alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
109TH CONGRESS 

2D SESSION H. R. 4826

AN ACT

To extend through December 31, 2006, the authority of 

the Secretary of the Army to accept and expend funds 

contributed by non-Federal public entities to expedite 

the processing of permits.

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

•HR 4826 EH 

1 SECTION 1. FUNDING TO PROCESS PERMITS. 

2 Section 214(c) of the Water Resources Development 

3 Act of 2000 (33 U.S.C. 2201 note; 114 Stat. 2594; 117 

4 Stat. 1836; 119 Stat. 2169) is amended by striking 

5 ‘‘March 31, 2006’’ and inserting ‘‘December 31, 2006’’.

Passed the House of Representatives March 14, 

2006. 

Attest:

Clerk. 

109TH CONGRESS 

2D SESSION H. R. 4826

AN ACT

To extend through December 31, 2006, the authorentities to expedite the processing of permits. expend funds contributed by non-Federal public ity of the Secretary of the Army to accept and
No. 09-719.

#### Daniel Konar, Petitioner v. Illinois.

559 U.S. 939, 130 S. Ct. 1527,

176 L. Ed. 2d 114,

2010 U.S. LEXIS 1304.

February 22, 2010.

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

Same case below, 327 Fed. Appx. 638.
---

CERTIFICATION OFCHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
  PURSUANT TO18 U.S.C. SECTION 1350,
  AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Bruce T. Leitch, the Chief Executive Officer and Chief
  Financial Officer of NorPac Technologies, Inc. (the “Company”),
  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:

| | (i)  | the Quarterly Report on Form 10-QSB of the Company,
        for the fiscal quarter ended March 31, 2005, and to which this certification
        is attached as Exhibit 32 (the “Report”) fully complies with
        the requirements of Section 13(a) or 15(d) of the Securities Exchange
        Act of 1934, as amended; and
| | ---- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|
| | (ii) | the information contained in the Report fairly presents,
        in all material respects, the financial condition and results of operations
        of the Company.                                                                                                                                                            

| | By:    | /s/ Bruce T. Leitch              
| | ------ | ---------------------------------
| | Name:  | BRUCE T. LEITCH                  
| | Title: | Chief Executive Officer and Chief
| |        | Financial Officer                
| | Date:  | May 13, 2005                     

This certification accompanies the Form 10-QSB to which
  it relates, is not deemed filed with the Securities and Exchange Commission
  and is not to be incorporated by reference into any filing of the Company under
  the Securities Act of 1933 or the Securities Exchange Act of 1934 (whether made
  before or after the date of the Form 10-QSB), irrespective of any general incorporation
  language contained in such filing.

---
Montana Fourth Judicial District Court. County of Missoula.

#### STATE OF MONTANA, Plaintiff, -vs- DUSTIN MARK HENRY, Defendant.

CAUSE NO. DC-11-438

DECISION

On January 14, 2016, the Defendant’s suspended sentence was revoked for violation of conditions and he was sentenced to a commitment to the Montana State Prison for a term of thirty (30) months for the offense of Count I: Escape (Official Detention), a Felony, in violation of §45-7-306(3)(b). The Court recommended the Treasure State Boot Camp. The terms and conditions of the suspended portion of the Judgment were the same as those contained in the Judgment filed with the Court on March 19, 2012. The Defendant received credit for time served in the amount of 84 days.

On May 6, 2016, the Defendant’s Application for review of that sentence was heard by the Sentence Review Division of the Montana Supreme Court (hereafter “the Division”).

The Defendant appeared by video conferencing from the Crossroads Correctional Center and was represented by Peter Ohman of the Office of the State Public Defender. The State was not represented. Judge John Larson appeared and testified.

Before hearing the Application, the Defendant was advised that the Division has the authority not only to reduce the sentence or affirm it, but also *45increase it. The Defendant was further advised that there is no appeal from a decision of the Division. The Defendant acknowledged that he understood this and stated that he wished to proceed.

Done in open Court this 6th day of May, 2016.

DATED this 10th day of June, 2016.

Rule 12, Rules of the Sentence Review Division of the Supreme Court of Montana, provides that, “The sentence imposed by the District Court is presumed correct. The sentence shall not be reduced or increased unless it is clearly inadequate or clearly excessive.” (Section 46-18-904(3), MCA).

The Division finds that the reasons advanced for modification are insufficient to hold that the sentence imposed by the District Court is clearly inadequate or clearly excessive.

Therefore, it is the unanimous decision of the Division that the sentence is AFFIRMED.

