alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent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

July 13, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-40242

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

HECTOR DIAZ-ZANOLETTI, also known

as Hector Diaz,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 7:05-CR-680-ALL

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

Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Hector DiazZanoletti raises arguments that are foreclosed by United States

v. Murillo-Lopez, 444 F.3d 337, 344-45 (5th Cir. 2006), which

held that a California conviction for burglary of an inhabited

dwelling house was equivalent to burglary of a dwelling and

therefore was a crime of violence under U.S.S.G. § 2L1.2, and by

Almendarez-Torres v. United States, 523 U.S. 224, 235 (1998),
No. 06-40242

-2-

which held that 8 U.S.C. § 1326(b)(2) is a penalty provision and

not a separate criminal offense. The Government’s motion for

summary affirmance is GRANTED, and the judgment of the district

court is AFFIRMED.
#### Com. v. Potter

03/23/2016

929 MAL (2015)

Denied

Pa.Super., 134 A.3d 480
#### Armen Behljulhevic, Respondent, v City of New York, Defendant, and Consolidated Edison Company of New York, Inc., Appellant.

[54 NYS3d 285]

Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered April 12, 2016, which, in this action for personal injuries, denied the motion of defendant Consolidated Edison Company of New York, Inc. (Con Ed) to vacate the note of issue and strike the matter from the trial calendar, unanimously affirmed, without costs.

*580In this discovery dispute, the court properly exercised its discretion in denying the motion to vacate. By stipulating at the October 20, 2015 compliance conference that all discovery was complete, Con Ed lost its entitlement to the information plaintiff stated in his April 6, 2015 response that he would provide under separate cover *(see Stolowski v 234 E. 178th St LLC,*104 AD3d 569, 570 [1st Dept 2013]; *Chichilnisky v Trustees of Columbia Univ. in City of N.Y., 52*AD3d 206 [2008]).

Concur — Tom, J.P., Renwick, Manzanet-Baniels and Kapnick, JJ.
# DLA Distribution Commanding General shares Columbus Day safety message.

/ Published Oct. 9, 2020
NEW CUMBERLAND, Pa., 
Distribution Teammates,The upcoming Columbus Day holiday weekend is a time set aside to commemorate the anniversary of the long journey leading to the discovery of our nation.We’ve all been on a long journey over the past seven months as well — as the worldwide COVID-19 pandemic continues to affect everything we do. As COVID-19 cases are beginning to increase in many countries worldwide, I ask that you continue to do your part as we fight the global pandemic. This fall brings another challenge to the COVID-19 fight — we also have the potential to come in contact with the seasonal flu — and must consistently mitigate our risk.Please remember the best way to serve the warfighter and our many other customers is to stay home if you are sick....we can only do our mission with everyone working together as a team. We must all set the example by looking out for our teammates whether they are friends, family or colleagues, and making sure they stay safe. Please continue to wear your mask, wash your hands, and social distance.As you enjoy your holiday weekend, please keep our warfighters and civilians serving this great country around the world in your thoughts.Thank you for your service, your resiliency and your continued commitment to our mission and the men and women we support.Best wishes to everyone for a safe holiday weekend.
# Food trucks invade DSCR

/ Published Oct. 16, 2019

Lunchtime had a different flavor, literally, on Defense Supply Center Richmond, Virginia, as food truck vendors served up the likes of shrimp and grits and shrimp tacos during a Food Truck Rally Oct. 15.

The three Army and Air Force Exchange Service contracted vendors lined up outside the front entrance of the Defense Logistics Agency Aviation Operations Center to feed the long lines of folks who waited patiently for this event.

While some chose to take their food back to their desks, others took advantage of the warm, sunny October day and ate theirs at the picnic tables nearby.

This event is scheduled to be held on the 3rd Tuesday of each month.
**Exhibit      13.1**

**Section      906 Certification**

|   | 1. | the                Report fully complies with the requirements of Section 13(a) or 15(d)                of                the Exchange Act; and |
|--------|----|-------------------------------------------------------------------------------------------------------------------------------------------------|

|   | 2. | the                information contained in the Report fairly presents, in all material                respects, the financial condition and results of operations of Banco                Santander-Chile. |
|--------|----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | By:    | /s/                Oscar von Chrismar              |
|--------|--------|---------------------------------------------------------------------------------------------------------------------|
|   |   | Name:                                                                                                               | Oscar                von Chrismar |
|   |   |                                                                                                                | Chief                Executive Officer |

|   | By:    | /s/                  Guillermo Sabater              |
|--------|--------|----------------------------------------------------------------------------------------------------------------------|
|   |   | Name:                                                                                                                | Guillermo                    Sabater |
|   |   |                                                                                                                 | Chief                  Financial Officer |

----
# Energy East Pacific changes command

/ Published June 29, 2021
PEARL HARBOR, Hawaii, 
“Aloha, Mahalo and God Bless.” In an age-old Navy tradition, punctuated with boatswain pipe and bell, Navy Cmdr. Eric Lockett bid farewell to the Defense Logistics Agency Energy East Pacific command June 11.

