., F.S.A.; 33 Fla.Jur., Trusts, §§ 12, 14; Bogart, Trusts & Trustees, 2d ed., §§ 63, 81, 149; Perry on Trusts, 7th ed., §§ 78, 81, 82, 96, 100.

Affirmed.
# HQC employees participate in fitness event to ‘Honor the Warrior’

/ Published March 29, 2018

More than 130 McNamara Headquarters Complex employees dressed for a sunny yet unseasonably chilly 5K run/walk March 27. Participants stretched and warmed up alongside colleagues and then ran, walked and wheeled in support of this year’s theme, “Honor the Warrior.” 

Alex Cano, a contract specialist with Defense Logistics Agency Energy, was the top male finisher, with a time of 19:09.

Diane Mogard, an intelligence operations specialist with the Defense Threat Reduction Agency, was the top female finisher, with a time of 21:59. First-place walkers were DLA contractor Tony Alegria and Shari Fuzzell, a program and management analyst from DLA Energy. Their times were 49:23 and 47:15, respectively.

Mogard said she appreciated the opportunity to participate in a weekday event, since weekend races usually conflict with her family duties. She’s also new to DTRA, and this was her first run at the McNamara HQC. 

“I really like that [the HQC] does fitness events like this during the workday; it’s a good way to get people involved,” she said. “I hadn’t run around Belvoir before, so I was excited to find that there are trails; I’ll probably use them now that I know where they are.”

Both Mogard and Fuzzell said they appreciated the friendliness of the volunteers and fitness center staff.“It was great weather for the 5K, and I thoroughly enjoy the walking experience outdoors and the views,” Fuzzell said. “[I’d like] to thank the volunteers at every station for their time and gracious assistance.”

Cano, who’s placed first in several HQC races, said he appreciates any opportunity to run, especially outdoors. He noted while the weather was “perfect,” runners should always dress appropriately for the weather; he wore a hat and layers of clothing.

“What drives me to run these races is the thrill of it. I enjoy the fresh air, scenery and runner’s high,” he said. “The theme, Honor the Warrior, is great because we recognize what the warfighter does for our country and our everyday lives.” 

 Mogard agreed. “I’m also an Army spouse, so I definitely support the military in my professional and personal life.”

 After the race, participants were treated to water, fruit and bagels in the HQC cafeteria. The first 100 people to register for the event received t-shirts, and all were eligible to register for drawings from the event’s sponsors.
Exhibit 23.2



Consent of Independent Registered Public Accounting Firm



American Physicians Service Group, Inc.

Austin, Texas



We hereby consent to the incorporation by reference in the Registration Statements on Form S-8 (No. 333-07427, No. 333-62233, No. 333-116848, No. 333-133544 and No. 333-141887) of American Physicians Service Group, Inc. of our report dated March 3, 2009, relating to the consolidated financial statements and financial statement schedules for the two years ended December 31, 2008, which appear in this Form 10-K.



/s/  BDO Seidman, LLP





Houston, Texas

March 3, 2010
# Mr. George Atwood

### Deputy Director, DLA Acquisition

### 

### 

Mr. George Atwood assumed the position as the Deputy Director, DLA Acquisition (J7), in December 2022. As J7 Deputy, serves as Head of the Contracting Activity (HCA) for DCSO, Disposition and Distribution, the DLA Competition Advocate, the DLA Senior Services Manager and the Contracting Functional Area Leader.

Mr. Atwood previously served as Executive Director, Logistics, Policy, and Strategic Programs Directorate (J34) for DLA Logistics Operations (J3), beginning in November 2016. He was responsible for development and dissemination of enterprise-wide policy of key business and supply chain management functions for order fulfillment, planning, stock positioning, retail sustainment, transportation, distribution network, disposition, technical/quality, and logistics research and development functions. Prior to his time in J3, Mr. Atwood’s was the Deputy Commander of DLA Energy where he was responsible for providing the Department of Defense and other government agencies with comprehensive energy solutions in the most effective and efficient manner possible.

Mr. Atwood has been with DLA for 29 years, beginning in 1994 with DLA Energy and working his way up through the organization to the Deputy Commander position. He is DAWIA Level III certified in Contracting and Life Cycle Logistics. Mr. Atwood holds a Bachelor of Science in Business Management from Virginia Tech University. He has a Master of Science in National Resource Strategy and completed the Defense Acquisition University’s Senior Acquisition Course from the National Defense University, Dwight D. Eisenhower School for National Security and Resource Strategy.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1499 Introduced in Senate (IS)]

109th CONGRESS
  1st Session
                                S. 1499

To amend the Federal Power Act to provide for competitive and reliable 
       electricity transmission in the Commonwealth of Kentucky.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 26, 2005

 Mr. Bunning (for himself and Mr. McConnell) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL

 
To amend the Federal Power Act to provide for competitive and reliable 
       electricity transmission in the Commonwealth of Kentucky.

