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

FOR THE FIFTH CIRCUIT

No. 14-20635

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

GERBER RENE SALVADOR ESPINAL, also known as Gerber Rene Salvador, 

also known as Gerber Salvador Espinal, also known as Jose Antonio Benitez, 

also known as Gerber Salvador,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 4:14-CR-189-1

Before HIGGINBOTHAM, DENNIS, and HIGGINSON, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Gerber Rene 

Salvador Espinal has moved for leave to withdraw and has filed a brief in 

accordance with Anders v. California, 386 U.S. 738 (1967), and United States 

v. Flores, 632 F.3d 229 (5th Cir. 2011). Salvador Espinal has not filed a 

response. We have reviewed counsel’s brief and the relevant portions of the 

 

* 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

October 22, 2015

Lyle W. Cayce

Clerk

 Case: 14-20635 Document: 00513242884 Page: 1 Date Filed: 10/22/2015
No. 14-20635

2

record reflected therein. We concur with counsel’s assessment that the appeal 

presents no nonfrivolous issue for appellate review. Accordingly, counsel’s 

motion for leave to withdraw is GRANTED, counsel is excused from further 

responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

 Case: 14-20635 Document: 00513242884 Page: 2 Date Filed: 10/22/2015
#### People v Shepard

2d Dept: 147 AD3d 1091

denied*
# Research & Development team treats DLA directorates to Snack Symposium

/ Published June 26, 2023
FORT BELVOIR, Va., 
Sometimes smaller meals are easier to digest. That was the premise for the Defense Logistics Agency Research and Development “Snack” Symposium. The half-day event was hosted at DLA Headquarters on June 9. Attendees were treated to short R&D presentations and discussions versus a longer, full-day symposium. The event allowed R&D program managers to engage with agency stakeholders to explore new research opportunities. DLA Vice Director Brad Bunn discussed the future of DLA operations and emphasized the theme of speed, scope and scale.

“In our world, we need things that move from somebody’s good idea to execution at scope and scale. That has to be the hallmark of our R&D program.”

Bunn noted that DLA R&D goes beyond the typical concept of R&D as being material technology. He explained that DLA’s R&D efforts are also applied to basic business processes and referenced the vast amount of auditable transactions flowing through DLA’s information technology systems daily.

“Even a small thing that doesn’t require a lot of R&D investment can be a game changer for how we do our business,” Bunn said. “So that is what I’m looking for in this.”

David Koch, director of DLA R&D, told attendees he attributed the program’s growth over the last year to increasing external investments and extending partnerships in academia, industry and the military services.

During the Snack Symposium, DLA senior leaders participated in an exclusive roundtable discussion to consider how R&D can address their requirements and how they can use R&D’s new technology to advance their missions.

Attendees visited R&D booths manned by project managers to ask questions and learn about various projects and initiatives. The R&D team also hosted targeted tech talks to provide information on solution and technology transition assistance, partnerships, applied research and testing emerging technologies, and how to do business with R&D.

The R&D Snack Symposium was the culmination of multiple site visits to DLA major subordinate commands over the last few months. R&D program managers met with MSC leadership and stakeholders to explore new projects and partnerships. The Snack Symposium provided an opportunity to discuss the outcomes of the MSC visits and collaborate with DLA Headquarters leadership and stakeholders.
#### The People of the State of New York, Respondent, v Fehd Ragabi, Also Known as Fehd Abdul Ragabi, Appellant.

[52 NYS3d 655]

Appeal by the defendant from an order of the Supreme Court, Kings County (Dowling, J.), dated September 29, 2015, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

Ordered that the order is affirmed, without costs or disbursements.

At a risk assessment hearing pursuant to the Sex Offender Registration Act (Correction Law art 6-C; hereinafter SORA), the defendant was assessed a total of 85 points, thereby presumptively classifying him as a level two sex offender. The People argued, among other things, that the Supreme Court should upwardly depart from the presumptive risk level to risk level three. The court granted the People’s application for an upward departure based upon, inter alia, the escalating nature of the defendant’s sexual misconduct. We affirm.

An aggravating factor that may support an upward departure from an offender’s presumptive risk level “is one which tends to establish a higher likelihood of reoffense or danger to the community . . . than the presumptive risk level” calculated on the risk assessment instrument *(People v Wyatt,*89 AD3d 112, 121 [2011]; *see People v DeDona,*102 AD3d 58, 68 [2012]). Where, as here, the People seek an upward departure, they must identify an aggravating factor that tends to establish a higher likelihood of reoffense or danger to the community not adequately taken into account by the risk assessment instrument, and prove the facts in support of the aggravating factor by clear and convincing evidence *(see People v Gillotti,*23 NY3d 841, 861 [2014]; *People v DeDona,*102 AD3d at 68; *People v Wyatt,*89 AD3d at 121; *see also*Sex Offender Registration Act: Risk Assessment Guidelines and Commentary at 4 [2006] [hereinafter the Guidelines]). Once this burden is satisfied, the court may, in its discretion, choose to upwardly depart if the factor indicates that the point score on the risk assessment instrument has resulted in an underassessment of the offender’s actual risk to the public *(see People v Gillotti,*23 NY3d at 861; *People v DeDona,*102 AD3d at 68; *People v Wyatt,*89 AD3d at 121, 123).

