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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 17-6059

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

DWAYNE SMITH,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at 

Norfolk. Raymond A. Jackson, District Judge. (2:12-cr-00171-RAJ-DEM-1)

Submitted: April 26, 2018 Decided: May 2, 2018

Before MOTZ, DUNCAN, and HARRIS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Geremy C. Kamens, Federal Public Defender, Caroline S. Platt, Alexandria, Virginia, 

Kirsten Kmet, Assistant Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC 

DEFENDER, Norfolk, Virginia, for Appellant. Dana J. Boente, United States Attorney, 

Joseph Attias, Special Assistant United States Attorney, Christopher Catizone, Assistant 

United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, 

Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Dwayne Smith appeals the district court’s order denying his 18 U.S.C. § 3582(c)(2) 

(2012) motion for a sentence reduction pursuant to Amendment 782 of the Sentencing 

Guidelines. He contends that the district court abused its discretion in denying his motion 

without providing an explanation. We affirm.

We review for abuse of discretion a district court’s decision to reduce a sentence 

under § 3582(c)(2). United States v. Muldrow, 844 F.3d 434, 437 (4th Cir. 2016). “[A] 

district court abuses its discretion when it acts arbitrarily or irrationally, fails to consider 

judicially recognized factors constraining its exercise of discretion, relies on erroneous 

factual or legal premises, or commits an error of law.” United States v. Briley, 770 F.3d 

267, 276 (4th Cir. 2014) (internal quotation marks omitted).

We need not decide whether the district court adequately stated the reasons for its 

decision to deny Smith’s motion because we conclude that the district court lacked the 

authority to reduce Smith’s sentence below the statutory minimum. See United States v. 

Allen, 450 F.3d 565, 568-69 (4th Cir. 2006). Thus, any error in the district court’s 

explanation of its denial of Smith’s motion was harmless.

Accordingly, we 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 this court and argument would not aid the decisional process.

AFFIRMED
ORDER—PAGE 1

IN THE SUPREME COURT OF THE STATE OF MONTANA

Supreme Court Cause No. DA 22-0676

RITA M. BLADES, TEMPORARY GUARDIAN AND CONSERVATOR FOR 

HEIDI A. GABERT

Plaintiff/Appellee,

v.

GARRY DOUGLAS SEAMAN,

Defendant/Appellant.

On Appeal from the Montana Nineteenth Judicial District Court

Cause No. DV-22-95

Hon. Shane Vannatta, Presiding

ORDER GRANTING 30-DAY EXTENSION

Upon motion of Reid J. Perkins, attorney for Garry Douglas Seaman 

(“Seaman”), and good cause appearing,

IT IS HEREBY ORDERED that the Appellant is granted an extension to 

January 30, 2023, in which to prepare, serve and file his Opening Brief.

Dated this ___ day of December, 2022.

______________________

CHIEF JUSTICE

cc: Counsel of Record

Electronically signed by:

Bowen Greenwood

Clerk of the Supreme Court

December 28 2022

12/28/2022

Case Number: DA 22-0676
### THE THIRTEENTH COURT OF APPEALS

13

- 23

- 00120

- CV
City of Pharr, Texas v. Raul N. Garcia and R.N. Industries L.L.C. d/b/a Pajaro Promotions
On Appeal from the 93rd District Court of Hidalgo County , Texas Trial Court Cause No. C

- 3425

- 17

- B

JUDGMENT THE THIRTEENTH COURT OF APPEALS, having considered this cause on appeal, concludes the judgment of the trial court should be reversed and the cause remanded to the trial court . The Court orders the judgment of the trial court REVERSED and REMANDED for further proceedings consistent with its opinion . Costs of the appeal are adjudged against appell ee s

. We further order this decision certified below for observance. April 18, 2024
# C_2011349EN.01000301.xml

| 30.11.2011 | EN | Official Journal of the European Union | C 349/3 |
| --- | --- | --- | --- |

