alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

POARCH BAND OF CREEK 

INDIANS

)

)

)

Plaintiff/Counterclaim

Defendants,

)

)

)

vs. ) CIVIL ACTION NO. 15-0277-CG-C

THAD MOORE, JR., in his official 

capacity as Tax Assessor of 

Escambia County, Alabama,

)

)

)

)

)

Defendant/Counterclaim 

Plaintiff,

)

)

)

UNITED STATES OF AMERICA, et

al.,

)

)

)

Counterclaim Defendants. )

ORDER

After due and proper consideration of all issues raised, and a de novo

determination of those portions of the recommendation to which objection is made, the 

recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(l)(B) and dated 

August 10, 2016 is ADOPTED as the opinion of this Court with the following 

exceptions.

The Court does not adopt the recommendation to deny the Plaintiff’s Motion to 

strike Defendant Moore’s affirmative defenses numbered 4 and 5, but rather grants the 

motion to strike defenses 4 and 5 for the reasons set forth in Plaintiff’s Objections (Doc. 

79). The report and recommendation is adopted in all other respects.

Case 1:15-cv-00277-CG-C Document 80 Filed 09/12/16 Page 1 of 2
2

Accordingly, it is hereby ORDERED, ADJUDGED, and DECREED that 

the Motion to Dismiss Counterclaim (Doc. 59) is granted (a) as to the United States 

Department of the Interior; Sally Jewell, Secretary of the DOI; Kevin Washburn, 

Assistant Secretary-Indian Affairs; and the Bureau of Indian Affairs because, as 

conceded by the Counterclaim Plaintiff, they are not necessary Counterclaim 

Defendants in this action; and (b) as to the United States of America pursuant to 

Rule 12(b)(1) of the Federal Rules of Civil Procedure. It is further ORDERED, 

ADJUDGED, and DECREED that the Motion to Dismiss Amended Counterclaims 

and to Strike Certain Affirmative Defenses (Doc. 60) filed by the Poarch Band of 

Creek Indians and tribal council members, Stephanie Bryan, Robert McGhee, David 

Gehman, Arthur Mothershed, Keith Martin, Sandy Hollinger, Garvis Sells, and 

Kevin McGhee, is (a) granted in part to the extent that the Counterclaim Plaintiff’s 

counterclaims against them are dismissed pursuant to Rule 12(b)(1) and that the 

Counterclaim Plaintiff’s affirmative defenses 2, 3, 4, 5, 6, 7, and 8 are stricken; and 

(b) denied in part to the extent that the Counterclaim Plaintiff’s affirmative 

defenses 9, 10, 11, 12 are not stricken.

DONE and ORDERED this 12th day of September, 2016.

/s/ Callie V. S. Granade 

SENIOR UNITED STATES DISTRICT JUDGE

Case 1:15-cv-00277-CG-C Document 80 Filed 09/12/16 Page 2 of 2
[Federal Register Volume 79, Number 247 (Wednesday, December 24, 2014)]
[Notices]
[Page 77460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30213]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD673


Marine Fisheries Advisory Committee

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of open public meetings.

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

SUMMARY: This notice sets forth the schedule and proposed agenda of a 
forthcoming meeting of the Marine Fisheries Advisory Committee (MAFAC). 
The members will discuss and provide advice on issues outlined in the 
agenda below.

DATES: The meeting is scheduled for January 12, 2015, 3-4:30 p.m., 
Eastern Standard Time.

ADDRESSES: Conference call. Public access is available at 1315 East-
West Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Any member of the public wishing to 
attend may contact Heidi Lovett, (301) 427-8004; email: 
<a href="/cdn-cgi/l/email-protection#3f575a565b56115350495a4b4b7f51505e5e11585049"><span class="__cf_email__" data-cfemail="365e535f525f185a5940534242765859575718515940">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The MAFAC was established by the Secretary 
of Commerce (Secretary), and, since 1971, advises the Secretary on all 
living marine resource matters that are the responsibility of the 
Department of Commerce. The charter and other information are located 
online at http://www.nmfs.noaa.gov/ocs/mafac/.

Matters To Be Considered

    The Committee is convening to discuss and finalize recommendations 
on the candidates for the new Climate and Marine Resources Task Force 
and the Aquaculture Task Force for submission to the NOAA Fisheries 
Assistant Administrator. Other administrative matters may be 
considered. This agenda is subject to change.

Special Accommodations

    These meetings are physically accessible to people with 
disabilities. Requests for sign language interpretation or other 
auxiliary aids should be directed to Heidi Lovett, 301-427-8004 by 
January 2, 2015.

