alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES DISTRICT COURT

FOR THE

MIDDLE DISTRICT OF PENNSYLVANIA

WILBERT BENOIT, :

:

Petitioner :

:

v. : CIVIL NO. 4:CV-15-1762

:

WARDEN DAVID EBBERT, : (Judge Brann)

:

Respondent :

ORDER

October 16, 2015

In accordance with the accompanying Memorandum, IT IS HEREBY

ORDERED THAT:

1. Benoit’s habeas corpus petition is DISMISSED

WITHOUT PREJUDICE.

2. Petitioner may seek authorization from the United States 

Court of Appeals for the Eleventh Circuit for leave to

file a second or successive § 2255 petition.

3. The Clerk of Court is directed to CLOSE this case.

1

Case 4:15-cv-01762-MWB-JVW Document 5 Filed 10/16/15 Page 1 of 2
4. Based on the Court’s conclusion herein, there is no basis

for the issuance of a certificate of appealability.

BY THE COURT:

 s/ Mathew W. Brann 

Matthew W. Brann

United States District Judge

2

Case 4:15-cv-01762-MWB-JVW Document 5 Filed 10/16/15 Page 2 of 2
# Marine Corps range in Hawaii ‘transformed’ with DLA materials

/ Published Jan. 24, 2018
PHILADELPHIA, 
Marines in Hawaii can now drive vehicles through simulated urban blocks lined with buildings that conceal moving targets they engage with their big guns.

“It’s been a five-year transformation” to create a combat training environment for the Kaneohe Bay Gun Training Facility at Marine Corps Base Hawaii, Ralph Scott Jr., range project manager, said.

The transformation from a range that was a flat, asphalt firing line to a facility with shooting towers and trench systems has been constructed largely with materials that the Defense Logistics Agency Troop Support Pacific provided. 

Over the last two years, DLA has managed the delivery of concrete, lumber, power tools, sand and rebar for the project, said Andrea Del Collo, a forward logistics specialist with DLA Troop Support Pacific in Hawaii.

Scott said that the upgrade project was done “as cost effectively as possible” by procuring the materials through DLA and having the Army’s 84th Engineer Battalion, from Schofield Barracks, Hawaii, design and construct the range.

He also described working with Del Collo and the prime vendor, from which the materials were purchased, as an “above superior process.” It was especially helpful, he said, that they were willing to swap and add materials to orders when needed.

“The flexibility is incredible,” Scott said.

The construction materials were ordered through DLA Troop Support’s Maintenance, Repair and Operations program. Various stationary and moving targets have been procured through the Special Operational Equipment program.

Marines at the base and Army units from Schofield Barracks, both on the island of Oahu, as well as other military units train on the range. Law enforcement agencies such as the Federal Bureau of Investigation, the Drug Enforcement Agency and the Honolulu Police Department also use the range. 

Prior to the upgrade project, they weren’t able to do basic hand grenade training, Scott said. They can now handle and throw live grenades in six-foot deep trenches and six concrete training rooms.

Lumber was used to build three-story towers and barracks, which units can now sleep in during multi-day training scenarios. 

While the range is operational, construction continues and the project will expand to the Pohakuloa Training Area on the Big Island of Hawaii.
IN THE UNITED STATES DISTRICT COURT

FOR THE

MIDDLE DISTRICT OF PENNSYLVANIA

EUGENE HOWARD RAINEY, :

:

Petitioner :

:

v. : CIVIL NO. 4:CV-13-1806

:

SCI-COAL TWP. SUPT., : (Judge Brann)

:

Respondent :

ORDER

June 17, 2016

In accordance with the accompanying Memorandum, IT IS HEREBY

ORDERED THAT:

1. Rainey’s habeas corpus petition is DENIED. 

2. The Clerk of Court is directed to CLOSE this case.

BY THE COURT:

 s/ Matthew W. Brann 

Matthew W. Brann

United States District Judge

1

Case 4:13-cv-01806-MWB-JVW Document 37 Filed 06/17/16 Page 1 of 2
2

Case 4:13-cv-01806-MWB-JVW Document 37 Filed 06/17/16 Page 2 of 2
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 213 Referred in House (RFH)]

109th CONGRESS
  1st Session
                                 S. 213

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 17, 2005

                 Referred to the Committee on Resources

_______________________________________________________________________

                                 AN ACT

 
To direct the Secretary of the Interior to convey certain Federal land 
                   to Rio Arriba County, New Mexico.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rio Arriba County Land Conveyance 
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) County.--The term ``County'' means the County of Rio 
        Arriba, New Mexico.
            (2) Map.--The term ``map'' means the map entitled ``Alcalde 
        Proposed Land Transfer'' and dated September 23, 2004.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 3. CONVEYANCE OF LAND TO RIO ARRIBA COUNTY, NEW MEXICO.