30.11.2011

EN

Official Journal of the European Union

C 349/3

---

Euro exchange rates (1)

1

29 November 2011

2011/C 349/03

1 euro =

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3336 |
| JPY | Japanese yen | 103,82 |
| DKK | Danish krone | 7,4377 |
| GBP | Pound sterling | 0,85365 |
| SEK | Swedish krona | 9,2195 |
| CHF | Swiss franc | 1,2282 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 7,8495 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,548 |
| HUF | Hungarian forint | 309,08 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6980 |
| PLN | Polish zloty | 4,5270 |
| RON | Romanian leu | 4,3518 |
| TRY | Turkish lira | 2,4692 |
| AUD | Australian dollar | 1,3332 |
| CAD | Canadian dollar | 1,3717 |
| HKD | Hong Kong dollar | 10,3929 |
| NZD | New Zealand dollar | 1,7519 |
| SGD | Singapore dollar | 1,7306 |
| KRW | South Korean won | 1 523,71 |
| ZAR | South African rand | 11,1472 |
| CNY | Chinese yuan renminbi | 8,4778 |
| HRK | Croatian kuna | 7,5010 |
| IDR | Indonesian rupiah | 12 211,39 |
| MYR | Malaysian ringgit | 4,2255 |
| PHP | Philippine peso | 58,174 |
| RUB | Russian rouble | 41,8100 |
| THB | Thai baht | 41,715 |
| BRL | Brazilian real | 2,4621 |
| MXN | Mexican peso | 18,6147 |
| INR | Indian rupee | 69,4210 |

Currency

Exchange rate

USD

US dollar

1,3336

JPY

Japanese yen

103,82

DKK

Danish krone

7,4377

GBP

Pound sterling

0,85365

SEK

Swedish krona

9,2195

CHF

Swiss franc

1,2282

ISK

Iceland króna

NOK

Norwegian krone

7,8495

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,548

HUF

Hungarian forint

309,08

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6980

PLN

Polish zloty

4,5270

RON

Romanian leu

4,3518

TRY

Turkish lira

2,4692

AUD

Australian dollar

1,3332

CAD

Canadian dollar

1,3717

HKD

Hong Kong dollar

10,3929

NZD

New Zealand dollar

1,7519

SGD

Singapore dollar

1,7306

KRW

South Korean won

1 523,71

ZAR

South African rand

11,1472

CNY

Chinese yuan renminbi

8,4778

HRK

Croatian kuna

7,5010

IDR

Indonesian rupiah

12 211,39

MYR

Malaysian ringgit

4,2255

PHP

Philippine peso

58,174

RUB

Russian rouble

41,8100

THB

Thai baht

41,715

BRL

Brazilian real

2,4621

MXN

Mexican peso

18,6147

INR

Indian rupee

69,4210

---

(1)  Source: reference exchange rate published by the ECB.

1

Source

---
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3488 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3488

To amend the National Foundation on the Arts and the Humanities Act of 
 1965 to limit the distribution of funds of the National Endowment for 
                               the Arts.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 10, 1993

 Mr. Bachus of Alabama (for himself, Mr. Hunter, Mr. Dornan, Mr. Goss, 
   Mr. Laughlin, Mr. Burton of Indiana, Mr. Emerson, Mr. Stump, Mr. 
   Doolittle, Mr. Hutchinson, Mr. Hansen, Mr. Bateman, Mr. Fields of 
Texas, Mr. King, Mrs. Fowler, Mr. Taylor of North Carolina, Mr. Ewing, 
   and Mr. Smith of Texas) introduced the following bill; which was 
            referred to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL

 
To amend the National Foundation on the Arts and the Humanities Act of 
 1965 to limit the distribution of funds of the National Endowment for 
                               the Arts.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That section 5 of the 
National Foundation on the Arts and the Humanities Act of 1965 (20 
U.S.C. 954) is amended by adding at the end the following:
    ``(r) None of the funds received by the Endowment to carry out 
subsection (c), (g), or (p) may be used by the Chairperson, or by a 
State agency or other recipient of such funds under such subsection, to 
provide financial assistance for a project, production, workshop, or 
program that depicts, or describes in a patently offensive way--
            ``(1) sexual or excretory activities or organs; or
            ``(2) religion or religious symbols.''.

