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 ERIC A,

Pla i ntiff-Appe lle e , v. SISSY JAZM IN SOLANO-YANEZ,

De fe nda nt-Appe l la

nt. No. 15-50056

D.C . No. 3:14-c r-02401-W QH M EM O R ANDUM *

Appe a l from

the Unite d

Stat e s Distric t C ourt for the Southe rn Distric t of C a lifornia W illia m Q. Ha y e s, Distric t Judge , Pre siding Subm itte d Se pte m

be r 27, 2016 * * B e fore : TASHIM A , SILVER M AN, a nd M . SM ITH, C irc uit Judge s. Sissy Ja z m i n Sola

no-Ya ne z a ppe a ls from

the distric t c ourt’ s judgm e nt a nd c ha lle nge s the 50-m onth se nte n c e im pose d following her guilty -ple a c onvic tion for im porta tion of m e tha

m phe tam ine , in viola

t ion of 21 U.S.C . §§ 952 a nd 960. W e 

# FIL ED OCT 03 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 Ninth C irc uit R

ule 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 oral a

rgum e nt. Se eFe d. R . App. P. 34(a)(2).have jurisdic tion under 28 U.S.C . § 1291, a nd we va c ate and re m and for re se nte nc ing. Sola no-Ya ne zargue s tha

t the distric t c ourt e rre d in de ny ing a m inor role re duc t ion to he r ba se offe nse le ve l unde r U.S.S.G. § 3B 1.2(b). Afte r Sola no-Ya ne z wa s se nte nc e d, the Unite d State s Se nte nc ing C om m ission issue d

Am e ndm e nt 794 (“ the Am e ndm e nt” ), whic h am e nde d the c o m m e nta ry to them inor role Guide line . The Am e ndm e nt is re troa c tive to c a se s pe nding on dire c t a ppe a l. Se eUnite d State

s v . Quinte ro-Le

y v a , 823 F.3d 519, 523 (9th C ir. 2016). The Am e ndm e nt c la

rifie d tha t, in a sse s sing whe the r a

de fe nda nt should re c e ive a m inor role a djustm e nt, thec ourt should c om pa re he r to the othe r pa rtic i pa nts in the c rim e , rathe r tha n to a hy pothe tic a l a

ve ra ge pa rtic ipa nt. Se e U.S.S.G. App. C . Am e nd. 794; Quinte ro-Le y v a , 823 F.3d a

t 523. In a ddition, the Am e ndm e nt c la

rifie d tha t “ [t] he fa c t tha

t a de fe nda nt pe rform s a

n e sse ntia l or indispe nsa

ble role in thec rim ina l a c tivity is not de te rm inative .” U.S.S.G. § 3B 1.2 c m t. n.3(C ) (2015). Fina lly , the Am e ndm e nt a dde d a non-e xha ustivelist of fa c tors that a c ourt “ should c onside r” in de te rm ining whe the r to a pply a m inor role re duc t ion. Se eid. B e c a

use we c annot de te rm ine from the re c ord whe the r the distric t c o urt followe d

the guida nc e of the Am e ndm e nt’ s c la rify ing la n gua g e and c onside re d a ll of thenow-re le va nt fa c tors, we va c ate Sola no-Ya ne z ’ s se nte nc e and

1 5 - 5 0 0 5 6 2re m and for re se nte nc i ng unde r the Am e ndm e nt. Se eQuinte ro-Le y v a , 823 F.3d a

t 523-24. VACAT E D and RE M ANDE D for r e se nte nc i ng.

1 5 - 5 0 0 5 6 3
#### Herrick Electrical Contracting Co., Inc., Appellant, v Board of Education of the City of New York (P.S./I.S. 193, Bronx), Respondent.

— In an action to recover damages for breach of contract, plaintiff appeals from so much of an order of the Supreme Court, Kings County (Pino, J.), dated October 18, 1983, as denied its motion for partial summary judgment, and granted defendant’s cross motion to the extent that it sought summary judgment dismissing the complaint.

Order affirmed, insofar as appealed from, with costs.

