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

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 953 Introduced in House (IH)]

<DOC>

116th CONGRESS
  2d Session
H. RES. 953

Expressing support for designation of May 2020 as ``Health and Fitness 
                                Month''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 5, 2020

 Mr. Veasey submitted the following resolution; which was referred to 
                  the Committee on Energy and Commerce

_______________________________________________________________________

                               RESOLUTION

 
Expressing support for designation of May 2020 as ``Health and Fitness 
                                Month''.

Whereas \2/3\ of adults and nearly 1 in 3 children are overweight or obese in 
        the United States;
Whereas unhealthy eating habits and lack of physical activity have contributed 
        to the obesity epidemic in the United States;
Whereas the prevalence of obesity in the United States more than doubled from 15 
        percent to 34 percent among adults and more than tripled from 5 percent 
        to 17 percent among children and adolescents from 1980 to 2008;
Whereas an obese teenager is 70 percent more likely to become an obese adult;
Whereas obesity is more common among non-Hispanic Black teenagers (29 percent) 
        than Hispanic teenagers (17.5 percent) or non-Hispanic White teenagers 
        (14.5 percent);
Whereas 70 percent of American Indian and Alaska Native adults are overweight or 
        obese;
Whereas studies indicate that overweight youth may never achieve a healthy 
        weight;
Whereas a poor diet is associated with major health risks that can cause illness 
        and even death;
Whereas, in addition to healthy eating, people in the United States can 
        experience positive health benefits and be on the path for a better 
        future by incorporating physical activity into daily life, including 30 
        minutes for adults and 60 minutes for children;
Whereas physical activity can help prevent chronic diseases such as heart 
        disease, cancer, and stroke, control weight, reduce fat, condition the 
        heart and lungs, improve sleep, decrease the potential of becoming 
        depressed, increase energy and self-esteem, relieve stress, and increase 
        the chances of living longer; and
Whereas May 2020 would be an appropriate month to designate as ``Health and 
        Fitness Month'': Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) supports the designation of ``Health and Fitness 
        Month''; and
            (2) supports efforts to educate the people of the United 
        States on the importance of a healthy and nutritious lifestyle, 
        especially during the period of the COVID-19 pandemic.
                                 <all>
```
#### The People of the State of New York, Respondent, v Edward Rouff, Appellant.

[855 NYS2d 157]

Contrary to the defendant’s contention, the Supreme Court properly assessed him 20 points under risk factor number 4 (continuing course of sexual misconduct), based on clear and convincing evidence that the defendant engaged in several acts of sexual contact with the child victim over a period of approximately 2 years *(see People v Mingo,*49 AD3d 148 [2d Dept 2008]; *People v Atkinson,*34 AD3d 551 [2006]; *People v Terdeman,*175 Misc 2d 379, 382-384 [1997]).

The defendant was also properly assessed 15 points under risk factor number 12, based on his failure to accept responsibility for the underlying offenses, coupled with his expulsion from a sex offender treatment program in 2001 *(see People v Lewis,*37 AD3d 689 [2007]; *People v Morales,*33 AD3d 982 [2006]). Moreover, the Supreme Court properly assessed 15 points under risk factor number 14 because of the defendant’s unsupervised release from prison *(see People v Lewis,*37 AD3d 689 [2007]).

In light of the above, the defendant was properly designated a level two sex offender. Skelos, J.P., Fisher, Covello and Eng, JJ., concur.
UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

 

JAMES JONES, : Civ. Action No. 10-3226 (NLH)

:

Plaintiff, :

:

 v. : ORDER

:

MICHAEL J. ASTRUE, :

COMMISSIONER OF SOCIAL :

SECURITY, : 

:

Defendants. :

 

APPEARANCES

Philip Wolf, Esq.

Wolf and Brown L.L.C.

228 Kings Highway East

Haddonfield, NJ 08033

Attorney for Plaintiff

Andreea Lechleitner

Special Assistant U.S. Attorney

Social Security Administration

Office of the Federal Counsel

26 Federal Plaza, Room 3904

New York, NY 10278

Attorney for Defendant

HILLMAN, District Judge

 For the reasons expressed in the Court’s Opinion entered

today,

 IT IS HEREBY ORDERED this 26th day of September , 2011, that

the decision of the Commissioner of Social Security will be

reversed and the matter shall be remanded.

 Noel L. Hillman 

At Camden, New Jersey NOEL L. HILLMAN, U.S.D.J.

Case 1:10-cv-03226-NLH Document 12 Filed 09/26/11 Page 1 of 1 PageID: 522