Here, the Supreme Court properly determined that the People presented clear and convincing evidence of an aggravat*1162ing factor not adequately taken into account by the Guidelines, namely, his escalating history of sexual misconduct *(see People v Ziliox,*145 AD3d 925, 925 [2016]; *People v Davis,*139 AD3d 1226, 1228 [2016]; *People v Jackson,*139 AD3d 1031, 1032 [2016]; *People v DeJesus,*117 AD3d 1017, 1018 [2014]). Upon determining the existence of this aggravating factor, the court providently exercised its discretion in granting the People’s application for an upward departure *(see People v Ziliox,*145 AD3d at 925; *People v Davis,*139 AD3d at 1228; *People v Jackson,*139 AD3d at 1032; *People v DeJesus,*117 AD3d at 1018).

In light of the foregoing, we need not reach the defendant’s remaining contention.

Dillon, J.P., Leventhal, Miller and Brathwaite Nelson, JJ., concur.
# L_2011324EN.01002801.xml

| 7.12.2011 | EN | Official Journal of the European Union | L 324/28 |
| --- | --- | --- | --- |

7.12.2011

EN

Official Journal of the European Union

L 324/28

---

COUNCIL DECISION

of 30 November 2011

on the position to be taken by the European Union within the General Council of the World Trade Organization on the extension of the WTO waiver in order to implement the EU autonomous preferential trade regime for the Western Balkans

(2011/809/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9), thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | The Union has adopted legislation renewing the autonomous preferential trade regime for the Western Balkans until 31 December 2015. In the absence of a waiver from the Union’s obligations under paragraph 1 of Article I of the General Agreement on Tariffs and Trade 1994 (GATT 1994), the treatment provided for in the autonomous preferential trade regime would need to be extended to all other Members of the World Trade Organization (WTO). It is therefore appropriate to seek a waiver from paragraph 1 of Article I GATT 1994 pursuant to paragraph 3 of Article IX of the Marrakesh Agreement establishing the World Trade Organization. |
| --- | --- |

(1)

The Union has adopted legislation renewing the autonomous preferential trade regime for the Western Balkans until 31 December 2015. In the absence of a waiver from the Union’s obligations under paragraph 1 of Article I of the General Agreement on Tariffs and Trade 1994 (GATT 1994), the treatment provided for in the autonomous preferential trade regime would need to be extended to all other Members of the World Trade Organization (WTO). It is therefore appropriate to seek a waiver from paragraph 1 of Article I GATT 1994 pursuant to paragraph 3 of Article IX of the Marrakesh Agreement establishing the World Trade Organization.

| (2) | The Union submitted such a request on 26 October 2011, and the WTO General Council is to deliberate thereon. |
| --- | --- |

(2)

The Union submitted such a request on 26 October 2011, and the WTO General Council is to deliberate thereon.

| (3) | It is appropriate, therefore, to establish the position to be taken by the Union within the WTO General Council concerning that request, |
| --- | --- |

(3)

It is appropriate, therefore, to establish the position to be taken by the Union within the WTO General Council concerning that request,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the European Union within the General Council of the World Trade Organization is to approve the extension of the WTO waiver for the Western Balkans until 31 December 2016.

This position shall be expressed by the Commission.

Article 2

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 30 November 2011.

For the Council

The President

J. VINCENT-ROSTOWSKI

---
# Eastern Distribution Center Commander visits DLA Distribution San Joaquin 

/ Published Feb. 25, 2020
SAN JOAQUIN, Ca., 
Army Col. James M. Callis II, Defense Logistics Agency Distribution Susquehanna, Pennsylvania, Commander, visited DLA Distribution’s western strategic distribution platform Feb. 12. Callis took the opportunity to meet with DLA Distribution San Joaquin, California’s senior leadership to discuss command operations and tour the distribution center facilities.

Callis’ day started with in-depth discussions with San Joaquin’s Commander Marine Col. Tiffany Harris and key leaders. Topics of discussion included inventory accuracy improvement initiatives and the battle rhythm/events to support implementation/assessment; DLA Distribution Expeditionary team hiring efforts and voice pick implementation at San Joaquin. These discussions were key for Callis and Harris to engage in since they are counterparts in their strategic distribution platforms.