                                 <all>
```
#### MARATHON COMPANY, Inc., a Florida corporation, Nelson R. Bolce, Jr., and Suzanne H. Bolce, his wife, Appellants, v. CITY OF ORLANDO, a municipal corporation; Mayor-Commissioner, Robert S. Carr; Commissioner, George A. Barker, Jr.; Commissioner, J. D. Barnes; Commissioner, John B. Newson, and Commissioner, W. M. Sanderlin, acting as City Council of said municipal corporation; and John N. Huttig; Herbert P. Smith; George W. Johnson; E. D. Oestricher; Ormund Powers; and C. Arthur Yergey, individually as representatives of each and every person constituting a class of adjacent or abutting land owners having a common and general interest in the subject matter of this suit, Appellees.

No. 789.

District Court of Appeal of Florida. Fourth District.

Nov. 15, 1967.

PER CURIAM.

Affirmed.
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

ANOOP SOGY,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 10-70847

Agency No. A098-372-409

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted July 12, 2011** 

Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.

Anoop Sogy, a native of the Philippines and a citizen of India, petitions for

review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to

reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of

FILED

JUL 25 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 10-70847

discretion the denial of a motion to reopen, Iturribarria v. INS, 321 F.3d 889, 894

(9th Cir. 2003), and we deny the petition for review.

The BIA did not abuse its discretion in denying Sogy’s motion to reopen

where Sogy’s claims could have been raised in his prior proceedings before the

agency. See Mondragon v. INS, 625 F.2d 270, 272 (9th Cir. 1980); see also Singh

v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002) (BIA’s denial of a motion to reopen

shall be reversed only if it is “arbitrary, irrational, or contrary to law”). 

PETITION FOR REVIEW DENIED.
I

103D CONGRESS

1ST SESSION H. R. 3187

To amend the Aleutian and Pribilof Islands Restitution Act to increase

authorization for appropriation to compensate Aleut villages for church

property lost, damaged, or destroyed during World War II.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 29, 1993

Mr. YOUNG of Alaska introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To amend the Aleutian and Pribilof Islands Restitution Act

to increase authorization for appropriation to compensate

Aleut villages for church property lost, damaged, or destroyed during World War II.

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

3 SECTION 1. INCREASE IN AUTHORIZATIONS.

4 Subsection (d) of section 205 of the Aleutian and

5 Pribilof Islands Restitution Act (Public Law 100–383) is

6 amended by striking ‘‘$1,400,000’’ and inserting in lieu

7 thereof ‘‘$4,700,000’’.

Æ
(holding that an appeal is generally an adequate legal remedy precluding

writ relief). Accordingly, we

ORDER the petition DENIED.

Parraguirre

cc: Hon. Richard Scotti, District Judge Hall Prangle & Schoonveld, LLC/Las Vegas Eckley M. Keach, Chtd. Pyatt Silvestri & Hanlon Carroll, Kelly, Trotter, Franzen, & McKenna Murdock & Associates, Chtd. Lewis Brisbois Bisgaard & Smith, LLP/Las Vegas Eighth District Court Clerk

SUPREME COURT OF NEVADA 2
(0) 1947A
#### MELODY, INC., a Florida corporation, a/k/a Ucola K. Corp., a Florida corporation, Appellant, v. Irving L. WEXLER, Appellee.

No. 67-46.

District Court of Appeal of Florida. Third District.

Nov. 7, 1967.

PER CURIAM.

Affirmed.
**Exhibit32.1**

 

**CERTIFICATIONPURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

Each of the undersigned,in his capacity as an officer of Cubic Corporation hereby certifies pursuant toSection 906 of the Sarbanes-Oxley Act of 2002 that:

 

1.               The annual reportof Cubic Corporation (the “Registrant”) on Form 10-K for the year endedSeptember 30, 2007 (the “Report”), which accompanies this certification, fullycomplies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of  1934.

 

2.               The informationcontained in the Report fairly presents, in all material respects, thefinancial condition of the Registrant at the end of such year and the resultsof operations of the Registrant for such year.

 

 