***EXHIBIT 32***

 

**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**

 

In        connection with the report on Form 10-QSB of High End Ventures, Inc. for the quarterly        period ended June 30, 2007 as filed with the Securities and Exchange Commission on the date        hereof (“Report”), I, Nadir Walji, do hereby certify, pursuant to 18 U.S.C.        §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that, to        the best of my knowledge:

 

|   | (1) | This Report complies with the requirements of section 13(a)                        or 15(d) of the Securities Exchange Act of 1934; and |
|--------|-----|-----------------------------------------------------------------------------------------------------------------------------------------|

|   | (2) | The information contained in this Report fairly represents,                        in all material respects, the financial condition of the small business                        issuer at the end of the period covered by this Report and results of                        operations of the small business issuer for the period covered by this                        Report. |
|--------|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

 

/s/        Nadir Walji

Nadir        Walji

Chief        Executive Officer and Chief Financial Officer

August 7,        2007

 

This        certification accompanies this Report pursuant to §906 of the Sarbanes-Oxley Act of        2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be        deemed filed by the small business issuer for the purposes of §18 of the Securities        Exchange Act of 1934, as amended. This certification shall not be incorporated by reference        into any filing under the Securities Act of 1933, as amended, or the Securities Exchange        Act of 1934, as amended (whether made before or after the date of this Report),        irrespective of any general incorporation language contained in such filing.

 

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

 

 

 

 

23
UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

____________________________________

:

EDUARDO MCLAUGHLIN :

:

:

Plaintiff, : Civil Action No. 10-03425 (JAP)

:

v. : OPINION

:

SENIOR CORRECTIONS OFFICER :

MARVIN MERRIEL, et al., :

:

Defendants. :

____________________________________:

PISANO, District Judge.

This matter comes before the Court on Plaintiff’s motion to remand the matter to state 

court based upon Plaintiff’s allegation that the complaint does not assert any federal claims. 

On a motion to remand, the removing party bears the burden of establishing the propriety 

of removal. See Boyer v. Snap-On Tools Corp., 913 F.2d 108, 111 (3d Cir.1990). In addition, 

“removal statutes are to be strictly construed against removal and all doubts resolved in favor of 

remand.” Id. 

If a district court has original subject matter jurisdiction over a case, that case is 

removable to federal court without regard to the citizenship of the parties. 28 USCS § 1441. A 

district court has original federal question subject matter jurisdiction over claims “arising under 

the Constitution, laws, or treaties of the United States.” 28 U.S.C. § 1331. Determining whether 

a civil action involves a federal question for purposes of remand involves examining whether the 

state-law claim necessarily raises a “stated federal issue, actually disputed and substantial, which 

a federal forum may entertain without disturbing any congressionally approved balance of 

Case 3:10-cv-03425-JAP-DEA Document 12 Filed 09/10/10 Page 1 of 2 PageID: 112
federal and state judicial responsibilities.” Grable & Sons Metal Prods. v. Darue Eng'g & Mfg., 

545 U.S. 308, 314 (U.S. 2005). A disputed and substantial issue of federal law exists where a 

complaint expressly asserts a violation of the United States Constitution. See Vitellaro v. Mayor 

and Township Council of the Township of Hanover, 2009 WL5204771 (D.N.J.)).

Notwithstanding the complaint’s disclaimer that Plaintiff is not stating a federal cause of 

action, Plaintiff in fact asserts claims under the Constitution of the United States throughout the 

complaint. The complaint alleges that “the actions of Defendants against Plaintiff ... deprived 

Plaintiff of his rights, privileges and immunities under the laws and Constitution of the United 

States ...” Compl. ¶ 53. In addition, the complaint states that “the conduct of the Defendants ...

violated Plaintiff’s constitutional right ... guaranteed by the Fourth, Fifth, Eighth, and Fourteenth 

Amendments to the United States Constitution ...” Compl. ¶ 57. Such allegations are disputed

and substantial federal issues and, therefore, removal to federal court was proper.

For the reasons above, Plaintiff’s motion to remand is denied. An appropriate Order 

accompanies this Opinion. 

/s/ JOEL A. PISANO 

United States District Judge

Dated: September 10, 2010

Case 3:10-cv-03425-JAP-DEA Document 12 Filed 09/10/10 Page 2 of 2 PageID: 113
