alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES AIR FORCE

COURT OF CRIMINAL APPEALS

________________________

No. ACM S32555

________________________

UNITED STATES

Appellee

v.

Austin C.A. DECLUE

Senior Airman E-4, U.S. Air Force, Appellant

________________________

Appeal from the United States Air Force Trial Judiciary

Decided 22 August 2019

________________________

Military Judge: Bryon T. Gleisner.

Approved sentence: Bad-conduct discharge, confinement for 135 days, 

and reduction to E-1. Sentence adjudged 11 September 2018 by SpCM 

convened at Barksdale Air Force Base, Louisiana.

For Appellant: Captain David A. Schiavone, USAF.

Before MAYBERRY, MINK, and D. JOHNSON, Appellate Military 

Judges.

________________________

This is an unpublished opinion and, as such, does not serve as 

precedent under AFCCA Rule of Practice and Procedure 30.4.

________________________

PER CURIAM:

The approved findings and sentence are correct in law and fact, and no error materially prejudicial to Appellant’s substantial rights occurred. Articles 
United States v. DeClue, No. ACM S32555

2

59(a) and 66(c), Uniform Code of Military Justice, 10 U.S.C. §§ 859(a), 866(c).1

Accordingly, the approved findings and sentence are AFFIRMED.2

FOR THE COURT

CAROL K. JOYCE

Clerk of the Court

 

1 Manual for Courts-Martial, United States (2016 ed.).

2 We note the Court-Martial Order (CMO) dated 30 November 2018 states that Specification 3 of the Charge was withdrawn and dismissed after arraignment. The military 

judge erroneously announced a finding of Not Guilty to this Specification. The Court 

orders promulgation of a corrected CMO.
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.                  

###### Department of Veterans Affairs

# AGENCY:

Department of Veterans Affairs.

# ACTION:

Notice to delete system of records.

# SUMMARY:

The Department of Veterans Affairs (VA) is deleting a system of records entitled “Chief Financial Officer and Fiscal Officer Designation and Certification Records System—VA” (85VA047), which was established at 58 FR 50628, dated September 28, 1993. The system contained information on applicants for Fiscal Officer and Chief Financial Officer positions in the Veterans Health Administration (VHA) medical facilities, as well as a register of certified station Fiscal Officers and Chief Financial Officers. This system of records is being deleted because this program was never active in the Office of Finance and the records were never collected. All selections of station Fiscal Officers and Chief Financial Officers have been decentralized.

A “Report of Intention to Publish a Federal Notice of Deletion of a System of Records” and a copy of the deletion of system notice have been provided to the appropriate Congressional committees and to the Office of Management and Budget (OMB), as required by 5 U.S.C. 552a(r) and guidelines issued by OMB, 65 FR 77677 (Dec. 12, 2000).

# DATES:

*Effective Date:*                         April 9, 2009.                    

# FOR FURTHER INFORMATION CONTACT:

                        Peter Mulhern, Office of Financial Policy (047G), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420,                         *Telephone:*                         (202) 461-6487 (this is not a toll-free number).                    

Approved: March 4, 2009.

John R. Gingrich,

Chief of Staff, Department of Veterans Affairs.

 [FR Doc. E9-8064 Filed 4-8-09; 8:45 am]

BILLING CODE 8320-01-P
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 19-51148

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

TOMAS VARGAS-TORRES,

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 3:19-CR-2677-1

Before SMITH, DENNIS, and DUNCAN, Circuit Judges.

PER CURIAM:*

Tomas Vargas-Torres appeals the 30-month, within-guidelines prison 

term imposed following his guilty plea conviction for illegally reentering the 

United States after removal. Vargas-Torres argues that under the principles 

articulated in Apprendi v. New Jersey, 530 U.S. 466 (2000), and Alleyne v. 

United States, 570 U.S. 99 (2013), 8 U.S.C. § 1326(b) is unconstitutional 

because it permits a sentence above the statutory maximum in § 1326(a) based 

* 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, 2020

Lyle W. Cayce

Clerk

 Case: 19-51148 Document: 00515486899 Page: 1 Date Filed: 07/13/2020
No. 19-51148

2

on the fact of a prior felony conviction not alleged in the indictment nor found 

by a jury beyond a reasonable doubt. The Government has filed an unopposed 

motion for summary affirmance and, alternatively, seeks an extension of time 

to file its brief.

