alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT
UNITED STATES OF AM ER IC A, Plaintiff - Appe lle e , v. JOSE LUIS M U R ILLO ESPINOSA, De fe nda

nt - Appe lla

nt. No. 14-30197

D.C . No. 3:13-c r-05569-M JP-1
M EM O R ANDUM *

Appe a l from

the Unite d

Stat e s Distric t C ourt for the W e ste rn Distric t of W a shington M arsha J. Pe c h m an, C h ie f Distric t Judge , Pre siding Subm itte d

April 5, 2016 * * Se attle , W a s hington B e fore : R AW LINSON, C A LLAHAN, a nd GILM AN *** C irc uit Judge s. De fe nda nt-Appe lla

nt Jose Luis Murillo Espinosa wa s found guilty by

a jury of 1) c onspira c y

to posse ss he roin a

nd m orphine with inte nt to distribute and, 

# FIL ED
APR 07 2016 M OLLY C. DW Y ER, CLERK U

. S

. CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3. ** The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without ora l a

rgum e nt. Se e Fe d. R . App. P. 34(a )(2). *** The Honora

ble R ona ld Le e Gilm a

n , Se nior C i rc uit Judgefor the U.S. C ourt of Appe a ls for the Sixth C irc uit, sitting by de signa t ion.2) posse ssion of he roin or m orphine with inte nt to distribute , in viola tion of 21 U.S.C . §§ 841 a

nd 846. Henow a

ppe a ls his c o nvic tions. The distric t c ourt did not pla inly e rr whe n it a llowe d a Drug Enforc e m e nt Age nc y (DEA) a ge n t

to providee xpe rt te stim ony a bout the struc ture and m e thods of drug-tra ffic king orga

n iz ations, be c a

use the te stim ony

wa s re le v ant a

nd m ore probat ive tha

n pre judic ia l. Se e Unite d State s v . Se p ulv e da-Barraza , 645 F.3d 1066, 1071 (9th C ir. 2011), as ame nde d . The DEA a g e nt’ s e xpe rt te s tim o ny wa s dire c tly re le va nt to thec ha

rge of c onspira c y

and re butte d

Espinosa ’ s a sse rtion tha

t,
a lthough hewa s disc ove re d in a drug sta s h house with he roin in his suitc a se , he ha d nothing to do with the drug-distribution a

c tivitie s tha

t oc c urre d the re . Furthe r, the D EA a ge nt’ s te stim ony he lpe d the jury

unde rsta nd Espinosa ’ s role in the
c onspira c y , inc luding c om m e nts m a de by

Espinosa to othe r c o-c onspira

tors, a nd the s ignific anc e of e vide n c e found in Espinosa ’ s room . In a ny e ve nt, Espinosa

ha s not shown tha

t a dm ission of the

te stim ony

a ffe c t e d the fa irne s s of the proc e e dings
a ga inst him
. Se e Unite d State s v . Rizk , 660 F.3d 1125, 1132 (9th C ir. 2011). AFFIRM E D.

2
#### Jenkins v. City of Philadelphia; Greenway Plaza, LLC, In re

12/16/2015

519 EAL (2015)

Denied

Pa.Cmwlth., 122 A.3d 509
Page 1 This material may be protected by US Copyright \(Title 17 US Code\)Page 2Page 3Page 4Page 5Page 6Page 7Page 8
#### Lang v. Com., Dept. of Transp.

08/23/2016

149 WAL (2016)

Denied

Pa.Cmwlth., 135 A.3d 225
[Federal Register Volume 63, Number 14 (Thursday, January 22, 1998)]
[Notices]
[Page 3313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1578]


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

DEPARTMENT OF DEFENSE

Uniformed Services University of the Health Sciences


Sunshine Act Meeting

AGENCY HOLDING THE MEETING: Uniformed Services University of the Health 
Sciences.

TIME AND DATE: 8:30 a.m. to 2:30 p.m., February 9, 1998.

PLACE: Uniformed Services University of the Health Sciences, Board of 
Regents Conference Room (D3001), 4301 Jones Bridge Road, Bethesda, MD 
20814-4799.

STATUS: Open-under ``Government in the Sunshine Act'' (5 U.S.C. 
552b(e)(3)).

