alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
116TH CONGRESS 

1ST SESSION H. R. 1088 

AN ACT 

To authorize the Society of the First Infantry Division to 

make modifications to the First Division Monument located on Federal Land in President’s Park in the District of Columbia, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 1088 EH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘First Infantry Rec3 ognition of Sacrifice in Theater Act’’ or the ‘‘FIRST Act’’. 

4 SEC. 2. MODIFICATION TO FIRST DIVISION MONUMENT. 

5 (a) AUTHORIZATION.—The Society of the First In6 fantry Division (an organization described in section 

7 501(c)(3) of the Internal Revenue Code of 1986 and ex8 empt from taxation under section 501(a) of that code), 

9 may make modifications (including construction of addi10 tional plaques and stone plinths on which to put the 

11 plaques) to the First Division Monument located on Fed12 eral land in President’s Park in the District of Columbia 

13 that was set aside for memorial purposes of the First In14 fantry Division, in order to honor the members of the 

15 First Infantry Division who paid the ultimate sacrifice 

16 during United States operations, including Operation 

17 Desert Storm, Operation Iraqi Freedom and New Dawn, 

18 and Operation Enduring Freedom. The First Infantry Di19 vision at the Department of the Army shall collaborate 

20 with the Department of Defense to provide to the Society 

21 of the First Infantry Division the list of names to be 

22 added. 

23 (b) NON-APPLICATION OF COMMEMORATIVE WORKS

24 ACT.—Subsection (b) of section 8903 of title 40, United 

25 States Code (commonly known as the ‘‘Commemorative 
3 

•HR 1088 EH

1 Works Act’’), shall not apply to actions taken under sub2 section (a) of this section. 

3 (c) FUNDING.—Federal funds may not be used to pay 

4 any expense of the activities of the Society of the First 

5 Infantry Division which are authorized by this section. 

Passed the House of Representatives November 20, 

2019. 

Attest: 

Clerk. 
116TH CONGRESS 

1ST SESSION H. R. 1088 

AN ACT 

To authorize the Society of the First Infantry Diviother purposes. dent’s Park in the District of Columbia, and for Monument located on Federal Land in Presi- sion to make modifications to the First Division
# United States Court of Appeals **for the Fifth Circuit**

No. 22-40164 Summary Calendar

United States of America,
Plaintiff—Appellee ,

versus
Zack Zembliest Smith, III,
Defendant—Appellant

.

Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:94-CR-68-1

Before Stewart, Dennis, and Willett, Circuit Judges

. Per Curiam: * Zack Zembliest Smith, III, federa l prisoner # 04838-078, moves for leave to proceed in forma pa uperis (IFP) to appeal th e district court’s denial of his motion for compassionate releas e under 18 U.S.C. § 3582(c)(1)(A). Smith also moves this court for leave to amend his motion for compassionate release. His motion for leave to amend is DENIED , and we do not consider

* This opinion is not designated for publication. See 5th Cir. R. 47.5

. United States Court of Appeals Fifth Circuit 

### FILED December 28, 2022 Lyle W. Cayce Clerk Case: 22-40164 Document: 00516591575 Page: 1 Date Filed: 12/28/2022No. 22-40164

2 any grounds for compassionate releas e in the proposed amended complaint that are raised for the first time on appeal. See United States v. Thompson , 984 F.3d 431, 432 n.1 (5th Cir. 2021); Cinel v. Connick , 15 F.3d 1338, 1346 (5th Cir. 1994). To proceed IFP on appeal, Smith must demonstrate both financial eligibility and a nonfrivo lous issue for appeal. See Carson v. Polley , 689 F.2d 562, 586 (5th Cir. 1982). An issue is nonfri volous if it is arguable on its merits. Howard v. King , 707 F.2d 215, 220 (5th Cir. 1983). Here, the district court found that Smith had not shown ex traordinary and compelling reasons justifying a reduction in his sentence an d that the 18 U.S.C. § 3553(a) factors did not support his release. We conclu de that Smith has failed to identify a nonfrivolous basis for challenging the district court’s determination that the § 3553(a) factors did not support his release. See United States v. Chambliss , 948 F.3d 691, 693-94 (5th Cir. 2020). Therefore, we DISMISS Smith’s appeal as frivolous and DENY the motion to proceed IFP on appeal. See Baugh v. Taylor , 117 F.3d 197, 202 & n.24 (5th Cir. 1997); 5th Cir. R. 42.2. Case: 22-40164 Document: 00516591575 Page: 2 Date Filed: 12/28/2022
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```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1061 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 1061

