alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15

- 40184 Conference Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v. JOEL SALGADO

- PADILLA , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:14

- CR

- 228

- 1

Before HIGGINBOTHAM, DENNIS, and HIGGINSON, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Jose Salgado

- Padilla raises an argument that he concedes is foreclosed by United States v. Martinez

- Lugo , 782 F.3d 198, 204

- 05 (5th Cir. 2015), petition for cert. filed (June 19, 2015) (No. 14

- 10355). In Martin ez - Lugo , 782 F.3d at 204

- 05, we held that an enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(i) for a prior conviction of a drug trafficking offense is warranted regardless whether the conviction for the prior

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances se t forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED October 2 2 , 2015

Lyle W. Cayce Clerk Case: 15-40184 Document: 00513243054 Page: 1 Date Filed: 10/22/2015No. 15

- 40184

2 offense required proof of remuneration or commerci al activity. Accordingly, the motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. Case: 15-40184 Document: 00513243054 Page: 2 Date Filed: 10/22/2015
SALARY TABLE 2008-DCB INCORPORATING THE 2.50% GENERAL SCHEDULE INCREASE AND A LOCALITY PAYMENT OF 20.89% FOR THE LOCALITY PAY AREA OF WASHINGTON-BALTIMORE-NORTHERN VIRGINIA, DC-MD-VA-WV-PA

(See http://www.opm.gov/oca/08tables/locdef.asp for definitions of locality pay areas.) (TOTAL INCREASE: 4.49%)

EFFECTIVE JANUARY 2008

Annual Rates by Grade and Step

x Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10

1 $ 20,607 $ 21,295 $ 21,980 $ 22,662 $ 23,347 $ 23,750 $ 24,427 $ 25,110 $ 25,137 $ 25,779 2 23,169 23,720 24,486 25,137 25,417 26,164 26,911 27,658 28,406 29,153 3 25,279 26,122 26,965 27,807 28,650 29,492 30,335 31,178 32,020 32,863 4 28,379 29,325 30,272 31,219 32,165 33,112 34,058 35,005 35,951 36,898 5 31,751 32,808 33,866 34,924 35,982 37,039 38,097 39,155 40,213 41,271 6 35,392 36,572 37,752 38,931 40,111 41,291 42,471 43,651 44,831 46,011 7 39,330 40,641 41,951 43,262 44,572 45,883 47,193 48,503 49,814 51,124 8 43,557 45,009 46,460 47,912 49,364 50,816 52,268 53,720 55,172 56,624 9 48,108 49,712 51,317 52,921 54,525 56,129 57,733 59,338 60,942 62,546 10 52,979 54,745 56,511 58,277 60,044 61,810 63,576 65,342 67,108 68,875 11 58,206 60,146 62,087 64,027 65,967 67,908 69,848 71,788 73,728 75,669 12 69,764 72,090 74,416 76,742 79,068 81,394 83,720 86,046 88,372 90,698 13 82,961 85,727 88,493 91,259 94,025 96,791 99,557 102,323105,088107,854 14 98,033101,301 104,569107,836111,104114,372117,639120,907 124,175127,442 15115,317 119,161 123,006126,850130,694134,538138,383142,227 146,071 149,000*

* Rate limited to the rate for level IV of the Executive Schedule (5 U.S.C. 5304 (g)(1)).
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3966 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3966

 To amend the American Reinvestment and Recovery Act of 2009 to extend 
  for 6 months the period of eligibility for COBRA premium assistance 
                            under such Act.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 29, 2009

Mr. Carson of Indiana introduced the following bill; which was referred 
    to the Committee on Education and Labor, and in addition to the 
 Committees on Ways and Means and Energy and Commerce, for a period to 
      be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL

 
 To amend the American Reinvestment and Recovery Act of 2009 to extend 
  for 6 months the period of eligibility for COBRA premium assistance 
                            under such Act.

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

SECTION 1. 6-MONTH EXTENSION OF ELIGIBILITY PERIOD FOR COBRA PREMIUM 
              ASSISTANCE UNDER ARRA.