Hon. Brenda Gilbert, Chairperson, Hon. Brad Newman, Member and Hon. Kathy Seeley, Member.
No. 09-7414.

#### Jeremiah King, Petitioner v. United States.

559 U.S. 975, 130 S. Ct. 1688,

176 L. Ed. 2d 186,

2010 U.S. LEXIS 2069.

March 1, 2010.

Petition for writ of cer-tiorari to the United States Court of Appeals for the Third Circuit denied.
Ex 10.3 Assignment and Assumption - Montclair Parc


Exhibit 10.3




ASSIGNMENT AND ASSUMPTION OF PURCHASE AGREEMENT
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, STEADFAST ASSET HOLDINGS, INC., a California corporation (“Assignor”), hereby assigns to SIR MONTCLAIR PARC, LLC, a Delaware limited liability company (“Assignee”), all of Assignor's rights and obligations under and in regard to that certain Purchase and Sale Agreement and Joint Escrow Instructions dated January 27, 2012, (as may be amended, the “Purchase Agreement”), between Montclair Parc Apartments Limited Partnership (“Seller”) and Assignor for the purchase and sale of that certain real property located in Oklahoma City, Oklahoma, as more particularly described in Exhibit A attached hereto (the “Property”).
Assignee hereby agrees to and shall assume, perform and be fully responsible for the performance of all of the obligations of Assignor under the Purchase Agreement.
All of the provisions, covenants and agreements contained in the Assignment shall extend to and be binding upon the respective legal representatives, successors and assigns of Assignor and Assignee.  This Assignment represents the entire agreement between Assignor and Assignee with respect to the subject matter of the Assignment , and all prior or contemporaneous agreements regarding such matters are hereby rendered null and void and of no force and effect. 
(SIGNATURES APPEARS ON FOLLOWING PAGE)









WITNESS THE EXECUTION HEREOF, as of this April 10, 2012. 
	
			
	ASSIGNOR:

	 
	 
	 

	STEADFAST ASSET HOLDINGS, INC.,

	a California corporation

	 
	 
	 

	By:
	/s/ Ana Marie Del Rio

	 
	Ana Marie del Rio

	 
	Secretary and Vice President

	 
	 
	 

	 
	 
	 

	ASSIGNEE:

	 
	 
	 

	SIR MONTCLAIR PARC, LLC

	an Delaware limited liability company

	 
	 
	 

	By:
	Steadfast Income Advisor, LLC,

	 
	a Delaware limited liability

	 
	company, its Manager

	 
	 
	 

	 
	By:
	/s/ Ana Marie del Rio

	 
	 
	Ana Marie del Rio

	 
	 
	Secretary













Exhibit A
DESCRIPTION OF THE LAND
A tract of land located in the Northwest Quarter of Section 8, Township 10 North, Range 3 West of the Indian Meridian, Oklahoma City, Cleveland County, Oklahoma, being described as follows:  Commencing at the Northwest Corner of the Northwest Quarter of said Section 8; thence S. 00°02'13" E. along the West line of said Northwest Quarter a distance of 950 feet to the point of beginning; thence East a distance of 1,011.50 feet; thence S. 00°02'13" E. and parallel with the West line of said Northwest Quarter a distance of 1017.22 feet; thence S. 65°55'43" W., a distance of 29.98 feet; thence N. 24°04'17" W., a distance of 96.06 feet; thence West a distance of 945 feet to a point on the West line of said Northwest Quarter; thence N. 00°02'13" W. along the West line of said Northwest Quarter a distance of 941.74 feet to the point of beginning.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Millennium Challenge Corporation

          - [MCC FR 09-08] 

# AGENCY:

Millennium Challenge Corporation. 

# TIME AND DATE:

10 a.m. to 12 p.m., Wednesday, March 11, 2009. 

# PLACE:

Department of State, 2201 C Street, NW., Washington, DC 20520. 

# FOR FURTHER INFORMATION CONTACT:

                        Information on the meeting may be obtained from Romell Cummings via e-mail at                         *Board@mcc.gov*                         or by telephone at (202) 521-3600.                     

# STATUS:

Meeting will be closed to the public. 

# MATTERS TO BE CONSIDERED:

                        The Board of Directors (the “Board”) of the Millennium Challenge Corporation (“MCC”) will hold a meeting to consider the selection of countries that will be eligible for FY 2009 Millennium Challenge Account (“MCA”) assistance under Section 607 of the Millennium Challenge Act of 2003 (the “Act”), codified at 22 U.S.C. 7706, and Threshold Program assistance under Section 616 of the Act (22 U.S.C. 7715); discuss progress on proposed Compacts with certain MCA-eligible countries;                               ( print page 8815)                            discuss MCC's proposed policy on suspension, remediation, and termination of assistance and eligibility; and certain administrative matters. The agenda items are expected to involve the consideration of classified information and the meeting will be closed to the public.                     

