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

U. S. DISTRICT COURT 

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OFF ICE OF fH · t-LERI{ 

RECEIVED 

MAY 2 5 2023 

CLERK 

U.S. DISTRICT COURT 

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8:23-cv-00221-JFB-PRSE Doc # 4 Filed: 05/25/23 Page 1 of 2 - Page ID # 38
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8:23-cv-00221-JFB-PRSE Doc # 4 Filed: 05/25/23 Page 2 of 2 - Page ID # 39
# Continuation of the Exercise of Certain Authorities Under the Trading With the Enemy Act

# Memorandum for the Secretary of State [and] the Secretary of the Treasury

                    Under section 101(b) of Public Law 95-223 (91 Stat. 1625; 50 U.S.C. App. 5(b) note), and a previous determination on  September 13, 2007 (72                     *FR*                    53409), the exercise of certain authorities under the Trading With the Enemy Act is scheduled to terminate on September 14, 2008.                

I hereby determine that the continuation for 1 year of the exercise of those authorities with respect to Cuba is in the national interest of the United States.

Therefore, consistent with the authority vested in me by section 101(b) of Public Law 95-223, I continue for 1 year, until September 14, 2009, the exercise of those authorities with respect to Cuba as implemented by the Cuban Assets Control Regulations, 31 C.F.R. Part 515.

                    The Secretary of the Treasury is authorized and directed to publish this determination in the                     *Federal Register*.                

[FR Doc. E8-21861

Billing code 4811-33-M
UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

United States of America

v. Criminal No. 06-cr-130-01-JD

Courtney Weston

O R D E R

The assented to motion to reschedule jury trial (document no. 11) filed by defendant is

granted.

Defendants shall file a waiver of speedy trial rights within 10 days. The court finds that the

ends of justice served by granting a continuance outweigh the best interest of the public and the

defendant in a speedy trial, 18 U.S.C. § 3161(h)(8)(B)(iv), for the reasons set forth in the motion.

SO ORDERED.

December 12, 2006 /s/Joseph A. DiClerico, Jr. 

Joseph A. DiClerico, Jr.

United States District Judge

cc: Jeffrey M. Kaye, Esq.

Paul A. Maggiotto, Esq.

Terry Ollila, AUSA

Case 1:06-cr-00130-JD Document 12 Filed 12/12/06 Page 1 of 1
```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1394 Introduced in House (IH)]

107th CONGRESS
  1st Session
                                H. R. 1394

 To increase the maximum amount of defense funds that may be obligated 
 to carry out the National Guard civilian youth opportunities program.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 4, 2001

 Mr. DeFazio introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
 To increase the maximum amount of defense funds that may be obligated 
 to carry out the National Guard civilian youth opportunities program.

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

SECTION 1. FUNDING LIMITATION FOR NATIONAL GUARD YOUTH CHALLENGE 
              PROGRAM.

    Section 509(b)(2)(A) of title 32, United States Code, is amended by 
striking ``$62,500,000'' and inserting ``$110,000,000''.
                                 <all>
```
#### William J. DRIVON, Plaintiff and Appellant, v. Mrs. Alice Messmer SARDINGA, Defendant and Appellee.

No. 16707.

Court of Appeal of Louisiana. Orleans.

Nov. 2, 1937.

Brian & Brian, of New Orleans, for appellant.

Norman R. Tilden, of New Orleans, for appellee.

*664JANVIER, Judge.

For the reasons given in Jeffrey Brown v. Mrs. Alice Messmer Sardinga, 176 So. 662, this day decided, the judgment appealed from is affirmed at the cost of appellant.

Affirmed.
UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

H & F Aviation, Inc., and

Joseph L. Frisolone,

Plaintiffs

v. Civil No. 06-cv-135-SM

Keyson Enterprises, Inc.,

Keyson Airways Corporation,

Holly Frenzel, and Barbara Krivsky,

Defendants

O R D E R

A pretrial status conference was held on July 9, 2007. 

R. Matthew Cairns, Esq., appeared on behalf of the plaintiffs and

Arnold Rosenblatt, Esq., appeared on behalf of Defendant Holly

Frenzel. Defendants Keyson Enterprises, Inc., Keyson Airways

Corporation, and the Estate of William Krivsky (the “Keyson

Defendants”), did not appear, and have not had counsel enter an

appearance as previously directed by the court, subjecting them

to entry of default.

Plaintiffs’ counsel advised that a potential settlement with

the Keyson defendants is in the offing, but, given the current

status of the docket, will consider filing a motion for entry of

default.