By an order of the Supreme Court, Kings County (Hirsch, J.), dated October 13, 1981, plaintiff’s motion for leave to amend its complaint to allege compliance with Education Law § 3813 or "four bases on which failure *strictly*to comply with § 3813 may be excused”, was denied on the grounds that the *622proposed amended complaint lacked sufficiency as a matter of law, and that to allow the proposed amendment at that time would be prejudicial to defendant. That order was affirmed, without opinion by this court in *Herrick Elec. Contr. Co. v Board of Educ.*(91 AD2d 878).

A plaintiff is required to plead compliance with Education Law § 3813 *(see, Crescent Elec. Installation Corp. v Board of Educ.,*50 NY2d 780). Since plaintiff has already been denied leave to amend its complaint to plead compliance or excuse for failure to so comply, it was proper for Special Term to grant summary judgment to defendant since the complaint was defective *(see, Acme Skillman Constr. Co. v Board of Educ.,*106 AD2d 533).

It is not necessary to pass on plaintiff’s other contentions since they were raised on the prior appeal to this court and we are bound by law of the case. Lazer, J. P., Bracken, Niehoff and Kooper, JJ., concur.
#### The People of the State of New York, Respondent, v Clarence Carr, Jr., Appellant.

Judgment unanimously affirmed. Counsel’s application to withdraw granted *(see, People v Crawford,*71 AD2d 38). (Appeal from judgment of Erie County Court, Wolfgang, J.—attempted grand larceny, third degree.) Present—Dillon, P. J., Callahan, Denman, Pine and Schnepp, JJ.
III 

112TH CONGRESS 

1ST SESSION S. RES. 31 

Commemorating the 110th anniversary of the United States Army Nurse 

Corps. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 27, 2011 

Mr. REID (for Mr. INOUYE (for himself, Ms. MURKOWSKI, and Mr. COCHRAN)) submitted the following resolution; which was considered and 

agreed to 

RESOLUTION 

Commemorating the 110th anniversary of the United States 

Army Nurse Corps. 

Whereas throughout the history of the United States, nurses 

have served the United States Armed Forces during 

times of peace and war; 

Whereas the establishment of the United States Army Nurse 

Corps (referred to in this preamble as the ‘‘Army Nurse 

Corps’’), a permanent nursing corps, was authorized 

under section 19 of the Act of February 2, 1901 (31 

Stat. 753, chapter 192); 

Whereas for the 110 years since its establishment, the Army 

Nurse Corps has served with distinction at home and 

abroad; 


pwalker on DSKD5P82C1PROD with BILLS
2 

•SRES 31 ATS 

Whereas more than 21,000 Army nurses served in World 

War I, providing care in evacuation, mobile surgical hospitals, and on hospital trains and transport ships; 

Whereas in World War II, more than 57,000 Army nurses 

served with distinction, including 67 nurses who were 

captured in the Philippines and held as prisoners of war 

for 3 years before their liberation in February 1945; 

Whereas Army nurses have served with the United States 

Army in hostilities in Korea, Vietnam, Grenada, Panama, 

Kuwait, and Somalia; 

Whereas Army nurses have served shoulder to shoulder with 

the United States Army for more than 9 years in Afghanistan and 7 years in Iraq; 

Whereas as of the date of agreement to this resolution, 

nurses in the Army Reserve, the Army National Guard, 

and the Regular Army are deployed in more than 15 

countries; 

Whereas the motto of Army nurses, ‘‘Embrace the Past, Engage the Present, Envision the Future’’, symbolizes the 

bond of the Army Nurse Corps to its rich history as well 

as its commitment to the care of future generations of 

Americans; 

Whereas Army nurses, who selflessly serve the United States, 

will continue to serve the United States Army, regardless 

of the cause, location, or magnitude of future battles; and 

Whereas the Army Nurse Corps is committed to providing 

quality care to the United States Army during times of 

peace and war, at any time and in any place: Now, therefore, be it 

1 Resolved, That the Senate— 


pwalker on DSKD5P82C1PROD with BILLS
3 

•SRES 31 ATS 

1 (1) recognizes the valor, commitment, and sac2 rifice that United States Army Nurse Corps nurses 

3 have made throughout the history of the United 

4 States; 

5 (2) commends the United States Army Nurse 

6 Corps for 110 years of selfless service; and 

7 (3) calls upon the people of the United States 

8 to observe that anniversary with appropriate cere9 monies and activities. 

