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

111TH CONGRESS 

1ST SESSION H. R. 934 

To convey certain submerged lands to the Commonwealth of the Northern 

Mariana Islands in order to give that territory the same benefits in 

its submerged lands as Guam, the Virgin Islands, and American Samoa 

have in their submerged lands. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 10, 2009 

Mr. SABLAN (for himself, Mr. FLAKE, and Ms. BORDALLO) introduced the 

following bill; which was referred to the Committee on Natural Resources 

A BILL 

To convey certain submerged lands to the Commonwealth 

of the Northern Mariana Islands in order to give that 

territory the same benefits in its submerged lands as 

Guam, the Virgin Islands, and American Samoa have 

in their submerged lands. 

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

3 SECTION 1. CONVEYANCE OF CERTAIN SUBMERGED LANDS 

4 TO THE COMMONWEALTH OF THE NORTHERN 

5 MARIANA ISLANDS. 

6 The first section of Public Law 93–435 (48 U.S.C. 

7 1705) is amended— 


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2 

•HR 934 IH

1 (1) in the second sentence of subsection (b), by 

2 inserting ‘‘the Commonwealth of the Northern Mar3 iana Islands,’’ after ‘‘Guam,’’ each place it appears; 

4 and 

5 (2) by adding at the end the following: 

6 ‘‘(e)(1) Subject to valid existing rights, all right, title, 

7 and interest of the United States in lands permanently 

8 or periodically covered by tidal waters up to but not above 

9 the line of mean high tide and seaward to a line 3 geo10 graphical miles distant from the coastline of the territory 

11 of the Commonwealth of the Northern Mariana Islands 

12 (as modified before, on, or after the date of enactment 

13 of this subsection by accretion, erosion, or reliction, or in 

14 artificially made, filled in, or reclaimed lands that were 

15 formerly permanently or periodically covered by tidal wa16 ters) are conveyed to the Government of the Common17 wealth of the Northern Mariana Islands to be adminis18 tered in trust for the benefit of the people of the Common19 wealth of the Northern Mariana Islands. 

20 ‘‘(2) The conveyance shall be subject to subsections 

21 (b), (c), and (d) except that each reference to the ‘date 

22 of enactment of this Act’ in those clauses shall (for the 

23 purposes of this subsection) be considered to be a ref24 erence to the date of enactment of this subsection.’’. 


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3 

•HR 934 IH

1 SEC. 2. APPLICATION OF PUBLIC LAW 93–435. 

2 Public Law 93–435 (48 U.S.C. 1705 et seq.) is 

3 amended by adding at the end the following new section: 

4 ‘‘SEC. 7. CONSISTENT APPLICATION. 

5 ‘‘This Act is intended to be applied in a consistent 

6 manner to Guam, the Virgin Islands, American Samoa, 

7 and the Commonwealth of the Northern Mariana Islands, 

8 except to the extent that there is a specific and express 

9 exception in this Act regarding its application to one or 

10 more of these territories.’’. 

Æ 


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#### UNITED STATES of America, Plaintiff-Appellee, v. Pedro VELASQUEZ-MORENO, also known as Rogelio Robles Vasquez, also known as Pedro Velasquez Moreno, also known as Padro Valisquas, also known as Eleno Escobedo Miranda, Defendant-Appellant.

No. 05-10838

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

June 9, 2006.

Charles William Brown, U.S. Attorney’s Office, Northern District of Texas, Dallas, TX, Mark L. Nichols, Assistant U.S. Attorney, U.S. Attorney’s Office, Northern District of Texas, Fort Worth, TX, for Plaintiff-Appellee.

Leigh Warren Davis, Fort Worth, TX, for Defendant-Appellant.

Before BARKSDALE, STEWART and CLEMENT, Circuit Judge.

PER CURIAM: *

Pedro Velasquez-Moreno appeals the sentence imposed following his guilty-plea conviction for illegal reentry into the United States after deportation in violation of 8 U.S.C. § 1326(a) and (b)(2). He argues that the district court’s upward departure was erroneous because he had the minimum number of criminal history points for Criminal History Category VI and he had not committed an offense since 1995. He also argues that the district court’s upward departure was excessive, that the district court did not move incrementally down the sentencing table, and that the district court did not adequately explain how it arrived at the sentence.