Case 1:06-cv-00135-SM Document 84 Filed 07/10/07 Page 1 of 3
2

Defense counsel for Frenzel noted that the litigation

posture of this case changed substantially when her father,

William Krivsky, died. The business defendants are closely held

corporations, and, under Krivsky’s control, Frenzel had reason to

anticipate full indemnification for any individual liability she

might have in this case, and, control of the litigation

(including her own personal defense) was directed by the Keyson

defendants and handled by the law firm of Wiggin & Nourie, P.A. 

Now, all that has changed. Wiggin & Nourie withdrew based upon

potential conflicts that arose after Krivsky’s death, and Frenzel

has retained her own legal counsel, who understandably requests a

reasonable accommodation to permit a defense specifically

tailored for Frenzel.

Plaintiffs and Defendant Frenzel agreed to continue the

trial of this matter, anticipating that a settlement may be

reached with the Keyson defendants (or, possibly, default

judgment entered). The court granted that motion, and

established the following schedule.

Trial: December 4, 2007

Deposition of Messrs.

 Frizolone and Mahoney: Before August 31, 2007

Case 1:06-cv-00135-SM Document 84 Filed 07/10/07 Page 2 of 3
3

Discovery Close as to

 Defendant Frenzel: October 30, 2007

(Discovery is Complete as

 to the Keyson Defendants)

Defendant Frenzel’s

 Disclosure of Expert Reports: September 15, 2007

Dispositive Motions: Anytime - but if filed close to

trial (after November 1, 2007) the

court will consider the motions as

trial motions for judgment as a

matter of law and rule at trial.

SO ORDERED.

____________________________

Steven J. McAuliffe

Chief Judge

July 10, 2007

cc: Donald C. Mark, Jr., Esq.

Edward E. Beckmann, Esq.

R. Matthew Cairns, Esq.

Marie M. McPartlin, Esq.

Arnold Rosenblatt, Esq.

Case 1:06-cv-00135-SM Document 84 Filed 07/10/07 Page 3 of 3
<PAGE>

Exhibit 32

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                    AND CHIEF FINANCIAL OFFICER PURSUANT TO
                  RULE 13A-14(A) OF THE SECURITIES EXCHANGE ACT
                                     OF 1934


         The undersigned hereby certifies, for the purposes of Section 1350 of
Chapter 63 of Title 18 of the United States Code, as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, in his capacity as an officer of EduLink,
Inc. ("EduLink"), that, to his knowledge, the Quarterly Report of EduLink on
Form 10-Q for the period ended September 30, 2007, fully complies with the
requirements of Section 13(a) of the Securities Exchange Act of 1934 and that
the information contained in such report fairly presents, in all material
respects, the financial condition and results of operation of EduLink. This
written statement is being furnished to the Securities and Exchange Commission
as an exhibit to such Form 10-Q. A signed original of this statement has been
provided to EduLink and will be retained by EduLink and furnished to the
Securities and Exchange Commission or its staff upon request.


   Date: June 5, 2008             By: /s/ Ian Rescigno
                                      --------------------------
                                      IAN RESCIGNO
                                      Chief Executive Officer and
                                      Chief Financial Officer
I

107TH CONGRESS

1ST SESSION H. R. 1239

To establish a moratorium on approval by the Secretary of the Interior

of relinquishment of a lease of certain tribal lands in California.

IN THE HOUSE OF REPRESENTATIVES

MARCH 27, 2001

Mr. HUNTER (for himself, Mr. CUNNINGHAM, Mr. FILNER, and Mr. ISSA) introduced the following bill; which was referred to the Committee on Resources

A BILL

To establish a moratorium on approval by the Secretary

of the Interior of relinquishment of a lease of certain

tribal lands in California.

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

3 SECTION 1. RESTRICTION ON RELINQUISHMENT OF LEASE.

4 Prior to January 1, 2003, the Secretary of the Inte5 rior shall not approve the relinquishment of any lease en6 tered into for the establishment of a health care facility

7 for the members of 7 Indian tribes or bands in San Diego

8 County, California, unless the Secretary has determined

9 that the relinquishment of such lease has been approved,
2

•HR 1239 IH

1 by tribal resolution, by each of the 7 Indian tribes or

2 bands.

Æ
UNITED STATES DISTRICT COURT FOR THE 

DISTRICT OF NEW HAMPSHIRE

Emilio Encarnacion

v. Civil No. 05-cv-291-JD

United States of America

O R D E R

Emilio Encarnacion, proceeding pro se and in forma pauperis,

has filed a “Writ of Error Audita Querela” under the All Writs

Act, 28 U.S.C. § 1651, seeking review of his sentence in light of

United States v. Booker, 543 U.S. 220 (2005). He acknowledges

both that this is his third collateral challenge to his

conviction and sentence and that Teague v. Lane, 489 U.S. 288

(1989) precludes consideration of Booker retroactively. 