Henry C. Pitney, 

(Acting) Vice President and General Counsel, Millennium Challenge Corporation.

[FR Doc. E9-4252 Filed 2-24-09; 4:15 pm] 

BILLING CODE 9211-03-P
Robert Scott Rankin, Individually, Rachelle Rankin, Individually and as Next Friend for Avery Rankin, Kara

s 

# Fourth Court of Appeals

San Antonio, Texas

December 9, 2014

N o. 04

- 14

- 00494

- CV

UNITED PARCEL SERVICE, INC. and Roland Leal,

Appellant s

v.

Robert Scott RANKIN , Individually, Rachelle Rankin, Individually and as Next Friend for

Avery Rankin, Kara Rankin, and Samuel Rankin, Minors,

Appellee s

From the 224th Judicial District Court, Bexar County, Texas

Trial Court No. 2011

- CI

- 07922 Honorable Cathleen M. Stryker, Judge Presiding



### O R D E R

Appellant's second motion for extension of time to file brief is hereby GRANTED. Time is extended to December 19, 2014.

_________________________________ Catherine Stone, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 9th day of December, 2014

.

___________________________________ Keith E. Hottle

Clerk of Court
I 

109TH CONGRESS 

2D SESSION H. R. 4693 

To amend title III of the Higher Education Act of 1965 to include the 

University of the District of Columbia as an eligible graduate institution, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 1, 2006 

Ms. NORTON introduced the following bill; which was referred to the 

Committee on Education and the Workforce 

A BILL 

To amend title III of the Higher Education Act of 1965 

to include the University of the District of Columbia 

as an eligible graduate institution, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘University of the Dis5 trict of Columbia Graduate Programs Act’’. 
2 

•HR 4693 IH 

1 SEC. 2. PROFESSIONAL OR GRADUATE INSTITUTIONS. 

2 (a) ELIGIBLE INSTITUTIONS.—Section 326(e)(1) of 

3 the Higher Education Act of 1965 (20 U.S.C. 

4 1063b(e)(1)) is amended— 

5 (1) by striking ‘‘and’’ at the end of subpara6 graph (Q); 

7 (2) by striking the period at the end of sub8 paragraph (R) and inserting ‘‘; and’’; and 

9 (3) by adding at the end the following new sub10 paragraph: 

11 ‘‘(S) University of the District of Columbia 

12 qualified graduate programs.’’. 

13 (b) CONFORMING AMENDMENTS.—Section 326 of the 

14 Higher Education Act of 1965 (20 U.S.C. 1063b) is fur15 ther amended— 

16 (1) in subsection (e)(3), by striking ‘‘(Q) and 

17 (R)’’ and inserting ‘‘(Q), (R), and (S)’’; 

18 (2) in subsection (f)(2), by striking ‘‘(Q) and 

19 (R)’’ and inserting ‘‘(Q), (R), and (S)’’; and 

20 (3) in subsection (f)(3), by striking ‘‘(A) 

21 through (R)’’ and inserting ‘‘(A) through (S)’’. 

22 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

23 399(a)(2)(B) of the Higher Education Act of 1965 (20 

24 U.S.C. 1068h(a)(2)(B)) is amended to read as follows: 

25 ‘‘(B) There are authorized to be appro26 priated to carry out section 326 such sums as 
3 

•HR 4693 IH 

1 may be necessary for fiscal year 2006 and each 

2 of the 5 succeeding fiscal years.’’. 

Æ
ID Descriptor L* a* b* c h dL* da* db* dEcmc*

Standard 3952 STANDARD 51.35 1.20 13.00

Tolerance

1 3952A BLUE LIMIT 0.78 -0.39 -1.08 0.97

2

3

4

5

6

7

8

9

Shade Number TAN 499 Piece/Roll Number 3952

DLA/ARMY SHADE TOLERANCE PROJECT April 25, 2021

Fabric Nomenclature

CLOTH, KNITTED FLAME RESISTANT, 

TORSO BASIC MATERIAL A, COMBAT 

SHIRT

GL/PD 10-02F

COMMENTS: NUMBERS ARE FOR REFERENCE ONLY 

Equipment Type HUNTER ULTRA SCAN PRO Setting Mode: Specular Included - 

Reflectance

UV Filter – OUT UV Lamp OFF
No. 11-7835.