To modify the boundary of the Fort Scott National Historic Site in the 
                State of Kansas, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 7, 2019

 Mr. Watkins (for himself, Ms. Davids of Kansas, Mr. Marshall, and Mr. 
    Estes) introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
To modify the boundary of the Fort Scott National Historic Site in the 
                State of Kansas, and for other purposes.

    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 ``Fort Scott National Historic Site 
Boundary Modification Act''.

SEC. 2. FORT SCOTT NATIONAL HISTORIC SITE BOUNDARY.

    Public Law 95-484 (92 Stat. 1610) is amended--
            (1) in the first section--
                    (A) by inserting ``, by purchase with appropriated 
                funds, or by exchange'' after ``donation''; and
                    (B) by striking the proviso; and
            (2) in section 2--
                    (A) by striking ``sec. 2. When'' and inserting the 
                following:

``SEC. 2. ESTABLISHMENT.

    ``(a) In General.--When''; and
                    (B) by adding at the end the following:
    ``(b) Boundary Modification.--The boundary of the Fort Scott 
National Historic Site established under subsection (a) is modified as 
generally depicted on the map referred to as `Fort Scott National 
Historic Site Proposed Boundary Modification', numbered 471/80,057, and 
dated February 2016.''.
                                 <all>
```
[Federal Register Volume 78, Number 6 (Wednesday, January 9, 2013)]
[Notices]
[Page 1864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00172]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Heart, Lung, and Blood Institute; 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 Heart, Lung, and Blood Institute 
Special Emphasis Panel Phase II Trials in Lung Disease.
    Date: February 1, 2013.
    Time: 8:00 a.m. to 5:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Renaissance Washington DC, Dupont Circle, 1143 New 
Hampshire Avenue NW., Washington, DC 20037.
    Contact Person: Stephanie L. Constant, Ph.D., Scientific Review 
Officer, Office of Scientific Review/DERA, National Heart, Lung, and 
Blood Institute, 6701 Rockledge Drive, Room 7189, Bethesda, MD 
20892, 301-443-8784, <a href="/cdn-cgi/l/email-protection#25464a4b5651444b515649654b4d49474c0b4b4c4d0b424a53"><span class="__cf_email__" data-cfemail="51323e3f2225303f25223d113f393d33387f3f38397f363e27">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.233, 
National Center for Sleep Disorders Research; 93.837, Heart and 
Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839, 
Blood Diseases and Resources Research, National Institutes of 
Health, HHS)

    Dated: January 3, 2013.
Michelle Trout,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2013-00172 Filed 1-8-13; 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>
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<PAGE>   1
                                                                Exhibit(10)(xii)

                               FIRST AMENDMENT TO
                          1996 UNIT INCENTIVE PLAN FOR
                         KEY EMPLOYEES OF BORDEN, INC.
                             AND ASSOCIATED PERSONS



         This Amendment dated December 5, 1997, is made to allow for the
transferability, in certain circumstances, of certain Grants made under the Plan
as approved by the Compensation Committee of the Board of Directors of Borden,
Inc. on November 21, 1997.



                                   AMENDMENTS
                                   ----------

         Section 6(f) is amended as follows:


         6. Limitations and Conditions
            --------------------------


                  (f)      The first sentence of Section 6(f) is amended to
                           delete the words "transfer" and "assignment."

                  The following language is added to the end of paragraph (f):

                           "Notwithstanding the foregoing, the Committee may,
                  in its discretion, authorize all or a portion of the options
                  or UARs to be granted to an optionee to be on terms which
                  permit transfer by such optionee to (1) the spouse, children
                  or grandchildren of the optionee ("Immediate Family
