alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Court of Appeals of the State of Georgia

Clerk's Office, Atlanta, October 28, 2016.

I certify that the above is a true extract from the minutes 

of the Court of Appeals of Georgia.

Witness my signature and the seal of said court hereto 

affixed the day and year last above written.

, Clerk.

Court of Appeals 

of the State of Georgia

ATLANTA, October 28, 2016

The Court of Appeals hereby passes the following order

A16A1696. TERRENCE E. FOLEY v. ROCKLYN HOMES INC..

Upon consideration of the APPELLANT'S motion FOR PERMISSION TO WITHDRAW 

THE APPEAL in the above styled case, it is ordered that the motion is hereby GRANTED.
#### The People of the State of New York, Respondent, v Rodney Reid, Appellant.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Fertig, J.), rendered March 20, 1989, convicting him of attempted criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress physical evidence.

Ordered that the judgment is affirmed.

On October 19, 1988, at approximately 12:25 a.m., two police officers were on patrol seeking a known individual who had recently been involved in a shooting. They saw the defendant walking down the street and, as "he look[ed] like the guy” who had done the shooting, they asked him to approach the police car. The defendant inquired as to what the officers wanted and then raced away. As he ran, the defendant’s hand was in his waistband and he threw a gun into a vacant lot.

The stop of the defendant was proper as it was supported by an "articulable reason”, the defendant’s strong resemblance to the known shooter they were seeking *(People v Leung,*68 NY2d 734; *People v De Bour,*40 NY2d 210; *People v Frank,*161 AD2d 794; *People v Kosciusko,*149 AD2d 620; *People v Mandley,*134 AD2d 622; *People v Alston,*128 AD2d 791). Mangano, P. J., Brown, Sullivan, Harwood and Miller, JJ., concur.
* 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that this opinion should not be published and is not precedent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

Fifth Circuit

FILED

April 21, 2004

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-51233

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ANGEL SOLORZANO-PALMAS, also known

as Angel Solorzano,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. EP-03-CR-883-ALL-PRM

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

Before JOLLY, JONES, and SMITH, Circuit Judges.

PER CURIAM:*

 Angel Solorzano-Palmas appeals the sentence imposed

following his guilty plea conviction of being found in the United

States after deportation/removal in violation of 8 U.S.C. § 1326. 

Solorzano-Palmas complains that his sentence was improperly

enhanced pursuant to 8 U.S.C. § 1326(b) based on a prior

conviction. He argues that the sentencing provision is

unconstitutional. Solorzano-Palmas thus contends that his
No. 03-51233

-2-

sentence should not exceed the maximum term of imprisonment

prescribed in 8 U.S.C. § 1326(a). 

In Almendarez-Torres v. United States, 523 U.S. 224, 235

(1998), the Supreme Court held that the enhanced penalties in

8 U.S.C. § 1326(b) are sentencing provisions, not elements of

separate offenses. The Court further held that the sentencing

provisions do not violate the Due Process Clause. Id. at 239-47. 

Solorzano-Palmas acknowledges that his argument is foreclosed by

Almendarez-Torres, but asserts that the decision has been cast

into doubt by Apprendi v. New Jersey, 530 U.S. 466, 490 (2000). 

He seeks to preserve his argument for further review. 

Apprendi did not overrule Almendarez-Torres. See Apprendi,

530 U.S. at 489-90; United States v. Dabeit, 231 F.3d 979, 984

(5th Cir. 2000). This court must follow Almendarez-Torres

“unless and until the Supreme Court itself determines to overrule

it.” Dabeit, 231 F.3d at 984 (internal quotation marks and

citation omitted). The judgment of the district court is

AFFIRMED.

The Government has moved for a summary affirmance in lieu of

filing an appellee’s brief. In its motion, the Government asks

that an appellee’s brief not be required. The motion is GRANTED. 