#### Matthew B. Pizzolato, Petitioner v. United States.

565 U.S. 1171, 132 S. Ct. 1126,

181 L. Ed. 2d 1004,

2012 U.S. LEXIS 617.

January 17, 2012.

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

Same case below, 655 F.3d 403.
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

IN RE: ADOPTION OF A.L.G., A MINOR

PETITION OF: M.G., MOTHER

:

:

:

:

:

No. 412 WAL 2018

Petition for Allowance of Appeal from 

the Order of the Superior Court

IN RE: ADOPTION OF A.R.G., A MINOR

PETITION OF: M.G., MOTHER

:

:

:

:

:

No. 413 WAL 2018

Petition for Allowance of Appeal from 

the Order of the Superior Court

IN RE: ADOPTION OF: M.M.G., A MINOR

PETITION OF: M.G., MOTHER

:

:

:

:

:

No. 414 WAL 2018

Petition for Allowance of Appeal from 

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 12th day of December, 2018, the Petition for Allowance of Appeal

is DENIED.
No. 11-6828.

#### Andre Dee Scott, Petitioner v. California.

565 U.S. 1117, 132 S. Ct. 1007,

181 L. Ed. 2d 746,

2012 U.S. LEXIS 234.

January 9, 2012.

Petition for writ of certiorari to the Court of Appeal of California, Sixth Appellate District, denied.
IN THE SUPREME COURT OF PENNSYLVANIA 

In the Matter of 

THOMAS F. BELLO 

 

: 

: 

: 

: 

: 

: 

: 

: 

: 

: 

: 

No. 2287 Disciplinary Docket No. 3 

Board File No. C1-16-537 

(Supreme Court of the State of New York,

Appellate Division, Second Judicial 

Department, No. 2011-05367) 

Attorney Registration No. 73540

(Out of State) 

ORDER 

PER CURIAM 

 AND NOW, this 15th day of September, 2016, having failed to reply to this 

Court’s directive of August 3, 2016, to provide reasons against the imposition of 

reciprocal discipline, Thomas F. Bello is disbarred from the practice of law in this 

Commonwealth. He is directed to comply with all the provisions of Pa.R.D.E. 217.
ex10.1

  
 Exhibit 10.1
  
 EXTENSION OF OPTION AGREEMENT
  
 

 WHEREAS, ARBUTUS MINERALS LLC (“Arbutus’) and LRE EXPLORATION LLC (“LRC”) are parties to a Property Option Agreement (the “Agreement”) dated November 30, 2010; and
 

 WHEREAS, Section 4.3 b) of the Agreement requires LRE to pay Arbutus Ten Thousand Dollars ($10,000) on or before November 30, 2011; and
 

 WHEREAS, on October 18, 2011, Arbutus and LRE extended the November 30, 2011, payment date by six (6) additional months until May 31, 2012; and
 

 WHEREAS, Arbutus and LRE desire to extend the May 31, 2012 payment date by six (6) additional months until November 30, 2012.
 

 NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
 

 The payment date of November 30, 2011 as defined in the Agreement and which was previously extended to May 31, 2012 is hereby further extended to November 30, 2012.
 

 All other terms of the Agreement shall remain in full force and effect.
 

 This agreement may be executed in counterparts.
 

 IN WITNESS WHEREOF, the parties have executed this Extension of the Option Agreement effective as of April 3, 2012.
 

 

 

 ARBUTUS MINERALS LLC
 

 

 

 _______________________
 Richard Green, Manager
 

 

 

 

 LRE EXPLORATION LLC
 

 

 

 _______________________
 Ruth Cruz Santos, Manager
DIRTY, STAINED OR SMEARED 

Table IV, Insignificant defect (upper limit) – not scored. Food 

or boiler compound cooked or dried on lid.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Environmental Protection Agency

          - 40 CFR Part 55
          - [EPA-R04-OAR-2008-0605; FRL-8769-5]

# AGENCY:

Environmental Protection Agency (EPA).

# ACTION:

Final rule; correction.

# SUMMARY:

On December 31, 2008, EPA published a document finalizing the update of the Florida Outer Continental Shelf (OCS) Air Regulations. That document inadvertently listed the incorrect filing action date for petitions for judicial review. This document corrects that inadvertent error.

# DATES:

*Effective Date:*                         This rule is effective on February 26, 2009.                    

# FOR FURTHER INFORMATION CONTACT:

                        Sean Lakeman, Air Permit Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 562-9043. Mr. Lakeman can also be reached via electronic mail at                         *lakeman.sean@epa.gov*.                    