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15

- 40066 Conference Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v.
GABRIEL PLASCENCIA

- ACOSTA, also known as Jose Maro Sanchez , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:14

- CR

- 519

- 1

Before DAVIS , JONES, and HIGGINSON, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Gabriel Plascencia

- Acosta raises an argument that he concedes is foreclosed by United States v. Martinez

Lugo , 782 F.3d 198, 204

- 05 (5th Cir. 2015). In Martinez

- Lugo , 782 F.3d at 204

- 05, w e held that an enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(i) for a prior conviction of a drug trafficking offense is warranted regardless whether the conviction for the prior offense required proof of remuneration or commercial

* 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 se t forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED June 1 6 , 2015 Lyle W. Cayce Clerk Case: 15-40066 Document: 00513080317 Page: 1 Date Filed: 06/16/2015No. 15

- 40066

2 activity. Accordingly, Pla scencia

- Acosta’s unopposed motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. Case: 15-40066 Document: 00513080317 Page: 2 Date Filed: 06/16/2015
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. 11/29/2016 November 29, 2016
IN THE COURT OF APPEALS OF IOWA
No. 17

- 0021 Filed September 13, 2017

STATE OF IOWA, Plaintiff

- Appellee,

vs. ROBERT L. WALLACE , Defendant

- Appellant.

________________________________________________________________ Appeal from the Iowa District Court for Marshall County, Kim M. Riley , District Associate Judge.

A defendant appeals from his conviction and sentence for possession of a
controlled subst ance , second offense

. AFFIRMED.

Merrill C. Swartz of Swartz Law Firm , Marshalltown , for appellant. Thomas J. Miller, Attorney General, and Genevieve Reinkoester , Assistant Attorney General, for appellee.

Considered by Vogel, P.J., and Potterfield and Mullins, JJ.2

VOGEL, Presiding Judge. Robert Wallace appeals his conviction and sentence to one count of possession of a controlled substance, second offense, in violation of Iowa Code sections 124.206 and 124.401(5) (20 16). Wallace asserts his trial counsel was ineffective for allowing him to plead guilty because there was an insufficient factual basis for his plea to a second offense of violating Iowa Code c hapter 124

. Wallace’s November 16, 2016 , plea to possession of a controlled
substance included the statement, “ I admit that on or about June 11, 2016, in
Marshall C ounty, l did knowingly possess a Schedule ll Controlled Substance: Methamphetamine.” The plea also advised that the court may rely on the minutes of t estimony as a further factual basis to support the plea. To prevail on a claim of ineffective assistance of counsel, Wallace must prove by a preponderance of the evidence (1) the attorney failed to perform an essential duty and (2) prejudice resulted fro m the failure. State v. Rodriguez , 804 N.W.2d 844, 848 (Iowa 2011). The record on which a factual basis exists may include “statements by the defendant, minutes of testimony, facts related by the prosecutor, and any presentence investigation report.” St ate v. Myers , 653 N.W.2d 574, 579 (Iowa 2002). Here, the minutes of testimony included the expected testimony of the Marshall Co unty Clerk of Court, stating:

This witness, if called, upon being duly sworn on oath, will testify that the records of their re spective agency reflect that the Defendant, ROBERT LYNN WALLACE, was previously convicted of a violation of Iowa Code Chapter 124 as follows:

• Conviction of Possession of a Controlled Substance in violation of Iowa Code Chapter 124 on September 22,3
2014, in Marshall County Criminal No. SRCR084496 and was represented by counsel, Darrell Meyer. Because a factual basis for the plea exists, Wallace has not proven trial counsel failed to perform an essential duty. State v. Carroll , 767 N.W.2d 638, 645 (Iowa 2 009) (“[C]ounsel has no duty to pursue a meritless issue.”). Therefore, Wallace’s trial counsel did not breach an essential duty , and there is no prejudice resulting. The judgment of the district court is affirmed without further opinion. See Iowa Ct. R. 21.26(1)(a), (b), (d), (e).
AFFIRMED.
IV 

116TH CONGRESS 

2D SESSION H. RES. 943 

Recognizing the 45th anniversary of the Fall of Saigon on April 30, 1975. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 28, 2020 

Mr. LOWENTHAL (for himself, Ms. LEE of California, Mr. CISNEROS, Mr. 

ROUDA, Mr. CORREA, Mr. KHANNA, Mrs. DAVIS of California, Ms. LOFGREN, Mr. CONNOLLY, Ms. JACKSON LEE, Ms. SCHAKOWSKY, Mr. 

PETERS, and Mr. COSTA) submitted the following resolution; which was 

referred to the Committee on Foreign Affairs, and in addition to the 

Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

RESOLUTION 

Recognizing the 45th anniversary of the Fall of Saigon on 

April 30, 1975. 

