alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

JAN 19, 2011

JOHN LEY

CLERK

[DO NOT PUBLISH]

 IN THE UNITED STATES COURT OF APPEALS

 FOR THE ELEVENTH CIRCUIT

 ________________________

 No. 10-11873 

Non-Argument Calendar

 ________________________

 D.C. Docket No. 1:07-cv-23034-FAM

VRAIN SCOTT,

lllllllllllllllllllll Petitioner-Appellant,

 versus

DEPARTMENT OF CORRECTIONS STATE OF FLORIDA, 

Walter A. McNeil, Secretary,

ATTORNEY GENERAL OF FLORIDA,

lllllllllllllllllllll Respondents-Appellees.

________________________

 Appeal from the United States District Court

 for the Southern District of Florida

 ________________________

(January 19, 2011)

Before BLACK, PRYOR and ANDERSON, Circuit Judges.

PER CURIAM:

This is the second time we have reviewed the denial of a petition for a writ
of habeas corpus sought by Vrain Scott. 28 U.S.C. § 2254. Scott petitioned for

relief on the ground that a Florida court resentenced him based on a finding of fact

not made by the jury at trial, in violation of Apprendi v. New Jersey, 530 U.S. 466,

120 S. Ct. 2348 (2000). The district court denied Scott’s petition as successive

and untimely, but we vacated that decision and remanded for further proceedings. 

Scott v. Fla. Dep’t of Corr, No. 08-10471 (11th Cir. Jan. 13, 2009). On remand,

the district court ruled that the decision of the state court was not contrary to or an

unreasonable application of federal law. We affirm.

Scott argues that the state court violated his right to a trial by jury by

adjudicating him guilty of robbery with a weapon without a specific finding to that

effect by a jury, but this argument fails. Under the Florida statute, a defendant is

guilty of robbery in the first degree whether he “carried a firearm or other deadly

weapon,” Fla. Stat. § 813.12(2)(a), or “carried a weapon,” id. § 813.12(2)(b). The

jury found Scott guilty of “armed robbery,” but the jury did not make a special

finding that he carried a firearm. After collateral review, Scott was resentenced as

guilty of robbery with a weapon instead of robbery with a firearm. See Mashburn

v. State, 745 So. 2d 453, 454 (Fla. Dist. Ct. App. 1999). We will not review how

the state courts reconciles the robbery statute and jury verdicts. See Marshall v.

Sec., Fla. Dep’t of Corr., 610 F.3d 576, 583 (11th Cir. 2010) (“‘[F]ederal courts do

2
not sit to revisit a state supreme court’s judgment as to whether the trial court

complied with state law.’” (quoting Bolender v. Singletary, 16 F.3d 1547, 1570

(11th Cir. 1994)).

The district court correctly denied Scott habeas relief because the state court

reasonably concluded that Scott’s sentence did not violate Apprendi. The

Supreme Court held in Apprendi that “[o]ther than the fact of a prior conviction,

any fact that increases the penalty for a crime beyond the prescribed statutory

maximum must be submitted to a jury, and proved beyond a reasonable doubt.” 

530 U.S. at 490, 120 S. Ct. at 2362–63. The state court reasonably relied on the

verdict of the jury that Scott committed armed robbery to adjudicate Scott guilty of

robbery with a weapon.

We AFFIRM the denial of Scott’s petition.