    (a) In General.--Subject to valid existing rights, the Secretary 
shall convey to the County, without consideration, all right, title, 
and interest of the United States in and to the land (including any 
improvements to the land) described in subsection (b).
    (b) Description of Land.--The land referred to in subsection (a) 
consists of approximately 171 acres of land located on the Sebastian 
Martin Land Grant in the vicinity of Alcalde, Rio Arriba County, New 
Mexico, as depicted on the map.
    (c) Reversion.--If any portion of the land conveyed under 
subsection (a) ceases to be used for public purposes the land shall, at 
the option of the Secretary, revert to the United States.
    (d) Conditions on Sales.--If the County sells any portion of the 
land conveyed to the County under subsection (a)--
            (1) the amount of consideration for the sale shall reflect 
        fair market value, as determined by an appraisal; and
            (2) the County shall pay to the Secretary an amount equal 
        to the gross proceeds of the sale, for use by the Director of 
        the Bureau of Land Management in the State of New Mexico, 
        without further appropriation.
    (e) Costs.--The County shall pay any costs associated with the 
conveyance of land under subsection (a).

            Passed the Senate November 16, 2005.

            Attest:

                                             EMILY J. REYNOLDS,

                                                             Secretary.
```
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#### Nancy D. MITCHELL, Appellant, v. Donald A. MITCHELL, Appellee.

No. 69-155.

District Court of Appeal of Florida. Third District.

May 1, 1969.

PER CURIAM.

Affirmed.
* Pursuant to 5TH CIR. 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 5TH CIR. R. 47.5.4.

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

____________________

No. 02-41042

Summary Calendar

____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

LEANDRO GUTIERREZ-ESTRADA,

Defendant-Appellant.

_________________________________________________________________

Appeal from the United States District Court

for the Southern District of Texas

(B-02-CR-45-1)

_________________________________________________________________

March 12, 2003

Before BARKSDALE, DEMOSS, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Leandro Gutierrez-Estrada, convicted for violating 8 U.S.C. §

1326(a), appeals his sentence. Prior to deportation, Gutierrez was

convicted for possession of marijuana for resale, for which he was

sentenced to two years of custody, suspended for two years of

probation. 

Gutierrez contends the district court plainly erred by

increasing his offense level by 12, pursuant to U.S.S.G. §

2L1.2(b)(1)(B). See U.S.S.G., cmt. n.1 (A)(iv) (for purposes of
2

determining whether, inter alia, sentence imposed for drug

trafficking was 13 months or less, “sentence imposed” refers only

to portion of sentence not probated or suspended). Given the lack

of controlling authority in this circuit on this issue, and as

discussed below, any error on the part of the district court was

not “clear or obvious” and, therefore, does not constitute plain

error. See e.g., United States v. Calverley, 37 F.3d 160, 162-64

(5th Cir. 1994) (en banc).

Subsection (b)(1)(B) provides for a 12-level enhancement when

the defendant was previously convicted of a “felony drug

trafficking offense for which the sentence imposed was 13 months or

less”. (Emphasis added.) Arguably, pursuant to § 2L1.2’s abovereferenced commentary, Gutierrez’ “sentence imposed” was zero

months, a period “less” than 13 months. In other words, and

pursuant to the commentary, even though the entire sentence was

probated, the “sentence imposed” is arguably zero months, because

that was the portion of the sentence not probated. Again, because

there is no controlling authority in this circuit, any error did

not meet the required level of being “clear” or “obvious”.

Gutierrez contends that the sentence-enhancing provisions of

8 U.S.C. § 1326(b)(1) and (b)(2) are unconstitutional in the light

of Apprendi v. New Jersey, 530 U.S. 466 (2000). Gutierrez

acknowledges this issue is foreclosed by Almendarez-Torres v.
3

United States, 523 U.S. 224 (1998), but he seeks to preserve it for

Supreme Court review. 

AFFIRMED
### Geology and ground-water resources of the Santa Maria Valley area, California, with a section on surface-water resources

By: George Frank WortsH. G. Thomasson Jr.

                            https://doi.org/10.3133/wsp1000

#### Links

-                                                                                                                             Document:                                                                                                                                                                                                                                                  **Report**                                                                                                     (pdf)                                                                                                                                     
