alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 06-3456

___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * District of Nebraska. Marvin F. Baker, * * [UNPUBLISHED] Appellant. *

___________ Submitted: June 21, 2007 Filed: June 26, 2007

___________ Before RILEY, MAGILL, and MELLOY, Circuit Judges.

___________ PER CURIAM. In this direct criminal appeal of his 33-month prison sentence for possessing a firearm with an obliterated serial number, Marvin F. Baker (Baker) challenges his sentence as unreasonable under 18 U.S.C. § 3553( a) for failure to give appropriate weight to mitigating factors in his criminal history, such as his age, and for making a clear error in judgment when balancing the § 3553(a) factors.1 The Honorable Laurie Smith Camp, United States District Judge for the District of Nebraska.
-2- Upon careful review of the record, we conclude the district court 1 did not abuse its discretion in sentencing Baker to 33 months’ imprisonment. See United States v. Haack , 403 F.3d 997, 1003 (8th Cir.) (standard of review), cert. denied , 126 S. Ct. 276 (2005). We afford a presumption of reasonableness to the district court’s sentence, which fell at the bottom of the advisory Sentencing Guidelines range. See Rita v. United States , No. 06-5754, 2007 WL 1772146, at *__ (U.S. June 21, 2007) (affirming the application of a presumpti on of reasonableness by a court of appeals to a district court’s sentence that refl ects a proper application of the Sentencing Guidelines); United States v. Likens , 464 F.3d 823, 825 (8th Cir. 2006) (“The guideline range, though advisory, is presumed to be reasonable.” (citation omitted)). The district court appropriately weighe d Baker’s youth and relatively minor past crimes against other § 3553(a) factors, su ch as the need fo r a significant prison sentence to halt Baker’s pattern of crimin al conduct and the need for a sentence long enough to provide Baker with meaningf ul rehabilitation a nd training. See 18 U.S.C. § 3553(a)(1) (history and characteristics of defendant), (a)(2)(B ) (afford adequate deterrence), and (a)(2)(D) (pr ovide defendant with needededucational or vocational training, medical care, or other correcti onal treatment in most effective manner); United States v. Swehla , 442 F.3d 1143, 1145-47 (8th Cir. 2006) (upholding sentence and finding criminal history not overs tated where the defendant committed many crimes from ages 15 to 18).
Therefore, we affirm.

______________________________
#### Charles W. Eastwood et al., Respondents, *v.*James McNulty et al., Appellants.

(Argued September 28, 1871;

decided January term, 1872.)

Action for accounting between partners. The only questions presented were as to the construction of the articles of co-partnership.

*Devoid MoAdam*for the appellants.

*8. T. Freemcm*for the respondents.

Hunt and Leonabd, CO., read for affirmance.

All concur. Judgment affirmed, with costs.
[Federal Register Volume 87, Number 31 (Tuesday, February 15, 2022)]
[Notices]
[Pages 8629-8630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03186]


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

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration #17338 and #17339; Colorado Disaster Number CO-
00137]


Presidential Declaration of a Major Disaster for Public 
Assistance Only for the State of Colorado

AGENCY: Small Business Administration.

ACTION: Notice.

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

SUMMARY: This is a Notice of the Presidential declaration of a major 
disaster for Public Assistance Only for the State of Colorado (FEMA-
4634-DR), dated 02/09/2022.
    Incident: Wildfires and Straight-line Winds.
    Incident Period: 12/30/2021 through 01/07/2022.

DATES: Issued on 02/09/2022.
    Physical Loan Application Deadline Date: 04/11/2022.
    Economic Injury (EIDL) Loan Application Deadline Date: 11/09/2022.

ADDRESSES: Submit completed loan applications to: U.S. Small Business 
Administration, Processing and Disbursement Center, 14925 Kingsport 
Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster 
Assistance, U.S. Small Business Administration,

[[Page 8630]]

409 3rd Street SW, Suite 6050, Washington, DC 20416, (202) 205-6734.

SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of 
the President's major disaster declaration on 02/09/2022, Private Non-
Profit organizations that provide essential services of a governmental 
nature may file disaster loan applications at the address listed above 
or other locally announced locations.
    The following areas have been determined to be adversely affected 
by the disaster:

Primary Counties: Boulder.

    The Interest Rates are:

------------------------------------------------------------------------
                                                                Percent
------------------------------------------------------------------------
For Physical Damage:
  Non-Profit Organizations with Credit Available Elsewhere...      1.875
  Non-Profit Organizations without Credit Available Elsewhere      1.875
For Economic Injury:
  Non-Profit Organizations without Credit Available Elsewhere      1.875
------------------------------------------------------------------------

    The number assigned to this disaster for physical damage is 17338 5 
and for economic injury is 17339 0.