Whereas since 1975, hundreds of thousands of Vietnamese 

have resettled in the United States and built vibrant 

communities across the United States which contribute to 

the rich diversity of the Nation; 

Whereas, on April 30, 1975, the Republic of Vietnam was 

overthrown by communist forces in an event known as 

‘‘Black April’’ or the ‘‘Fall of Saigon’’, which is observed 

in Vietnamese-American communities across the United 

States each year; 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HRES 943 IH 

Whereas members of the South Vietnamese military fought 

side-by-side with the United States Armed Forces in defense of the ideals of democracy and freedom; 

Whereas Vietnamese Americans have continuously advocated 

for freedom and democracy in Vietnam, and spoken out 

against human rights abuses by the Vietnamese government; and 

Whereas Vietnam continues to hold one of the worst records 

on human rights in the region, violating religious freedom, obstructing press freedom, restricting its own citizens’ freedom of speech and assembly, and detaining 

prisoners of conscience: Now, therefore, be it 

1 Resolved, That the House of Representatives— 

2 (1) recognizes the significance of the 45th anni3 versary of the Fall of Saigon on April 30, 1975; 

4 (2) honors the contributions of Vietnamese 

5 Americans to the United States over the last 45 

6 years and their tireless commitment to upholding 

7 freedom, human rights, and democracy in Vietnam; 

8 (3) honors the service of members of the United 

9 States Armed Forces and of the South Vietnamese 

10 forces who fought in Vietnam, including those who 

11 gave their lives; 

12 (4) honors the memory of the Vietnamese who 

13 lost their lives while attempting to flee Vietnam; and 

14 (5) encourages all citizens of the United States 

15 to join in remembering the Fall of Saigon, honoring 

16 the contributions of the Vietnamese-American comVerDate Sep 11 2014 23:38 Apr 28, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\HR943.IH HR943

kjohnson on DSK79L0C42PROD with BILLS
3 

•HRES 943 IH 

1 munity, and calling for freedom, human rights, and 

2 democracy in Vietnam. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 15-1635

In re: ALECIA Y. FARLEY; MARVIN A. FARLEY,

Petitioners.

On Petition for Writ of Mandamus.

 (3:14-cv-00568-JRS)

Submitted: July 21, 2015 Decided: July 23, 2015

Before WILKINSON and MOTZ, Circuit Judges, and DAVIS, Senior 

Circuit Judge.

Petition denied by unpublished per curiam opinion.

Alecia Y. Farley; Marvin A. Farley, Petitioners Pro Se.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Alecia Y. Farley and Marvin A. Farley petition for a writ of 

mandamus seeking an order vacating various orders of the district 

court in their civil case. We conclude that the Farleys are not 

entitled to mandamus relief.

Mandamus relief is a drastic remedy and should be used only 

in extraordinary circumstances. Kerr v. U.S. Dist. Court, 426 

U.S. 394, 402 (1976); United States v. Moussaoui, 333 F.3d 509, 

516-17 (4th Cir. 2003). Further, mandamus relief is available 

only when the petitioner has a clear right to the relief sought. 

In re First Fed. Sav. & Loan Ass’n, 860 F.2d 135, 138 (4th Cir. 

1988). Mandamus may not be used as a substitute for appeal. In 

re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir. 2007). 

The relief sought by the Farleys are not available by way of 

mandamus.* Accordingly, although we grant leave to proceed in 

forma pauperis, we deny the petition for writ of mandamus. We 

dispense with oral argument because the facts and legal contentions 

are adequately presented in the materials before this court and 

argument would not aid the decisional process.

PETITION DENIED

 * We note that the Farleys have filed a timely notice of 

appeal of the district court’s final order.
EXHIBIT 23.1CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM     We consent tothe incorporation by reference in the Registration Statements (Form S-8, Nos. 33-17196,33-44822, 33-44877, 33-44876, 33-22459, 33-38491,33-54075, 33-54079, 33-54077, 333-47833,333-28273, 333-38752, 333-62568,333-62572, and 333-117017) pertaining to various stock option,employee savings, deferred compensation and restricted stock plans and in Registration Statements(Form S-3, Nos. 33-36001, 333-60175, 333-121743, and 333-133092) pertaining to a universal shelfregistration statement and registration of preferred stock and common stock warrants of Wellman,Inc. of our reports dated March 24, 2008, with respect to the consolidated financial statements andfinancial statement schedule of Wellman, Inc., and the effectiveness of internal control overfinancial reporting of Wellman, Inc., included in the Annual Report on Form 10-K of Wellman, Inc.for the year ended December 31, 2007, incorporated by reference in this Form 10-K/A.                                                                /s/ Ernst & Young LLP        April 29, 2008