alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Cecil S., Respondent, v Dionne S., Appellant.

[942 NYS2d 357]

Order, Family Court, New York County (George L. Jurow, J.H.O.), entered on or about June 2, 2011, which granted the petition to modify an order of custody to the extent of awarding sole physical and legal custody of the subject child to petitioner great-grandfather, unanimously affirmed, without costs.

Family Court properly found that a substantial change in circumstances had occurred since the entry of the 2005 ex parte order awarding custody of the subject child to respondent great-aunt, and that it was in the best interests of the child to modify the 2005 order by awarding custody to petitioner *(see generally Matter of Santiago v Halbal,*88 AD3d 616, 617 [2011]). The rec*640ord shows that petitioner has been the child’s primary caregiver since 2009, and has provided stable housing, medical care, and supervision for the child. The child calls petitioner “Grandpa” and has been doing well under his care. By contrast, in recent years, respondent has provided little or no direct care for the child, and it is not clear from the record whether respondent lives with petitioner and the child *(see Matter of Diffin v Towne,*47 AD3d 988 [2008], *lv denied*10 NY3d 710 [2008]). Concur— Tom, J.P., Friedman, Catterson, Acosta and Freedman, JJ.
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1428 Introduced in Senate (IS)]

105th CONGRESS
  1st Session
                                S. 1428

To waive time limitations specified by law in order to allow the Medal 
 of Honor to be awarded to Robert R. Ingram of Jacksonville, Florida, 
  for acts of valor while a Navy Hospital Corpsman in the Republic of 
                  Vietnam during the Vietnam conflict.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 7, 1997

  Mr. Graham (for himself, Mr. Mack, and Mr. Bumpers) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Armed Services

_______________________________________________________________________

                                 A BILL

 
To waive time limitations specified by law in order to allow the Medal 
 of Honor to be awarded to Robert R. Ingram of Jacksonville, Florida, 
  for acts of valor while a Navy Hospital Corpsman in the Republic of 
                  Vietnam during the Vietnam conflict.

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

SECTION 1. AUTHORITY FOR AWARD OF MEDAL OF HONOR TO ROBERT R. INGRAM 
              FOR VALOR DURING THE VIETNAM CONFLICT.