Lockett relinquished command to Navy Cmdr. William Jakubowicz who previously served as the assistant officer in charge of Naval Petroleum Office, Fort Belvoir, Virginia. The DLA Indo-Pacific Commander Navy Capt. Jason Adams presided over the leadership transition. 

“It has been a distinct honor and a true privilege to work with this team of professionals,” Lockett said. “In the East Pacific region, we have a small team of professionals who I consider to be ‘forensic logisticians’ that have a huge responsibility of assuring seamless petroleum logistics.”

As the commander of DLA Energy East Pacific region and the interim DLA Energy Indo-Pacific region integrator from March 2018 through June 2021, Lockett oversaw the operations of 10 Defense Fuel Supply Points, sustaining 336 million gallons of joint strategic fuel requirements, valued over $500 million, across the U.S. Indo-Pacific Command area of responsibility.

Lockett received the Defense Meritorious Service Medal for his efforts in advancing the lethality of the Joint Force Component Commands by demonstrating innovative bulk product distribution methods that galvanized theater resiliency, moving the customer fill rate needle from 48% to 100%. He has orders to Millington, Tennessee, to be a part of the Navy Personnel Command.

Lockett’s change of command was unique to many of his friends and family thanks to remote viewing.

“I have friends and family viewing today’s event who’ve never attended a ceremony in my honor throughout my entire military career,” he said. “With technology, we’re able to connect and bring the ceremony to them in ways that we couldn’t in the past.”  

Jakubowicz thanked Lockett for his tenure and said he is honored to join the East Pacific team.

“Over the last week, I’ve seen your dedication to ensuring the reliability of the petroleum supply chain and commitment to supporting our customer requirements, you really are the representation of Warfighter Always, and it shows,” he told them. “It’s an honor and a privilege for me to be here today, to take on the responsibility as Commander, DLA Energy East Pacific, and join the DLA team.”

The Indo-Pacific region is DLA Energy’s largest geographical fuel region. The region provides support to every military agency in the INDOPACOM and to a host of foreign countries.
# What the holidays mean to me: Keisma Shannon

/ Published Dec. 29, 2020
RICHMOND, VA, 
*During the month of December, DLA Aviation Public Affairs will be running a special series of stories titled “What the holidays mean to me.” The purpose is to spotlight members of the DLA Aviation workforce during the holidays.*

**Name:** Keisma Shannon

**Organization:** DLA Aviation at Warner Robbins

**What is your job title, and what do you do, specifically?** In my job as a customer support specialist, I assist in filling backorders for parts by locating parts at other depots or outside sources. I also prepare packages for emergency purchase or have the parts made.

**What do the holidays mean to you?**The holidays are a time for reflection and family. A time to get together and show one another how thankful we are. Not just gift giving, but fellowship and love. The holidays are also a time for sharing.

**What are your fondest holiday memories?**My fondest holiday memories are when my grandmother would be cooking dinner and singing at the same time; I was the taste tester. Just sitting in the kitchen listening to music and old stories warmed my heart.

**What is your favorite holiday tradition?**My favorite holiday tradition is getting together with my family on Christmas Eve, eating in our pajamas and exchanging gifts.

**Name your favorite holiday song and why it’s your favorite?**My favorite holiday song is “Mary, Did You Know*?*” the Pentatonix version, because it tells the story of the miracles of Jesus Christ.
160 A.3d 705

#### IN THE MATTER OF REGISTRANT G.B. APPLICATION FOR JUDICIAL REVIEW OF ORDER CLASSIFYING REGISTRANT AND ESTABLISHING HIS REGISTRATION OBLIGATIONS

February 13, 2017

ON PETITION FOR CERTIFICATION

To the Appellate Division, Superior Court:

A petition for certification of the judgment in [ A-XXXXXX-XX ] having been submitted to this Court, and the Court having considered the same;

It is ORDERED that the petition for certification is denied.
No. 12-850.