                  Members"), (ii) a trust or trusts for the exclusive benefit of
                  such Immediate Family Members, or (iii) a partnership or
                  other entity in which such Immediate Family Members are the
                  only partners, members or beneficiaries, provided that, (x)
                  the stock option agreement pursuant to which such options are
                  granted must be approved by the Committee, and must expressly
                  provide for transferability in a manner consistent with this
                  Section, (y) subsequent transfers of transferred options shall
                  be prohibited except transfers by will or by the applicable
                  laws of descent and distribution, and (z) the transferees
                  shall agree to be bound by the provisions of this Plan.
                  Following transfer, any such options shall continue to be
                  subject to the same terms and conditions as were applicable
                  immediately prior to transfer."


          *              *              *              *              *
THE VISUAL AIDS ON THE FOLLOWING 

PAGES ARE FOR REFERENCE ONLY AND 

NOT INTENDED FOR OFFICIAL USE.

TO PURCHASE OFFICIAL VISUAL AIDS PLEASE CONTACT 

THE SPECIALTY CROPS INSPECTION DIVISION’S 

EQUIPMENT AND FORMS DEPOT 

USDA, AMS, FVP, SCI

831 MITTEN ROAD, ROOM 200

BURLINGAME, CA 94010

PHONE: 650-552-9073

FAX: 650-552-9147

EQUIPMENT CATALOG
OKRA 

Lengthwise cut of pod exposing seeds. 

Bacterial Soft Rot (early stages) 

OK-1-IDENT

FOR IDENTIFICATION ONLY September 1990

(Previously OK-CP-1, November 1976)
OKRA 

Top & Center: U.S. No. 1 – Maximum allowed before scoring 

 as damaged. 

Bottom: Damage by discoloration (or scarring) NOT

 U.S. No. 1

Top & Bottom: Seriously damaged bCenter: Seriously damaged by shrive

 brown discoloration. 

Scarring, Discolorat

September 1990 (Previo
## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S NO. WR-86,442-01

EX P ARTE RONNIE LEE DAWSON JR. , Applicant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 22806 IN THE 336 DISTRICT COURT T H F ROM F ANNIN C OUNTY

Per curiam . O R D E R Pursuant to the provisi o n s o f Ar t icle 11.07 of the Texas Code of Criminal Procedur e, the cler k of the trial court transmitted to this Court this application for a writ of habea s corpus. Ex parte Y oung , 418 S.W .2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of manufa cture or delivery of controlled substance and sentenc ed to eig ht y ear s’ imprisonment. He did not appea l his conviction. Applicant contends, among other things, that h is trial counsel rende red ineffe ctive assistance beca use counse l did not investi g ate whe ther the of fense occur

red w ithin a drug fre e zone. Applicant has alleg ed fac ts that, if true, might entitle him to relief

. Strickland v. W

ashington , 466 U.S. 668 (1984); Ex parte Patterson , 993 S.W .2d 114, 115 (Tex. Crim. App. 1999). In these2

circ umstances, additional fac ts are neede d. As we held in Ex parte Rodriguez , 334 S.W .2d 294, 294 (Tex. Crim. App. 1960), the trial court is the appropr iate forum for finding s of fac t. The trial court shall order trial counsel to respond to Applicant’s claim of i neff ective assistance o f co u n s el. The trial court may

use any means set out in T E X . C O D E C R I M . P R O C . art. 11.07, § 3(d)

. I f t he trial court elects t o hold a hearing , it shall deter mine whether Applicant i s indige nt. I f Applicant is indige nt and wishes to be repr es en t ed by counsel, the trial court shall appoint an attorney to repre sent Applicant at the hear ing. T E X . C O D E C R I M . P R O C . art. 26.04. The trial court shall make finding s of fac t and conclusion s o f l aw as to whether the perf ormanc e of App l i ca n t’s trial counsel was defic ient and, if so, whether counsel’s defic ient perf ormanc e prejudice d Applicant. The trial court shall also make specific finding s of fac t deter mining the specific location of this offe nse and the distance betwee n wher e the offe nse occur red and the drug fre e zone a lleg ed in the indictment. T he trial court shall also make any other finding s of fac t and conclusions of law that it deems rele vant and appropr iate to the dispositi on of Applicant’s claim for ha