| /s/ W. J. Zable         |   |                    | /s/ W.W. Boyle |   |
|-------------------------|--------|-------------------------|----------------|--------|
| W. J. Zable             |   | W. W. Boyle             |
| Chief Executive Officer |   | Chief Financial Officer |
|                    |   |                    |
| Date: December 4, 2007  |   |                    |

 

 

----
##### 



CERTIFICATION PURSUANT TO  18 U. S. C. SECTION 1350  AS ADOPTED PURSUANT TO  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  (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 results of operations of the Company.
 Date: March 17, 2008
    
    /s/ ANTHONY F. EARLEY, JR.Anthony F. Earley, Jr.Chairman of the Board and Chief ExecutiveOfficer of The Detroit Edison Company
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule containing summary financial information extracted from the
condensed consolidated balance sheet at February 28, 1997 (unaudited) and the
consolidated statement of operations for the nine months ended February 28, 1997
(unaudited) is qualified in its entirety by reference to such financial
statements.
</LEGEND>
<MULTIPLIER> 1,000
<CURRENCY> US DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          MAY-31-1997
<PERIOD-START>                             JUN-01-1997
<PERIOD-END>                               FEB-28-1997
<EXCHANGE-RATE>                                      1
<CASH>                                           1,745
<SECURITIES>                                    21,175
<RECEIVABLES>                                    9,079
<ALLOWANCES>                                       525
<INVENTORY>                                          0
<CURRENT-ASSETS>                                33,243
<PP&E>                                          15,345
<DEPRECIATION>                                   6,163
<TOTAL-ASSETS>                                  53,483
<CURRENT-LIABILITIES>                           10,911
<BONDS>                                            291
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            11
<OTHER-SE>                                      42,281
<TOTAL-LIABILITY-AND-EQUITY>                    53,483
<SALES>                                         26,136
<TOTAL-REVENUES>                                31,531
<CGS>                                            2,204
<TOTAL-COSTS>                                    4,975
<OTHER-EXPENSES>                                39,870
<LOSS-PROVISION>                                   150
<INTEREST-EXPENSE>                                 153
<INCOME-PRETAX>                               (11,886)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (11,886)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (11,886)
<EPS-PRIMARY>                                   (1.10)
<EPS-DILUTED>                                   (1.10)
        

</TABLE>
[Federal Register Volume 83, Number 164 (Thursday, August 23, 2018)]
[Notices]
[Page 42672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18174]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute on Aging; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended, notice is hereby given of the following meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute on Aging Special Emphasis 
Panel; Aspirin and Aging.
    Date: October 11, 2018.
    Time: 12:00 p.m. to 4:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institute on Aging, Gateway Building, Suite 
2W200, 7201 Wisconsin Avenue, Bethesda, MD 20892.
    Contact Person: Greg Bissonette, Ph.D., Scientific Review 
Officer, National Institute on Aging, National Institutes of Health, 
Gateway Building, Suite 2W200, 7201 Wisconsin Avenue, Bethesda, MD 
20892, 301-402-1622, <a href="/cdn-cgi/l/email-protection#0c6e657f7f6362697878696b6e4c616d656022626564226b637a"><span class="__cf_email__" data-cfemail="31535842425e5f544545545653715c50585d1f5f58591f565e47">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.866, Aging 
Research, National Institutes of Health, HHS)

    Dated: August 17, 2018.