DLA Distribution Commanding Officer Navy Rear Adm. Kevin Jones understands the relevance of these visits, recently commenting that cross talk between all the commands is important to sharing information and lessons learned.

During the walking tour, Callis had the opportunity to engage with the San Joaquin workforce throughout the mission areas. First, he toured Small Parcel Receiving, Mechanized Storage, Foreign Military Sales and Mechanized Packing operations (Bin Division). The Bin Division serves as the primary hub of receipt, storage, issue and packing activities in preparation for shipment within DLA Distribution San Joaquin.

The next stop was the Freight Terminal. This is where the Dedicated Truck Program serves continental United States customers and features both customized and predictable delivery schedules, reduced transit times and items packed to suit the warfighter while lowering operational costs.

Next, he toured the Consolidation and Containerization Point where he was able to see firsthand the newly designed area. Upon conclusion of the Consolidation and Containerization Point, Callis toured the Unitized Group Rations Area. San Joaquin is the sole Defense Department provider of Unitized Group Rations-Heat & Serve and M-Rations which provide subsistence to our warfighters.
Exhibit 99.3


                            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 Quarterly Report of Scottish Annuity & Life Holdings,
Ltd. (the "Company") on Form 10-Q for the period ending September 30, 2002 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Elizabeth A. Murphy, Chief Financial Officer of the Company,
certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 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.

/s/ Elizabeth A. Murphy
------------------------------

Elizabeth A. Murphy
Chief Financial Officer
November 6, 2002
No. 10-5629.

#### Richard Tagliamonte, Petitioner v. United States.

562 U.S. 932, 131 S. Ct. 329,

2010 U.S. LEXIS 7568.

178 L. Ed. 2d 214,

October 4, 2010.

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

Same case below, 340 Fed. Appx. 73.
2017-1038.

#### State ex rel. Newcomb v. Turner.

In Habeas Corpus. Sua sponte, cause dismissed.

On petitioner’s motion for judgment on pleadings. Motion denied.

O’Connor, C.J., and O’Donnell, Kennedy, French, Fischer, and DeWine, JJ., concur.

O’Neill, J., not participating.
# DLA to host holiday-themed events at McNamara Headquarters Complex

/ Published Nov. 18, 2019
Fort Belvoir, Virginia, 
As fall fades into winter, Defense Logistics Agency employees’ thoughts turn to the upcoming holidays and annual traditions.

McNamara Headquarters Complex employees and those at DLA’s Lorton facility can kick off the festive season by entering the annual door decorating contest Nov. 25 through Dec. 3. Entry forms are due to the HQC Morale, Welfare and Recreation Office by Dec. 3.  

DLA Director Army Lt. Gen. Darrell Williams will also host the third annual DLA Holiday Open House from 9:30 a.m. to 12:30 p.m. Dec. 5. This year’s theme is “Holiday at the Fair,” and the event will feature music and contests for the ugliest sweater, craziest-dressed sports fanatic and most festively dressed.

The annual HQC tree lighting ceremony will then take place at 1 p.m. in the rotunda with performances by the Hayfield Secondary School Chorale and children from the HQC Child Development Center. Winners of the HQC door decorating contest will be announced and prizes awarded.

An HQC holiday social will immediately follow the ceremony in the HQC Café with complimentary snacks, drinks and a live band.
No. 10-5902.

#### Calvin E. Wright, Petitioner v. Jeri Ann Sherry, Warden.

562 U.S. 941, 131 S. Ct. 357,

178 L. Ed. 2d 231,

2010 U.S. LEXIS 7426.

October 4, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.
Employee Spotlight: Corry Struve
 
  Employee Spotlight: Corry Struve DSD West Equipment Specialist DLA Disposition Services at San Joaquin, California **Tell me a little about yourself.**I have been married for 21 years, we have two sons in college and a daughter in middle school. We have a small farm. Our daughter has two guinea pigs and we have three chickens, four ducks and a little dog. **Corry Struve is a Veteran of the US Army who now puts his experience to work for DLA Disposition Services as the Equipment Specialist for DSD West.




Corry Struve stands by a grapple outside.
        Corry Struve
            Corry Struve is a Veteran of the US Army who now puts his experience to work for DLA Disposition Services as the Equipment Specialist for DSD West.