AFFIRMED; MOTION GRANTED.
[Federal Register Volume 77, Number 42 (Friday, March 2, 2012)]
[Notices]
[Page 12857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5030]



[[Page 12857]]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of General Medical Sciences; Notice of Closed 
Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. App.), 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 of General Medical 
Sciences Special Emphasis Panel Biomed Career Interventions.
    Date: March 26, 2012.
    Time: 8 a.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Palomar DC, 2121 P Street, NW., Washington, DC 20037.
    Contact Person: Lisa Dunbar, Ph.D., Scientific Review Officer, 
Office of Scientific Review, National Institute of General Medical 
Sciences, National Institutes of Health, 45 Center Drive, Room 
3An.12, Bethesda, MD 20892-6200, 301-594-2849, <a href="/cdn-cgi/l/email-protection#9efaebf0fcffecf2def3fff7f2b0f0f7f6b0f9f1e8"><span class="__cf_email__" data-cfemail="791d0c171b180b15391418101557171011571e160f">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.375, 
Minority Biomedical Research Support; 93.821, Cell Biology and 
Biophysics Research; 93.859, Pharmacology, Physiology, and 
Biological Chemistry Research; 93.862, Genetics and Developmental 
Biology Research; 93.88, Minority Access to Research Careers; 93.96, 
Special Minority Initiatives, National Institutes of Health, HHS)


    Dated: February 28, 2012.
Jennifer S. Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 2012-5030 Filed 3-1-12; 8:45 am]
BILLING CODE 4140-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
# L_2006367EN.01008001.xml

| 22.12.2006 | EN | Official Journal of the European Union | L 367/80 |
| --- | --- | --- | --- |

22.12.2006

EN

Official Journal of the European Union

L 367/80

---

Corrigendum to Commission Decision 2006/944/EC of 14 December 2006 determining the respective emission levels allocated to the Community and each of its Member States under the Kyoto Protocol pursuant to Council Decision 2002/358/EC

(
  Official Journal of the European Union L 358 of 16 December 2006
  )

On page 87, in recital 1, on the third line, in recital 2 on the first line, in Article 1 on the first line and in the first line of the title of the Annex:

for:

‘... emission levels’,

read:

‘... respective emission levels’;

On page 87, in recital 4, on the fifth line:

for:

‘
  11 393 397 tonnes’,

read:

‘
  11 403 608 tonnes’;

On page 87, delete recital 5 and renumber recital 6 as recital 5, and recital 7 as recital 6;

On page 88, in Article 2, on the first line:

for:

‘
  11 393 397 tonnes’,

read:

‘
  11 403 608 tonnes’;

On page 88, in Article 2, delete the second paragraph, beginning ‘The Commission shall ...’;

On page 89, in the Annex, on the first line ‘European Community’, in the second column:

for:

‘
  19 683 181 601
  ’,

read:

‘
  19 682 555 325
  ’;

On page 89, in the Annex, on the ninth line ‘Italy’, in the second column:

for:

‘
  2 429 132 197
  ’,

read:

‘
  2 428 495 710
  ’;

On page 89, in the Annex, on the 12th line ‘Austria’, in the second column:

for:

‘
  343 405 392
  ’,

read:

‘
  343 473 407
  ’.

---
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 00-40162

Conference Calendar

 

WINIFORD LOCKHART,

Plaintiff-Appellant,

versus

UNKNOWN LEE, Female Nurse,

Defendant-Appellee.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. G-97-CV-492

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

June 14, 2000

Before JOLLY, DAVIS, and STEWART, Circuit Judges. 

PER CURIAM:*

Winiford Lockhart, Texas prisoner #589910, appeals from the

dismissal of his civil rights action as frivolous. Lockhart

contends that a prison nurse was deliberately indifferent to his

serious medical needs when she gave him an overdose of a

prescribed medication.

Lockhart’s allegations indicate that the nurse was

negligent, not that the nurse was deliberately indifferent. 

Varnado v. Lynaugh, 920 F.2d 320, 321 (5th Cir. 1991). The
No. 00-40162 

-2-

dismissal of Lockhart’s action as frivolous was not an abuse of

discretion. Berry v. Brady, 192 F.3d 504, 507 (5th Cir. 1999).