# SUPPLEMENTARY INFORMATION:

EPA is making a correction to the document published on December 31, 2008 (73 FR 78196), finalizing the update of the Florida OCS Air Regulations. EPA made an inadvertent error on page 78197, column 2, last full paragraph. This paragraph begins with the phrase, “Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 17, 2008”. This date does not correctly allow for the 60 day filing period. EPA is now correcting the date on page 78197, column 2, last full paragraph by replacing it with the following date: “March 1, 2009”.

Authority:42 U.S.C. 7401*et seq.*

Dated: January 20, 2009.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

[FR Doc. E9-4123 Filed 2-25-09; 8:45 am]

BILLING CODE 6560-50-P
# C_2016119EN.01000301.xml

| 5.4.2016 | EN | Official Journal of the European Union | C 119/3 |
| --- | --- | --- | --- |

5.4.2016

EN

Official Journal of the European Union

C 119/3

---

Communication in accordance with Article 12(5)(a) of Council Regulation (EEC) No 2913/92, on the information provided by the customs authorities of the Member States concerning the classification of goods in the customs nomenclature

(2016/C 119/04)

Binding Tariff Information ceases to be valid from this day if it becomes incompatible with the interpretation of the customs nomenclature as a result of the following international tariff measures:

Amendments to the Harmonized System Explanatory Notes and the Compendium of Classification Opinions, approved by the Customs Cooperation Council (CCC doc. NC2177 – report of the 56th Session of the HS Committee):

AMENDMENTS TO THE EXPLANATORY NOTES TO BE DONE UNDER ARTICLE 8 PROCEDURE OF THE HS CONVENTION AND CLASSIFICATION OPINIONS EDITED BY THE HS COMMITTEE OF THE WORLD CUSTOMS ORGANIZATION

(56th Session of the HSC in September 2015)

doc. NC2177

Amendments of the Explanatory Notes of the Nomenclature annexed to the HS Convention

Amendments of the Explanatory Notes of the Nomenclature annexed to the HS Convention

| 03.05 | Q/1 |
| --- | --- |
| Chapter 5 — General | Q/1 |
| 05.11 | Q/1 |

03.05

Q/1

Chapter 5 — General

Q/1

05.11

Q/1

Classification Opinions approved by the HS Committee

Classification Opinions approved by the HS Committee

| 0406.10/1 | Q/6 |
| --- | --- |
| 1601.00/1 | Q/6 |
| 3004.90/4-5 | Q/7 |
| 3005.90/1 | Q/8 |
| 5704.90/1 | Q/9 |
| 5705.00/1 | Q/9 |
| 7607.20/1 | Q/10 |
| 8466.10/1 | Q/11 |
| 8467.19/2 | Q/12 |
| 8467.29/1 | Q/12 |
| 8517.62/21-24 | Q/13 |
| 8525.80/3 | Q/14 |
| 8701.90/2-3 | Q/15 |
| 8703.10/2-3 | Q/16 |
| 9401.71/1-4 | Q/17 |
| 9405.40/1 | Q/18 |
| 9617.00/1 | Q/19 |

0406.10/1

Q/6

1601.00/1

Q/6

3004.90/4-5

Q/7

3005.90/1

Q/8

5704.90/1

Q/9

5705.00/1

Q/9

7607.20/1

Q/10

8466.10/1

Q/11

8467.19/2

Q/12

8467.29/1

Q/12

8517.62/21-24

Q/13

8525.80/3

Q/14

8701.90/2-3

Q/15

8703.10/2-3

Q/16

9401.71/1-4

Q/17

9405.40/1

Q/18

9617.00/1

Q/19

Information regarding the contents of these measures can be obtained from the Directorate-General for Taxation and Customs Union of the European Commission (rue de la Loi/Wetstraat 200, 1049 Brussels, Belgium) or can be downloaded from the internet site of this Directorate-General:

http://ec.europa.eu/comm/taxation_customs/customs/customs_duties/tariff_aspects/harmonised_system/index_en.htm

---
No. 09-782.

#### Marvin Clyde Magee, Jr., Petitioner v. United States, Acting Through the Farm Service Agency.

559 U.S. 973, 130 S. Ct. 1706,

176 L. Ed. 2d 183,

2010 U.S. LEXIS 2029.

March 1, 2010.

Petition for writ of cer-tiorari to the United States Court of Appeals for the Fifth Circuit denied.

Same case below, 342 Fed. Appx. 19.