alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
February 25, 2019
Distribution:

Travis W. Gosselin, U.S. Department of Labor, Office of the Solicitor, 230 South

Dearborn Street, Room 844, Chicago, IL 60604

Christopher D. Pence, Wm. Scott Wickline, and James P. McHugh, Hardy Pence PLLC, 500 Lee

Street, East, Suite 701, P.O. Box 2548, Charleston, WV 25329

Administrative Law Judge David Simonton, Federal Mine Safety Health Review Commission, 721 

19th Street, Suite 443, Denver, CO 80202-2500

Ali A. Beydoun, Esq., Office of the Solicitor, US Department of Labor, 201 12th St. South-Suite 401, 

Arlington, VA 22202-5450

Melanie Garris, Office of Civil Penalty Compliance, MSHA, U.S. Department of Labor , 201 12th 

Street South, Suite 401, Arlington, VA 22202-5450
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<CASH>                                         229,115
<SECURITIES>                                         0
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<OTHER-SE>                                     228,912
<TOTAL-LIABILITY-AND-EQUITY>                   229,367
<SALES>                                              0
<TOTAL-REVENUES>                                   956
<CGS>                                                0
<TOTAL-COSTS>                                    1,347
<OTHER-EXPENSES>                                     0
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<INCOME-PRETAX>                                  (391)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              (391)
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</TABLE>
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 14-51250

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

QUENTIN LAVELLE JEFFRIES,

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

_______________________

ON PETITION FOR PANEL REHEARING 

(Opinion May 13, 2016, 5 Cir., __________, ____________ F.3d _________)

Before REAVLEY, SMITH, and HAYNES, Circuit Judges.

PER CURIAM:

Treating the petition for rehearing en banc as a petition for panel 

rehearing, we DENY the petition for panel rehearing and note the following:

1. Since the filing of Jeffries’ petition for rehearing en banc, our court 

has ruled that Johnson v. United States, 576 U.S. ___, 135 S. Ct. 2551 

(2015) does not apply to the career offender sentencing guidelines 

definition in United States Sentencing Guideline § 4B1.2(a)(2). In re 

Arnick, 2016 U.S. App. LEXIS 11030 *2 (5th Cir. Jun. 17, 2016).
No. 14-51250

2

2. Even assuming arguendo that Johnson does apply to the residual 

clause of USSG § 4B1.2(a)(2), nowhere in his belated briefing to our

court last year, his petition for certiorari to the Supreme Court, or his 

petition for rehearing, has Jeffries demonstrated that he was 

sentenced under the residual clause. It is certainly not “clear” or 

“obvious” under plain error review that his conviction under Texas 

Penal Code § 22.02 for the crime of aggravated assault with a deadly 

weapon causing physical injury to which he pleaded guilty is not a 

“use of force” conviction under 4B1.2(a)(1) or an enumerated offense 

under Application Note 1 to § 4B1.2(a). See United States v. Guzman, 

797 F.3d 346 (5th Cir. 2015); cf. Beckles v. United States, No. 15-8544, 

2016 U.S. LEXIS 4142 (U.S. Jun. 27, 2016)(granting certiorari on a 

case involving whether a sawed-off shotgun is a crime of violence 

under § 4B1.2(a)); United States v. Soto-Rivera, 811 F.3d 53 (1st Cir. 

2016)(addressing crime of felon in possession of a firearm under § 

4B1.2(a)(2) and application notes); United States v. Lipscomb, 619 

F.3d 474 (5th Cir. 2010)(plurality opinion addressing whether crime 

of possession of a sawed-off shotgun was a crime of violence). The 

Supreme Court did not strike down the “use of force” prong in Johnson

and, indeed, since that time has applied a similar “use of force” prong 

in a case of a reckless assault. Voisine v. Armstrong, 195 L. Ed. 2d 

736 (2016)(“use of force” under 18 U.S.C. § 921(a)(33)(A) includes 

reckless assault).
[Federal Register Volume 66, Number 5 (Monday, January 8, 2001)]
[Notices]
[Page 1360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-427]


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

GENERAL SERVICES ADMINISTRATION/U.S. OFFICE OF PERSONNEL MANAGEMENT

Office of Communications


Cancellation of a Standard Form

AGENCY: General Services Administration.

ACTION: Notice.

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

SUMMARY: The U.S. Office of Personnel Management is cancelling the 
following Standard Form because of low usage: SF 144A, Statement of 
Prior Federal Service--Worksheet.

DATES: Effective January 8, 2001.

FOR FURTHER INFORMATION CONTACT: Ms. Barbara Williams, General Services 
Administration, (202) 501-0581.