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

SECTION 1. KENTUCKY COMPETITIVE ACCESS PROGRAM.

    Section 212(j) of the Federal Power Act (16 U.S.C. 824k(j)) is 
amended by striking the period at the end and inserting ``: Provided 
further, That this subsection shall not apply to any area in the 
Commonwealth of Kentucky.''.
                                 <all>
```
The district court heard arguments from counsel and

determined that an evidentiary hearing was not required because Cleveland's claim was not supported by the record. The district court noted that Cleveland "had been declared competent prior to entering his plea," and that his guilty plea was entered knowingly and voluntarily. The district court also found that the State was prejudiced by the delay in the filing of Cleveland's motion and that laches applied. Because of the absence of good cause and prejudice to overcome the procedural bars, and the further determination that Cleveland's motion lacked merit, we conclude that the district court did not err by denying his motion. Accordingly, we

ORDER the judgment of the district court AFFIRMED.

Pickering Saitta

cc: Hon. Robert W. Lane, District Judge Chesnoff & Schonfeld Nye County District Attorney Attorney General/Carson City Nye County Clerk

SUPREME COURT

OF NEVADA 2

(0) I94Th
#### KILLEARN PROPERTIES, INC., a Florida Corporation, Appellant, v. Charles Glennon ROWELL, Norman D. Heydenburg, David W. Stuart, Joseph Jenkins and Fred Q. Vroom, Appellees.

No. II-257.

District Court of Appeal of Florida, First District.

April 14, 1978.

Edward S. Jaffry of Horne, Rhodes, Jaf-fry, Stephens, Bryant, Horne & Chapman, Tallahassee, for appellant.

Harry Lewis Michaels, Tallahassee, for appellee.

PER CURIAM.

The necessary prerequisites to the maintenance of a class action are discussed in two recent opinions of this court, *Cordell v. World Insurance Company,*352 So.2d 108 (Fla. 1st DCA 1977) and *Smith v. Atlantic Boat Builder Company,*356 So.2d 359 (Fla.1st DCA 1978) Opinion Filed March 13, 1978, Case No. HH-298, and authorities therein cited and discussed. No useful purpose will be achieved by repetition here. Suffice to say, that the mere fact that some members of a proposed class may not ultimately be entitled to relief does not result in *269inability to maintain the suit as a class action.

AFFIRMED.

McCORD, C. J., and BOYER and SMITH, JJ., concur.
#### Nick DENLEY v. BOARD OF SUPERVISORS OF TALLAHATCHIE COUNTY ex rel. Gerald CHATHAM, District Attorney.

No. 50472.

Supreme Court of Mississippi.

Aug. 2, 1978.

Joe L. Tennyson, Charleston, J. W. Kel-lum, Sumner, for appellant.

John W. Whitten, Jr., Sumner, for appel-lee.

Before PATTERSON, C. J., and WALKER and BOWLING, JJ.

AFFIRMED.
**Meat Animals, Production, Disposition & Income--Final Estimates (95907)**
Appeal Reinstated; Motion Granted; Appeal Dismissed and Memorandum 

Opinion filed July 27, 2017.

In The 

Fourteenth Court of Appeals 

NO. 14-15-00407-CV

IFS2I CONSULTING LLC AND IFS2I FRANCE, Appellants 

V.

GOLDVEIN, S.A., Appellee 

On Appeal from the 240th District Court 

Fort Bend County, Texas 

Trial Court Cause No. 13-DCV-211220 

M E M O R A N D U M O P I N I O N 

This is an appeal from a judgment signed February 20, 2015. The appeal was 

abated on May 19, 2015. On July 24, 2017, appellants filed a motion to dismiss the 

appeal. See Tex. R. App. P. 42.1. The motion is granted. 

Accordingly, the appeal is reinstated and dismissed. 

PER CURIAM 

Panel consists of Justices Boyce, Donovan, and Jewell
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 Iowa Telecommunications Services, Inc., (the Company) on Form 10-Q for the period ending June 30, 2009 (the Report), I, Alan L. Wells, Chief
Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:

(1) The Report fully complies with the requirements of section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934 as amended; and

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



|                    |  |  |  |                                                                                                                   
|------------------- |  |  |  | ------------------------------------------------------------------------------------------------------------------
|Date: July 29, 2009 |  |  |  | /s/ Alan L. Wells                                                                                                 
|                    |  |  |  | Alan L. Wells                                                                                                     
|                    |  |  |  | President, Chief Executive Officer and Director Principal Executive Officer Iowa Telecommunications Services, Inc.



46
**Dry Beans and Peas (86003)**