3
<TABLE> <S> <C>

<ARTICLE> 7
<LEGEND>
This schedule contains summary financial information from the Nationwide Life
Insurance Company and Subsidiaries consolidated financial statements and is
qualified in its entirety by reference to such consolidated financial
statements.
</LEGEND>
<RESTATED> 
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1994
<PERIOD-END>                               DEC-31-1994
<DEBT-HELD-FOR-SALE>                         7,074,261
<DEBT-CARRYING-VALUE>                        3,309,034
<DEBT-MARKET-VALUE>                          3,233,408
<EQUITIES>                                      24,127
<MORTGAGE>                                   4,056,016
<REAL-ESTATE>                                  242,243
<TOTAL-INVEST>                              15,184,304
<CASH>                                           3,623
<RECOVER-REINSURE>                                   0
<DEFERRED-ACQUISITION>                         995,560
<TOTAL-ASSETS>                              29,246,024
<POLICY-LOSSES>                             14,673,584
<UNEARNED-PREMIUMS>                                  0
<POLICY-OTHER>                                 335,388
<POLICY-HOLDER-FUNDS>                           63,763
<NOTES-PAYABLE>                                      0
<COMMON>                                         3,815
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                   1,864,663
<TOTAL-LIABILITY-AND-EQUITY>                29,246,024
<PREMIUMS>                                     176,658
<INVESTMENT-INCOME>                          1,210,811
<INVESTMENT-GAINS>                            (16,527)
<OTHER-INCOME>                                  11,312
<BENEFITS>                                     992,667
<UNDERWRITING-AMORTIZATION>                     85,568
<UNDERWRITING-OTHER>                           240,652
<INCOME-PRETAX>                                241,858
<INCOME-TAX>                                    78,589
<INCOME-CONTINUING>                            163,269
<DISCONTINUED>                                  20,459
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   183,728
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<RESERVE-OPEN>                                       0
<PROVISION-CURRENT>                                  0
<PROVISION-PRIOR>                                    0
<PAYMENTS-CURRENT>                                   0
<PAYMENTS-PRIOR>                                     0
<RESERVE-CLOSE>                                      0
<CUMULATIVE-DEFICIENCY>                              0
        

</TABLE>
Case 1:07-cv-05710-RJH Document 59 Filed 08/07/2007 Page 1 of 1
Off-campus Delivery of NFA-Sponsored Courses

(N-coded courses) 

Within 3-7 days of delivery, please scan and email this 

completed form and a letter-graded roster, graded exams and

applications (if applicable) to: 

fema-nfa-outreachtraining@fema.dhs.gov

National Fire Academy (NFA) sponsored (NFA provides instructors and materials)

6-day (N coded)

Course code and title: 

Course start date:

Course end date:

Dates of course:

Course length (hours/days):

Delivery site (city/state):

Instructor name:

Number of students:

Point of contact/phone no.: 

Point of contact email:

Instructors: Please ensure that all applications contain the following:

• FEMA Student Identification (SID) number. This number is required in order

for the application to be entered. Failure to provide this number may result

in the student not receiving credit for the course. If the student needs

assistance, please have them contact the SID HelpDesk at

femasidhelpdesk@cdpemail.dhs.gov or by calling 866-291-0696.

• Email address. The student’s email is required because certificates are

emailed directly to the student after the application has been entered in the

admissions database.

Admissions Use Only

Date applications received:
# Index of Worksheets

https://www.usfa.fema.gov/downloads/pdf/statistics/national_estimate_methodology.pdfhttps://www.usfa.fema.gov/downloads/pdf/statistics/national_estimate_methodology.pdf

# Res Bldg Est 2003-2021

# Res Bldg Prop Typ Est 2003-2021

# Res Bldg Fire Est by Cause

# Res Bld Fire Death Est by Cause

# Res Bld Fire Inj Est by Cause

# Res Bld Fire Dollr Est by Cause

# Nonres Bldg Est 2003-2021

# Nonres Prop Type Est 2003-2021

# Nonres Bldg Fire Est by Cause

# Nonres Fire Dollr Loss by Cause

# Structure Fire Cause Categories

https://www.usfa.fema.gov/downloads/pdf/nfirs/nfirs_data_analysis_guidelines_issues.pdf
#### In the Matter of Leslie M. Leone, Petitioner, v Donald N. Silverman, Respondent.

Proceeding pursuant to CPLR article 78 to review a determination of the County Court, Westchester County (Silverman, J.), dated November 9, 1988, which revoked the petitioner’s pistol license.

Adjudged that the petition is granted, the determination is annulled and the pistol license is reinstated, without costs or disbursements.