- Plates:                               - **Plate 1**                            (pdf)
  - **Plate 2**                            (pdf)
  - **Plate 3**                            (pdf)
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  - **Plate 6**                            (pdf) 
- NGMDB Index Page:  **National Geologic Map Database Index Page**                            (html)
- Download citation as:  RIS                         |                         Dublin                            Core

#### Abstract

No abstract available.

#### Study Area

Part or all of this report is presented in Portable Document Format                        (PDF). For best results viewing and printing PDF documents, it is recommended that you download                        the documents to your computer and open them with Adobe Reader. PDF documents opened from your                        browser may not display or print as intended. Download the latest version of Adobe Reader, free of charge. More information                        about viewing, downloading, and printing report files can be found at the common download problems FAQ.
### Stream-gaging procedure, a manual describing methods and practices of the Geological Survey

By: Don Melvin Corbett

                            https://doi.org/10.3133/wsp888

#### Links

-                                                                                                                             Document:                                                                                                                                                                                                                                                  **Report**                                                                                                     (pdf)                                                                                                                                     
- Plates:                               - **Plate 8**                            (pdf)
  - **Plate 9**                            (pdf)
  - **Plate 10**                            (pdf)
  - **Plate 11**                            (pdf)
  - **Plate 12**                            (pdf)
  - **Plate 13**                            (pdf)
  - **Plate 14**                            (pdf)
  - **Plate 15**                            (pdf)
  - **Plate 16**                            (pdf)
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  - **Plate 33**                            (pdf) 
- Download citation as:  RIS                         |                         Dublin                            Core

#### Abstract

Part or all of this report is presented in Portable Document Format                        (PDF). For best results viewing and printing PDF documents, it is recommended that you download                        the documents to your computer and open them with Adobe Reader. PDF documents opened from your                        browser may not display or print as intended. Download the latest version of Adobe Reader, free of charge. More information                        about viewing, downloading, and printing report files can be found at the common download problems FAQ.
#### E & E ELECTRIC CONTRACTORS, INC., a Florida corporation, Appellant, v. Myron SINGER, and Eleanor Singer, his wife, Stanley Baumann and Phyliss Baumann, his wife, individually and d/b/a Siba, a partnership, Mrs. Mollie Oliphant and Murray Oliphant, her husband, Appellees.

No. 69-617.

District Court of Appeal of Florida. Third District.

Aug. 21, 1969.

PER CURIAM.

Appeal dismissed.
Exhibit 99.1



  CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER AND CHIEF ACCOUNTING OFFICER OF
            IKON RECEIVABLES, LLC PURSUANT TO 18 U.S.C. SECTION 1350

We certify that, to the best of our knowledge and belief, the Quarterly Report
on Form 10-Q of IKON Receivables, LLC for the period ended June 30, 2002:

(1)      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 results of operations of
         IKON Receivables, LLC.



<TABLE>
<CAPTION>
<S>                                                         <C>
/s/ Russell S. Slack                                          /s/ Harry G. Kozee
--------------------                                          ------------------
Russell S. Slack                                              Harry G. Kozee
President (Principal Executive Officer)                       Vice President - Finance (Chief Accounting Officer)
August 14, 2002                                               August 14, 2002

</TABLE>
Exhibit 11


                      PACE HEALTH MANAGEMENT SYSTEMS, INC.

                         EARNINGS PER SHARE CALCULATION

<TABLE>
<CAPTION>

                                                           Years Ended December 31
                                                 ------------------------------------------
                                                    1996           1995            1994
                                                 -----------   ------------    ------------
<S>                                                <C>            <C>            <C>      