MATTERS TO BE CONSIDERED:

8:30 a.m. Meeting--Board of Regents

    (1) Approval of Minutes--November 3, 1998
    (2) Faculty Matters
    (3) Departmental Reports
    (4) Financial Report
    (5) Report--President, USUHS
    (6) Report--Dean, School of Medicine
    (7) Report--Dean, Graduate School of Nursing
    (8) Comments--Chairman, Board of Regents
    (9) New Business

CONTACT PERSON FOR MORE INFORMATION: Mr. Bobby D. Anderson, Executive 
Secretary of the Board of Regents, (301) 295-3116.

    Dated: January 16, 1998.
Linda Bynum,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 98-1578 Filed 1-16-98; 4:43 pm]
BILLING CODE 5000-04-M
#### Jamie Ng, Respondent, v NYU Langone Medical Center et al., Appellants, et al., Defendants.

[69 NYS3d 36]

Order, Supreme Court, New York County (Joan B. Lobis, J.), entered July 25, 2016, which, inter alia, denied the motion of defendants NYU Langone Medical Center (NYU) and Devon G. John, M.D. for summary judgment dismissing the complaint as against them, unanimously modified, on the law, to the extent of dismissing the claim for lack of informed consent, and otherwise affirmed, without costs.

On July 23, 2008, defendant Dr. John, a general surgeon, performed a kidney transplant on decedent, then 59-years old, at defendant NYU, after which decedent was transferred to the transplant intensive care unit (ICU). Plaintiff alleges malpractice in connection with the post-operative monitoring and care that decedent received at the ICU, leading to her death approximately 4V2 hours later.

Defendants’ submission of deposition transcripts, medical records, and expert affidavits based upon the same established a prima facie defense entitling them to summary judgment *(see generally Alvarez v Prospect Hosp.,*68 NY2d 320, 325 [1986]). These submissions showed that decedent’s treatment did not depart from accepted medical practices or proximately cause her injuries or death. Significantly, defendants’ expert general surgeon opined that it was appropriate for a third-year resident to be in charge of decedent’s post-operative care, that decedent was properly monitored in the ICU, and decedent’s rising blood pressure was appropriately treated, as was the subsequent hypotensive episode. There is also no issue as to the course of medication administered to decedent in the ICU, notwithstanding plaintiff’s attempt to create one by reliance on an attorney’s misreading of a nurse’s notation while asking a question at a deposition.

However, plaintiff’s expert general surgeon did raise an issue of fact as to whether defendants deviated from the standard of care in treating decedent’s symptom of rising blood pressure, without addressing the alleged root cause, namely, *550pain and/or agitation as her anesthesia wore off and she became more alert. Indeed, the resident caring for decedent recognized signs of aggravation from the endotracheal tube and felt that it was a contributing factor to decedent’s hypertension.

The court properly denied so much of the motion as sought dismissal of the wrongful death claim. Plaintiff’s submission of a funeral expense bill evidenced the existence of pecuniary loss damages (see EPTL 5-4.3 [a]; *Gonzalez v New York City Hous. Auth.,*77 NY2d 663, 668 [1991]; *Zelizo v Ullah,*2 AD3d 273, 274 [1st Dept 2003]).

Plaintiff’s failure to oppose so much of the motion as sought dismissal of the lack of informed consent claim, constituted an abandonment of the claim (see *Josephson LLC v Column Fin., Inc.,*94 AD3d 479, 480 [1st Dept 2012]).

Concur—Friedman, J.P., Mazzarelli, Kapnick, Webber and Moulton, JJ.
# New DLA Energy Deputy Commander announced

/ Published Oct. 29, 2019
FORT BELVOIR, Virginia, 
In an email to senior leaders, Defense Logistics Agency Director Army Lt. Gen. Darrell K. Williams announced the selection of William (Eric) Smith for the Senior Executive Service position of DLA Energy Deputy Commander.

“Eric will join DLA in the coming weeks,” Williams said. “I ask that you join me in congratulating Eric on his selection to this key executive position and welcoming him to the DLA senior leadership team.” 