The petitioner’s application for a pistol permit was granted by a Judge of the County Court in 1986. In 1988, he applied for permission to amend the license by adding another weapon to the license. The application to amend was denied by a *863different Judge of the same court. Subsequently the latter Judge, upon an application by the County Attorney, revoked the petitioner’s license to carry a weapon.

The court which originally granted the petitioner’s application had before it the same information as did the court which subsequently revoked the license, and nevertheless determined that no good cause existed for the denial of the license application *(see,*Penal Law § 400.00). There was no showing that the petitioner did not make a full disclosure on his original application *(see, Matter of Willis v Treder,*127 AD2d 667, *lv denied*69 NY2d 611). Nor is there, in the present record, any evidence of acts by the petitioner subsequent to the granting of the license demonstrating that he is currently unfit to carry a pistol *(see, Matter of Goldberg v Edelstein,*100 AD2d 968). Accordingly, it was an improvident exercise of discretion for the second Judge, in effect, to overrule the first Judge by revoking the petitioner’s license *(see, Matter of Wright v County of Monroe,*45 AD2d 932). Brown, J. P., Kooper, Harwood and Rosenblatt, JJ., concur.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6357 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6357

To amend the Internal Revenue Code of 1986 to exclude from gross income 
  discharge of indebtedness incurred for purposes of paying long-term 
                             care expenses.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 29, 2010

Ms. Zoe Lofgren of California introduced the following bill; which was 
              referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
To amend the Internal Revenue Code of 1986 to exclude from gross income 
  discharge of indebtedness incurred for purposes of paying long-term 
                             care expenses.

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

SECTION 1. CANCELLATION OF INDEBTEDNESS INCURRED FOR PAYING LONG-TERM 
              CARE EXPENSES.

    (a) In General.--Paragraph (2) of section 108(h) of the Internal 
Revenue Code of 1986 (defining qualified principal residence 
indebtedness) is amended--
            (1) by striking the period at the end and inserting ``, 
        and'',
            (2) by striking ``means acquisition indebtedness'' and 
        inserting the following: ``means--
                    ``(A) acquisition indebtedness'', and
            (3) by adding at the end the following new subparagraph:
                    ``(B) home equity indebtedness (as defined in 
                section 163(h)(3)(C))--
                            ``(i) incurred in connection with paying 
                        for qualified long-term care services (as 
                        defined in section 7702B(c)) of the taxpayer, 
                        and
                            ``(ii) to the extent the aggregate amount 
                        of such indebtedness does not exceed the amount 
                        paid by the taxpayer for such long-term care 
                        services.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to discharges of indebtedness on or after January 1, 2011.
                                 <all>
```
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 98-40491

Summary Calendar

 

DAVID KATES,

Plaintiff-Appellant,

versus

JAMES ANDY COLLINS; S.O. WOODS;

J. NEMACHECK, Doctor; 

N. DIAM, Doctor,

Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

USDC No. G-93-CV-362

- - - - - - - - - -

February 15, 1999

Before DAVIS, DUHE’, and PARKER, Circuit Judges.

PER CURIAM:*

David Eugene Kates, Texas state prisoner # 335199, has

appealed the district court’s grant of summary judgment to the

defendants in his civil rights action, 42 U.S.C. § 1983. 

Kates contends that the district court reversibly erred

because there are genuine issues of material fact concerning his

claim that prison officials and employees denied him adequate
No. 98-40491

-2-

medical treatment during the relevant three-month period in 1993. 

We AFFIRM, substantially for the reasons stated in the district

court’s comprehensive opinion. Kates v. Collins, No. G-93-CV-362

(S.D. Tex. March 24, 1998) (unpublished). 

JUDGMENT AFFIRMED.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6395 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6395

 To amend the Alaska Natural Gas Pipeline Act with respect to certain 
       requirements for construction job training program grants.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 29, 2010

 Mr. Young of Alaska introduced the following bill; which was referred 
         to the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL

 
 To amend the Alaska Natural Gas Pipeline Act with respect to certain 
       requirements for construction job training program grants.

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

SECTION 1. ALASKA PIPELINE CONSTRUCTION TRAINING PROGRAM.

    Section 113 of the Alaska Natural Gas Pipeline Act (15 U.S.C. 720k) 
is amended by striking subsection (b) and redesignating subsection (c) 
as subsection (b).
                                 <all>
```
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.                  