    Dated: December 18, 2014.
Paul Doremus,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2014-30213 Filed 12-23-14; 8:45 am]
BILLING CODE 3510-22-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
#### UNITED STATES of America, Plaintiff-Appellee, v. Vernon Morris MARSHALL, Defendant-Appellant.

No. 05-50514.

United States Court of Appeals, Ninth Circuit.

Submitted June 7, 2006.*

Filed June 12, 2006.

Becky S. Walker, Esq., Richard G. Stack, Esq., Office of the U.S. Attorney, Los Angeles, CA, for Plaintiff-Appellee.

Jerry Kaplan, Esq., Kaplan, Kenegos *&*Kadin, Beverly Hills, CA, for Defendants Appellant.

Before: THOMAS and GOULD, Circuit Judges, and SCHWARZER,** Senior District Judge.

*

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

**

 The Honorable William W Schwarzer, Senior United States District Judge for the Northern District of California, sitting by designation.

MEMORANDUM ***

Vernon M. Marshall pleaded guilty to one count of conspiring to prepare false tax returns, 18 U.S.C. § 371, and two counts of aiding and assisting in the preparation of false tax returns, 26 U.S.C. § 7206(2). Marshall argues on appeal that the court’s errors in imposing supervised release conditions rendered his sentence unreasonable. *See United, States v. Plouffe,*436 F.3d 1062, 1063 (9th Cir.2006).

The court’s use of the preponderance of the evidence standard in imposing additional supervised release conditions did not render Marshall’s sentence unreasonable. “We have held that following *United States v. Booker,*district courts should resolve factual disputes at sentencing by applying the preponderance of the evidence standard.” *United States v. Kilby,*443 F.3d 1135, 1140 (9th Cir.2006) (internal citation omitted).

Marshall also argues that the additional supervised release conditions imposed during his *post-Booker*resentencing rendered the sentence “greater than necessary” to comply with 18 U.S.C. § 3553(a). Contrary to the government’s argument, Marshall’s failure to raise this issue in a requested post-hearing filing constitutes only a forfeiture, not a waiver, of his rights. *See United States v. Alferahin,*433 F.3d 1148, 1154 n. 2 (9th Cir.2006). We review the issue for plain error since the lack of specificity in Marshall’s filing request prevents this court from concluding that Marshall knowingly abandoned the argument. *See id.*at 1154.

Reaching the merits, the court did not plainly err in imposing Marshall’s supervised release conditions. Marshall admitted that he had an alcohol problem and his probation officer warned that Marshall would likely face challenges in continuing his recovery upon release. Moreover, given Marshall’s evasive behavior regarding restitution payments, the court reasonably concluded that Marshall might recidivate *579in his income tax-evasion and cash-structuring activities if released without close supervision. Finally, the court stressed the severe effect of Marshall’s fraud upon his community.

AFFIRMED.

***

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
NOTE: This order is nonprecedentiaL 

mniteb ~tate~ Qtourt of §ppeaI~ 

for tbe jfeberaI Qtirmit 

FLORENCIA A. ABIERA, 

Petitioner, 

v. 

OFFICE OF PERSONNEL MANAGEMENT, 

Respondent. 

2011-3193 

Petition for review of the Merit Systems .Protection 

Board in case no. SF0831100609-I-1. 

ON MOTION 

ORDER 

Florencia A. Abiera moves for leave to proceed in forma 

paupens. 

Upon consideration thereof, 

IT Is ORDERED THAT: 

The motion is granted. 
ABIERA v. OPM 

JUL 212011 

Date 

cc: Florencia A. Abiera 

Jeanne E. Davidson, Esq. 

s21 

FOR THE COURT 

lsI Jan Horbaly 

Jan Horbaly 

Clerk 

2 

. FILED u.s. COURT OF APPEALS FOR 

THE FEDERAL CIRCUIT 

JUL 272011 

JAN IWRBALY 

CLERK
Exhibit
      32.1





**CERTIFICATION
      OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C.
      SECTION 1350, AS ADOPTED PURSUANT TO**


SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002





I,
      Benton
      H Wilcoxon, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant
      to
      Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of
      Composite Technology Corporation on Form 10-Q for the period ended December
      31,
      2007 fully complies with the requirements of Section 13(a) or 15(d) of the
      Securities Exchange Act of 1934 and that information contained in such Form
      10-Q
      fairly presents in all material respects the financial condition and results
      of
      operations of Composite Technology Corporation.




*Date:
      February 11, 2008*





*By:*
            */s/
                Benton H Wilcoxon**Benton
                H Wilcoxon*
              *Chief
                  Executive Officer*
#### The People of the State of New York, Respondent, v Richard W. Torturica, Appellant.

(Appeal No. 2.)