In his previous position, Smith served as the Department of Energy’s deputy director for the Office of Minority Programs and Business Operations. Prior to joining the Office of Economic Impact and Diversity, Smith served as the National Nuclear Security Administration’s acting associate administrator for Emergency Operations and the deputy associate administrator for Emergency Management and Preparedness.

A former Army logistics management Colonel and DLA alumnus, Smith served as executive officer to the DLA Director in 2007 and staff director for DLA's Logistics Operations Center in 2006. 

Smith became a member of the Senior Executive Service in 2007, when he was selected to join the Federal Emergency Management Agency as the member charged with envisioning, creating, and leading the post-Katrina mandated transformation of domestic disaster logistics. With FEMA, he successfully served simultaneously as FEMA’s disaster logistics national program executive, executive lead coordinator for Emergency Support Function #7, and the executive lead of the FEMA National Response Coordination Center’s Resource Support Section.

During his seven years of leadership with the Department of Homeland Security, Smith implemented an effective and collaborative national and interagency all hazards operations support concept. He instituted a comprehensive “whole community” public and private sector resource planning and operations support capability to respond to catastrophic disasters, other national emergencies and special events.

Smith is expected to join the staff in late November relieving Bruce Blank, who has been acting deputy commander since May. “I have greatly appreciated Mr. Blank’s dedication and leadership as interim deputy commander,” said DLA Energy Commander Air Force Brig. Gen. Albert Miller. 

Regarding the announcement of the new DLA Energy deputy commander, Miller stated, “I am excited to welcome Mr. Eric Smith to DLA Energy. He brings over 30 years of diverse logistics experience, both in the public and private sectors, making him an ideal addition to the phenomenal team of professionals at DLA Energy.”
No. 10-5243.

#### Raymond Canales, Petitioner v. Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division.

562 U.S. 911, 131 S. Ct. 264,

178 L. Ed. 2d 174,

2010 U.S. LEXIS 7047.

October 4, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.
810-100901-08 1 

# AAutualBan k

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i s committe d t o usin g thi s ne wservic e wheneve rpossible . Becaus e th e Sout h Ben d Regiona l Airpor t i s close , line s ar e shorte ran d parkin g i s affordable , w e ar e incline d t o us e i trathe r ttian drivin g t o a distan t airport . W e wan t t o se e a nonsto p fligh t t o Denver , C O fro m ou rloca l airport , an d w e ar e committe d t o seein g thi s ne wservk^ e succee d an d w e wil l hel p t o support i ti n anywa ywecan . W e uig e yo u t o full yfun d th e request fro m Sout h Ben d Regiona l Airpor t fo ra Smal l Communit yAi r Servic e Developmen t Grant . Than k yo u fo ryou rconsideration . Sincerely , - ^ MaxA . Courtne y^/" ^ Senio rVic e Presiden t an d Regiona l Executiv e Mutua l Ban k i-ii.nkv./iil-.pivjti.i'i'.co m

21 9 Wes t Marke t Stree t • Warsaw , I N 46580 . Phon e 574-267-8186.800-340-637 2
#### The People of the State of New York, Respondent, v Joseph R. Trathen, Appellant.

[768 NYS2d 675]

Rose, J.

Appeal from a judgment of the County Court of St. Lawrence County (Nicandri, J.), rendered December 9, 2002, which revoked defendant’s probation and imposed a sentence of imprisonment.

Defendant was convicted on his pleas of guilty of the crimes of aggravated unlicensed operation of a motor vehicle in the first degree and driving while intoxicated, each occurring at a different time and place. County Court agreed to adjourn defendant’s sentencing for one year and sentence him to probation if he complied with written conditions of interim probation supervision *(see*CPL 390.30 [6]). He was subsequently charged with violating those conditions by, among other things, owning and driving a motor vehicle and purchasing and consuming alcoholic beverages. At the conclusion of a hearing, County Court determined that defendant had violated the conditions and sentenced him to two consecutive one-year jail terms.