###### Federal Reserve System

# AGENCY HOLDING THE MEETING:

Board of Governors of the Federal Reserve System Federal Register Citation of Previous Announcement: Unavailable. 

# PREVIOUSLY ANNOUNCED TIME AND DATE OF THE MEETING:

3 p.m., Wednesday, May 2, 2001. 

                        Changes in the Meeting:                         *The following open item has been moved to the Summary Agenda:*                         (Because of its routine nature, no discussion of the item is anticipated. This matter will be voted on without discussion unless a member of the Board requests that the item be moved to the discussion item.)                     

Proposed final rule granting certain exemptions from section 23A of the Federal Reserve Act. (Proposed earlier for public comment; Docket Numbers R-1015 and R-1016) 

# CONTACT PERSON FOR MORE INFORMATION:

Michelle A. Smith, Assistant to the Board; 202-452-3204. 

# SUPPLEMENTARY INFORMATION:

                    You may call 202-452-3206 for a recorded announcement of this meeting; or you may contact the Board's Web site at                     *http://www.federalreserve.gov*                     for an electronic announcement. (The Web site also includes procedural and other information about the open meeting.)                 

Dated: April 25, 2001. 

Jennifer J. Johnson, 

Secretary of the Board. 

[FR Doc. 01-10758 Filed 4-26-01; 10:18 am] 

BILLING CODE 6210-01-P
Exhibit 21.1
 Subsidiaries of Emageon Inc.
 Percentage ofState or Other
    
    VotingJurisdiction
    
    Securities OwnedName
    
    Of Incorporation
    
    By ParentUltravisual Medical Systems Corporation
    
    Delaware
    
    
    100
    %Camtronics Medical
Systems, Ltd.
    
    Wisconsin
    
    
    100
    %Emageon Canada Inc.
    
    Canada
    
    
    100
    %Camtronics Foreign Sales
Corporation, Inc.
    
    US Virgin Islands
    
    
    100
    %
Seguridad contra 

incendios en los 

hoteles y moteles

¿Sabía usted? 

La seguridad contra incendios es importante, aun cuando esté 

de viaje.

Proteja a su familia al quedarse en hoteles y moteles con detectores de 

humo con una conexión alámbrica de instalación permanente y un sistema 

automático de rociadores contra incendios en cada habitación de huéspedes. 

Luego de registrarse en el hotel, usted y su familia deben: 

o Leer con detenimiento el plan de evacuación en caso 

de incendio. 

o Buscar las dos salidas más cercanas desde su 

habitación. 

o Contar el número de puertas entre su habitación y 

las salidas. Esto le ayudará a encontrar la salida en la 

oscuridad. 

o Buscar los detectores de incendios en su piso.

Consulte la lista de hoteles y moteles para encontrar hospedaje para usted y 

su familia. 

Para obtener más información y recursos gratis sobre la seguridad 

contra incendios, visite www.usfa.fema.gov.
<PAGE> 1



                             LIST OF SUBSIDIARIES





<PAGE> 2

                                                                 EXHIBIT 21



                        GRAYBAR ELECTRIC COMPANY, INC.


                              List of Subsidiaries
                              --------------------


Graybar Foreign Sales Corporation, a Barbados corporation.

Graybar International, Inc., a Missouri corporation doing
      business in the territory of Puerto Rico.

Graybar Financial Services, Inc., a Missouri corporation.

Graybar Electric de Mexico, S.A. de C.V., a Mexican corporation.

Graybar Electric Limited, a Canadian corporation.

Graybar Foundation, Inc., a Missouri corporation.