[974 NYS2d 884]

— Motion for writ of error coram nobis denied. Present— Scudder, EJ., Smith, Lindley, Sconiers and Valentino, JJ.
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.                  

###### Department of Commerce

###### Foreign-Trade Zones Board

          - [Order No. 1955]

Pursuant to its authority under the Foreign-Trade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade Zones Board (the Board) adopts the following Order:

*Whereas,*                     the Board adopted the alternative site framework (ASF) (15 CFR Sec. 400.2(c)) as an option for the establishment or reorganization of zones;                

*Whereas,*                     the Port of Moses Lake Public Corporation, grantee of Foreign-Trade Zone 203, submitted an application to the Board (FTZ Docket B-49-2014, docketed 07/03/2014) for authority to expand the service area of the zone to include Adams County, Washington, as described in the application, adjacent to the Moses Lake, Washington, U.S. Customs and Border Protection port of entry;                

*Whereas,*                     notice inviting public comment was given in the                     **Federal Register**                     (79 FR 39365-39366, 07/10/2014, correction 79 FR 41259, 07/15/2014) and the application has been processed pursuant to the FTZ Act and the Board's regulations; and,                

*Whereas,*                     the Board adopts the findings and recommendations of the examiner's report, and finds that the requirements of the FTZ Act and the Board's regulations are satisfied;                

*Now, therefore,*                     the Board hereby orders:                

The application to reorganize FTZ 203 to expand the service area under the ASF is approved, subject to the FTZ Act and the Board's regulations, including Section 400.13, and to the Board's standard 2,000-acre activation limit for the zone.

Signed at Washington, DC, this 4th day of December 2014.

Paul Piquado,

Assistant Secretary of Commerce for Enforcement and Compliance, Alternate Chairman, Foreign-Trade Zones Board.

[FR Doc. 2014-29602 Filed 12-16-14; 8:45 am]

BILLING CODE 3510-DS-P
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2130 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 2130

 To provide for a limitation on availability of funds for Independent 
  Agencies, National Archives and Records Administration, Repairs and 
                   Restoration for fiscal year 2024.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 29, 2023

Mr. Biggs (for himself, Mr. Rosendale, Mr. Gaetz, Mr. Good of Virginia, 
   Mr. Roy, and Mr. Crane) introduced the following bill; which was 
       referred to the Committee on Oversight and Accountability

_______________________________________________________________________

                                 A BILL

 
 To provide for a limitation on availability of funds for Independent 
  Agencies, National Archives and Records Administration, Repairs and 
                   Restoration for fiscal year 2024.

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

SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR INDEPENDENT 
              AGENCIES, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, 
              REPAIRS AND RESTORATION FOR FISCAL YEAR 2024.