(Catalog of Federal Domestic Assistance Number 59008)

Barbara Carson,
Acting Associate Administrator for Disaster Assistance.
[FR Doc. 2022-03186 Filed 2-14-22; 8:45 am]
BILLING CODE 8026-03-P
I 

118TH CONGRESS 

1ST SESSION H. R. 6355 

To amend the Combat Duty Pay Act of 1952 to require that former members 

of the uniformed services who were captured or entered a missingin-action status during the Korean War while serving as a member 

of a combat unit in Korea receive combat pay for each month spent 

in a captured or missing-in-action status, rather than just a total of 

four months. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 9, 2023 

Mr. RYAN introduced the following bill; which was referred to the Committee 

on Armed Services 

A BILL 

To amend the Combat Duty Pay Act of 1952 to require 

that former members of the uniformed services who were 

captured or entered a missing-in-action status during 

the Korean War while serving as a member of a combat 

unit in Korea receive combat pay for each month spent 

in a captured or missing-in-action status, rather than 

just a total of four months. 

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


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•HR 6355 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Never Forgotten Ko3 rean War POW Act’’. 

4 SEC. 2. RECOGNITION OF ENTIRE PERIOD SPENT IN A CAP5 TURED OR MISSING-IN-ACTION STATUS DUR6 ING THE KOREAN WAR FOR RECEIPT OF 

7 COMBAT PAY. 

8 (a) IN GENERAL.—Section 704(b) of the Combat 

9 Duty Pay Act of 1952 (title VII of Department of Defense 

10 Appropriation Act, 1953; 66 Stat. 539) is amended by 

11 striking ‘‘for not more than three months thereafter’’ and 

12 inserting ‘‘for each month thereafter’’. 

13 (b) APPLICATION OF AMENDMENT.— 

14 (1) COVERED PERSONS.—Section 704(b) of the 

15 Combat Duty Pay Act of 1952, as amended by sub16 section (a), applies only with respect to a former 

17 member of the uniformed services who received com18 bat pay under such section and who is alive as of 

19 the date of the enactment of this Act. 

20 (2) COMBAT PAY AMOUNT.—In determining the 

21 actual amount to be paid to a former member of the 

22 uniformed services covered by paragraph (1), the 

23 Secretary of Defense shall increase the amount de24 termined under section 704(b) of the Combat Duty 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

•HR 6355 IH

1 Pay Act of 1952, as amended by subsection (a), 

2 using an appropriate inflation adjustment. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

GREGORY THOMAS,

Petitioner

v.

SECRETARY OF PENNSYLVANIA 

DEPARTMENT OF CORRECTIONS,

Respondent

:

:

:

:

:

:

:

:

:

:

:

:

No. 140 EM 2019

ORDER

PER CURIAM

AND NOW, this 19th day of February, 2020, the Application for Leave to File 

Original Process is GRANTED, and the “Petition for Writ of Mandamus Pursuant to 

Pa.R.A.P. 3307 Petition to the Kings [sic] Bench” is DENIED.
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from the
financial statements contained in the body of the accompanying Form 10-K of
MUZAK FINANCE CORPORATION and is qualified in its entirety by reference to such
financial statements.
</LEGEND>
<CIK>                         0001086484
<NAME>                        MUZAK FINANCE CORP
<MULTIPLIER>                                   1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-END>                                   DEC-31-1999
<CASH>                                         0
<SECURITIES>                                   0
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               0
<PP&E>                                         0
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 0
<CURRENT-LIABILITIES>                          0
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     0
<TOTAL-LIABILITY-AND-EQUITY>                   0
<SALES>                                        0
<TOTAL-REVENUES>                               0
<CGS>                                          0
<TOTAL-COSTS>                                  0
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                0
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            0
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   0
<EPS-BASIC>                                    0
<EPS-DILUTED>                                  0


</TABLE>
A.S., a juvenile, Appellant, v. The STATE of Florida, Appellee.

No. 3D17-0514

District Court of Appeal of Florida, Third District.

Opinion filed May 9, 2018

Carlos J. Martinez, Public Defender, and Natasha Baker-Bradley, Assistant Public Defender, for appellant.

Pamela Jo Bondi, Attorney General, and Sandra Lipman, Assistant Attorney General, for appellee.

Before LAGOA, SCALES and LUCK, JJ.

PER CURIAM.

Affirmed. *See**Lopez v. State*, 225 So.3d 330, 333 (Fla. 3d DCA 2017) (affirming convictions for possession of cocaine, tampering with evidence, and resisting an officer without violence, and denial of suppression motion, because "a police officer, consistent with the reasonableness requirement of the Fourth Amendment, may order a passenger to exit a lawfully stopped vehicle and may detain the passenger at the scene during the completion of the traffic stop"), *review denied*, No. SC17-1563, 2018 WL 1037697 (Fla. Feb. 23, 2018).
AAM-13-048-E

November 28, 2012

 Exemption No. 10239A

 Regulatory Docket No.: FAA-2011-0247

Mr. James Harvilchuck

Drug Program Manager

Better Living Aviation, Inc.