Defendant contends on this appeal that his right to the effective assistance of counsel was violated by inadequate legal representation at the hearing. We disagree. Unlike a criminal action, a hearing of this type is akin to a probation revocation hearing, which is a summary proceeding where the standard of review is *“a*preponderance of the evidence” (CPL 410.70 [3]) and the sole issue is whether the defendant has violated a condition of probation *(see People v Sawinski,*294 AD2d 667, 668 [2002], *lv denied*98 NY2d 701 [2002]). To this end, defendant’s counsel cross-examined adverse witnesses *(see People v Corbett,*299 AD2d 580, 581 [2002]), pursued a strategy of justifiable excuse and afforded defendant meaningful legal representation under the circumstances *(see People v Haas,*245 AD2d 825, 826 [1997]).

Crew III, J.P., Mugglin, Lahtinen and Kane, JJ., concur. Ordered that the judgment is affirmed.
# DLA leaders tour warfighter support sites in Hawaii, Guam

/ Published Jan. 23, 2023
FORT BELVOIR, Va., 
Defense Logistics Agency leaders toured DLA and military service sites in Hawaii and Guam while meeting with senior leaders from U.S. Indo-Pacific Command and its service components Jan. 9-12.

Kristin French, deputy director of DLA Logistics Operations, and Shawn Lennon, deputy director of DLA Finance, got an in-depth look at the evolving footprint of U.S. forces across the INDOPACOM area of responsibility during the trip, which focused on warfighter requirements.

“As INDOPACOM sets the theater to be ready for potential contingencies, it’s critical that DLA understands what our warfighters need and, more importantly, where it’s needed,” French said. “Seeing is believing; just being on Guam, walking the terrain, and understanding the challenges of getting from one side of the island to another can help DLA understand how to best support our service partners there.”

Guam has had several recent changes in logistics support, including a new 70,000-foot subsistence prime vendor warehouse on the island and a new 23.2-mile pipeline that carries fuel from Naval Base Guam to Andersen Air Force Base.

DLA Indo-Pacific serves as the agency’s customer-facing presence throughout the region. The Hawaii portion of the trip focused on meeting DLA team members on Oahu, seeing their facilities, and interfacing with INDOPACOM logisticians including Army Brig. Gen. Gavin Gardner, the combatant command’s director of logistics and engineering.

INDOPACOM’s Set the Theater initiative addresses tasks required to ensure warfighters there would be sustained in the event of combat operations. As plans evolve and requirements change, components’ budget strategies must also evolve, Lennon said.

“Warfighter requirements directly impact how and where DLA invests its budgetary resources,” he added. “Readiness is critical, and we have to get this right, but it’s just as important that we remain exceptional stewards of DOD resources.”

French said meeting with combatant command and service component leaders helps build understanding and relationships that could be essential in any potential contingency.

“The better we know our warfighter customers and understand their needs, the more prepared DLA will be to support them in a worst-case scenario,” she said. “When a crisis happens, you have to be ready and know what right looks like.”
Cite as 2016 Ark. App. 492



## ARKANSAS COURT OF APPEALS

DIVISION III No. CR

- 16

- 175

WESLEY GENE HOLLAND APPELLANT

V.

STATE OF ARKANSAS APPELLEE Opinion Delivered: October 26, 2016
APPEAL FROM THE CLEVELAND COUNTY CIRCUIT COURT [ NO. 13 CR

- 2014

- 48

- 5 ]

HONORABLE DAVID W. TALLEY , JR., JUDGE
SUPPLEMENTAL ADDENDUM ORDERED
RAYMOND R. ABRAMSON, Judge Wesley Gene Holland appeals his convictions of second-degree sexual assault and residential burglary. On appeal, Holland argues that the circuit court erred in denying his
directed- verdict motions. We cannot address the merits of Holland’s appeal because Holland’s addendum fails to comply with Arkansas Supreme Court Rule 4 -2 (2015). Arkansas Supreme Court Rule 4- 2(a)(8) requires an appellant’s brief to include an addendum consisting of all documents essential to this court’s resolution of the issues on appeal, including exhibits such as CDs and DVDs. Holland’s addendum does not comply with this rule. At trial, the State introduced and played audio recordings of two different interviews between Holland and the police. Holland, however, failed to include copies of the audio recordings in his addendum as required by our rules. Because Holland’s addendum is inadequate, we order him to file a supplemental addendum within seven days of thisCite as 2016 Ark. App. 492

2 opinion. See

Ark. Sup. Ct. R. 4-2(b)(3). We encourage counsel to review our rules, as well
as the record and addend um , to ensure that no other deficiencies are present. Supplemental addendum ordered.
G LADWIN , C.J., and W HITEAKER , J., agree. N. Mark Klappenbach , for appellant. Leslie Rutledge , Att’y Gen., by: Kathryn Henry , Ass’t Att’y Gen., for appellee

.
No. 10-5004.