    Section 3001(a)(3)(A) of division B of the American Recovery and 
Reinvestment Act of 2009 (Public Law 111-5) is amended by striking 
``December 31, 2009'' and inserting ``June 30, 2010''.
                                 <all>
```
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM BALANCE
SHEETS AND STATEMENTS OF INCOME AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          SEP-30-2000
<PERIOD-START>                             OCT-01-1999
<PERIOD-END>                               SEP-30-2000
<CASH>                                              54
<SECURITIES>                                         0
<RECEIVABLES>                                    1,901
<ALLOWANCES>                                         8
<INVENTORY>                                      3,816
<CURRENT-ASSETS>                                 6,102
<PP&E>                                           3,201
<DEPRECIATION>                                   1,881
<TOTAL-ASSETS>                                  10,117
<CURRENT-LIABILITIES>                            2,921
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             5
<OTHER-SE>                                       7,042
<TOTAL-LIABILITY-AND-EQUITY>                    10,117
<SALES>                                         26,881
<TOTAL-REVENUES>                                26,881
<CGS>                                           22,502
<TOTAL-COSTS>                                   29,306
<OTHER-EXPENSES>                                  (30)
<LOSS-PROVISION>                                    49
<INTEREST-EXPENSE>                                 156
<INCOME-PRETAX>                                (2,479)
<INCOME-TAX>                                     (759)
<INCOME-CONTINUING>                            (1,720)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,720)
<EPS-BASIC>                                        .38
<EPS-DILUTED>                                      .38


</TABLE>
[Cite as R.C.H. v. Russo, 2023-Ohio-4065.]

COURT OF APPEALS OF OHIO

EIGHTH APPELLATE DISTRICT

COUNTY OF CUYAHOGA

R.C.H., :

Relator, :

No. 113098

v. :

JUDGE JOHN J. RUSSO, :

Respondent. :

JOURNAL ENTRY AND OPINION

JUDGMENT: COMPLAINT DISMISSED

DATED: November 3, 2023

Writ of Procedendo

Motion No. 569058

Order No. 569133

Appearances:

R.C.H., pro se. 

Michael C. O’Malley, Cuyahoga County Prosecuting 

Attorney, and James E. Moss, Assistant Prosecuting 

Attorney, for respondent. 

EILEEN T. GALLAGHER, J.:

On August 17, 2023, the relator, R.C.H. commenced this procedendo 

action to compel the respondent judge to issue a final ruling on the relator’s motion 
for expungement of criminal record that he filed on April 6, 2023, in the underlying 

case, State v. R.C.H., Cuyahoga C.P. No. CR-12-568211-A.1 On October 30, 2023, 

the respondent judge moved for summary judgment on the grounds of mootness. 

Attached to the dispositive motion is a copy of the judge’s October 26, 2023 

judgment entry in which the respondent noted that he had heard the application for 

expungement and granted the motion. This journal entry establishes beyond doubt 

that the respondent judge has proceeded to judgment on the subject motion and that 

this case is moot.

Accordingly, this court grants the respondent judge’s motion for 

summary judgment and dismisses this application for procedendo action as moot. 

Respondent to pay costs; costs waived. This court directs the clerk of courts to serve 

all parties notice of the judgment and its date of entry upon the journal as required 

by Civ.R. 58(B).

Writ dismissed. 

_________________________

EILEEN T. GALLAGHER, JUDGE

ANITA LASTER MAYS, A.J., and 

MICHAEL JOHN RYAN, J., CONCUR

1 The relator named Judge Dick Ambrose as the respondent. However, he has 

retired, and Judge John J. Russo now presides over the case. Pursuant to Civ.R. 21, this 