Melanie J. Pantoja,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2018-18174 Filed 8-22-18; 8:45 am]
 BILLING CODE 4140-01-P


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### " I' I ' 

# .. 

# National Archives and Records Administration

March 18, 2008 Ms. Nancy Molitor Regulations Division (AGC-200) Office ofthe Chief Counsel 

## Office of the Federal Register

Federal Aviation Administration, DOT 800 Independence Avenue, SW Washington, DC 20591 Dear Ms . Molitor: The material listed in the attachment is approved for incorporation by reference in 14 CFR Part 39. 

# 7

This approval is contingent upon the final rule containing any language changes, which were agreed upon by our staffs. The approval to incorporate by reference this publication(s) is effective on the effective date ofyour final rule . If you wish to enforce some other edition ofthe publication(s) approved, you must: 1. Publish notice ofthe change in the Federal Register, and amend the Code ofFederal Regulations ; and 2. Ensure that a copy ofthat edition is on file at the Office ofthe Federal Register; and I 3. 1'-}otify me in iting of the change . I / I



# t~y **,** 

# .

# t i 

# RAYMOH .MO EY Director 1 1.he Federal Register Federal Register Attorney: 

## tf:: ?(_. . Attachment

U.S. mail address: 8601 Adelphi Road, College Park, MD 20740-6001 Office location: 800 North Capitol Street, NW, Suite 700, Washington, DC 20002-4244 Federal Register web sites : http:/jwww.archives.gov /federal-register and http://www.gpoaccess.gov/ naraIncorporation by Reference FAA Docket No. 2007-28229; Directorate ID 2006-SW-23-AD; Arndt. 39-15434; AD 2008-06-22 Eurocopter Alert Service Bulletin EC130 No. 76A001 02/10/2006 FAA Docket No. 2007-28370; Directorate ID 2003-NM-239-AD; Arndt. 39-15439; AD 2008-06-27 Goodrich Service Bulletin 25- 344 Revision 2 10/11/2006 FAA Docket No. 2008-0303; Directorate ID 2008-NM -04 7 - AD; Arndt. 39-15441; AD 2008-06-29 Boeing Commercial Airplanes

Priuted 3 118 12008 Alert Service Bulletin 737 -57A1301 02/05/2008

Page 1 of 1
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3266 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 3266

  To provide for automatic downward adjustments in the discretionary 
  spending limits for fiscal year 1994 set forth in the Congressional 
Budget Act of 1974 equal to the amount of rescissions contained in this 
                                  Act.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 13, 1993

 Mr. Andrews of New Jersey (for himself and Mr. Zeliff) introduced the 
    following bill; which was referred jointly to the Committees on 
                Government Operations and Appropriations

                             June 13, 1994

 Additional sponsors: Mr. Valentine, Mr. Leach, Mr. Boehlert, Mr. Hall 
    of Texas, Mr. Traficant, Mr. Shaw, Mrs. Morella, and Mr. Tanner
   Deleted sponsors: Mr. Peterson of Florida (added March 21, 1994; 
   deleted April 21, 1994), and Mr. Sarpalius (added March 21, 1994; 
                          deleted May 3, 1994)

_______________________________________________________________________

                                 A BILL

 
  To provide for automatic downward adjustments in the discretionary 
  spending limits for fiscal year 1994 set forth in the Congressional 
Budget Act of 1974 equal to the amount of rescissions contained in this 
                                  Act.

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

                 TITLE I--DISCRETIONARY CAP ADJUSTMENTS

SECTION 101. DOWNWARD ADJUSTMENT OF DISCRETIONARY SPENDING LIMITS.

    The discretionary spending limits (new budget authority and 
outlays) for fiscal year 1994 set forth in section 601(a)(2) of the 
Congressional Budget Act of 1974, as adjusted in strict conformance 
with section 251 of the Balanced Budget and Emergency Deficit Control 
Act of 1985, shall be reduced, as calculated by the Director of the 
Office of Management and Budget, in amounts equal to the aggregate 
amounts of rescissions under title II for that fiscal year.

                    TITLE II--REDUCTIONS IN SPENDING

SEC. 201. RESCISSIONS.

                                 <all>
```