As the Government argues and as Vargas-Torres concedes, this issue is 

foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998). See 

United States v. Wallace, 759 F.3d 486, 497 (5th Cir. 2014); United States v. 

Pineda-Arrellano, 492 F.3d 624, 625-26 (5th Cir. 2007). Because the issue is 

foreclosed, summary affirmance is appropriate. See Groendyke Transp., Inc. v. 

Davis, 406 F.2d 1158, 1162 (5th Cir. 1969).

Accordingly, the Government’s motion for summary affirmance is 

GRANTED, and the judgment is AFFIRMED. The Government’s alternative 

motion for an extension of time to file its brief is DENIED.

 Case: 19-51148 Document: 00515486899 Page: 2 Date Filed: 07/13/2020
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.                  

###### Department of Health and Human Services

###### Health Resources and Services Administration

In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), notice is hereby given of the following meeting:

*Name:*                         National Advisory Council on Migrant  Health.                    

*Dates and Times:*                         May 14, 2009, 8:30 a.m. to 5 p.m. May 15, 2009, 8:30 a.m. to 5 p.m.                    

*Place:*                         Hilton Palacio del Rio Hotel, 200 South Alamo Street, San Antonio, Texas 78205, Telephone: (210) 222-1400, Fax: (210) 270-0761.                    

*Status:*                         The meeting will be open to the public.                    

*Purpose:*                         The purpose of the meeting is to discuss services and issues related to the health of migrant and seasonal farmworkers and their families and to formulate recommendations for the Secretary of Health and Human Services.                    

*Agenda:*                         The agenda includes an overview of the Council's general business activities. The Council will also hear presentations from experts on farmworker issues, including the status of farmworker health at the local and national levels.                     

The Council meeting is being held in conjunction with the National Farmworker Health Conference sponsored by the National Association of Community Health Centers, which is being held in San Antonio, Texas, May 12-14, 2009.

Agenda items are subject to change as priorities indicate.

*For Further Information Contact:*                         Gladys Cate, Office of Minority and Special Populations, Bureau of Primary Health Care, Health Resources and Services Administration, 5600 Fishers Lane, Maryland 20857; telephone (301) 594-0367.                    

Dated: March 27, 2009.

Alexandra Huttinger,

Director, Division of Policy Review and Coordination.

[FR Doc. E9-7435 Filed 4-1-09; 8:45 am]

BILLING CODE 4165-15-P
##### 



UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
 Washington, D. C. 20549
 FORM 10-Q/A
 (Amendment No. 1)
  x
 April 1, 2006
  o
  001-08769
 R. G. BARRY CORPORATION
  OHIO
    
    31-4362899(State or other jurisdiction
of incorporation or organization)
    
    (IRS Employer
Identification Number)
 13405 Yarmouth Road NW, Pickerington, Ohio
    
    43147(Address of principal executive offices)
    
    (Zip Code)
 614-864-6400
 NOT APPLICABLE
  x o
  o o x
  o x
     Page 1




---



##### 



Explanatory Note
     Item 6. Exhibits
  Page 2




---



##### 



R. G. BARRY CORPORATION
RegistrantAugust 18,
2006

Date/s/ Daniel D. VirenDaniel D. Viren
Senior Vice President  Finance, Chief Financial Officer
and Secretary
(Principal Financial Officer)
(Duly Authorized Officer)
 
 Page 3




---



##### 



Exhibit No.
    
    Description
    
    Location10.1
    
    Executive Employment Agreement,
dated as of February 7, 2006,
between R.G. Barry Corporation and
Greg A. Tunney
    
    Incorporated herein
by reference to
Exhibit 10.1 to
R.G. Barry
Corporations
Current Report on
Form 8-K, dated
February 9, 2006
and filed February
10, 2006 (File No.
001-08769) (R.G.
Barrys February 9,
2006 Form 8-K)10.2
    
    Nonqualified Stock Option Award
Agreement for options granted to
Greg A. Tunney on February 7, 2006
under the R.G. Barry Corporation
2005 Long-Term Incentive Plan
    
    Incorporated herein
by reference to
Exhibit 10.2 to
R.G. Barrys
February 9, 2006
Form 8-K10.3
    
    2006 R.G. Barry Management Bonus Plan
    
    Incorporated herein
by reference to
Exhibit 10.1 to
R.G. Barry
Corporations
Current Report on
Form 8-K, dated
March 23, 2006 and
filed March 27,
2006 (File No.
001-08769)10.4.
    