Æ 


pwalker on DSKD5P82C1PROD with BILLS
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                         123,779
<SECURITIES>                                         0
<RECEIVABLES>                                  563,519
<ALLOWANCES>                                   120,350
<INVENTORY>                                    150,156
<CURRENT-ASSETS>                               947,118
<PP&E>                                         505,060
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               2,265,969
<CURRENT-LIABILITIES>                          776,805
<BONDS>                                        450,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           165
<OTHER-SE>                                     739,332
<TOTAL-LIABILITY-AND-EQUITY>                 2,265,969
<SALES>                                              0
<TOTAL-REVENUES>                             4,813,499
<CGS>                                                0
<TOTAL-COSTS>                                4,577,571
<OTHER-EXPENSES>                               331,056
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              23,930
<INCOME-PRETAX>                                (95,128)
<INCOME-TAX>                                    (5,297)
<INCOME-CONTINUING>                            (89,831)
<DISCONTINUED>                                 (68,698)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (158,529)
<EPS-PRIMARY>                                    (1.02)
<EPS-DILUTED>                                    (1.02)


</TABLE>
III 

112TH CONGRESS 

1ST SESSION S. RES. 303 

Honoring the life, service, and sacrifice of Captain Colin P. Kelly, Jr., United 

States Army. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 20, 2011 

Mr. NELSON of Florida submitted the following resolution; which was referred 

to the Committee on Armed Services 

NOVEMBER 16, 2011 

Committee discharged; considered and agreed to with an amended preamble 

RESOLUTION 

Honoring the life, service, and sacrifice of Captain Colin 

P. Kelly, Jr., United States Army. 

Whereas Captain Colin P. Kelly, Jr., was born in Madison, 

Florida, in 1915 and graduated from that community’s 

high school in 1932; 

Whereas Captain Kelly attended the United States Military 

Academy at West Point, New York, graduating in 1937 

and was assigned to a B–17 bomber group; 

Whereas Captain Kelly was stationed in the Philippines as a 

B–17 pilot in the Army Air Corps when the United 

States came under Japanese attack on December 7, 

1941; 


jbell on DSK7SPTVN1PROD with BILLS
2 

SRES 303 ATS 

Whereas, on December 9, 1941, when Clark Field in the 

Philippines was attacked by Japanese forces, Captain 

Kelly and his 7 crew members, Lieutenant Joe M. Bean, 

Second Lieutenant Donald Robins, Staff Sergeant James 

E. Halkyard, Technical Sergeant William J. Delehanty, 

Sergeant Meyer S. Levin, Private First Class Willard L. 

Money, and Private First Class Robert E. Altman, were 

sent to locate and sink a Japanese Aircraft Carrier, one 

of the first bombing missions of World War II; 

Whereas the crew, commanded by Captain Kelly, located Japanese warships operating off the Luzon Coast, and during the mission successfully hit a large Japanese warship; 

Whereas on the return flight to Clark Field, the B–17 came 

under attack by 2 enemy aircraft and was critically damaged; 

Whereas Captain Kelly ordered his crew to bail out while he 

remained at the controls; 

Whereas Captain Kelly continued to operate the controls as 

the 6 surviving crew members bailed out and parachuted 

safely to the ground, despite remaining under fire during 

the descent; 

Whereas the B–17 crashed near Clark Field, killing Captain 

Kelly, who had remained at the controls so his crew had 

time to evacuate the aircraft; 

Whereas Captain Kelly was posthumously awarded the Distinguished Service Cross for his heroic actions on December 9, 1941; and 

Whereas the Four Freedoms Monument in Madison, Florida 

was commissioned by President Franklin D. Roosevelt 

and dedicated in Captain Kelly’s memory in 1943: Now, 

therefore, be it 


jbell on DSK7SPTVN1PROD with BILLS
3 

SRES 303 ATS 

1 Resolved, That the Senate— 

2 (1) recognizes Captain Colin P. Kelly, Jr., as 

3 an Army officer and pilot of the highest caliber, up4 holding the Army’s core values of loyalty, duty, re5 spect, selfless service, honor, integrity, and personal 

6 courage; 

7 (2) commends Captain Kelly for his service to 

8 the United States during the first days of World 

9 War II; and 

10 (3) honors the sacrifice made by Captain Kelly, 

11 giving his own life to save the lives of his crew. 