Velasquez-Moreno had an offense level of 21, a criminal history category of VI, and a Guidelines range of 77 to 96 months. The district court departed upward to an offense level of 27 and imposed a sentence of 156 months. The district court explained that its upward departure was based on Velasquez-Moreno’s extensive criminal history, his very high likelihood of recidivism, the need to promote respect for the law, the need to deter future criminal conduct, and the need to protect the public from further crimes by Velasquez-Moreno. Guided by the factors in 18 U.S.C. § 3553(a), we conclude that there is no *439reversible error and that the district court’s sentence was reasonable for the reasons stated by the district court. *See United States v. Simkanin,*420 F.3d 397, 416 (5th Cir.2005), *petition for cert. filed*(Jan. 25, 2006)(No. 05-948); *United States v. Smith,*417 F.3d 483, 489-90 (5th Cir.), *cert. denied,*— U.S.-, 126 S.Ct. 713, 163 L.Ed.2d 543 (2005).

Velasquez-Moreno also argues that his sentence should be vacated because *Apprendi v. New Jersey,*530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), implicitly overruled *Almendarez-Torres v. United States,*523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). He concedes that his argument is foreclosed by *AlmendarezTorres.*We must follow the precedent in *Almendarez-Torres*“unless and until the Supreme Court itself determines to overrule it.” *United States v. Garza-Lopez,*410 F.3d 268, 276 (5th Cir.), *cert. denied,*— U.S. ——, 126 S.Ct. 298, 163 L.Ed.2d 260 (2005).

AFFIRMED.

*

 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.
#### Gurjit SINGH, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

No. 04-74795.

United States Court of Appeals, Ninth Circuit.

Submitted June 12, 2006.*

Filed June 16, 2006.

Gurjit Singh, Fremont, CA, pro se.

Ronald E. LeFevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, John C. Cunningham, Esq., Luis E. Perez, Esq., C. Alexander Hewes, Jr., U.S. Department of Justice, Washington, DC, for Respondent.

Before: KLEINFELD, PAEZ and BERZON, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Gurjit Singh, a native and citizen of India, petitions pro se for review of an order of the Board of Immigration Appeals (“BIA”) denying his motion to reissue its May 29, 2002 order summarily affirming an immigration judge’s order denying his applications for asylum, withholding of removal and protection under the Convention Against Torture. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252. We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying the motion to reissue its decision. Singh failed to submit any evidence showing non-receipt of the BIA’s May 29, 2002 decision.

To the extent Singh challenges the BIA’s May 29, 2002 decision, we lack jurisdiction because the instant petition for review is not timely as to that order. *See Martinez-Serrano v. INS,*94 F.3d 1256, 1258 (9th Cir.1996).

*662PETITION FOR REVIEW DENIED in part; DISMISSED in part.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
IB 

Union Calendar No. 93 

111TH CONGRESS 

1ST SESSION H. R. 934 

[Report No. 111–176] 

To convey certain submerged lands to the Commonwealth of the Northern 

Mariana Islands in order to give that territory the same benefits in 

its submerged lands as Guam, the Virgin Islands, and American Samoa 

have in their submerged lands. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 10, 2009 

Mr. SABLAN (for himself, Mr. FLAKE, and Ms. BORDALLO) introduced the 

following bill; which was referred to the Committee on Natural Resources 

JUNE 23, 2009 

Additional sponsors: Mr. FALEOMAVAEGA, Mr. PIERLUISI, Mr. RAHALL, Mrs. 

CHRISTENSEN, Mr. ABERCROMBIE, Mr. PALLONE, Mr. BACA, Mr. YOUNG

of Alaska, Mr. GEORGE MILLER of California, Mrs. NAPOLITANO, Mr. 

CAO, Mrs. CAPPS, Mr. AL GREEN of Texas, Ms. LEE of California, Ms. 

HIRONO, Mr. HONDA, Mr. SCOTT of Virginia, Mr. RODRIGUEZ, Mr. 

LUJA ́N, Mr. GRIJALVA, Mr. GRAYSON, Ms. WATSON, Mr. KILDEE, Mr. 