beas c orpus re lief. This application will be held in abeyance until the trial court has resolved the fac t issues. The issues shall be resolved within 90 day s of this order

. A sup p l em en t al t ranscript containing all aff idavits and int err og atories or the t ransc ription of t he court repor ter’s notes from any hearing or deposition, along with the trial court’ s supplemental finding s of fa ct and c onclusions of law, shall be for war ded to this Court within 120 day s of the date of this order. A ny extensions of ti me must be re quested by

the trial cour

t and shall be obtaine d from this Court. Filed: Apr il 5, 2017 Do not publish
<PAGE>

                                                                    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

     Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Section 1350 of
Chapter 63 of Title 18 of the United States Code), each of the undersigned
officers of Finlay Enterprises, Inc., (the "Company") does hereby certify with
respect to the Quarterly Report of the Company on Form 10-Q for the period ended
May 1, 2004 (the "Report") that:

     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: June 10, 2004

                                               /s/ Arthur E. Reiner
                                               ---------------------------------
                                               Arthur E. Reiner
                                               Chairman, President and Chief
                                               Executive Officer









The foregoing certification is being furnished solely pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002 (Section 1350 of Chapter 63 of Title 18 of the
United States Code) and is not being filed as part of the Report or as a
separate disclosure document.
#### The People of the State of New York, Respondent, v James Knight, Appellant.

—Judgment unanimously affirmed. Memorandum: Defendant failed to preserve for review his contention that the court’s instruction on intoxication was improper. We decline to reach the issue in the interest of justice because the charge as given, contrary to defendant’s argument, was a correct statement of the law and did not impermissibly shift the burden of proof to the defendant.

Defendant also failed to object to the court’s charge on flight. Although the charge did not specifically mention that evidence of flight is of limited value *(see, People v Yazum,*13 NY2d 302, 304, *rearg denied*15 NY2d 679), the court did charge that flight may have an innocent explanation *(see, People v Atson,*139 AD2d 520, 521, *lv denied*72 NY2d 856). The language of the charge was permissive and did not imply that the jury had to find defendant guilty by virtue of his flight *(see, People v Buggs,*109 AD2d 1052). Consequently, reversal in the interest of justice is not warranted.

We have examined the remaining issues raised by counsel and by defendant and find them to be without merit. Finally, in our view, the sentence is not harsh and excessive and we decline to modify it. (Appeal from Judgment of Supreme Court, Monroe County, Bergin, J.—Murder, 2nd Degree.) Present—Doerr, J. P., Boomer, Green, Pine and Davis, JJ.
<PAGE>

                                                                       EX-10.8.3

                      DESCRIPTION OF MANAGEMENT BONUS PLAN

The Management Bonus Plan provides bonus compensation to DDi Corp.'s officers,
including the Chief Executive Officer and DDi Corp.'s other executive officers
and certain other employees who have corporate responsibilities. Under the
Management Bonus Plan, a participant receives a percentage of a target bonus
calculated by comparing actual adjusted earnings per share of the Company's
Common Stock with targeted earnings per share. The targets are set annually by
the Board.

Payments under the Management Bonus Plan, if any, are made quarterly according
to a formula established by the Board for the first three quarters in the year
in which the bonus is earned, with a final bonus payment being made in the
fiscal year subsequent to the fiscal year in which the bonus was earned.

The Management Bonus Plan is administered by the Board of Directors and is
subject to change or termination by the Board at any time.
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