court substitutes Judge John J. Russo as the proper respondent.
<PAGE>

                                                                      EXHIBIT 21

                           Listing of Subsidiary Corporations

Subsidiary Corporation                                    State of Incorporation
----------------------                                    ----------------------

Linens 'n Things Center, Inc.                             California

Bloomington MN., L.T., Inc.                               Minnesota

Linens 'n Things Investment Canada I Company              Nova Scotia, Canada

Linens 'n Things Investment Canada II Company             Nova Scotia, Canada

Rockford L.T., Inc.                                       Minnesota

Linens 'n Things Canada, Corp.                            Nova Scotia, Canada

Linens 'n Things Canada Limited Partnership               Alberta, Canada

LNT, Inc.                                                 New Jersey

LNT Leasing, LLC                                          Delaware

LNT Leasing II, LLC                                       Delaware
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JEREMY AMIN NYUWA,

Petitioner,

 v.

LORETTA E. LYNCH, Attorney General,

Respondent.

Nos. 13-74265

14-70333

14-71231

Agency No. A078-231-145

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted July 26, 2016**

Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.

Jeremy Amin Nyuwa, a native and citizen of Nigeria, petitions pro se for 

review of the Board of Immigration Appeals’ (“BIA”) orders denying his fifth 

motion to reopen (No. 13-74265), his subsequent motion to reconsider and sixth 

motion to reopen (No. 14-70333), and his subsequent motion to reconsider (No. 

 

* 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

AUG 3 2016

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
 2 13-74265 

14-71231). We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of 

discretion the BIA’s denial of motions to reopen and reconsider, Mohammed v. 

Gonzales, 400 F.3d 785, 791 (9th Cir. 2005), and we deny the petitions for review.

As to petition No. 13-74265, the BIA did not abuse its discretion in its 

November 21, 2013, order denying Nyuwa’s fifth motion to reopen as untimely

and number-barred where it was filed over seven years after the BIA’s final 

decision, see 8 C.F.R. § 1003.2(c)(2), and Nyuwa failed to establish an exception 

to the time and number limitations for filing a motion to reopen, see 8 C.F.R. 

§ 1003.2(c)(3)(ii); 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”). We reject Nyuwa’s contention that the BIA erred by not 

considering his evidence.

As to petition No. 14-70333, the BIA acted within its discretion in denying 

Nyuwa’s motion to reconsider because the motion failed to identify any error of 

fact or law in the BIA’s November 21, 2013, order. See 8 C.F.R. § 1003.2(b). 

Further, the BIA did not abuse its discretion in denying Nyuwa’s sixth motion to 

reopen as untimely and number-barred because Nyuwa failed to establish that he 

qualified for an exception to the time and numerical limits for filing a motion to 
 3 13-74265 

reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); see also Toufighi v. Mukasey, 538 F.3d 

988, 996 (9th Cir. 2008) (explaining the BIA can deny a motion to reopen based on 

changed country conditions for failure to establish prima facie eligibility for the 

relief sought). 

Finally, as to petition No. 14-71231, the BIA also acted within its discretion 

in denying Nyuwa’s motion to reconsider its January 22, 2014, order because 

Nyuwa failed to identify any error of fact or law in the BIA’s conclusion that he 

failed to establish a prima facie case for the relief he sought. See 8 C.F.R. 

§ 1003.2(b). 

PETITIONS FOR REVIEW DENIED.
```