ROONEY, and Mr. GUTIERREZ

JUNE 23, 2009 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on February 10, 2009] 

A BILL 

To convey certain submerged lands to the Commonwealth 


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2 

•HR 934 RH

of the Northern Mariana Islands in order to give that 

territory the same benefits in its submerged lands as 

Guam, the Virgin Islands, and American Samoa have 

in their submerged lands. 

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

3 SECTION 1. CONVEYANCE OF CERTAIN SUBMERGED LANDS 

4 TO THE COMMONWEALTH OF THE NORTHERN 

5 MARIANA ISLANDS. 

6 (a) IN GENERAL.—The first section of Public Law 93– 

7 435 (48 U.S.C. 1705) is amended by inserting ‘‘the Com8 monwealth of the Northern Mariana Islands,’’ after 

9 ‘‘Guam,’’ each place it appears. 

10 (b) REFERENCES TO DATE OF ENACTMENT.—For the 

11 purposes of the amendment made by subsection (a), each 

12 reference in Public Law 93–435 (48 U.S.C. 1705) to the 

13 ‘‘date of enactment’’ shall be considered to be a reference 

14 to the date of the enactment of this section. 

15 (c) Nothing in this section amends, repeals, or other16 wise alters the Proclamation of the President dated Janu17 ary 6, 2009, establishing the Marianas Trench Marine Na18 tional Monument. 


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Union Calendar No. 93 

111TH CONGRESS 

1ST SESSION H. R. 934 

[Report No. 111–176] 

A BILL 

To convey certain submerged lands to the CommonAmerican Samoa have in their submerged lands. merged lands as Guam, the Virgin Islands, and to give that territory the same benefits in its sub- wealth of the Northern Mariana Islands in order 

JUNE 23, 2009 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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---

Exhibit 32.1

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, Ken Liebscher, hereby certifies, pursuant to
18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that:

|(1) | the quarterly report on Form 10-Q of Sierra Ventures,
      Inc. for the period ended November 30, 2009 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 Form 10-Q fairly
      presents, in all material respects, the financial condition and results of
      operations of Sierra Ventures, Inc.                                                  

Dated: January 13, 2010

/s/ Ken Liebscher Ken
Liebscher President, Chief Executive Officer (Principal Executive
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 Sierra Ventures,
Inc. and will be retained by Sierra Ventures, Inc. and furnished to the
Securities and Exchange Commission or its staff upon request.