AFFIRMED.
# L_2006062EN.01002601.xml

| 3.3.2006 | EN | Official Journal of the European Union | L 62/26 |
| --- | --- | --- | --- |

3.3.2006

EN

Official Journal of the European Union

L 62/26

---

COUNCIL DECISION

of 27 February 2006

amending Decision 2000/24/EC in order to include the Maldives in the list of countries covered, following the Indian Ocean tsunamis of December 2004

(2006/174/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 181a thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

| (1) | The tsunamis in the Indian Ocean region on 26 December 2004 caused widespread damage to certain coastal regions of surrounding countries. |
| --- | --- |

(1)

The tsunamis in the Indian Ocean region on 26 December 2004 caused widespread damage to certain coastal regions of surrounding countries.

| (2) | The European Investment Bank has identified potential projects in the most seriously affected countries, including the Maldives, which could benefit entities which have suffered direct or indirect losses as a result of the tsunamis. |
| --- | --- |

(2)

The European Investment Bank has identified potential projects in the most seriously affected countries, including the Maldives, which could benefit entities which have suffered direct or indirect losses as a result of the tsunamis.

| (3) | Council Decision 2000/24/EC of 22 December 1999 granting a Community guarantee to the European Investment Bank against losses under loans for projects outside the Community (Central and Eastern Europe, Mediterranean countries, Latin America and Asia and the Republic of South Africa) (2) does not include the Maldives in the list of countries covered. |
| --- | --- |

(3)

Council Decision 2000/24/EC of 22 December 1999 granting a Community guarantee to the European Investment Bank against losses under loans for projects outside the Community (Central and Eastern Europe, Mediterranean countries, Latin America and Asia and the Republic of South Africa) (2) does not include the Maldives in the list of countries covered.

| (4) | Decision 2000/24/EC should therefore be amended accordingly, |
| --- | --- |

(4)

Decision 2000/24/EC should therefore be amended accordingly,

HAS DECIDED AS FOLLOWS:

Article 1

In the fourth indent of Article 1(2) of Decision 2000/24/EC, ‘the Maldives’ shall be inserted between ‘Malaysia’ and ‘Mongolia’.

Article 2

This Decision shall take effect on the day of its adoption.

Article 3

This Decision shall be published in the Official Journal of the European Union.

Done at Brussels, 27 February 2006.

For the Council

The President

U. PLASSNIK

---

(1)  Opinion delivered on 17 January 2006 (not yet published in the Official Journal).

1

(2)  
  OJ L 9, 13.1.2000, p. 24. Decision as last amended by Decision 2005/47/EC (OJ L 21, 25.1.2005, p. 9).

2

---
Executive Stock Option Plan Amendment


    Exhibit
      10(a)

    


    


    AMENDMENT
      NUMBER ONE TO THE WALGREEN CO. EXECUTIVE STOCK OPTION PLAN

    


    


    Effective
      October 11, 2006, Section 4.3 of the Plan is amended in its entirety to read
      as
      follows:

    


    "4.3 Changes
      in Capitalization.
      In the
      event of any change (increase or decrease) in the outstanding shares of the
      Company by reason of a stock dividend, recapitalization, merger, consolidation,
      stock split, split up, spin off, combination or exchange of shares,
      reorganization, liquidation, or other change in corporate capitalization, the
      aggregate number and class of Shares available under this Plan, the number
      and
      class of Shares subject to each outstanding Option, the Option prices, and
      the
      limit on the number of Shares that may be granted to any participant under
      Section 5.1 shall be appropriately and proportionately adjusted by the Committee
      to prevent dilution or enlargement of rights and preserve the value of
      outstanding awards; provided that fractional Shares shall be rounded to the
      nearest whole Share. The Committee’s determination shall be final and
      conclusive."
[Federal Register Volume 77, Number 45 (Wednesday, March 7, 2012)]
[Notices]
[Page 13606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5560]


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

FEDERAL MARITIME COMMISSION


Ocean Transportation Intermediary License; Rescission of Order of 
Revocation

    Notice is hereby given that the Order revoking the following 
license is being rescinded by the Federal Maritime Commission pursuant 
to section 19 of the Shipping Act of 1984 (46 U.S.C. chapter 409) and 
the regulations of the Commission pertaining to the licensing of Ocean 
Transportation Intermediaries, 46 CFR part 515.
    License Number: 021014N.
    Name: Magic Transport, Inc.
    Address: Pepsi Industrial Park, PR-2, KM 19.5, Interior BO 
Candelaria, Toa Baja, PR 00949.
    Order Published: FR: 3/1/12 (Volume 77, No. 41, Pg. 12584).