    Dated: December 20, 2000.
Barbara M. Williams,
Deputy Standard and Optional Forms Management Officer.
[FR Doc. 01-427 Filed 1-5-01; 8:45 am]
BILLING CODE 6820-34-M
[Federal Register Volume 66, Number 5 (Monday, January 8, 2001)]
[Notices]
[Page 1362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-423]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention (CDC)


Request for Nominations of Candidates To Serve on the Citizens 
Advisory Committee on Public Health Service Activities and Research at 
Department of Energy Sites: Savannah River Site Health Effects 
Subcommittee

    The Centers for Disease Control and Prevention and the Agency for 
Toxic Substances and Disease Registry are soliciting additional 
nominations for possible membership on the Citizens Advisory Committee 
on Public Health Service Activities and Research at Department of 
Energy (DOE) Sites: Savannah River Site Health Effects Subcommittee.
    The Subcommittee is charged with providing advice and 
recommendations to the Director, CDC and Administrator, ATSDR, 
pertaining to CDC's and ATSDR's public health activities and research 
at respective DOE sites. Activities shall focus on providing the public 
and sovereign nations with a vehicle to express concerns and provide 
advice and recommendations to CDC and ATSDR. The Savannah River Site 
Health Effects Subcommittee (SRSHES) was established to advise the 
ATSDR and CDC on human health studies and public health activities that 
the agencies may undertake to address human exposures to historical 
releases of hazardous materials from the Savannah River Site. CDC and 
ATSDR are seeking candidates with an interest in science, and a 
knowledge and understanding of community needs relative to 
environmental health. Close attention will be given to minority and 
female representation so long as the effectiveness of the Subcommittee 
is not impaired.
    Nominations for new members will be accepted by fax or written 
correspondence. Information must include a description the 
qualifications of the nominee to serve, the assets the nominee would 
bring to the work of the Subcommittee and a current resume or 
curriculum vitae. The closing date for this round of nominations is 
January 26, 2001. Nominations must be postmarked on or before the 
closing date.
    Nominations should be sent to: Ms. Kitty Armstrong, Senior 
Committee Management Specialist, Radiation Studies Branch, Division of 
Environmental Hazards and Health Effects, National Center for 
Environmental Health, 1600 Clifton Road, NE., Mail Stop E-39, Atlanta, 
Georgia 30333. Nominations may be faxed to 404/639-2575.
    The Director, Management Analysis and Services Office, has been 
delegated the authority to sign Federal Register notices pertaining to 
announcements of meetings and other committee management activities, 
for both CDC and ATSDR.

    Dated: January 2, 2001.
Carolyn J. Russell,
Director, Management Analysis and Services Office, Centers for Disease 
Control and Prevention.
[FR Doc. 01-423 Filed 1-5-01; 8:45 am]
BILLING CODE 4163-70-P
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 Health and Human Services

###### Agency for Healthcare Research and Quality

In accordance with section 10(d) of the Federal Advisory Committee Act (5 U.S.C., Appendix 2), announcement is made of the Special Emphasis Panel meeting referenced below.

A Special Emphasis Panel (SEP) is a committee of experts selected to conduct scientific reviews of grant applications submitted for agency funding that are related to their areas of expertise. The committee members are drawn from an agency list of experts and are designated to serve for particular individual meetings rather than for extended fixed terms of service.

Substantial segments of the upcoming SEP meeting listed below will be closed to the public in accordance with the Federal Advisory Committee Act, section 10(d) of 5 U.S.C., Appendix 2 and 5 U.S.C., 552b(c)(6). Grant applications are to be reviewed and discussed at this meeting. These discussions are likely to include personal information concerning individuals associated with the applications. This information is exempt from mandatory disclosure under the above-cited statutes.

                        1.                         *Name of SEP:*                         Health Research Dissemination & Implementation.                    

*Date:*                         March 5, 2001 (Open from 8 a.m. to 8:15 a.m. and closed for the remainder of the meeting).                    

*Place:*                         6010 Building, 4th Floor, Conference Room D, Rockville, Maryland 20852.                    

*Contact Person:*                         Anyone wishing to obtain a roster of members or minutes of this meeting should contact Ms. Jenny Griffith, Committee Management Officer, Office of Research Review, Education and Policy, AHRQ, 2101 East Jefferson Street, Suite 400, Rockville, Maryland 20852, Telephone (301) 594-1847.                    

Agenda items for this meeting are subject to change as priorities dictate.

Dated: February 13, 2001.

John M. Eisenberg,

Director.

[FR Doc. 01-4148  Filed 2-16-01; 8:45 am]

BILLING CODE 4160-90-M
|   | (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 result of operations of the      Company. |
|--------|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| /s/ Christopher L.      Kolb                                              |   |
|---------------------------------------------------------------------------|--------|
| Christopher L. Kolb,      President and principal financial officer  |   |
| November 13,      2009                                                    |   |
#### Francisco Javier LUNA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 09-72002.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 14, 2010.*

Filed Jan. 12, 2011.

Francisco Javier Luna, Tucson, AZ, pro se.

Susan Houser, U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Justin Robert Markel, U.S. Department of Justice, Washington, DC, Chief Counsel Ice, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.

Before: GOODWIN, WALLACE, and THOMAS, Circuit Judges.

*

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

MEMORANDUM **

Francisco Javier Luna, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law, *Mielewczyk v. Holder,*575 F.3d 992, 994 (9th Cir.2009), and we grant the petition for review.

