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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v. No. 97-6909

HARRY REID LIVERS,

Defendant-Appellant.

Appeal from the United States District Court

for the Eastern District of Virginia, at Newport News.

Raymond A. Jackson, District Judge.

(CR-94-2, CA-97-53)

Submitted: July 27, 1999

Decided: August 19, 1999

Before MURNAGHAN, HAMILTON, and WILLIAMS,

Circuit Judges.

_________________________________________________________________

Vacated and remanded by unpublished per curiam opinion.

_________________________________________________________________

COUNSEL

Harry Reid Livers, Appellant Pro Se. Kevin Michael Comstock,

OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia; Stephen Wiley Miller, OFFICE OF THE UNITED STATES

ATTORNEY, Richmond, Virginia, for Appellee.

_________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).

_________________________________________________________________

OPINION

PER CURIAM:

Harry Reid Livers filed a 28 U.S.C.A. § 2255 (West Supp. 1999)

motion that was delivered to the district court on April 25, 1997. Livers pled guilty to one count of conspiracy to distribute cocaine in violation of 21 U.S.C. § 841 (1994). The court sentenced him on July 18,

1994. The court dismissed the § 2255 motion because it concluded

that Livers had one year from July 18, 1994, to file the motion under

the newly enacted AEDPA. Livers timely appealed the order.

While the case was pending on appeal, this court decided Brown

v. Angelone, 150 F.3d 370 (4th Cir. 1998). Under Brown, Livers had

until April 23, 1997, to file his federal habeas motion. See id. at 375-

76. We remanded the case to the district court to determine the date

on which Livers delivered the motion to prison officials for forwarding to the court, and whether the motion was timely filed under

Houston v. Lack, 487 U.S. 266 (1988). On remand, the district court

found that Livers delivered the motion to prison officials on April 23,

1997, and thus it was timely filed.

The district court did not consider the merits of Livers' motion

when it summarily dismissed the motion as time-barred. On remand,

the court had jurisdiction only to determine the filing date issue.

Therefore, the original district court order dismissing the motion is

vacated and remanded with instructions to review the merits of the

timely petition.

We deny Livers' emergency motion for bail. See Aronson v. May,

85 S. Ct. 3, 5 (1964). 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 the decisional process.

VACATED AND REMANDED

 2
[Federal Register Volume 77, Number 7 (Wednesday, January 11, 2012)]
[Notices]
[Page 1689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-363]


=======================================================================
-----------------------------------------------------------------------

FEDERAL LABOR RELATIONS AUTHORITY


Public Availability of Federal Labor Relations Authority FY 2011 
Service Contract Inventory

AGENCY: Federal Labor Relations Authority.

ACTION: Notice of Public Availability of FY 2011 Service Contract 
Inventories.

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

SUMMARY: In accordance with Section 743 of Division C of the 
Consolidated Appropriations Act of 2010 (Pub. L. 111-117), the Federal 
Labor Relations Authority (FLRA) is publishing this notice to advise 
the public of the availability of the FY 2011 Service Contract 
inventory. This inventory provides information on service contract 
actions over $25,000 that were made in FY 2011. The information is 
organized by function to show how contracted resources are distributed 
throughout the agency. The inventory has been developed in accordance 
with guidance issued on November 5, 2010 by the Office of Management 
and Budget's Office of Federal Procurement Policy (OFPP). OFPP's 
guidance is available at http://www.whitehouse.gov/sites/default/files/omb/procurement/memo/service-contract-inventories-guidance-11052010.pdf. The FLRA has posted its inventory and a summary of the 
inventory on the FLRA homepage at the following link: http://www.flra.gov/webfm_send/555.

FOR FURTHER INFORMATION CONTACT: Questions regarding the service 
contract inventory should be directed to Dennis Dorsey, Director, 
Administrative Services Division, Federal Labor Relations Authority, at 
(202) 218-7764.

    Dated: January 6, 2012.
Sonna Stampone,
Executive Director, Federal Labor Relations Authority.
[FR Doc. 2012-363 Filed 1-10-12; 8:45 am]
BILLING CODE 6727-01-P
#### John S. Neal and wife, Lula M. Neal, Appellants, v. Annie L. Smith, Appellee.

*In Banc.*

Appeal from Circuit Court, Marion county; William A. Hocker, Judge.