            SHARE IMAGE:

                Download Image
                    Image Details
                    
                    Photo By: Jeff Landenberger
                    
                    VIRIN: 220921-D-YU183-015** Steven King, I love Steven King. **What is something most people don’t know about you?** Everyone thinks I am younger than I am, I am actually 45. I retired from the military, and I have a bachelor’s degree. **What branch did you serve in?** I was in the Army. I was a mechanic for the whole 22 years until I retired. I worked on heavy equipment, forklifts, wheeled vehicles and tracked vehicles. **Where did you attend college**? I went to Allied University for business administration. **What was your first job with DLA?**  *Inventory accuracy team* with DLA Distribution. When they were having miscounts, we would go around base and get accuracy counts on stock and find out the stock was not what it was and verification of locations. **What brought you to Battle Creek, Michigan**? I am enrolled in a class at the Expeditionary Site Support. I am an equipment specialist. We are the subject matter expert on all MHE so we are in this class so we can train others. **Have you taken other classes here**? Yes, it is my third trip here, I have had classes on front end loader, variable reach extendable boom 5k next week we will be doing the 10k extendable boom. **Where do you see yourself in five years**? Hopeful still doing this job or the position above it, I love working for Disposition Services. **World series pick**? Giants
No. 09-10717.

#### John J. Tauro, Petitioner v. Allegheny County, Pennsylvania, et al.

562 U.S. 850, 131 S. Ct. 101,

178 L. Ed. 2d 63,

2010 U.S. LEXIS 6194.

October 4, 2010.

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

*64Same case below, 371 Fed. Appx. 345.
<PAGE>


                                                                    Exhibit 31.1

                                 CERTIFICATIONS

Certification of Chief Executive Officer

I, Hoolae Paoa, certify that:

1. I have reviewed this quarterly report on Form 10-Q of Mid-State Raceway, Inc.
and Subsidiary;

2. Based on my knowledge, this quarterly report does not contain any untrue
statement of a material fact or omit to state a material fact necessary to make
the statements made, in light of the circumstances under which such statements
were made, not misleading with respect to the period covered by this quarterly
report;

3. Based on my knowledge, the financial statements, and other financial
information included in this quarterly report, fairly present in all material
respects the financial condition, results of operations and cash flows of the
registrant as of, and for, the periods presented in this quarterly report;

4. The registrant's other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:

a) designed such disclosure controls and procedures to ensure that material
information relating to the registrant, including its consolidated subsidiaries,
is made known to us by others within those entities, particularly during the
period in which this quarterly report is being prepared;

b) evaluated the effectiveness of the registrant's disclosure controls and
procedures as of a date within 90 days prior to the filing date of this
quarterly report (the "Evaluation Date"); and

c) presented in this quarterly report our conclusions about the effectiveness of
the disclosure controls and procedures based on our evaluation as of the
Evaluation Date;

5. The registrant's other certifying officers and I have disclosed, based on our
most recent evaluation, to the registrant's auditors and the audit committee of
registrant's board of directors (or persons performing the equivalent
functions):

a) all significant deficiencies in the design or operation of internal controls
which could adversely affect the registrant's ability to record, process,
summarize and report financial data and have identified for the registrant's
auditors any material weaknesses in internal controls; and

b) any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal controls; and

6. The registrant's other certifying officers and I have indicated in this
quarterly report whether there were significant changes in internal controls or
in other factors that could significantly affect internal controls subsequent to
the date of our most recent evaluation, including any corrective actions with
regard to significant deficiencies and material weaknesses.



Date: January 10, 2004
/s/ Hoolae Paoa
Hoolae Paoa
Chief Executive Officer



                                       13
#### In the Matter of Luis A. Segarra et al., Appellants, v Matthew B. Clausen, Respondent, et al., Respondent.

[57 NYS3d 910]

In a proceeding pursuant to Election Law § 16-102, inter alia, to validate a petition designating Luis A. Segarra and Robert M. Sullivan as candidates in a primary election to be held on September 12, 2017, for the nomination of the Democratic Party as its candidates for the public office of Council Member, City of Peekskill, Luis A. Segarra and Robert M. Sullivan appeal from a final order of the Supreme Court, Westchester County (Walker, J.), dated August 14, 2017, which, in effect, (1) denied their motion for leave to amend their plead*835ings to conform to the evidence, (2) denied the petition, inter alia, to validate the designating petition, and (3) dismissed the proceeding.

. Ordered that the final order is reversed, on the facts and in the exercise of discretion, without costs or disbursements, the motion of Luis A. Segarra and Robert M. Sullivan for leave to amend their pleadings to conform to the evidence is granted, and the petition, as amended, inter alia, to validate the designating petition is granted.

Under the particular circumstances of this case, the Supreme Court improvidently exercised its discretion in denying the petitioners’ motion for leave to amend their pleadings to conform to the evidence at the hearing *(see*CPLR 3025 [c]). That evidence established that there was a sufficient number of valid signatures on the designating petition.

Balkin, J.P., Austin, Sgroi, LaSalle and Iannacci, JJ., concur.