130 South Clow International Parkway, Suite B

Bollingbrook, IL 60490

Dear Mr. Harvilchuck:

This letter is to inform you that we have granted your petition to extend Exemption No. 

10239, as amended. It explains the basis for our decision, describes its effect, and lists the 

conditions and limitations.

The Basis for Our Decision

By letter dated October 20, 2012, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Better Living Aviation (BLA) for an extension of Exemption No. 10239, as 

amended. That exemption from part 120 of Title 14, Code of Federal Regulations (14 CFR)

allows BLA to cover its safety sensitive employees under one testing program while operating 

under separate parts of the regulation.

In your petition, you indicate that there has been no change in the conditions and reasons 

relative to public interest and safety that were the basis for granting the original exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested extension of the exemption would not set a 

precedent, and any delay in acting on this petition would be detrimental to BLA.

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 10239, as 

amended, remains valid with respect to this exemption and is in the public interest. Therefore, 
2

under the authority provided by 49 U.S.C. 40113 and 44701, which the FAA Administrator 

has delegated to me, I grant your petition, subject to the following conditions and limitations.

Conditions and Limitations

1. Employees of Better Living Aviation, Inc. are subject to the drug and alcohol

regulations at all times while conducting operations under part 135 or part 91.

2. The drug and alcohol program must be implemented under the auspices of the Better 

Living Aviation, Inc. part 135 operation, not under part 91.

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 10239 to April 30, 2015 unless 

sooner superseded or rescinded. 

Sincerely,

/s/

Fredrick E. Tilton, M.D.

Federal Air Surgeon
[Federal Register Volume 87, Number 32 (Wednesday, February 16, 2022)]
[Notices]
[Page 8860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03247]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute on Drug Abuse; 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 Drug Abuse Special 
Emphasis Panel; Exploratory Studies to Investigate the Mechanisms of 
Interrelationship Between Sleep and Substance Use Disorders.
    Date: February 28, 2022.
    Time: 12:00 p.m. to 5:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, National Institute on Drug 
Abuse, 301 North Stonestreet Avenue, Bethesda, MD 20892 (Virtual 
Meeting).
    Contact Person: Jenny Raye Browning, Ph.D., Scientific Review 
Officer, Scientific Review Branch, Division of Extramural Research, 
National Institute on Drug Abuse, 301 North Stonestreet Avenue, 
Bethesda, MD 20892 (301) 443-4577, <a href="/cdn-cgi/l/email-protection#cba1aea5a5b2e5a9b9a4bca5a2a5ac8ba5a2a3e5aca4bd"><span class="__cf_email__" data-cfemail="c3a9a6adadbaeda1b1acb4adaaada483adaaabeda4acb5">[email protected]</span></a>.

    This notice is being published less than 15 days prior to the 
meeting due to the timing limitations imposed by the review and 
funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.277, Drug 
Abuse Scientist Development Award for Clinicians, Scientist 
Development Awards, and Research Scientist Awards; 93.278, Drug 
Abuse National Research Service Awards for Research Training; 
93.279, Drug Abuse and Addiction Research Programs, National 
Institutes of Health, HHS)

    Dated: February 10, 2022.
Tyeshia M. Roberson-Curtis,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2022-03247 Filed 2-15-22; 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>
Thomas L. BURT & Nina G. Burt, Appellant/Petitioner(s), v. Roderick MACDONALD, as Trustee, Appellee/Respondent(s).

CASE NO.: 2D17-2588

District Court of Appeal of Florida, Second District.

November 30, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
118TH CONGRESS 

2D SESSION H. R. 6132 

AN ACT 

To require the Consumer Product Safety Commission to 

promulgate a mandatory consumer product safety standard with respect to retractable awnings. 

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

•HR 6132 EH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Awning Safety Act 

3 of 2023’’. 

4 SEC. 2. CONSUMER PRODUCT SAFETY STANDARD FOR RE5 TRACTABLE AWNINGS. 

6 (a) CONSUMER PRODUCT SAFETY STANDARD RE7 QUIRED.—Not later than 18 months after the date of the 

8 enactment of this Act, the Consumer Product Safety Com9 mission shall promulgate, under section 553 of title 5, 

10 United States Code, a final consumer product safety 

11 standard for fixed and freestanding retractable awnings 

12 within the jurisdiction of the Commission to protect 

13 against the risk of death or serious injury related to the 

14 hazards associated with such awnings, including the risk 

15 of death or serious injury related to the awning unexpect16 edly opening and striking a person while removing the 

17 bungee tie-downs for the cover of the awning. 