Æ 


jbell on DSK7SPTVN1PROD with BILLS
[Federal Register Volume 86, Number 143 (Thursday, July 29, 2021)]
[Notices]
[Page 40883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16100]


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

POSTAL SERVICE


Product Change--Priority Mail Negotiated Service Agreement

AGENCY: Postal Service<SUP>TM</SUP>.

ACTION: Notice.

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

SUMMARY: The Postal Service gives notice of filing a request with the 
Postal Regulatory Commission to add a domestic shipping services 
contract to the list of Negotiated Service Agreements in the Mail 
Classification Schedule's Competitive Products List.

DATES: Date of required notice: July 29, 2021.

FOR FURTHER INFORMATION CONTACT: Sean Robinson, 202-268-8405.

SUPPLEMENTARY INFORMATION: The United States Postal Service[supreg] 
hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on 
July 19, 2021, it filed with the Postal Regulatory Commission a USPS 
Request to Add Priority Mail Contract 713 to Competitive Product List. 
Documents are available at www.prc.gov, Docket Nos. MC2021-114, CP2021-
116.

Sean Robinson,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2021-16100 Filed 7-28-21; 8:45 am]
BILLING CODE 7710-12-P
**EXHIBIT23**

#  

CONSENTOF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

 

We consent to the incorporation by reference in Registration Statement No. 333-92725 on Form S-8 pertaining to the 1993 Non-Employee Directors Stock Ownership Incentive Plan, the 1999 Employee Stock Option Plan and the Employee Gift Program, and No. 333-130791 on Form S-8 pertaining to the Kentucky Bancshares, Inc. 2005 Restricted Stock Grant Plan, of our report dated March 29, 2010 appearing in this Annual Report on Form 10-K of Kentucky Bancshares, Inc. for the year ended December 31, 2009.

 

 

/s/CroweHorwath LLP

CroweHorwath LLP

 

Louisville,Kentucky

March 29,2010

 

1

----
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 155 Agreed to Senate (ATS)]

112th CONGRESS
  1st Session
S. RES. 155

    Designating April 23, 2011, as ``National Adopt A Library Day''.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 14, 2011

    Mr. Webb (for himself, Ms. Snowe, Mr. Cochran, and Mr. Warner) 
 submitted the following resolution; which was considered and agreed to

_______________________________________________________________________

                               RESOLUTION

 
    Designating April 23, 2011, as ``National Adopt A Library Day''.

