alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15

- 30202 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v.
DON M. ANDREW, JR. , Defendant

- Appellant

Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:12

- CR

- 266

- 2

Before WIENER, CLEMENT, and COSTA, Circuit Judges

. PER CURIAM: *
Don M. Andrew, Jr., pleaded guilty to multiple counts of conspiracy, arson, wire and mail fraud, and use of fire to commit a federal felony and was sentenced to a tota l of 240 months of imprisonment and a five

- year term of supervised release. Andrew’s plea was made pursuant to a Federal R ule of Criminal Proce dure 11(c)(1)(C) plea agreement, which stipulated that the

* 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 R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR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 August 1, 2016 Lyle W. Cayce Clerk Case: 15-30202 Document: 00513617227 Page: 1 Date Filed: 08/01/2016No. 15

- 30202

2 parties agreed to the imposition of a 240

- month sentence and contained a waiver of the right to appeal. On appeal, Andrew argues that the district court plainly erred by faili ng to provide fact

- specific reasons for imposing the sentence

. The Government

moves to dismiss the appeal as barred by a knowing and voluntary appeal waiver, or alternatively, for summary affirmance or an extension of time to file a merits brief

. To dete rmine whether Andrew’s appeal of his sentence is barred by the appeal waive r , we analyze whether the waiver was knowing and voluntary and whether the waiver applies to the circumstances at hand, based on the plain language of the ag reement. United States v. Bond , 414 F.3d 542, 544 (5th Cir. 2005). A s Andrew concedes, his challenge to his sentence falls within the scope of his appeal waiver. Further, the record reflects that Andrew knew that he had a right to appeal and that he was giving up that right; t hus, the waiver was knowing and voluntary. United States v. McKinney , 406 F.3d 744, 746 n.2 (5th Cir. 2005). A lthough he asserts that he could not have knowingly and voluntarily waived his right to appeal his sentence before it was imposed, “the uncertainty of [an] Appellant’s sentence does not render his waiver uninformed.” United States v. Melancon , 972 F. 2d 566, 567

- 68 (5th Cir. 1992). Accordingly, the Government’s motion to dismiss is GRANTED, and the appeal is DISMISSED. The Governmen t’s alternative motion for summary affirmance is DENIED, and the motion for an extension of time to file a merits brief is DENIED as unnecessary. Case: 15-30202 Document: 00513617227 Page: 2 Date Filed: 08/01/2016
109TH CONGRESS

2D SESSION S. CON. RES. 103

CONCURRENT RESOLUTION

1 Resolved by the Senate (the House of Representatives

2 concurring), That in the enrollment of the bill H.R. 889,

3 the Clerk of the House of Representatives shall make the

4 following corrections:

5 (1) In the table of contents in section 2, strike

6 the item relating to section 414 and insert the fol7 lowing:

‘‘Sec. 414. Navigational safety of certain facilities.’’.

8 (2) Strike section 414 and insert the following:

9 ‘‘SEC. 414. NAVIGATIONAL SAFETY OF CERTAIN FACILITIES.

10 ‘‘(a) CONSIDERATION OF ALTERNATIVES.—In re11 viewing a lease, easement, or right-of-way for an offshore

12 wind energy facility in Nantucket Sound under section

13 8(p) of the Outer Continental Shelf Lands Act (43 U.S.C.

14 1337(p)), not later than 60 days before the date estab15 lished by the Secretary of the Interior for publication of

16 a draft environmental impact statement, the Commandant

17 of the Coast Guard shall specify the reasonable terms and

18 conditions the Commandant determines to be necessary to
 †

2

SCON 103 ES

1 provide for navigational safety with respect to the pro2 posed lease, easement, or right-of-way and each alternative

3 to the proposed lease, easement, or right-of-way consid4 ered by the Secretary.

5 ‘‘(b) INCLUSION OF NECESSARY TERMS AND CONDI6 TIONS.—In granting a lease, easement, or right-of-way for

7 an offshore wind energy facility in Nantucket Sound under

8 section 8(p) of the Outer Continental Shelf Lands Act (43

9 U.S.C. 1337(p)), the Secretary shall incorporate in the

10 lease, easement, or right-of-way reasonable terms and con11 ditions the Commandant determines to be necessary to

12 provide for navigational safety.’’.