18 (b) CPSC DETERMINATION OF SCOPE.—The Con19 sumer Product Safety Commission shall specify the types 

20 of retractable awning devices within the jurisdiction of the 

21 Commission that are within the scope of subsection (a) 

22 as part of a standard promulgated under this section, as 

23 reasonably necessary to protect against hazards associated 

24 with retractable awnings. 

25 (c) TREATMENT OF STANDARD.—A consumer prod26 uct safety standard promulgated under subsection (a) 
3 

•HR 6132 EH

1 shall be treated as a consumer product safety rule promul2 gated under sections 7 and 9 of the Consumer Product 

3 Safety Act (15 U.S.C. 2056 and 2058). 

Passed the House of Representatives May 14, 2024. 

Attest: 

Clerk. 
118TH CONGRESS 

2D SESSION H. R. 6132 

AN ACT 

To require the Consumer Product Safety Commisawnings. uct safety standard with respect to retractable sion to promulgate a mandatory consumer prod-
#### UNITED STATES of America, Plaintiff-Appellee v. Amancio ABURTO-GAMINO, also known as Lucero Amburto, Defendant-Appellant

No. 17-10222 Summary Calendar

United States Court of Appeals, Fifth Circuit.

Filed August 24, 2017

James Wesley Hendrix, Assistant U.S. Attorney, U.S. Attorney’s Office, Northern District of Texas, Dallas, TX, Amanda R. Burch, Assistant U.S. Attorney, U.S. Attorney’s Office, Northern District of Texas, Lubbock, TX, for Plaintiff-Appellee

Margaret Loraine Schmucker, Cedar Park, TX, for Defendant-Appellant

Before KING, ELROD, and HIGGINSON, Circuit Judges.

*273PER CURIAM: *

Amando Aburto-Gamino was convicted of one charge of illegal reentry into the United States and was sentenced to serve 78 months in prison. Now, he argues that the district court erred by denying him the third point for acceptance of responsibility. This denial was based on the Government’s refusal to move for the third point because he would not waive his appellate rights.

Sentences are reviewed for reasonableness. *Gall v. United States,*552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). In conducting this reasonableness review, we first examine whether the district court committed any procedural errors, such as incorrectly calculating the advisory guidelines range. 552 U.S. at 51, 128 S.Ct. 586. Next, we determine whether the sentence was substantively reasonable. 552 U.S. at 51, 128 S.Ct. 586.

The district court erred by denying Aburto-Gamino the third point for acceptance of responsibility. *See United States v. Palacios,*756 F.3d 325 (5th Cir. 2014). Nonetheless, the error is harmless, as the district court’s remarks- show that it would have imposed the same sentence absent the error. *See United States v. Delgado-Martinez,*564 F.3d 750, 752-53 (5th Cir. 2009); *United States v. Ibarra-Luna,*628 F.3d 712, 713-19 (5th Cir. 2010).

AFFIRMED.

*

 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.
Exhibit 32

                    CERTIFICATION PURSUANT TO
                     18 U.S.C. SECTION 1350,
                      AS ADOPTED PURSUANT TO
          SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In connection with the Annual Report of Omni Medical Holdings, Inc. (the
"Company") on Form 10-KSB for the period ending March 31, 2004, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Arthur D. Lyons, President and Treasurer of the Company, certify, pursuant
to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, 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 result of operations of the
Company.


Date: 07/15/2004                          /s/Arthur D. Lyons
      ----------                          ---------------------
                                         Arthur D. Lyons
                                         President, Treasurer and director
#### Blanca Emid PETTY, Plaintiff-Appellant v. John Kent PETTY; Rosemarie Reeves; Chad Ellis; Mark Humphrey; John Milam Merck, Sr.; Scot A. Powell; Marie Appling Powell; Richard Kerzee; Vincent L. Marable, III; Jimmy Phillips, Jr.; Paige Curran Cunningham, Defendants-Appellees

No. 16-20306 Summary Calendar

United States Court of Appeals, Fifth Circuit.

Filed July 7, 2017

Blanca Emid Petty, Pro Se

Before BENAVIDES, DENNIS, and PRADO, Circuit Judges.

PER CURIAM: *

Blanca Emid Petty has appealed the district court’s order dismissing her diversity complaint without prejudice for failure to comply with Federal Rule of Civil Procedure 4. Petty has not shown that the district court abused its discretion. *See*Fed. R. Civ. P. 4(m); *Lindsey v. United States R.R. Retirement Bd.,*101 F.3d 444, 445 (5th Cir. 1996). The district court’s order is AFFIRMED.

*

 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.