Vern W. Hill,
Director, Bureau of Certification and Licensing.
[FR Doc. 2012-5560 Filed 3-6-12; 8:45 am]
BILLING CODE 6730-01-P
Attendee Report

Webinar Name

Appliance Standards Rulemaking Advisory 

Actual Start Date/Time 

Aug 05, 2014 08:24 AM EDT

First Name Last Name Email Country Address City Industry State Organization Zip Code

Mark Ames mames@ashrae.org US 1828 L Street NW Washington Other DC ASHRAE 20036

Rick Hanger rick.hanger@state.co.us US 1313 Sherman Sreet Denver CO 80203

Bert Kessler bkessler@palmharbor.co

m

US 15301 Spectrum Dr Addison TX 75001

Michael Lubliner lublinerm@energy.wsu.e

du

US 905 Plum St Olympia Education WA WSU Energy 

Program

98504

Vrushali Mendon vrushali.mendon@pnl.go

v

US 902 Battelle Blvd. Richland WA 99352

Caija Owens cowens@nahb.org US 1201 15th St NW washington Manufacturing DC NAHB 20005

Bryan Rocky bryan.rocky@jci.com US 3110 North Mead Street Wichita Manufacturing KS Johnson Controls 

Inc

67219

Peter Schneider pschneider@veic.org US 128 Lakeside Ave Burlington Energy, Chemical, Utilities VT Efficiency 

Vermont/VEIC

05401

Don Surrena dsurrena@nahb.org US 1201 15th St NW Washington Other DC National 

Association of 

Home Builders

20005

Michael Woodford mwoodford@ahrinet.org US 2111 Wilson Blvd., Suite # 500 Arlington Manufacturing VA AHRI 22201

anthony roy aroy@earthadvantage.or

g

US 623 SW Oak Portland OR 97204
II 

111TH CONGRESS 

1ST SESSION S. 1746 

To amend title XVIII of the Social Security Act to exempt small pharmacies 

from certain Medicare accreditation requirements for the purpose of 

providing diabetic testing strips under part B. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 1, 2009 

Mr. DORGAN introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To amend title XVIII of the Social Security Act to exempt 

small pharmacies from certain Medicare accreditation requirements for the purpose of providing diabetic testing 

strips under part B. 

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

3 SECTION 1. EXEMPTION OF SMALL PHARMACIES PRO4 VIDING DIABETIC TESTING STRIPS FROM 

5 CERTAIN MEDICARE ACCREDITATION RE6 QUIREMENTS. 

7 (a) IN GENERAL.—Section 1834(a)(20) of the Social 

8 Security Act (42 U.S.C. 1395m(a)(20)) is amended— 


smartinez on DSKB9S0YB1PROD with BILLS
2 

•S 1746 IS

1 (1) in subparagraph (F)— 

2 (A) in clause (i)— 

3 (i) by striking ‘‘clause (ii)’’ and in4 serting ‘‘clauses (ii) and (iii)’’; and 

5 (ii) by striking ‘‘and’’ at the end; 

6 (B) in clause (ii), by striking the period at 

7 the end and inserting ‘‘; and’’; and 

8 (C) by adding at the end the following new 

9 clause: 

10 ‘‘(iii) such standards and the accredi11 tation requirement of clause (i) shall not 

12 apply to a small pharmacy (as defined in 

13 subparagraph (G)) with respect to the fur14 nishing of diabetic testing strips.’’; and 

15 (2) by adding at the end the following new sub16 paragraph: 