    (a) Waiver of Time Limitations.--Notwithstanding the time 
limitations specified in section 6248 of title 10, United States Code, 
or any other time limitation with respect to the awarding of certain 
medals to persons who served in the naval service, the President may 
award the Medal of Honor under section 6241 of that title to Robert R. 
Ingram of Jacksonville, Florida, for the acts of valor referred to in 
subsection (b).
    (b) Action Described.--The acts of valor referred to in subsection 
(a) are the actions of Robert R. Ingram on March 28, 1966, as a 
Hospital Corpsman Third Class in the Navy serving in the Republic of 
Vietnam with Company C of the First Battalion, Seventh Marines, during 
a combat operation designated as Operation Indiana.
                                 <all>
```
#### Defoe *et al. v.*Simmons, administrator.

January 13, 1915.

Complaint for land. Before Judge Pendleton. Fulton superior court. December 18, 1913.

*Virlyn B. Moore,*for plaintiffs in error.

*Simmons & Simmons,*contra.

Atkinson, J.

1. The grounds of the motion for new trial relating to the admissibility of evidence were too indefinite to present any question for decision.

2. Upon the uncontradicted evidence the verdict was properly directed.

*Judgment affirmed,.*

*All the Justices concur, except Fish, O. J., absent.*
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* 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 Local Rule

47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 96-21065

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ISRAEL FLORES,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

USDC No. H-95-CR-221-3

- - - - - - - - - -

October 17, 1997

Before JONES, SMITH and STEWART, Circuit Judges.

PER CURIAM:*

Israel Flores was convicted of conspiracy to commit wire

fraud, mail fraud, use of a fictitious name, and money laundering

and aiding and abetting mail and wire fraud. He argues that the

district court erred in calculating his offense level by

referring to the money-laundering guideline and erred in finding

that the loss amount attributable to him was $244,341.60.
No. 96-21065

- 2 -

The district court did not erred in calculating his offense

level by referring to the money-laundering guideline, U.S.S.G. 

§ 2S1.1, because, of the related offenses of conviction, it

carried the highest offense level. See § 3D1.3(a). The district

court also did not err in relying upon the $244,341.60 loss

amount calculated in the presentence report. United States v.

Calverley, 37 F.3d 160, 162-64 (5th Cir. 1994) (en banc);

U.S.S.G. § 2F1.1.

AFFIRMED.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS RESTATED FINANCIAL DATA SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION
EXTRACTED FROM THE FINANCIAL STATEMENTS OF BLOUNT INTERNATIONAL, INC. FOR THE 
PERIOD ENDED MARCH 31, 1997, AS SET FORTH IN ITS FORM 10-Q FOR SUCH PERIOD
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED> 
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                          19,077
<SECURITIES>                                         0
<RECEIVABLES>                                  143,179
<ALLOWANCES>                                     3,023
<INVENTORY>                                     85,549
<CURRENT-ASSETS>                               269,177
<PP&E>                                         308,860
<DEPRECIATION>                                 175,212
<TOTAL-ASSETS>                                 534,165
<CURRENT-LIABILITIES>                          113,592
<BONDS>                                         85,107
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           195
<OTHER-SE>                                     289,469
<TOTAL-LIABILITY-AND-EQUITY>                   534,165
<SALES>                                        170,063
<TOTAL-REVENUES>                               170,063
<CGS>                                          113,794
<TOTAL-COSTS>                                  113,794
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,205
<INCOME-PRETAX>                                 21,452
<INCOME-TAX>                                     7,860
<INCOME-CONTINUING>                             13,592
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    13,592
<EPS-PRIMARY>                                     0.36
<EPS-DILUTED>                                     0.35
        
<PAGE>

</TABLE>
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### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 16

- 30601

TYRONE YOUNG,
Petitioner-Appellant

v. DARREL VANNOY, WARDEN, LOUISIANA STATE PENITENTIARY,
Respondent-Appellee

Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:14 -CV- 708

Before OWEN, ELROD, and COSTA, Circuit Judges. PER CURIAM: * Tyrone Young, Louisiana prisoner # 110405, appeals following the district court’s transfer of his successive 28 U.S.C. § 2254 application to this court, and its subsequent denial of his Federal Rule of Civil Procedure 60(b)
motion wherein he challenged the court’s transfer order

. Because the district court did not enter a final order disposing of the merits of Young’s request for habeas relief in this case, a certificate of appealability (COA) is not required for his appeal. See United States v. Fulton , 7 80 F.3d 683, 688 (5th Cir. 2015).

* Pursuant to 5 TH C IR

. 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 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED June 2, 2017 Lyle W. Cayce Clerk Case: 16-30601 Document: 00514018212 Page: 1 Date Filed: 06/02/2017No. 16

- 30601

2 We review the denial of Young’s motion for an abuse of discretion. See Rocha
v. Thaler , 619 F.3d 387, 400 (5th Cir. 2010). Young argues that the Antiterrorism and Effective Death Penalty Act (AEDPA), which established requirements for habeas corpus proceedings as set forth in 28 U.S.C. § 2244, applie s only in capital habeas proceedings, and
thus i s inapplicable in his non-capital case. It is well established that the AEDPA applies to “all habeas corpus proceedings in the federal courts” filed after its enactment, even those submitted by individuals convicted of noncapital offenses. Lindh v. Murphy , 521 U.S. 320, 326 (1997) (applying the AEDPA to noncapital case). Accordingly, no abuse of discretion has been
shown. IT IS ORDERED that a COA is DENIED as unnecessary and that the transfer order of the district court is AFFIRMED. See Fulton , 780 F.3d at 689. Young’s motion for leave to proceed in forma pauperis is DENIED. Case: 16-30601 Document: 00514018212 Page: 2 Date Filed: 06/02/2017
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

JAN 20, 2011

JOHN LEY

 CLERK

[DO NOT PUBLISH]

 IN THE UNITED STATES COURT OF APPEALS

 FOR THE ELEVENTH CIRCUIT

 ________________________

 No. 10-12947 

Non-Argument Calendar

 ________________________

 D.C. Docket No. 1:92-cr-00679-FAM-6

USA,

lllllllllllllllllllll Plaintiff - Appellee,

 versus

HORACE EDWARD LOCKHART,

a.k.a. Clint,

lllllllllllllllllllll Defendant - Appellant.

________________________

 Appeal from the United States District Court

 for the Southern District of Florida

 ________________________

(January 20, 2011)

Before HULL, WILSON and ANDERSON, Circuit Judges.

PER CURIAM:

Horace Edward Lockhart appeals the district court’s denial of his motion for
relief from judgment pursuant to Federal Rule of Civil Procedure 60(b). Lockhart

contends the district court erred in determining that it lacked jurisdiction, and he

recounts the three issues raised in his motion: that the indictment was defective,

that the indictment was impermissibly amended, and that the jury was improperly

instructed on the issue of lesser included offenses. 

We review jurisdictional questions de novo. Williams v. Chatman, 510 F.3d

1290, 1293 (11th Cir. 2007) (per curiam). Where, in a purported Rule 60(b)

motion, a defendant challenges the validity of his conviction by seeking to add a

new ground for relief or attacking the previous resolution of a claim on the merits,

the motion is properly construed as a successive habeas petition. Id. at 1293–94

(quoting Gonzalez v. Crosby, 545 U.S. 524, 532, 125 S. Ct. 2641, 2648 (2005)). 

Absent an order from this Court authorizing consideration of a successive habeas

petition, the district court lacks subject matter jurisdiction as to that petition. Id. at

1295; see also Farris v. United States, 333 F.3d 1211, 1216 (11th Cir. 2003) (per

curiam) (the district court lacks jurisdiction to consider a second or successive

§ 2255 petition without our prior authorization, even if the petition is labeled a

Rule 60(b) motion). 

Because Lockhart’s Rule 60(b) motion asserts three bases for relief from the

state court’s judgment of conviction, and because it does not allege any error in his

2
earlier § 2255 proceedings, the motion is properly construed as a successive

habeas petition. See Williams, 510 F.3d at 1293–94. Lockhart did not obtain

authorization from this Court that would give the district court jurisdiction to

consider a successive habeas petition; therefore, the district court properly denied

Lockhart’s Rule 60(b) motion for lack of jurisdiction.

AFFIRMED.

3
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Unassociated Document


    EXHIBIT
      4(7) 

     

     

    [SEAL
      OF
      THE MINISTRY OF FINANCE]

    MINISTRY
      OF FINANCE 

     

    DIRECTOR
      GENERAL

     

    September
      30, 2008

     

     

    CONSENT
      

     

    Re:
      Registration
      Statement on Schedule B,

    Registering
      U.S.$ 2,625,000,000 Aggregate Principal Amount

    of
      State of Israel Bonds

     

         I,
      Yarom Ariav, Director General of the Ministry of Finance of the State of Israel,
      hereby consent to the reference to the Director General under the caption
“Official Statements” in the Prospectus of the State of Israel included in the
      Registration Statement filed by the State of Israel with the United States
      Securities and Exchange Commission. 

     

     

    


     

     

    /s/
      Yarom
      Ariav                


     

    Yarom
      Ariav

    Director
      General

    Ministry
      of Finance