    Employment Agreement, dated March
30, 2006, between R.G. Barry
Corporation and Thomas M. Von Lehman
    
    Incorporated herein
by reference to
Exhibit 10.1 to
R.G. Barry
Corporations
Current Report on
Form 8-K, dated
April 4, 2006 and
filed April 5, 2006
(File No.
001-08769)31.1
    
    Rule 13a-14(a)/15d-14(a)
Certification (Principal Executive
Officer)
    
    Filed herewith31.2
    
    Rule 13a-14(a)/15d-14(a)
Certification (Principal Financial
Officer)
    
    Filed herewith32.1
    
    Section 1350 Certifications
(Principal Executive Officer and
Principal Financial Officer)
    
    Previously filed as
Exhibit 32.1 to R.
G. Barry
Corporations
Quarterly Report on
Form 10-Q for the
quarterly period
ended April 1, 2006
(File No.
001-08769)
 Page 4
Randy MARQUARDT, Appellant, v. STATE of Florida, Appellee.

Case No. 2D15-4446

District Court of Appeal of Florida, Second District.

Opinion filed October 11, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
##### 



Exhibit
10.47
 
 DAstrove@dclawfirm.com
  VIA MESSENGER, TELECOPY AND CERTIFIED MAILComstock Bellemeade, L.C.11465 Sunset Hills Road5th FloorReston, Virginia 20190Attention:
    
    Christopher ClementeJubal Thompson
 th
 Re:
    
    NOTICE OF DEFAULT;Forty-Six Million Seven Hundred Twenty-Five Thousand and
No/100 ($46,725,000.00) Loan (the Loan) between Comstock Bellemeade, L.C.
(Borrower) and Bank of America, N.A. (Lender) which Loan is guaranteed by
Comstock Homebuilding Companies, Inc. (Guarantor)




---



##### 



cc:
    
    John A. Moffet, Jr., Esq. 
Via Telecopier No. (703) 383-9343 and Certified MailJohn DeZinno  Via Email
**EXHIBIT 31.1**

** **

**CERTIFICATION PURSUANT TO SECTION 302(A) OF THESARBANES-OXLEY ACT OF 2002**

 

I, Perry Glassgow, certify that:

 

1. I have reviewed this annual report on Form 10-K, and allreports on Form 8-K containing distribution or servicing reports filed inrespect of periods included in the year covered by this annual report, ofHarley-Davidson Motorcycle Trust 2004-3;

 

2. Based on my knowledge, the information in these reports,taken as a whole, does not contain any untrue statement of a material fact or omitto state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading as of thelast day of the period covered by this annual report;

 

3. Based on my knowledge, the distribution of servicinginformation required to be provided to the trustee by the servicer under thesale and servicing agreement is included in these reports;

 

4. I am responsible for reviewing the activities performedby the servicer under the sale and servicing agreement and based upon my knowledge and the annual compliance review required under thesale and servicing agreement, and except as disclosed in the reports, theservicer has fulfilled its obligations under the sale and servicing agreement;and

 

5. The reports disclose all significant deficienciesrelating to the servicer’s compliance with the minimum servicing standardsbased upon the report provided by an independent accountant, after conducting areview in compliance with the Uniform Single Attestation Program for MortgageBankers or similar procedure, as set forth in the sale and servicing agreementthat is included in these reports.

 

 
|   | By:    | /s/  Perry A. Glassgow       |   |
|--------|--------|------------------------------|--------|
|   |   | Perry A. Glassgow            |
|   |   | Vice President and Treasurer |

 

March30, 2005

 

----
# Olaltfnrnt a^tat ^ ^tn^t t ALE X PADILL A SENATOR , 20T H DISTRIC T 

### S I 0-100309-03 8 CONTRO L NO .

Marc h3 , 201 0

•— ^ Th e Honorabl e Raymon dH . LaHoo d-•Z , Secretary • ' • U.S . Departmen t

o f Transportatio n ',;> j 120 0 New Jerse y Ave. , S E' § Washington , D C 2059 0 ^ Docke t DOT-OST-2010-001 8 1 ^ i § Dear Mr . Secretary : I respectfull y writ e i n support o f America nAirlines ' reques t for allocatio no f

tw o dail y U.S.