---
Exhibit 31.2  Section 302 Certification of Chief Financial Officer   I, Eduard Korsinsky, certify that:  1. I have reviewed this quarterly report on Form 10-Q of Green Mountain Recovery, Inc.  2. Based on my knowledge, this quarterly report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this quarterly report;  3. Based on my knowledge, the financial statements, and other financial information included in this quarterly report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this quarterly report;  4. I am responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:  a) designed such disclosure controls and procedures to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to me by others within those entities, particularly during the period in which this quarterly report is being prepared;  b) evaluated the effectiveness of the registrants disclosure controls and procedures as of a date within 90 days prior to the filing date of this quarterly report (the Evaluation Date); and  c) presented in this quarterly report my conclusions about the effectiveness of the disclosure controls and procedures based on my evaluation as of the Evaluation Date;  5. I have disclosed, based on my most recent evaluation, to the registrants auditors and the audit committee of registrants board of directors (or persons performing the equivalent functions):  a) all significant deficiencies in the design or operation of internal controls which could adversely affect the registrants ability to record, process, summarize and report financial data and have identified for the registrants auditors any material weaknesses in internal controls; and  b) any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal controls  6. I have indicated in this quarterly report whether or not there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to the date of my most recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses.  Date: May 12, 2009  /s/ Eduard Korsinsky Eduard Korsinsky Title: Secretary and Chief Financial Officer
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**Exhibit 31.1****CERTIFICATION OF CHIEF EXECUTIVE OFFICER**I, Erik Olsson, certify that:1. I have reviewed this quarterly report on Form 10-Q of RSC HoldingsIII, LLC and RSC Equipment Rental, Inc.; 2. Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material factnecessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respect tothe period covered by this report; 3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all materialrespects the financial condition, results of operations and cash flowsof the registrant as of, and for, the periods presented in thisreport; 4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for theregistrant and have: a) Designed such disclosure controls and procedures, orcaused such disclosure controls and procedures to bedesigned under our supervision, to ensure thatmaterial information relating to the registrant,including its consolidated subsidiaries, is made knownto us by others within those entities, particularlyduring the period in which this report is beingprepared;  b) [Not Applicable]  c) Evaluated the effectiveness of the registrant’sdisclosure controls and procedures and presented inthis report our conclusions about the effectiveness ofthe disclosure controls and procedures, as of the endof the period covered by this report based on suchevaluation; and  d) Disclosed in this report any change in theregistrant’s internal control over financial reportingthat occurred during the registrant’s most recentfiscal quarter (the registrant’s fourth fiscal quarterin the case of an annual report) that has materiallyaffected, or is reasonably likely to materiallyaffect, the registrant’s internal control overfinancial reporting; and5. The registrant’s other certifying officer and I have disclosed, basedon our most recent evaluation of internal control over financialreporting, to the registrant’s auditors and the audit committee ofregistrant’s board of directors (or persons performing the equivalentfunctions): a) All significant deficiencies and material weaknessesin the design or operation of internal control overfinancial reporting which are reasonably likely toadversely affect the registrant’s ability to record,process, summarize and report financial information;and  b) Any fraud, whether or not material, that involvesmanagement or other employees who have a significantrole in the registrant’s internal control overfinancial reporting.Date: October 31, 2007         /s/ Erik Olsson   Erik Olsson   President andChief Executive Officer(Principal Executive Officer)
# C_2010278EN.01001101.xml

| 15.10.2010 | EN | Official Journal of the European Union | C 278/11 |
| --- | --- | --- | --- |

15.10.2010

EN

Official Journal of the European Union

C 278/11

---

Opinion of the Advisory Committee on restrictive agreements and dominant position at its meeting of 9 July 2010 concerning a draft decision relating to Case COMP/39.596 — British Airways/American Airlines/Iberia (BA/AA/IB)

Rapporteur: Austria

2010/C 278/07

| 1. | The Advisory Committee shares the Commission's concerns expressed in its draft decision as communicated to the Advisory Committee on 25 June 2010 under Article 101 of the Treaty on the Functioning of the European Union (‘TFEU’) and Article 53 of the EEA Agreement. |
| --- | --- |

1.

The Advisory Committee shares the Commission's concerns expressed in its draft decision as communicated to the Advisory Committee on 25 June 2010 under Article 101 of the Treaty on the Functioning of the European Union (‘TFEU’) and Article 53 of the EEA Agreement.

| 2. | The Advisory Committee agrees with the Commission that the proceedings can be concluded by means of a decision pursuant to Article 9(1) of Regulation (EC) No 1/2003. |
| --- | --- |

2.

The Advisory Committee agrees with the Commission that the proceedings can be concluded by means of a decision pursuant to Article 9(1) of Regulation (EC) No 1/2003.

| 3. | The Advisory Committee agrees with the Commission that the commitments offered by British Airways, American Airlines and Iberia are suitable, necessary and proportionate. |
| --- | --- |

3.

The Advisory Committee agrees with the Commission that the commitments offered by British Airways, American Airlines and Iberia are suitable, necessary and proportionate.

| 4. | The Advisory Committee agrees with the Commission that, in light of the commitments offered by British Airways, American Airlines and Iberia, there are no longer grounds for action by the Commission, without prejudice to Article 9(2) of Regulation (EC) No 1/2003. |
| --- | --- |

4.

The Advisory Committee agrees with the Commission that, in light of the commitments offered by British Airways, American Airlines and Iberia, there are no longer grounds for action by the Commission, without prejudice to Article 9(2) of Regulation (EC) No 1/2003.

| 5. | The Advisory Committee asks the Commission to take into account any other points raised during the discussion. |
| --- | --- |

5.

The Advisory Committee asks the Commission to take into account any other points raised during the discussion.

| 6. | The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union. |
| --- | --- |

6.

The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.

Official Journal of the European Union

---