#### Kenneth Foster, et al., Petitioners v. Sharee Booker, et al.

562 U.S. 898, 131 S. Ct. 225,

178 L. Ed. 2d 150,

2010 U.S. LEXIS 6506.

October 4, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

Same case below, 595 F.3d 353.
Leadership Reflection: Roosevelt Terrell
 
  **DS Central Area Manager
        DLA Disposition Services Leadership Spotlight
            Get to know DS Central Area Manager Roosevelt Terrell.

            SHARE IMAGE:

                Download Image
                    Image Details
                    
                    Photo By: DLA Disposition Service
                    
                    VIRIN: 220701-D-D0441-202** I am currently serving as the Area Manager for DLA DS-Central, to include Disposition Services sites in Kuwait, Qatar, and Bahrain. I am also an environmental protection specialist. **How long have you worked for the government?** I have worked for the federal government for 19 years **How long have you worked for DLA Disposition Services?** I have worked for Disposition Services for 6 years **What is your best memory of working here?** My best memory of DLA Disposition Services is all the great people I have worked with **What is the best piece of advice someone has given you?** The best piece of advice given to me has been "do not stop learning and growing as a person" **What kind(s) of training and education helps your work performance in your current role?** The best kind of training and education that helps my work performance in my current role is hands on training and education that provides me a clearer understanding of the tasks and missions assigned **Where do you see yourself five years from now?** Five years from now, I see myself continuing in a Disposition Services leadership role **What did you want to be when you grew up?** Growing up, I always had the thought of being an aircraft pilot **Who is your hero?** I have 2 heroes - my dad and my son
Exhibit 15.4

Johan Odendaal

Minxcon (Pty) Ltd

Suite 5 Coldstream Office Park,

Cnr Hendrik Potgieter and Van Staden Roads,

Little Falls, Roodepoort,

South Africa

CONSENT OF QUALIFIED PERSON

I, Johan Odendaal, consent to the public filing of the technical report titled An Independent Qualified Persons Report on Bokoni Platinum Mine, Limpopo Province, South Africa and dated March
22, 2012 (the Technical Report) by Anooraq Resources Corporation.

I also consent to any extracts from or a summary of the
Technical Report in the annual report on Form 20-F for the year ended December 31, 2011 and the Managements Discussion and Analysis of Financial Conditions and Results of Operations (the MD&A) for the year ended December 31,
2011 of Anooraq Resources Corporation.

I certify that I have read the annual report on Form 20-F and the MD&A being filed by Anooraq
Resources Corporation and that it fairly and accurately represents the information in the sections of the technical report for which I am responsible.

DATED the 26th day of March, 2012.

|                  
|------------------
|                  
|/s/ Johan
Odendaal
|Johan Odendaal
**EXHIBIT32.2**

** **

CERTIFICATION OF CHIEF FINANCIAL OFFICER

PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTEDPURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

In connection with the Quarterly Report of MOCON, Inc. on Form 10-Qfor the quarter ended September 30, 2008 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Darrell B. Lee, ChiefFinancial Officer of MOCON, Inc., hereby certify, pursuant to 18 U.S.C. Section 1350,as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that,to the best of my knowledge:

 

(1)          The Report fullycomplies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

(2)          The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of MOCON, Inc.

 

 

Date:  November 14, 2008

 
| /s/ Darrell B. Lee      |   |
|-------------------------|--------|
| Darrell B. Lee          |   |
| Chief Financial Officer |   |

 

----
November 29 , 2012



### JUDGMENT 

## The Fourteenth Court of Appeals

DOUGLAS MATTHEW JONE S , Appellant
NO. 14

- 12

- 00602

- CR V.
THE STATE OF TEXAS , Appellee

________________________________ This cause was heard on the transcript of the record of the court below. Having considered the record, this Court holds that there was no error in the judgment. The Court orders the judgment AFFIRMED

. We further order this decision certified below for observance.