- Haned aslo t

pair s t o operat e year-roun dfromNe w Yor k an dLo s Angele s t o Toky o Haneda . Lo s Angele s an dNe w Yor

k ar e th e bigges t

trave l market s betwee nth e U.S . an dTokyo . Withalmos t 7 0 millio n annual passenger s Haned ai s th e fourt hlarges t airport inth e world . American' s applicatio n i s i n th e bes t

publi c interes t

t o connec t

thes e trave l destinations . In 2009 , Lo s Angele s an dNe w Yor k ranke dfirs t

an dsecond , respectively , i nannua l passenge r bookings . Clearly , Lo s Angele s an dNe w Yor k shoul db e first

i nthi s importan t

ne w servic e opportunity t o Toky o Haneda . I n additio n t o benefitin g traveler s i n Ne w Yor k an dLo s Angele s t o Haneda , American' s proposa l wil l provid e significan t connectin g opportunitie s beyon dth e tw o gateways . Seventee n U.S . citie s wil l enjo y on-lin e servic e beyon dNe w Yor k an d2 0 U.S . citie s beyon dLo s Angeles . Furthermore , th e 1 0 larges t U.S . citie s wil l gai non-lin e service s throug hAmerican' s proposal . I strongl y support

American' s proposal . I hop e tha t th e Departmen t

o f Transportatio nwil l approv e thei r

application . Th e proposa l i s i nth e bes t interes t o f th e travelin g publi c an dwil l provid e customer s withmor e service , schedulin g an dpricin g options .

State Senator , 20" " Distric t

CAPITO L OFFICE - STAT E CAPITOL , ROO M 403 8 • SACRAMENTO , C A9581 4 • TE L (916 ) 651-402 0 • FA X (916 ) 324-664 5 DISTRIC TOFFICE : 615 0 VA N NUY S BLVD. , SUIT E 40 0 • VA N NUYS , C A9140 1 • TE L (818 ) 901-558 8 • FA X (818 ) 901-556 2 _jitBtt>
Tiffany WESTLUND and Tim Sedlock v. NATIONAL UNION FIRE INSURANCE CO. OF PITTSBURGH, PA, et al.

NO. 2018-CC-0624

Supreme Court of Louisiana.

April 27, 2018

Denied. Adequate remedy on appeal.

GUIDRY, J., would grant.
[Federal Register Volume 74, Number 65 (Tuesday, April 7, 2009)]
[Notices]
[Pages 15762-15763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7759]


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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-65,377]


Watertronics, Heartland, WI; Notice of Termination of 
Investigation

    Pursuant to Section 221 of the Trade Act of 1974, as amended, an 
investigation was initiated on February 25, 2009 in response to a 
petition filed by a One-Stop Operator on behalf of workers of 
Watertronics, Heartland, Wisconsin.
    The petitioner has requested that the petition be withdrawn. 
Therefore, the investigation under this petition has been terminated.


[[Page 15763]]


    Signed at Washington, DC, this 19th day of March 2009.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-7759 Filed 4-6-09; 8:45 am]
BILLING CODE 4510-FN-P
NUMBER 13-22-00565-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG 

____________________________________________________________

RAYMOND GERALD MCBRIDE, Appellant,

v.

THE STATE OF TEXAS, Appellee.

____________________________________________________________

On appeal from the 24th District Court

of Victoria County, Texas.

____________________________________________________________

MEMORANDUM OPINION

Before Justices Benavides, Longoria, and Tijerina

Memorandum Opinion by Justice Benavides

Appellant, Raymond Gerald McBride, perfected this appeal from a judgment of 

conviction entered by the 24th District Court of Victoria County, Texas in trial court cause 

number 21-07-33060-A. Appellee has now filed a motion to permanently abate the

appeal, based on the death of appellant, Raymond Gerald McBride. According to the
2

motion, appellant died on January 31, 2023, after appeal was perfected, but before this 

Court issued its mandate. See TEX. R. APP. P. 7.1(a)(2). 