Graybar Services, Inc., an Illinois corporation.

Distribution Associates, Inc., a Missouri corporation.

Graybar Electric (Ontario) Limited, a Canadian corporation

Graybar Holdings Limited, a Canadian corporation.

Graybar-P&M International PTE LTD, a Singapore corporation.
<PAGE>



                                               Exhibit 32.1

                  CERTIFICATION PURSUANT TO

                   18 U.S.C. SECTION 1350,

                   AS ADOPTED PURSUANT TO

        SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


     I, Robert A. Reynolds, Jr., President and Principal Executive
Officer of Graybar Electric Company, Inc. ("the Company"), certify,
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C.
Section 1350, that:

     (1)   The Annual Report on Form 10-K of the Company for the
           annual period ended December 31, 2004 (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 operations of the Company.









/s/ Robert A. Reynolds, Jr.
---------------------------
Robert A. Reynolds, Jr.
President and Principal Executive Officer


March 28, 2005
Exhibit 10.8





 


 


AMENDMENT TO


AMENDED AND RESTATED
PRODUCT SALE AND MARKETING AGREEMENT


 


 


THIS
AMENDMENT TO THE AMENDED AND RESTATED PRODUCT SALE AND MARKETING AGREEMENT (this “Amendment”) is made this
30th day of October 2019 (the “Amendment Effective Date”), by and between Calm.com, Inc., a Delaware corporation,
having offices at 77 Geary Street, 3rd Floor, San Francisco, California 94108 (“Calm”) and XpresSpa Group,
Inc., a Delaware corporation, having offices at 254 West 31st Street, 11th Floor, New York, NY 10001 (“XSPA”).
Each of Calm and XSPA may be referred to herein individually as a “Party” and collectively as the “Parties”.


 


RECITALS


 


WHEREAS,
the Parties entered into that certain Amended and Restated Product Sale and Marketing Agreement, dated as of July 8, 2019 (the
“Amended and Restated Agreement”);


 


WHEREAS,
the Parties desire to add additional Calm branded products to list of Products as set forth in Exhibit A of the Amended
and Restated Agreement;


 


 


NOW
THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the Parties agree as follows:


 


1.     PRODUCTS.
Exhibit A of the Amended and Restated Agreement is hereby deleted in its entirety and replaced with the new Exhibit A set forth
in Schedule I.


 


2.     TERM
MEANINGS. Any term that is not defined in this Amendment shall have the meaning provided in the Amended and Restated Agreement.


 


3.
     EFFECT OF AMENDMENT. All terms and conditions of the Amended and Restated Agreement, as amended by this Amendment, shall remain
in full force and effect, unless expressly modified and amended hereby. In the event of any inconsistency or conflict between
the terms and conditions of this Amendment and the Amended and Restated Agreement, the terms and conditions of this Amendment
shall prevail.


 






     


     


    

 





IN WITNESS WHEREOF, this Amendment is effective as of the Amendment
Effective Date.





 


 








	COMPANY: Calm.com, Inc.



	 	Performer: XpresSpa Group, Inc.
	 	 	 
	 	 	 
	 	 	 
	By:   /s/ Casey McKerchie           	 	By:   /s/ Doug Satzman             
	 	 	 
	Name:    Casey McKerchie           	 	Name:   Doug Satzman              
	 	 	 
	Title:      VP Operations                 	 	Title:     CEO                                
	 	 	 
	Date:      10/30/2019                        



	 	Date:     10/30/2019                     
	 	 	 
	 	 	 



 






     


     


    

 





SCHEDULE I





 


 


 


EXHIBIT A


 


Products


  


 


		Product	Retail Price
	1	Sleep Mist	$19.00
	2	Calm Book	$19.00
	3	Calm Neck Pillow	TBD
	4	Calm Branded Gravity Travel Blanket	$175.00
	5	Calm Branded Gravity Eye Mask	$40.00
	6	TBD	TBD
	7	TBD	TBD
	8	TBD	TBD