Passed the Senate June 22, 2006.

Attest:

Secretary.
109TH CONGRESS

2D SESSION S. CON. RES. 103

CONCURRENT RESOLUTION

To correct the enrollment of the bill H.R. 889
Final Release


 Exhibit 10.2 
 FINAL RELEASE 
 IN CONSIDERATION of the additional retirement benefits outlined in a letter
dated November 26, 2007 and the severance and other benefits promised therein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I, Pierre Monahan (hereinafter called the Releasor), for
myself and for my heirs, executors, successors and assigns do hereby remise, release and forever discharge BOWATER INCORPORATED, BOWATER CANADIAN FOREST PRODUCTS INC., and ABITIBIBOWATER INC. their subsidiaries, affiliated and
associated corporations and the respective officers, directors, servants, agents, employees, successors and assigns of such corporations and the heirs, executors, administrators and assigns of those officers, directors, servants, agents and
employees (hereinafter called the Releasees) from any and all actions, causes of action, claims, complaints, demands, suits, debts, dues, accounts, bonds, covenants, statutory rights and obligations and contracts whatsoever, whether presently known
or unknown, as against the said Releasees or any of them, that I ever had, now have or hereinafter can, shall or may have by reason of or arising from: 
 Any fact, cause, matter or thing existing up to the present time, including, without limitation, any such fact, cause, matter or thing arising from the Releasor’s employment by the Releasees, the termination of
such employment, and all rights under any retirement plan, program, arrangement, or accompanying obligation, relating to the Releasee’s employment by the Releasor. 
 AND THE RELEASOR HEREBY DECLARES AND ACKNOWLEDGES that he has received all amounts due to him from the Releasees in respect of any rights, payments or obligations under the Employment Standards Act (and, in
particular, to the right to receive vacation pay, notice of termination, termination pay or severance pay hereunder) and that he has no further claim against the Releasees with respect to any such rights, payments or obligations. 
 THE RELEASOR FURTHER UNDERSTANDS AND AGREES that the fact of the compromise settlement reflected herein, the fact of this Final Release and the contents
thereof and all matters and things herein referred to shall be kept by the Releasor in strict confidence unto himself and the Releasor undertakes and agrees to use all reasonable efforts to have such confidentiality maintained and observed by all
others. 
 AND I HEREBY DECLARE that I fully understand the terms of this settlement, that the amounts (i.e., retirement benefits, severance
benefits and perquisites) stated herein are the sole consideration for this Release and that I voluntarily accept this sum for the purpose of making full and final compromise, adjustment and settlement of all matters aforesaid. 
 Signed in Montreal this 26th day of November 2007. 
  

	
	 /s/ Pierre Monahan

	Pierre Monahan

  

	
	SIGNED, SEALED AND DELIVERED
	In the presence of
	
	 /s/ Georges Cabana


 Witness
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                    
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                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

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###### Federal Reserve System

The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the office of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than November 4, 2009.

**A. Federal Reserve Bank of San Francisco**                     (Kenneth Binning, Vice President, Applications and Enforcement) 101 Market Street, San Francisco, California 94105-1579:                

*1. Alma Medina Vivar*, Daly City, California, as part of a group acting in concert including Rommel and Ruell Medina, to individually and collectively acquire voting shares of MNB Holdings, Corporation, and thereby indirectly acquire voting shares of Mission National Bank, both of San Francisco, California.                

Board of Governors of the Federal Reserve System, October 15, 2009.

Robert deV. Frierson,

Deputy Secretary of the Board.

[FR Doc. E9-25162 Filed 10-19-09; 8:45 am]

BILLING CODE 6210-01-S
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###### Advanced Technologies

              - Bioenergy
              - Biotechnology
              - Nanotechnology

Scientists are developing advanced technologies to meet the complex agricultural challenges faced by the United States and throughout the world. NIFA programs support cutting-edge research to help farmers produce higher quantities of safer and better quality food, fiber, and fuel to meet the needs of a growing population. In addition, NIFA initiatives are helping the nation reach energy independence.  