    Notwithstanding any other provision of the law, amounts authorized 
to be appropriated or otherwise available for Independent Agencies, 
National Archives and Records Administration, Repairs and Restoration 
for fiscal year 2024 may not exceed $7,500,000.
                                 <all>
```
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>                                                        *
          This schedule contains summary financial information extracted from
the financial statements as of and for the six months ended June 29, 1997 and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
       
<S>                                               <C>
<PERIOD-TYPE>                                           6-mos
<FISCAL-YEAR-END>                                       DEC-28-1997
<PERIOD-START>                                          DEC-30-1996
<PERIOD-END>                                            JUN-27-1997
                                                    
<CASH>                                                              3,733
<SECURITIES>                                                            0
<RECEIVABLES>                                                      52,517
<ALLOWANCES>                                                          420
<INVENTORY>                                                        37,265
<CURRENT-ASSETS>                                                  124,638
<PP&E>                                                            422,391
<DEPRECIATION>                                                    170,982
<TOTAL-ASSETS>                                                    780,861
<CURRENT-LIABILITIES>                                              89,130
<BONDS>                                                           515,847
<PREFERRED-MANDATORY>                                                   0
<PREFERRED>                                                             0
<COMMON>                                                           12,055
<OTHER-SE>                                                         (4,724)
<TOTAL-LIABILITY-AND-EQUITY>                                      780,861
<SALES>                                                           386,569
<TOTAL-REVENUES>                                                  389,569
<CGS>                                                             213,843
<TOTAL-COSTS>                                                     213,843
<OTHER-EXPENSES>                                                  138,734
<LOSS-PROVISION>                                                        0
<INTEREST-EXPENSE>                                                 18,509
<INCOME-PRETAX>                                                    14,698
<INCOME-TAX>                                                        5,453
<INCOME-CONTINUING>                                                 9,245
<DISCONTINUED>                                                          0
<EXTRAORDINARY>                                                         0
<CHANGES>                                                               0
<NET-INCOME>                                                        9,245
<EPS-PRIMARY>                                                        1.09
<EPS-DILUTED>                                                        0.00
        

</TABLE>
I 

118TH CONGRESS 

1ST SESSION H. R. 2146 

To provide for a limitation on availability of funds for Independent Agencies, 

Small Business Administration, Office of Advocacy for fiscal year 2024. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2023 

Mr. BIGGS (for himself, Mr. ROSENDALE, Mr. GAETZ, Mr. GOOD of Virginia, 

Mr. ROY, and Mr. CRANE) introduced the following bill; which was referred to the Committee on Small Business 

A BILL 

To provide for a limitation on availability of funds for Independent Agencies, Small Business Administration, Office 

of Advocacy for fiscal year 2024. 

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

3 SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR 

4 INDEPENDENT AGENCIES, SMALL BUSINESS 

5 ADMINISTRATION, OFFICE OF ADVOCACY 

6 FOR FISCAL YEAR 2024. 

7 Notwithstanding any other provision of the law, 

8 amounts authorized to be appropriated or otherwise avail9 able for Independent Agencies, Small Business AdminisVerDate Sep 11 2014 01:11 Apr 19, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2146.IH H2146

pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HR 2146 IH

1 tration, Office of Advocacy for fiscal year 2024 may not 

2 exceed $9,120,000. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
[Federal Register Volume 79, Number 241 (Tuesday, December 16, 2014)]
[Notices]
[Pages 74683-74684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29383]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board

[B-59-2014]


Foreign-Trade Zone (FTZ) 90--Onondaga County, New York; 
Authorization of Proposed Production Activity; PPC Broadband, Inc.; 
Subzone 90C (Coaxial Jumper Cables); Dewitt, New York

    On August 12, 2014, the Onondaga County Office of Economic 
Development, grantee of FTZ 90, submitted a notification of proposed 
production activity to the Foreign-Trade

[[Page 74684]]

Zones (FTZ) Board on behalf of PPC Broadband, Inc., within Subzone 90C, 
in Dewitt, New York.
    The notification was processed in accordance with the regulations 
of the FTZ Board (15 CFR part 400) including notice in the Federal 
Register inviting public comment (79 FR 51138, August 27, 2014). The 
FTZ Board has determined that no further review of the activity is 
warranted at this time. The production activity described in the 
notification is authorized, subject to the FTZ Act and the Board's 
regulations, including Section 400.14.

    Dated: December 10, 2014.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2014-29383 Filed 12-15-14; 8:45 am]
BILLING CODE 3510-DS-P
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1959 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 1959

To provide for a limitation on availability of funds for Department of 
Health and Human Services, Health Resources and Services Administration 
                 Family Planning for fiscal year 2024.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 29, 2023

Mr. Biggs (for himself, Mr. Rosendale, Mr. Gaetz, Mr. Good of Virginia, 
   Mr. Roy, and Mr. Crane) introduced the following bill; which was 
            referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
To provide for a limitation on availability of funds for Department of 
Health and Human Services, Health Resources and Services Administration 
                 Family Planning for fiscal year 2024.

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

SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR DEPARTMENT OF HEALTH 
              AND HUMAN SERVICES, HEALTH RESOURCES AND SERVICES 
              ADMINISTRATION FAMILY PLANNING FOR FISCAL YEAR 2024.

    Notwithstanding any other provision of the law, amounts authorized 
to be appropriated or otherwise available for Department of Health and 
Human Services, Health Resources and Services Administration Family 
Planning for fiscal year 2024 may not exceed $286,479,000.
                                 <all>
```
Exhibit 99(c)


                          Certificate as to Compliance
                          ----------------------------


         I, Steven H. Smith, Servicing Officer of Household Finance Corporation
(the "Master Servicer"), DO HEREBY CERTIFY, in accordance with Section 4.10 of
the Master Sale and Servicing Agreement dated as of June 1, 1999 among Household
Auto Receivables Corporation, as Seller, the Master Servicer JP Morgan Chase
Bank (formerly The Chase Manhattan Bank), as Trustee (the "Master Sale and
Servicing Agreement"), that:

         1.   A review of the activities of the Master Servicer from January 1
         through December 31, 2002 (the "Year") and of its performance under the
         Master Sale and Servicing Agreement has been made under my supervision;
         and

         2.   To the best of my knowledge, based on my review, the Master
         Servicer has fulfilled all of its material obligations under the Master
         Sale and Servicing Agreement throughout the Year.

IN WITNESS WHEREOF, I have signed this certificate this 31st day of March, 2003.



                                       /s/ STEVEN H. SMITH
                                       ------------------------------------
                                       Steven H. Smith
                                       Servicing Officer