R. L. Anderson for appellants.

Raymond B. Bullock for appellees.

The bill in this cause was' filed by the appellee against the appellants. There was decree for the complainant, and the defendants appeal. The appeal is dismissed on motion of counsel for the appellees.
III 

113TH CONGRESS 

1ST SESSION S. RES. 37 

Expressing the sense of the Senate in disapproving the proposal of the 

International Olympic Committee Executive Board to eliminate wrestling 

from the Summer Olympic Games beginning in 2020. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 14, 2013 

Mr. BROWN (for himself, Mr. GRASSLEY, Mr. FRANKEN, Mr. HARKIN, Mr. 

CASEY, Mr. INHOFE, and Mr. LEVIN) submitted the following resolution; 

which was referred to the Committee on Commerce, Science, and Transportation 

RESOLUTION 

Expressing the sense of the Senate in disapproving the proposal of the International Olympic Committee Executive 

Board to eliminate wrestling from the Summer Olympic 

Games beginning in 2020. 

Whereas wrestling is recognized as one of the world’s oldest 

competitive sports dating back to 3000 BC; 

Whereas wrestling was one of the original sports of the ancient Greek Olympic Games and of the first modern 

Olympic Games; 

Whereas wrestling is one of the world’s most diverse sports, 

with participants from almost 200 countries around the 

world; 


smartinez on DSK6TPTVN1PROD with BILLS
2 

•SRES 37 IS 

Whereas over 280,000 high school students in the United 

States participated in wrestling in 2012; 

Whereas there are over 300 intercollegiate wrestling programs in the United States; 

Whereas wrestling represents the determination and hard 

work it takes to succeed in life and sport; 

Whereas the United States has a long, proud, and storied 

Olympic wrestling history; and 

Whereas wrestling epitomizes the spirit of the Olympic 

Games: Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) thanks the United States Olympic Com3 mittee for its continued support of wrestling and en4 courages it to work actively to reverse the proposal 

5 of the International Olympic Committee Executive 

6 Board to eliminate wrestling from the Summer 

7 Olympic Games beginning in 2020; 

8 (2) disapproves the proposal of the Inter9 national Olympic Committee Executive Board to 

10 eliminate wrestling from the Summer Olympic 

11 Games beginning in 2020; and 

12 (3) urges the International Olympic Committee 

13 Executive Board to reinstate wrestling as a core 

14 sport of the Summer Olympic Games. 

Æ 


smartinez on DSK6TPTVN1PROD with BILLS
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NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

BELICA YANIRA GUZMAN

- ESCOBAR,

Petitioner,

v. JEFFERSON B. SESSIONS III, Attorney General, Respondent. No. 15

- 71981 Agency No. A200

- 627

- 534

MEMORANDUM *

On Petition for Review of an Order of the Board of Immigration Appeals
Submitted February 13, 2018 **
Before: LEAVY, FERNANDEZ, and MURGUIA, Circuit Judges.
Belica Yanira Guzman

- Escobar, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her application for asylum, withholding of removal, and reli ef under the Convention Against Torture (“CAT”). We have

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

FEB 22 2018 MOLLY C. DWYER, CLER K U.S. COURT OF APPEAL S2 15

- 71981

jurisdiction under 8 U.S.C. § 1252

. We review for substantial evidence the agency’s factual findings

. Zehatye v. Gonzales , 453 F.3 d 1182, 1184

- 85 (9th Cir. 2006). We deny in the petition for revi ew. The record does not compel the conclusion that Guz man - Escobar established extraordinary or changed circumstances to excuse her untimely asylum application.
See 8 C.F.R. § § 1208.4(a)(4), (5) ; Toj

- Culpatan v. Holder , 612 F.3 d 1088, 1091

- 92 (9th Cir. 2010)

. Thus, G uzman - Escobar ’ s asylum claim fails

. Guzman

- Escobar does not challenge the agency’s finding that s he failed to establish past persecution , and s ubstanti al evidence supports the agency’ s conclusion that, even if Guzman

- Escobar’s family constitutes a particular social group, she fai led to establish a nexus between the harm she fears and a protected ground