#### Schiaffino *v.*Pennsylvania.

Super. Ct. Pa. Certiorari denied.
# Excess equipment provides aid in Nebraska floods

/ Published March 21, 2019
Fremont, Nebraska, 
As the flood waters rose in Nebraska, equipment provided by DLA Disposition Services was used to rescue people from the flood waters.

The military services turn excess equipment, including trucks, over to DLA Disposition Services. Some of that equipment only requires modification to be transformed in to firefighting apparatus.  The U.S. Forest Service runs a firefighter equipment program that allocates some of those excess vehicles out across the country.   

Currently, first responders who are using the equipment from DLA Disposition Services are still dealing with flood waters and not available for interviews, but what we do know is that equipment provided through DLA Disposition Services is making a difference. 

 “DLA Disposition Services has the equipment and the U.S. Forest Service works with the Nebraska Forest Service to make equipment available where and when it is needed to help local fire departments protect people and our natural resources. It’s a great partnership for the taxpayers,” said Melissa Frey, manager of the Forest Service’s National Federal Excess Personal Property Program & Firefighter Property Program. 

Trucks that once hauled troops, fuel and food are converted into firefighting apparatus. Water tanks are added along with pumps and spray nozzles. The trucks are then given a new coat of paint to match the apparatus used where they’re headed to. Then they are ready for new crews and new missions. 

Carol Fix is part of the team that oversees the reutilization program for DLA Disposition Services. She explained that Nebraska entered the firefighter program when it started in 2006. Since then firefighters in the state have acquired more than $89 million worth of equipment.

The high ground clearance of ex-military trucks adds to their value when the water’s five feet high and rising.  Some missions reported in Nebraska mirrored the work by DLA provided trucks in hurricanes in recent years.  Former Army trucks hauled medical people to work at medical centers in Nebraska just as trucks did in Texas.  People have been evacuated and others rescued thanks to the partnership between DLA, the Forest Service and state and local governments.
#### In the Matter of Anthony Rine, Respondent-Appellant, v Tina Rine, Appellant-Respondent.

[769 NYS2d 394]

In a child support proceeding pursuant to Family Court Act article 4, the mother appeals, as limited by her brief, from so much of an order of the Family Court, Nassau County (Brandveen, J.), dated October 15, 2002, as failed to determine her purported objections to so much of an order of the same court (Cahn, H.E.), entered July 17, 2002, as denied, without a hearing, those branches of her motion which were to enforce the terms of the parties’ settlement agreement and judgment of divorce and for an award of an attorney’s fee, and the father cross-appeals from the order dated October 15, 2002, which denied his objections to so much of the order entered July 17, 2002, as granted that branch of the mother’s motion which was to dismiss his petition for a downward modification of his child support obligation.

Ordered that the mother’s appeal is dismissed, without costs or disbursements, as she is not aggrieved by the order appealed from *(see*CELR 5511); and it is further,

Ordered that the order is affirmed insofar as cross-appealed from, without costs or disbursements.

The record on appeal contains no objections by the mother. Any additional papers submitted to the Family Court did not cure this defect. The order of the Family Court dated October 15, 2002, therefore, understandably determined only the objections filed by the father. The mother is not aggrieved by the denial of the father’s objections *(see Matter of Holbrook v Holbrook,*302 AD2d 595 [2003]; *Matter of Zeiser v Zeiser,*288 AD2d 317 [2001]).

Contrary to the father’s contention on his cross appeal, the Family Court properly dismissed his petition for a downward modification of his child support obligation without first conducting an evidentiary hearing. In opposition to the mother’s motion to dismiss the petition, the father failed to demonstrate the existence of a material issue of fact with respect to his alleged decline in income, and thus failed to establish his entitlement to a hearing *(see Matter of Kotlyar v Burshtein,*268 AD2d 433, 434 [2000]; *Matter of Scholet v Newell,*229 AD2d 621, 622 [1996]; *cf. Matter of Prisco v Buxbaum,*275 AD2d 461 [2000]).

In view of the dismissal of the mother’s appeal, we do not ad*865dress the merits of her contentions. Altman, J.P., Goldstein, Crane and Mastro, JJ., concur.
[Cite as State v. Marconet, 2016-Ohio-69.]