Encarnacion asserts that his “Writ of Error Audita Querela”

permits him to avoid the limitation of Teague.

Encarnacion is mistaken. “Any motion filed in the district

court that imposed the sentence, and substantively within the

scope of § 2255 ¶ 1, is a motion under § 2255, no matter what

title the prisoner plasters on the cover.” United States v.

Lloyd, 398 F.3d 978, 979-80 (7th Cir. 2005). Section 2255

provides the means for a prisoner to bring a claim that his

“sentence was imposed in violation of the Constitution or laws of

the United States, . . . or that the sentence was in excess of

Case 1:05-cv-00291-JD Document 9 Filed 01/06/06 Page 1 of 2
2

the maximum authorized by law, or is otherwise subject to

collateral attack . . . .” Because Encarnacion asserts that his

sentence was imposed in violation of the Constitution, under

Booker, his action is one for a writ of habeas corpus. See

Lloyd, 398 F.3d at 980 (“Call it a motion for a new trial, arrest

of judgment, mandamus, prohibition, coram nobis, coram vobis,

audita querela, certiorari, capias, habeas corpus, ejectment,

quare impedit, bill of review, writ of error, or an application

for a Get-Out-of-Jail Card; the name makes no difference.”). If

his writ were construed as seeking relief under § 2255, it would

be dismissed as a second or successive petition. See Munoz v.

United States, 331 F.3d 151, 152-53 (1st Cir. 2003); see also

United States v. Holt, 417 F.3d 1172, 1175 (11th Cir. 2005).

Conclusion

For the foregoing reasons, the plaintiff’s “Writ of Error

Audita Querela” is dismissed with prejudice. 

SO ORDERED.

Joseph A. DiClerico, Jr.

United States District Judge

January 6, 2006

cc: Emilio Encarnacion, pro se

Case 1:05-cv-00291-JD Document 9 Filed 01/06/06 Page 2 of 2
H. J. Res. 51

One Hundred Seventh Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Wednesday,

the third day of January, two thousand and one

Joint Resolution

Approving the extension of nondiscriminatory treatment with respect to the products

of the Socialist Republic of Vietnam.

Resolved by the Senate and House of Representatives of the

United States of America in Congress assembled, That the Congress

approves the extension of nondiscriminatory treatment with respect

to the products of the Socialist Republic of Vietnam transmitted

by the President to the Congress on June 8, 2001.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                         630,706
<SECURITIES>                                         0
<RECEIVABLES>                               13,418,059
<ALLOWANCES>                                 6,502,614
<INVENTORY>                                     46,943
<CURRENT-ASSETS>                             7,641,184
<PP&E>                                         707,293
<DEPRECIATION>                                 368,279
<TOTAL-ASSETS>                               8,012,181
<CURRENT-LIABILITIES>                       11,276,192
<BONDS>                                        350,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                  5,153,728
<COMMON>                                           490
<OTHER-SE>                                 (8,768,229)
<TOTAL-LIABILITY-AND-EQUITY>                 8,012,181
<SALES>                                      4,588,085
<TOTAL-REVENUES>                             4,588,085
<CGS>                                            6,462
<TOTAL-COSTS>                                4,337,870
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                               155,949
<INTEREST-EXPENSE>                               9,500
<INCOME-PRETAX>                                 78,304
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             78,304
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    78,304
<EPS-PRIMARY>                                     0.03
<EPS-DILUTED>                                     0.01
        

</TABLE>
```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 57 Introduced in House (IH)]

107th CONGRESS
  1st Session
H. J. RES. 57

  Proposing an amendment to the Constitution of the United States to 
     limit the number of terms that a Member of Congress may serve.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 24, 2001

    Mr. Vitter introduced the following joint resolution; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                            JOINT RESOLUTION

 
  Proposing an amendment to the Constitution of the United States to 
     limit the number of terms that a Member of Congress may serve.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled (two-thirds of each House 
concurring therein), That the following article is proposed as an 
amendment to the Constitution of the United States, which shall be 
valid to all intents and purposes as part of the Constitution when 
ratified by the legislatures of three-fourths of the several States:

                              ``Article --

    ``Section 1. No person who has served six terms as a Representative 
shall be eligible for election to the House of Representatives. For 
purposes of this section, the election of a person to fill a vacancy in 
the House of Representatives shall be included as one term in 
determining the number of terms that such person has served as a 
Representative if the person fills the vacancy for more than one year.
    ``Section 2. No person who has served two terms as a Senator shall 
be eligible for election or appointment to the Senate. For purposes of 
this section, the election or appointment of a person to fill a vacancy 
in the Senate shall be included as one term in determining the number 
of terms that such person has served as a Senator if the person fills 
the vacancy for more than three years.
    ``Section 3. No term beginning before the date of the ratification 
of this article shall be taken into account in determining eligibility 
for election or appointment under this article.''.
                                 <all>
```
* 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. IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 01-41030

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOSE LUIS RAMOS,

Defendant-Appellant.