AFRI Foundational and Applied Science Program

AFRI Education and Workforce Development

AFRI Interagency Programs

Agriculture and Food Research Initiative (AFRI)

Equipment Grants Program (EGP)

Bioproduct Pilot Program

Small Business Innovation Research and Technology Transfer Programs (SBIR/STTR)

Biotechnology Risk Assessment Research Grants (BRAG) Program

New Technologies for Ag Extension

Precision, Geospatial and Sensor Technologies Programs

The Hatch Act of 1887

Urban, Indoor, and Emerging Agriculture

American Rescue Plan Technical Assistance Investment (ARPTAI) Program 

From Learning to Leading: Cultivating the Next Generation of Diverse Food and Agriculture Professionals (NextGen)

Future Proofing Plants to a Changing Climate

Agriculture and Food Research Initiative - Foundational and Applied Science Program

Agriculture and Food Research Initiative - Sustainable Agricultural Systems

Agriculture and Food Research Initiative - Education and Workforce Development

Agricultural Genome to Phenome Initiative

Farm of the Future

Cyber-Physical Systems (CPS) (Joint NSF) Competitive Grants Program

Biotechnology Risk Assessment Research Grants Program

Small Business Innovation Research and Small Business Technology Transfer Programs Phase II

Equipment Grant Program

Research Facilities Act Program

New Technologies for Ag Extension
Petition for Writ of Mandamus Denied and Memorandum Opinion filed May 

30, 2019.

In The 

Fourteenth Court of Appeals

NO. 14-19-00417-CR

IN RE DEANDRE DEBOEST, Relator 

ORIGINAL PROCEEDING 

WRIT OF MANDAMUS 

 232nd District Court 

Harris County, Texas 

Trial Court Cause No. 1604855 

MEMORANDUM OPINION 

On May 17, 2019, relator DeAndre DeBoest filed a petition for writ of 

mandamus in this court. See Tex. Gov’t Code Ann. § 22.221 (Supp.); see also Tex. 

R. App. P. 52. In the petition, relator, who has been charged with the offense of 

delivery of a controlled substance, asks this court to compel the Honorable Josh Hill, 
2 

presiding judge of the 232nd District Court of Harris County, to dismiss the 

indictment against him for lack of a speedy trial.

In the petition, relator alleges that Judge Hill has denied his repeated requests 

to bring the case to trial and that Judge Hill told relator that his pro se motions mean 

nothing because they were not filed by his court-appointed lawyer. Thus, it appears 

that relator is represented by counsel. 

A criminal defendant is not entitled to hybrid representation. See Robinson v. 

State, 240 S.W.3d 919, 922 (Tex. Crim. App. 2007); Landers v. State, 550 S.W.2d 

272, 280 (Tex. Crim. App. 1977) (op. on reh’g). The absence of a right to hybrid 

representation means that a relator’s pro se mandamus petition should be treated as 

presenting nothing for this court’s review. See Gray v. Shipley, 877 S.W.2d 806, 806 

(Tex. App.—Houston [1st Dist.] 1994, orig. proceeding). Because relator’s petition 

indicates that he is represented by counsel, he is not entitled to mandamus relief.

Additionally, relator has not provided this court with a record showing that he 

is entitled to mandamus relief. See Tex. R. App. P. 52.7(a)(1); In re Foster, 503 

S.W.3d 606, 607 (Tex. App.—Houston [14th Dist.] 2016, no pet.) (per curiam). 

For these reasons, we deny relator’s petition for writ of mandamus. 

PER CURIAM 

Panel consists of Chief Justice Frost and Justices Spain and Poissant.

Do Not Publish — Tex. R. App. P. 47.2(b).
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D18-4372

_____________________________

ARTHUR L. BELTON,

Petitioner,

v.

STATE OF FLORIDA,

Respondent.

_____________________________

Petition for Writ of Habeas Corpus—Original Jurisdiction.