Whereas libraries are an essential part of the communities and the national 
        system of education in the United States;
Whereas the people of the United States benefit significantly from libraries 
        that serve as an open place for people of all ages and backgrounds to 
        use books and other resources that offer pathways to learning, self-
        discovery, and the pursuit of knowledge;
Whereas the libraries of the United States depend on the generous donations and 
        the support of individuals and groups to ensure that people who are 
        unable to purchase books still have access to a wide variety of 
        resources;
Whereas certain nonprofit organizations facilitate the donation of books to 
        schools and libraries across the United States, in order to extend the 
        joy of reading to millions of people in the United States and to prevent 
        used books from being thrown away;
Whereas as of the date of agreement to this resolution, the libraries of the 
        United States have provided valuable resources to individuals who are 
        affected by the economic crisis by encouraging continued education and 
        job training; and
Whereas several States that recognize the importance of libraries and reading 
        have adopted resolutions commemorating April 23 as ``Adopt A Library 
        Day'': Now, therefore, be it
    Resolved, That the Senate--
            (1) designates April 23, 2011, as ``National Adopt A 
        Library Day'';
            (2) honors the organizations that facilitate donations to 
        schools and libraries;
            (3) urges people in the United States who own unused books 
        to donate such books to local libraries;
            (4) strongly supports children and families who take 
        advantage of the resources provided by schools and libraries; 
        and
            (5) encourages the people of the United States to observe 
        ``National Adopt A Library Day'' with appropriate ceremonies 
        and activities.
                                 <all>
```
EXHIBIT 32



<PAGE>

     In connection with the quarterly  report of Liquor Group  Wholesale,  Inc.,
(the  "Company") on Form 10-Q for the quarter  ended  November 30, 2008 as filed
with the Securities  Exchange  Commission on the date hereof (the "Report") C.J.
Eiras,  the  Principal  Executive  Officer of the Company and Jason  Bandy,  the
Principal  Financial Officer of the Company,  certify pursuant to 18 U.S.C. Sec.
1350,  as adopted  pursuant  to Section 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 results of operation of
          the company.


 January 14, 2009                       /s/ C.J. Eiras
                                        ------------------------------
                                        C.J. Eiras, Principal Executive Officer


                                        /s/ Jason Bandy
                                        ------------------------------
                                        Jason Bandy, Principal Financial Officer
#### Mark Gatz, Appellant, v Mark Layburn, Respondent.

[944 NYS2d 918] —

In an action to recover damages for assault and battery, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Spinner, J.), dated July 2, 2010, which, upon the granting of his motion for leave to enter a judgment in his favor on the issue of liability upon the defendant’s default in appearing or answering, and after an inquest on the issue of damages, determined that the defendant owed no damages to him and directed dismissal of the complaint with prejudice.

Ordered that on the Court’s own motion, the notice of appeal from the order is deemed to be an application for leave to appeal from the order, and leave to appeal is granted *(see*CELR 5701 [c]); and it is further,

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

The Supreme Court correctly determined that the plaintiff failed to offer sufficient evidence to establish his entitlement to damages *(cf. Rodriguez v Valentine,*20 AD3d 558, 559 [2005]; *Laurie Marie M. v Jeffrey T.M.,*159 AD2d 52, 55-56 [1990], *affd*77 NY2d 981 [1991]). Accordingly, the Supreme Court properly concluded that the plaintiff was not entitled to an award of damages, and properly directed dismissal of the complaint. Mastro, A.EJ., Florio, Chambers and Roman, JJ., concur.
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 178 Agreed to Senate (ATS)]

112th CONGRESS
  1st Session
S. RES. 178

Expressing support for the designation of May 1, 2011, as ``Silver Star 
                         Service Banner Day''.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 10, 2011

  Mrs. McCaskill (for herself and Mr. Blunt) submitted the following 
             resolution; which was considered and agreed to

_______________________________________________________________________

                               RESOLUTION

 
Expressing support for the designation of May 1, 2011, as ``Silver Star 
                         Service Banner Day''.

Whereas the Senate has always honored the sacrifices made by the wounded and ill 
        members of the Armed Forces;
Whereas the Silver Star Service Banner has come to represent the members of the 
        Armed Forces and veterans who were wounded or became ill in combat in 
        the wars fought by the United States;
Whereas the Silver Star Families of America was formed to help the American 
        people remember the sacrifices made by the wounded and ill members of 
        the Armed Forces by designing and manufacturing Silver Star Service 
        Banners and Silver Star Flags for that purpose;
Whereas the sole mission of the Silver Star Families of America is to evoke 
        memories of the sacrifices of members and veterans of the Armed Forces 
        on behalf of the United States through the presence of a Silver Star 
        Service Banner in a window or a Silver Star Flag flying;
Whereas the sacrifices of members and veterans of the Armed Forces on behalf of 
        the United States should never be forgotten; and
Whereas May 1, 2011, is an appropriate date to designate as ``Silver Star 
        Service Banner Day'': Now, therefore, be it
    Resolved, That the Senate supports the designation of May 1, 2011, 
as ``Silver Star Service Banner Day'' and calls upon the people of the 
United States to observe the day with appropriate programs, ceremonies, 
and activities.
                                 <all>
```
<PAGE>
                                                                    EXHIBIT 99.1
                        CERTIFICATION OF PERIODIC REPORT



         Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C.
Section 1350, the undersigned officer of Renaissance Learning, Inc. (the
"Company"), hereby certifies that:

         (1)      the Company's Quarterly Report on Form 10-Q for the quarter
                  ended June 30, 2002 (the "Report") fully complies with the
                  requirements of Section 13(a) or 15(d), as applicable, 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 results of
                  operations of the Company.


Dated: August 13, 2002


                                        /s/ Michael H. Baum
                                        -------------------------------
                                        Name:  Michael H. Baum
                                        Title:  Chief Executive Officer