. See Ayala v. Holder , 640 F.3d 1095, 1097 (9th Cir. 2011) (even if membership in a particular social group is established, an applican t must still show that “persecution was or will be on account of his membership in such group” (emphasis in original)) ; see also Zetino v. Holder , 622 F.3d 1007, 1016 (9th Cir. 2010) (“An [applicant’s] desire to be free from harassment by criminals motivated by theft or random violence by gang members bears no nexus to a protected ground.”). Thus, her withholding of removal claim fails.
Substantial evidence also supports the agency’s denial of CAT re lief because
Guzman

- Escobar failed to show it is more likely than not that s he will be tortured3 15

- 71981

by or with the consent or acquiescence of the government of Guatemala

. S ee Aden
v. Holder , 589 F.3d 1040, 1047 (2009).
PETITION FOR REVIEW DE NIED
.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<EXCHANGE-RATE>                                      1
<CASH>                                             893
<SECURITIES>                                         0
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<CURRENT-ASSETS>                                 1,383
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<CURRENT-LIABILITIES>                              918
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<PREFERRED-MANDATORY>                                0
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</TABLE>
Amendment No. 2 to Lease and License Agreement, dated 06/17/2005



 Exhibit 10.17 

MARYLAND TECHNOLOGY DEVELOPMENT CENTER 

LICENSE AGREEMENT 

AMENDMENT 2 

This addendum is made this
17th day of June, 2005, by and between MEDCO and Neogenix
Oncology, Inc. (“Licensee”). 
 WHEREAS, MEDCO and Licensee have entered into a License Agreement dated April 28,
2004; Amendment 1 dated June 1, 2004; 
 WHEREAS, Licensee currently occupies office #317 in the Maryland Technology
Development Center in Montgomery County, Maryland (the “Original Premises”); 
 WHEREAS Licensee wishes to expand into
additional space within the Maryland Technology Development Center and MEDCO is willing to provide for such expansion based on the terms provided for below; 

NOW, THEREFORE, in consideration of the mutual covenants and agreements stated herein, the parties agree as follows: 

 

	 	1.	Effective July 1, 2005, Licensee shall occupy lab #211 (the “adjusted Premises”). 


 

	 	2.	Notwithstanding anything contained in the License Agreement to the contrary, effective May 1, 2005 (the “Effective Date”), the Term of the License
Agreement is herby extended for a period of One (1) year, commencing on May 1, 2005 and ending on April 30, 2006. 

  

	 	3.	The additional cash license payment resulting from the Expansion Premises (the “Monthly Payment”) shall be payable by Licensee in equal monthly installments,
on or before the first day of each month, and shall be as follows: 

  

				
	 7/1/05 to 4/30/06
	  	$	3,300
	 5/1/06 to 4/30/07
	  	$	3,630
	 5/1/07 to 4/30/08
	  	$	3,993

  

	 	4.	The aggregate Monthly Payment, to include the Monthly Payment for the Original Premises and the Expansion Premises provided for herein shall be as follows:


  

				
	 7/1/05 to 4/30/06
	  	$	3,829 + $3,300 = $7,129
	 5/1/06 to 4/30/07
	  	$	4,212 + $3,630 = $7,842
	 5/1/07 to 4/30/08
	  	$	4,633 + $3,993 = $8,626









	 	5.	Any Renewal Term provided under the License Agreement shall now be applicable to all space occupied by Licensee, including the Original Premises and the Expansion
Premises provided for herein. 

  

	 	6.	On or before the Effective Date of this Amendment, Licensee shall pay to MEDCO a sum equal to one (1) Monthly Payment for the Expansion Premises, to be held by
MEDCO as security deposit for the full, faithful and punctual performance by Licensee’s terms, covenants and conditions contained herein for the full term of the License Agreement. At such time that this License Amendment commences, Licensee
shall be required to pay a sum of $3,300.00 as security deposit. 

  

	 	7.	All other provisions of the original License Agreement shall apply to this Amendment. 


This Amendment may be signed in counterparts. 
  

									
	 FOR:
	 	Maryland Economic	 		 	FOR:	 	Licensee
		 	Development Corporation	 		 		 	Neogenix Oncology, Inc.
					
	 BY:
	 	
 



	 		 	BY:	 	
 




		 	 Scheer Partners Management, Inc.