17 ‘‘(G) DEFINITION OF SMALL PHARMACY.— 

18 For purposes of subparagraph (F)(iii), the term 

19 ‘small pharmacy’ means a pharmacy— 

20 ‘‘(i) with 10 or less distinct locations 

21 under sole or common control or owner22 ship, each of which has a license specific to 

23 that location; and 

24 ‘‘(ii) whose average total sales across 

25 all such locations is less than or equal to— 


smartinez on DSKB9S0YB1PROD with BILLS
3 

•S 1746 IS

1 ‘‘(I) for 2009, $6,500,000; and 

2 ‘‘(II) for a subsequent year, the 

3 dollar amount specified in this clause 

4 for the previous year increased by the 

5 annual percentage increase in the con6 sumer price index (all items; U.S. city 

7 average) as of June of such previous 

8 year.’’. 

9 (b) EFFECTIVE DATE.—The amendments made by 

10 this section shall take effect as if included in the enact11 ment of section 154(b)(1)(A) of the Medicare Improve12 ments for Patients and Providers Act of 2008 (Public Law 

13 110–275; 122 Stat. 2564). 

Æ 


smartinez on DSKB9S0YB1PROD with BILLS
Exhibit 13.2

CERTIFICATION

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code) I, David Patterson, Chief Executive Officer of Donner Mineral Ltd. (the Company) hereby certify, to my knowledge, that:

The Companys Annual Report on Form 20-F for the year ended February 29, 2004 (Report) fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and information contained in the Report fairly presents, in all material respects, the financial condition and results of the operations of the Company.


/s/David Patterson/s/
David Patterson
Chief Executive Officer
August 31, 2004

The foregoing certification is being furnished solely pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsection (a) and (b) of section 1350, chapter 63 of title 18, United States Code) and is not being filed as part of the Report or as a separate disclosure document.
<PAGE>

                                                                   Exhibit 10.21

December 21, 2006

Mr. Steve L. Brink
Quiksilver, Inc.
15202 Graham Street
Huntington Beach, California
92649

     RE: AMENDMENT TO EMPLOYMENT AGREEMENT

Dear Steve:

Reference is made to your Employment Agreement ("Agreement") dated May 25, 2005
by and between Quiksilver, Inc. ("Quiksilver") and you. Capitalized terms used
in this letter and not defined herein shall have the meaning ascribed to them in
the Agreement.

This letter amends the Agreement as follows:

1.   The parties agree to add clause 9(e) to the Agreement as follows:

"(e) Notwithstanding the foregoing, to the extent the Company reasonably
determines that any payment or benefit under this Agreement is subject to
Section 409A of the U.S. Internal Revenue Code, such payment or benefit shall be
made at such times and in such forms as the Company reasonably determines are
required to comply with Code Section 409A (including, without limitation, in the
case of a "specified employee" within the meaning of Code Section 409A, any
payments that would otherwise be made during the six-month period following
separation of service will be paid in a lump sum after the end of the six-month
period) and the Treasury Regulations and the transitional relief thereunder;
provided, however, that in no event will the Company be required to provide you
with any additional payment or benefit in the event that any of your payments or
benefits trigger additional income tax under Code Section 409A or in the event
that the Company changes the time or form of your payments or benefits in
accordance with this paragraph."

Except as expressly amended by this letter, the terms, conditions, covenants and
agreements contained in the Agreement remain unaffected by this letter and
continue in full force and effect. This letter is intended by the parties to
satisfy the requirement in clause 13 of the Agreement that any modification or
amendment to the Agreement be in writing and signed by both parties. Further,
this letter and the Agreement constitute the entire agreement between the
parties with respect to the subject matter set forth herein and therein and
supercede all other agreements, proposals, oral or written statements. Please
confirm your agreement by signing and returning one copy of this letter to the
undersigned, whereupon this letter will become a binding agreement between the
parties.

Very truly yours,


By:
    ---------------------------------
Name: Charles Exon
Title: Secretary and General Counsel
       Executive Vice President
       Business and Legal Affairs -
       International

Accepted and agreed to this ____ day of ____________, 2006


By:
    ---------------------------------
Name: Steve L. Brink
Title: Chief Financial Officer
       and Treasurer