[Federal Register Volume 79, Number 90 (Friday, May 9, 2014)]
[Proposed Rules]
[Page 26638]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: C1-2014-10033]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 79, No. 90 / Friday, May 9, 2014 / Proposed 
Rules

[[Page 26638]]

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 1005 and 1007

[Docket No. AO-388-A17 and AO-366-A46; DA-05-06-B]

Milk in the Appalachian and Southeast Marketing Areas; 
Termination of Proceeding

Correction

    In proposed rule document 2014-10033, appearing on pages 25032 
through 25033 in the issue of Friday, May 2, 2014, make the following 
correction:
    On page 25032, in the first column, in the DATES section, ``May 5, 
2013'' should read ``May 5, 2014''.

[FR Doc. C1-2014-10033 Filed 5-8-14; 8:45 am]
BILLING CODE 1505-01-D
```
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 12**  **- 6375** 

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,
v. CEDRICK L. SNIPES, a/k/a Cederick L. Snipes , Defendant

- Appellant
.

Appeal from the United States District Court for the District of South Carolina , at Charleston
. Patrick Michael Duffy , Senior District Judge. ( 2:05

- cr - 00718

- PMD

- 1 )

Submi t ted : May 31 , 2012 Decided: June 6, 2012

Before KING, DUNCAN, and D IAZ , Circuit Judges.

Affirmed by un published per curiam opinion
. Cedrick L. Snipes, Appellant Pro Se. Peter Thomas Phillips, Assistant United States Attorney, Charleston, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in t his circuit.2 PER CURIAM:
C edrick L. Snipes appeals the district court’s order denying h is motion seeking a reduction of sentence under 18 U.S.C. § 3582 (2006) . We have reviewed the record and find no reversible error, given that Snipes is ineligible for the reduction that he seeks. Accordingly, we affirm the judgment of the district court. United States v. Snipes , No. 2:05

- cr - 00 718

- PMD

- 1 (D.S.C. Feb. 13, 2012). We dispense with oral argument because the facts and legal contentions are adequately presen ted in the materials before the court and argument would not aid the decisional process.

AFFIRMED
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

LAWRENCE SMITH
, Appellant,

v.

STATE OF FLORIDA
, Appellee

.

No. 4D 19

- 1599

[ December 5, 2019 ]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County ; Barbara R. Duffy , Judge; L.T. Case No. 01

- 12538CF

10A

.

Carey Haughwout, Public Defender, and Claire Victoria Madill, Assistant Public Defender, West Palm Beach, for appellant.

Ashley Moody, Attorney General, Tallahassee, and Melynda L. Melear,

Senior Ass istant Attorney General, West Palm Beach, for appellee.

P ER C URIAM

.

Affirmed.

W ARNER
, T AYLOR and C ONNER

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
|   | (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. |
|--------|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   |   |                                                     |   |
|--------|--------|----------------------------------------------------------|--------|
|        |        | /s/      SAMUEL L. WESTOVER                         |   |
|   |   | Samuel      L. Westover                                  |   |
|   |   | Chairman and Chief Executive Officer |   |
|   |   | August 13, 2010                                |   |

|   |   |                                                                |   |
|--------|--------|---------------------------------------------------------------------|--------|
|        |        | /s/      MICHAEL  M. HALLORAN                                  |   |
|   |   | Michael      M. Halloran                                            |   |
|   |   | Vice President and Chief Financial Officer |   |
|   |   | August 13, 2010                                           |   |

----
**Exhibit 99.1**

 

Certification pursuant toSection 1350 of Chapter 63 of Title 18 of the United States Code

 

I, Kirk Loevner, the ChiefExecutive Officer and President of Pinnacor Inc. (the “Company”), certify that(i) the Company’s 10-Q for the quarter ended September 30, 2002 fully complieswith the requirements of Section 13(a) or 15(d) of the Securities Exchange Actof 1934 and (ii) the information contained in such 10-Q fairly presents, in allmaterial respects, the financial condition and results of operations of theCompany.

 

 
| /s/ Kirk  Loevner |   |
|-------------------|--------|

Kirk Loevner, CEO &President

Date: November 14, 2002

 

 

----
II 

Calendar No. 389 

111TH CONGRESS 

2D SESSION H. R. 4017 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 11, 2009 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

MAY 18, 2010 

Reported by Mr. LIEBERMAN, without amendment 

AN ACT 

To designate the facility of the United States Postal Service 