We grant appellee’s motion, and, in accordance with Texas Rule of Appellate 

Procedure 7.1(a)(2), we hereby order the appeal permanently abated.

GINA M. BENAVIDES

Justice

Do not publish.

TEX. R. APP. P. 47.2(b).

Delivered and filed on the

30th day of March, 2023.
**Exhibit
      32.2**





**CERTIFICATION
      PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**




Pursuant
      to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of
      2002, the undersigned officer of Global Clean Energy Holdings, Inc. (the
“Company”) hereby certifies that, to the best of his knowledge:




(i)
        The Quarterly Report on Form 10-Q of the Company for the quarter ended
      September 30, 2008 (the “Report”) fully complies with the requirements of
      Section 13(a) or Section 15(d), as applicable, 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.





Date:
                November 13, 2008
            By:
            /s/Bruce
                K. NelsonBruce
                Nelson
              Chief
                Financial Officer
[Federal Register Volume 74, Number 67 (Thursday, April 9, 2009)]
[Notices]
[Page 16178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8026]


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

DEPARTMENT OF AGRICULTURE

Forest Service


Information Collection; Urgent Removal of Timber

AGENCY: Forest Service, USDA.

ACTION: Notice; correction.

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

SUMMARY: The Forest Service published an Information Collection Request 
for Comment in the Federal Register of March 24, 2009. The document 
contained an incorrect e-mail address.

FOR FURTHER INFORMATION CONTACT: Lathrop Smith, Forest Management 
staff, at 202-205-0858. Individuals who use telecommunication devices 
for the deaf (TDD) may call the Federal Relay Service (FRS) at 1-800-
877-8339 twenty-four hours a day, every day of the year, including 
holidays.

Correction

    In the Federal Register of March 24, 2009, (73 FR 12303), on page 
12303, in the ADDRESSES section, correct the e-mail address to read:

ADDRESSES: Comments concerning this notice should be addressed to 
Director, Forest Management, 1400 Independence Avenue, SW., Mailstop 
1103, Washington, DC 20250-1103.
    Comments also may be submitted via facsimile to 202-205-1045 or by 
e-mail to: <a href="/cdn-cgi/l/email-protection#a8dddacfcdc6dcf7dacdc5c7dec9c4e8cedb86cecdcc86dddb"><span class="__cf_email__" data-cfemail="abded9cccec5dff4d9cec6c4ddcac7ebcdd885cdcecf85ded8">[email protected]</span></a>.

    Dated: April 2, 2009.
Richard W. Sowa,
Acting Assistant Deputy Chief, National Forest System.
 [FR Doc. E9-8026 Filed 4-8-09; 8:45 am]
BILLING CODE 3410-11-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
Pedro Armando WALTON, Appellant, v. STATE of Florida, Appellee.

Case No. 2D16-2089

District Court of Appeal of Florida, Second District.

Opinion filed November 15, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
**Exhibit
        32.2**


**CERTIFICATION
      PURSUANT TO**


**18
      U.S.C. SECTION 1350**


**AS
      ADDED BY**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**




In
      connection with the Quarterly Report on Form 10-Q of QNB Corp. (the Company)
      for
      the period ended June 30, 2007, as filed with the Securities and Exchange
      Commission (the Report), I, Bret H. Krevolin, Chief Financial Officer, of the
      Company, certify, pursuant to 18 U.S.C. §1350, as added by § 906 of the
      Sarbanes-Oxley Act of 2002, that this periodic report fully complies with the
      requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
      and that information contained in this report fairly presents, in all material
      respects, the financial condition and results of operations of the
      issuer.




Date:
                August 9, 2007
            By:
            /s/
                Bret H. KrevolinBret
                H. Krevolin
              Chief
                  Financial Officer





A
      signed
      original of this written statement required by Section 906, or other document
      authenticating, acknowledging, or otherwise adopting the signature that appears
      in typed form within the electronic version of this written statement required
      by Section 906 has been provided to QNB Corp. and will be retained by the
      Company and furnished to the Securities and Exchange Commission or its staff
      upon request.