-------------------- Appeal from the United States District Court

for the Southern District of Texas

(L-01-CR-451-ALL)

-------------------- June 14, 2002

Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.

PER CURIAM: *

Defendant-Appellant Jose Luis Ramos appeals his sentence,

which was assessed after he was convicted of possession with intent

to distribute in excess of five kilograms of cocaine. Ramos

contends that the district court erred in denying him an offense

level reduction pursuant to United States Sentencing Guidelines

(U.S.S.G.) § 3B1.2 for his role in the offense. He argues that the

district court applie d its d e facto policy of refusing the2

reduction to drug couriers, and that, in ruling on the reduction,

the court failed to consider the Sentencing Commission’s 2001

amendment to the commentary to U.S.S.G. § 3B1.2.

We review for clear error the sentencing court’s determination

that a defendant did not play a minor role in an offense. U nited4

States v. Zuniga

, 18 F.3d 1254, 1261 (5th Cir. 1994). Here, the

district court found that Ramos played an important role in the

distribution of the cocaine when he attempted to transport a large

quantity of the drug through the border patrol checkpoint. These

factual findings, which were specific to Ramos’s offense, are not

clearly erroneous under either the 2000 or 2001 comm entary to

U.S.S.G. § 3B1.2. See United States v. Marmolejo , 106 F.3d 1213,

1217 (5th Cir. 1997); U.S.S.G. Suppl. to App. C amend. 635; United

States v. Rodriquez De Varon

, 175 F.3d 930, 940-44 (11th Cir.

1999).

Ramos also asserts that 21 U.S.C. § 841 is facially

unconstitutional in light of Apprendi v. New Jersey , 530 U.S. 466

(2000). As Ramos concedes, however, his argument is foreclosed by

circuit precedent. See United States v. Slaughter , 238 F.3d 580,

582 (5th Cir. 2000), cert. denied.

, 532 U.S. 1045 (2001). For the

foregoing reasons, the sentence imposed by the district court is

AFFIRMED.
UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

Mangosoft, Inc. and

Mangosoft Corporation,

Plaintiffs

v. Case No. 02-cv-545-SM

Oracle Corporation,

Defendant 

J U D G M E N T

In accordance with the Orders of Chief Judge Steven J. McAuliffe dated March 14,

2006 and March 28, 2007, judgment is hereby entered.

By the Court,

/s/ Daniel J. Lynch

 Daniel J. Lynch 

 Chief Deputy Clerk

 

March 29, 2007

cc: All Counsel of Record

Case 1:02-cv-00545-SM Document 108 Filed 03/29/07 Page 1 of 1
#### S. J. DYER, H. Gard, Clara L. Boesel, Myrtle C. Harrop, Harry J. Riebe, A. H. Twickler, R. Twickler, J. B. Twickler, Henry A. Marshall, Walter H. Hitz and Walter C. Stork v. MOUNT FOREST FUR FARM, a Michigan Corporation, Lenna B. Bangs, William A. Thorpe, Vincent C. Eggleston, C. M. McGuffie, and a Stockholders' Committee Consisting of Said Individuals and Donald Campbell, Clayton F. Johnson, Dr. Leon Goldsmith, R. D. McNames, Howard C. McClish, Scott G. Ford, J. H. Brace, George R. Allen, and Irwin H. Boesel.

No. 7806.

Circuit Court of Appeals, Sixth Circuit.

*Feb. 18,*1938.

Darden & Brashear, of Detroit, Mich., for appellants.

Anderson, Wilcox, Lacy & Lawson, of Detroit, Mich., for appellees.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.

PER CURIAM.

The above named appellants and appellees having filed herein a stipulation in which they settled all of their differences and agreed upon a determination of this appeal, and the court having considered said stipulation, on motion of both the appellants and appellees, it is ordered that the appeal filed herein be dismissed and the cause remanded, with instructions to proceed in accordance with such stipulation.

Dismissed and remanded.