MTDC Manager
	 		 		 	
					
	 Date:
	 	06/17/2005	 		 	Date:	 	June 17, 2005
					
	 BY:
	 	
 



	 		 		 	
		 	Executive Director, MEDCO	 		 		 	
					
	 Date:
	 	9/7/05
----

----

|   | (1) | The      Registrant’s Report on Form 10-Q for the three and nine months ended      September 30, 2009, as filed with the Securities and Exchange Commission      on the date hereof (the “Report”), fully complies with the requirements of      Section 13(a) or Section 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      Registrant. |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| /s/      Michael V. Shustek          |
|--------------------------------------|
| Michael      V. Shustek              |
| Chief      Executive Officer         |
| Vestin      Realty Mortgage II, Inc. |

| /s/      Rocio Revollo               |
|--------------------------------------|
| Rocio      Revollo                   |
| Chief      Financial Officer         |
| Vestin      Realty Mortgage II, Inc. |
|                                 |
2000-2004 Baseline Conditions 2018 Uniform Rate of Progress Target 2064 Natural Conditions

Amm. Sulfate 5 3.9 0.8Amm. Nitrate 1.4 1.3 0.8OMC 10.6 9 4.6EC 2 1.6 0.4Soil 1.1 1.1 1.1CM 2.5 2.6 2.7Sea Salt 0 0 0Difference 3.1 12.2Total 22.6 19.5 10.4Note: Actual Reduction Needed Number in the bar graph comes from Visibility Modeling on Haze Planning (TSS) and equals 2000-2004 BaThe "Difference" Number in Columns C and D are the differences between the total number in the baseline conditions and URG and Natur

This number is merely used in order to manipulate the reduction needed area in the chart so that it equals the same height as the baseline 

303540

)

Bridger and Fitzpatrick Wilderness Areas

BRID1 IMPROVE Site (New IMPROVE Algorithm)

Reduction

Needed =

1.1 dv

05

10152025303540

2000-2004 Baseline Conditions 2018 Uniform Rate of Progress 2064 Natural Conditions

Extinction (Mm-1)

Bridger and Fitzpatrick Wilderness Areas

BRID1 IMPROVE Site (New IMPROVE Algorithm)

Sea SCMSoilECOMCAmmAmm

Reduction

Needed =

1.1 dv

Reduction Needed 

=

4.6 dv

05

10152025303540

2000-2004 Baseline Conditions 2018 Uniform Rate of Progress 

Target

2064 Natural Conditions

Extinction (Mm-1)

Bridger and Fitzpatrick Wilderness Areas

BRID1 IMPROVE Site (New IMPROVE Algorithm)

Sea SCMSoilECOMCAmmAmm

Reduction

Needed =

1.1 dv

Reduction Needed 

=

4.6 dv
Site Year bCM|Base bCM|Inc bCM|NCII bEC|Base bE

BRID1 2000 2.51 1.99 BRID1 2001 2.51 1.99 BRID1 2002 2.51 1.99 BRID1 2003 2.51 1.99 BRID1 2004 2.51 2.51 1.99 BRID1 2008 2.52 BRID1 2013 2.53 BRID1 2018 2.55 BRID1 2023 2.56 BRID1 2028 2.57 BRID1 2033 2.58 BRID1 2038 2.6 BRID1 2043 2.61 BRID1 2048 2.62 BRID1 2053 2.64 BRID1 2058 2.65 BRID1 2064 2.67 2.67 % change from baseline
bOMC|Inc bOMC|NCII bSO4|Base bSO4|Inc bSO4|NCII bSoil|Base bSoil|Inc bSoil|NCII bSs|Base bSs|Inc bSs|NCII

NO3Extinction|prp18a

SO4

Extincrp18a

4.99 1.1 0.044.99 1.1 0.044.99 1.1 0.044.99 1.1 0.04

10.55 4.99 4.99 1.1 1.1 0.04 0.0410.09 4.67 1.1 0.04

9.53 4.27 1.1 0.048.98 3.89 1.1 0.04 1.23 8.46 3.52 1.09 0.047.94 3.16 1.09 0.04

7.44 2.8 1.09 0.046.96 2.46 1.09 0.046.49 2.13 1.08 0.046.03 1.8 1.08 0.045.58 1.48 1.08 0.045.15 1.18 1.07 0.044.64 4.64 0.82 0.82 1.07 1.07 0.04 0.04

-13.99 -