Weighted average number of shares 
outstanding                                        4,506,166      3,091,560      1,069,337

Net loss available for common and common
equivalent shares                                $(4,780,191)   $(2,412,488)   $(3,623,161)

Loss per common and common equivalent share
                                                 $     (1.06)   $     (0.78)   $     (3.39)

</TABLE>

The above computation has been adjusted to reflect a 1-for-1.8 reverse stock
split
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

I, R. Scott Cramer, the Chief Executive Officer of Cyber Group Network
Corporation (the "Company"), certify, pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that to the best of my
knowledge:

(1) the Quarterly Report on Form 10-QSB of the Company for the fiscal quarter
ended March 31, 2004 (the "Report") fully complies with the requirements of
Section 13 (a) or 15 (d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m
or 78o(d)); and

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

Dated: May 20, 2004

                                      /s/ R. Scott Cramer
                                          ---------------
                                          Name: R. Scott Cramer
                                          Title: Chief Executive Officer


<PAGE>
#### Susan K. MATHEWS and Carl L. Mathews, her husband, Appellants, v. The CITY OF TAMPA, a municipal corporation, Appellee.

No. 69-114.

District Court of Appeal of Florida. Second District.

Oct. 15, 1969.

Fowler, White, Collins, Gillen, Humkey & Trenam, Tampa, for appellants.

Laurence I. Goodrich, Tampa, for appel-lee.

HOBSON, Chief Judge.

Appellants-plaintiffs appeal a final judgment entered below which dismissed the appellants’ second amended complaint with prejudice.

*212The trial judge based the dismissal upon the ground that the appellants failed “to allege sufficient facts to show that the defendant received notice of the accident as required by Section 95.241, Florida Statutes, 1967, F.S.A., and Section 409 of the Compiled Charter of the City of Tampa.” The trial court further held that the appellants failed “to allege sufficient facts to show that the defendant has waived or is estopped to rely upon the notice provision as set forth in said Section 95.241, Florida Statutes, 1967 [F.S.A.].” The trial court relied on the case of Rabinowitz v. Town of Bay Harbor Island, Fla.1965, 178 So.2d 9.

The appellee filed its motion to dismiss the appellants’ second amended complaint on two grounds, one being the failure to give notice as required by law; the other being that the appellants failed to allege sufficient facts to create any causal relationship between the appellant Susan K. Mathews’ alleged injuries and the alleged failure of the appellee to re-install a stop sign.

Even assuming the appellants complied with all provisions of the laws pertaining to notice to the appellee, the final judgment must be affirmed on the other ground set forth in appellee’s motion to dismiss. The rule is well established that a correct decision can be supported on grounds other than those assigned by the lower court. Matthews v. Matthews, Fla. App.1965, 177 So.2d 497; 2 Fla.Jur., Appeals, § 297.

In the case of City of Tampa v. Davis, 226 So.2d 450, filed September 17, 1969 in this court and not yet reported, this court held that the city could not be held liable to Davis under the identical facts alleged in appellants’ complaint and, in fact, involving the identical accident as is the basis of the appellants’ claim in the case sub judice.

In view of our holding in City of Tampa v. Davis, supra, and assuming that appellants complied with all laws pertaining to notice to the appellee, we hold that the appellants’ second amended complaint does not state a cause of action against the ap-pellee and, therefore, we

Affirm.

LILES and MANN, JJ., concur.
Exhibit 32

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 annual report of FTD, Inc. (the "Company") on Form 10-K for the period ended June 30, 2004, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), each of the undersigned officers of the Company certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to
§ 906 of the Sarbanes-Oxley Act of 2002, that, to such officer's knowledge:



|Date: September 24, 2004 |  |                      |  |                                      
|------------------------ |  | -------------------- |  | -------------------------------------
|                         |  | /s/MICHAEL J. SOENEN
|                         |  | Name:                |  | Michael J. Soenen                    
|                         |  | Title:               |  | President and Chief Executive Officer
|                         |  | /s/CARRIE A. WOLFE  
|                         |  | Name:                |  | Carrie A. Wolfe                      
|                         |  | Title:               |  | Chief Financial Officer              

The
foregoing certification is being furnished solely pursuant to 18 U.S.C. § 1350 and is not being filed as part of the Report or as a separate disclosure document.

---



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