 IN THE COURT OF APPEALS 

 TWELFTH APPELLATE DISTRICT OF OHIO 

BUTLER COUNTY 

STATE OF OHIO, : 

 Plaintiff-Appellee, : CASE NO. CA2015-05-092 

: D E C I S I O N 

 - vs - 1/11/2016 

: 

 

BRADLEY M. MARCONET, : 

 Defendant-Appellant. : 

CRIMINAL APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS 

Case No. CR2014-09-1429 

Michael T. Gmoser, Butler County Prosecuting Attorney, Lina N. Alkamhawi, Government 

Services Center, 315 High Street, 11th Floor, Hamilton, Ohio 45011, for plaintiff-appellee 

Charles M. Conliff, P.O. Box 18424, Fairfield, Ohio 45018-0424, for defendant-appellant 

 Per Curiam.

{¶ 1} This cause came on to be considered upon a notice of appeal, the transcript of 

the docket and journal entries, the transcript of proceedings and original papers from the 

Butler County Court of Common Pleas, and upon a brief filed by appellant's counsel. 

{¶ 2} Counsel for defendant-appellant, Bradley M. Marconet, has filed a brief with this 

court pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967), which (1) 

indicates that a careful review of the record from the proceedings below fails to disclose any 
Butler CA2015-05-092 

errors by the trial court prejudicial to the rights of appellant upon which an assignment of 

error may be predicated; (2) lists five potential errors "that might arguably support the 

appeal," Anders at 744, 87 S.Ct. at 1400; (3) requests that this court review the record 

independently to determine whether the proceedings are free from prejudicial error and 

without infringement of appellant's constitutional rights; (4) requests permission to withdraw 

as counsel for appellant on the basis that the appeal is wholly frivolous; and (5) certifies that 

a copy of both the brief and motion to withdraw have been served upon appellant. 

{¶ 3} Having allowed appellant sufficient time to respond, and no response having 

been received, we have accordingly examined the record and find no error prejudicial to 

appellant's rights in the proceedings in the trial court. The motion of counsel for appellant 

requesting to withdraw as counsel is granted, and this appeal is dismissed for the reason that 

it is wholly frivolous. 

PIPER, P.J., S. POWELL and M. POWELL, JJ., concur.
160 A.3d 693

#### STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ANDRE HERD, DEFENDANT-PETITIONER.

February 13, 2017

ON PETITION FOR CERTIFICATION

To the Appellate Division, Superior Court:

A petition for certification of the judgment in [ A-XXXXXX-XX ] having been submitted to this Court, and the Court having considered the same;

It is ORDERED that the petition for certification is granted, and the matter is summarily remanded to the Superior Court, Law Division, for resentencing in light of this Court’s holding in *State v. Zuber,*224 *N.J.*526, 152 A.3d 197 (2017). Jurisdiction is not retained.
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 200 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 200

 To amend title 18, United States Code, to establish fair competition 
     between the private sector and the Federal Prison Industries.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

             January 26 (legislative day, January 5), 1993

   Mr. Helms introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
 To amend title 18, United States Code, to establish fair competition 
     between the private sector and the Federal Prison Industries.

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

SEC. 1. SHORT TITLE.

    This Act may be cited as the ``Federal Prison Industries Reform 
Act''.

SEC. 2. FEDERAL PROCUREMENT STANDARDS.

    Section 4124(a) of title 18, United States Code, is amended--
            (1) by striking ``shall'' and inserting ``may'' in the 
        first sentence; and
            (2) by inserting after the first sentence the following: 
        ``In no event shall such a purchase involve a product which 
        does not otherwise meet the same or equivalent quality 
        standards which would be applied by the General Services 
        Administrator to a comparable product if purchased from a 
        private sector source or vendor.''.

SEC. 3. BOARD OF DIRECTORS COMPOSITION.

    Section 4121 of title 18, United States Code, is amended by 
inserting at the end thereof the following:
    ``Not later than 120 days after the date of enactment of this 
sentence, the President shall appoint one additional member of the 
Board of Directors of Federal Prison Industries from a list of not more 
than 5 persons provided by the following organizations: the Chamber of 
Commerce of the United States, the National Federation of Independent 
Business, the American Furniture Manufacturers Association, the 
Printing Industries of America, and the National Association of 
Wholesale Distributors.''.

SEC. 4. EXPIRATION OF BORROWING AUTHORITY.

    Section 4129(a)(1) of title 18, United States Code, is amended in 
the second sentence by striking ``authorized'' and inserting `` 
authorized, for 3 years after the date of enactment of this 
amendment,''.

                                 <all>
```