March 11, 2019

PER CURIAM.

DISMISSED. See Baker v. State, 878 So. 2d 1236 (Fla. 2004).

ROBERTS, RAY, and JAY, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________
2

Arthur L. Belton, pro se, Petitioner.

Ashley B. Moody, Attorney General, Tallahassee, for Respondent.
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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

PATRICK KUNKEL,

 Plaintiff - Appellant,

 v.

SHERRY LOPEZ, CMO Kern Valley

State Prison; et al.,

 Defendants - Appellees.

No. 14-15363

D.C. No. 1:11-cv-01026-SAB

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

Stanley Albert Boone, Magistrate Judge, Presiding**

Submitted December 9, 2014*** 

Before: WALLACE, LEAVY, and BYBEE, Circuit Judges.

Patrick Kunkel, a California state prisoner, appeals pro se from the district

court’s judgment dismissing his 42 U.S.C. § 1983 action alleging deliberate

FILED

DEC 18 2014

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 ** Kunkel consented to proceed before a magistrate judge. See 28

U.S.C. § 636(c).

 *** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
indifference to his serious medical needs. We have jurisdiction under 28 U.S.C. 

§ 1291. We review de novo. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000)

(dismissal under 28 U.S.C. § 1915A); Barren v. Harrington, 152 F.3d 1193, 1194

(9th Cir. 1998) (order) (dismissal under 28 U.S.C. § 1915(e)(2)). We affirm. 

The district court properly dismissed Kunkel’s action because Kunkel

failed to allege facts showing that defendants were deliberately indifferent to

Kunkel’s ankle infections. See Toguchi v. Chung, 391 F.3d 1051, 1057-60 (9th

Cir. 2004) (a prison official is deliberately indifferent only if he or she knows of

and disregards an excessive risk to inmate health; neither a mere difference of

opinion concerning the course of treatment nor negligence in diagnosing or treating

a medical condition amounts to deliberate indifference); see also Starr v. Baca, 652

F.3d 1202, 1207-08 (9th Cir. 2011) (requirements for establishing supervisory

liability); Cousins v. Lockyer, 568 F.3d 1063, 1070 (9th Cir. 2009) (failure to

follow internal prison policies does not rise to the level of a constitutional

violation). 

AFFIRMED.

2 14-15363
EXHIBIT 32.1

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of QuantRx Biomedical Corporation (the ‘‘Company’’) on Form 10-QSB for the period ending June 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the ‘‘Report’’), I, Walter Witoshkin, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. ss.1350, as adopted pursuant to ss.906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:

|  |          |                                                                                                                       |
|--|----------|-----------------------------------------------------------------------------------------------------------------------|
|  | 1.  | 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/ Walter Witoshkin            Walter WitoshkinChairman & CEO |
|--|--------------------------------------------------------------------------------------------------------------------------------|

Date:    August 14, 2007

A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.

----
[Federal Register Volume 74, Number 203 (Thursday, October 22, 2009)]
[Notices]
[Page 54586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25470]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Eunice Kennedy Shriver National Institute of Child Health & Human 
Development; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. App.), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Child Health and Human 
Development Special Emphasis Panel; Outcomes Research in Orthotics 
and Prostetics.
    Date: November 17, 2009.
    Time: 10 a.m. to 3 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Marriott Bethesda North, 5701 Marinelli Road, Bethesda, 
MD 20852.
    Contact Person: Anne Krey, Scientific Review Officer, Division 
of Scientific Review, Eunice Kennedy Shriver National Institute of 
Child Health and Human Development, National Institutes of Health, 
Bethesda, MD 20892, 301-435-6908.

(Catalogue of Federal Domestic Assistance Program Nos. 93.864, 
Population Research; 93.865, Research for Mothers and Children; 
93.929, Center for Medical Rehabilitation Research; 93.209, 
Contraception and Infertility Loan Repayment Program, National 
Institutes of Health, HHS)

    Dated: October 16, 2009.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. E9-25470 Filed 10-21-09; 8:45 am]
BILLING CODE 4140-01-P