located at 43 Maple Avenue in Shrewsbury, Massachusetts, as the ‘‘Ann Marie Blute Post Office’’. 

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

3 SECTION 1. ANN MARIE BLUTE POST OFFICE. 

4 (a) DESIGNATION.—The facility of the United States 

5 Postal Service located at 43 Maple Avenue in Shrewsbury, 

6 Massachusetts, shall be known and designated as the 

7 ‘‘Ann Marie Blute Post Office’’. 


PWALKER on DSK8KYBLC1PROD with BILLS
2 

•HR 4017 RS

1 (b) REFERENCES.—Any reference in a law, map, reg2 ulation, document, paper, or other record of the United 

3 States to the facility referred to in subsection (a) shall 

4 be deemed to be a reference to the ‘‘Ann Marie Blute Post 

5 Office’’. 


PWALKER on DSK8KYBLC1PROD with BILLS

PWALKER on DSK8KYBLC1PROD with BILLS
Calendar No. 389 

111TH CONGRESS 

2D SESSION H. R. 4017 

AN ACT 

To designate the facility of the United States PostPost Office’’. bury, Massachusetts, as the ‘‘Ann Marie Blute al Service located at 43 Maple Avenue in ShrewsMAY 18, 2010 

Reported without amendment 


PWALKER on DSK8KYBLC1PROD with BILLS
<TABLE> <S> <C>

<ARTICLE>                           5
<LEGEND>                            This schedule contains summary financial 
                                    information extracted from the consolidated 
                                    Statements of Operations and Balance Sheets 
                                    and is qualified in its entirety by
                                    reference to such financial statements.
</LEGEND>
<MULTIPLIER>                        1
<CURRENCY>                          US Dollars
       
<S>                                 <C>  
<PERIOD-START>                      JAN-1-1998
<PERIOD-TYPE>                       9-MOS
<FISCAL-YEAR-END>                   DEC-31-1998
<PERIOD-END>                        SEP-30-1998
<EXCHANGE-RATE>                     1
<CASH>                              1,198,994
<SECURITIES>                        0
<RECEIVABLES>                       26,732,965
<ALLOWANCES>                        721,240
<INVENTORY>                         0
<CURRENT-ASSETS>                    30,825,380
<PP&E>                              66,215,205
<DEPRECIATION>                      13,297,589
<TOTAL-ASSETS>                      131,350,975
<CURRENT-LIABILITIES>               34,308,700
<BONDS>                             0
<COMMON>                            221,110
<PREFERRED-MANDATORY>               0
<PREFERRED>                         0
<OTHER-SE>                          38,146,788
<TOTAL-LIABILITY-AND-EQUITY>        131,350,975
<SALES>                             115,028,425
<TOTAL-REVENUES>                    115,028,425
<CGS>                               0
<TOTAL-COSTS>                       110,990,963
<OTHER-EXPENSES>                    0
<LOSS-PROVISION>                    0
<INTEREST-EXPENSE>                  3,293,897
<INCOME-PRETAX>                     3,478,989
<INCOME-TAX>                        251,953
<INCOME-CONTINUING>                 3,227,036
<DISCONTINUED>                      0
<EXTRAORDINARY>                     0
<CHANGES>                           0
<NET-INCOME>                        3,227,036
<EPS-PRIMARY>                       0.15
<EPS-DILUTED>                       0.14
        

</TABLE>
Amendment No. 1 to Mr. Simon Employment Agreement


 Exhibit 10.3 

AMENDMENT NO. 1 

TO THE 

EMPLOYMENT AGREEMENT 

THIS AMENDMENT NO. 1 (“Amendment”) is made and entered into this
26th day
 of May, 2010, between Infinity Property and Casualty Corporation, an Ohio corporation (the “Company”) and Samuel J. Simon (the “Executive”). 

WHEREAS, the parties have previously entered into an Employment Agreement, dated August 1, 2007 (the “Agreement”); and 

WHEREAS, the parties desire to amend certain terms and conditions of the Agreement. 

NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows: 

 

	 	1.	Section 3.3(c) is hereby deleted in its entirety and replaced with the following: 


lump-sum payment of three hundred thousand dollars ($300,000) pro-rated based on the actual number of days elapsed in the year in which
the Executive’s termination takes place, plus six hundred thousand dollars ($600,000), with such payment to be made subject to federal, state and applicable withholding taxes and payments; 

	 	2.	Section 3.3(j) is hereby deleted in its entirety. 


	 	3.	The parties agree that, except as amended hereby, all of the other terms and conditions of the Agreement shall remain unchanged. 


IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first written above. 

 

					
	Infinity Property And Casualty Corporation:	  	Executive:
			
	By:	 	/s/ James R. Gober 	  	By: /s/ Samuel J. Simon
			
	Name:	 	James R. Gober	  	Name: Samuel J. Simon
			
	Title:	 	Chairman, Chief Executive Officer and President