The statute of conviction, proscribes, among other offenses, an “offer to ... transfer marijuana.” *See*Ariz. Rev. Stats. § 13-3405(A)(4). It therefore includes a solicitation offense, *see Mielewczyk,*575 F.3d at 998 n. 4, and is not categorically a drug trafficking offense, *see United States v. Rivera-Sanchez,*247 F.3d 905, 909 (9th Cir.2001) (en banc), *superseded on other grounds by*U.S.S.G. § 2L1.2 cmt. n. 4 (2002), *as recognized in Guerrero-Silva v. Holder,*599 F.3d 1090, 1092-93 (9th Cir.2010). The agency therefore erred insofar as it concluded that a conviction under Ariz. Rev. Stats. § 13-3405 is categorically an aggravated felony drug trafficking crime under 8 U.S.C. § 1101(a)(43)(B).

Luna adequately exhausted this issue before the BIA and presented it on appeal, *see Vizcarra-Ayala v. Mukasey,*514 F.3d 870, 873-74 (9th Cir.2008); *Abassi v. INS,*305 F.3d 1028, 1032 (9th Cir.2002); see *also Huerta-Guevara v. Ashcroft,*321 F.3d 883, 886 (9th Cir.2003).

Because it is unclear whether the agency applied the modified categorical approach, we remand for further proceedings. *See INS v. Ventura,*537 U.S. 12, 16, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002). In *100light of our disposition, we do not reach Luna’s remaining contentions.

PETITION FOR REVIEW GRANTED; REMANDED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
EXHIBIT 31.1


                                  CERTIFICATION


I, Andrew J. Mako, certify that:

1. I have  reviewed  this Form 10-Q report of Pruco Life of New Jersey  Variable
Contract Real Property Account;

2. Based on my knowledge, this 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 report;

3.  Based  on my  knowledge,  the  financial  statements,  and  other  financial
information included in this 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 report;

4. The  registrant's  other  certifying  officer(s)  and I are  responsible  for
establishing and maintaining  disclosure  controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

a) Designed such disclosure  controls and procedures,  or caused such disclosure
controls and  procedures to be designed  under our  supervision,  to ensure that
material  information  relating to the  registrant,  including its  consolidated
subsidiaries, is made known to us by others within those entities,  particularly
during the period in which this report is being prepared;

b) Evaluated  the  effectiveness  of the  registrant's  disclosure  controls and
procedures and presented in this report our conclusions  about the effectiveness
of the disclosure  controls and procedures,  as of the end of the period covered
by this report based on such evaluation; and

c) Disclosed in this report any change in the registrant's internal control over
financial  reporting that occurred  during the  registrant's  most recent fiscal
quarter (the registrant's fourth fiscal quarter in the case of an annual report)
that has materially affected,  or is reasonably likely to materially affect, the
registrant's internal control over financial reporting;

5. The registrant's other certifying  officer(s) and I have disclosed,  based on
our most recent evaluation of internal control over financial reporting,  to the
registrant's  auditors  and the audit  committee  of the  registrant's  board of
directors (or persons performing the equivalent functions):

a) All  significant  deficiencies  and  material  weaknesses  in the  design  or
operation of internal  control over  financial  reporting  which are  reasonably
likely  to  adversely  affect  the  registrant's  ability  to  record,  process,
summarize and report financial information; and

b) Any  fraud,  whether  or not  material,  that  involves  management  or other
employees who have a significant role in the registrant's  internal control over
financial reporting.


Date: November 14, 2003


/s/ Andrew J. Mako
---------------------
Andrew J. Mako
President
#### Bryan S. BEHRENS, for Bryan BEH-RENS, Michelle Behrens and children of the Behrens’, Bryan Behrens as a receivership entity, Plaintiff-Appellant v. GMAC MORTGAGE, LLC, and it’s successors Ocwen Loan Servicing, third party collectors and service providers for U.S. Bank National Association as Trustee for Ramp 2006 NC2, Defendant-Appellee.

No. 14-1020.

United States Court of Appeals, Eighth Circuit.

Submitted: Aug. 7, 2014.

Filed: Aug. 14, 2014.

*547Bryan S. Behrens, for Bryan Behrens, Michelle Behrens and Children of the Beh-rens’, Bryan Behrens as a Receivership Entity, Terre Haute, IN, pro se.

Before WOLLMAN, GRUENDER, and SHEPHERD, Circuit Judges.

PER CURIAM.

Bryan Behrens appeals the district court’s1 preservice dismissal of his civil complaint, in which he alleged that the lender and servicer on a mortgage encumbering certain property were violating the Fair Debt Collection Practices Act by foreclosing on the property, and that the foreclosure proceedings violated a court order in a separate receivership case. Upon careful de novo review, we conclude that dismissal was proper for the reasons explained by the district court; and we reject without discussion the arguments raised on appeal. The judgment is affirmed. *See*8th Cir. R. 47B.

1

. The Honorable John M. Gerrard, United States District Judge for the District of Nebraska.
3

Federal Mine Safety and Health Review Commission

1331 PENNSYLVANIA AVE., N.W., SUITE N520

WASHINGTON, D.C. 20004-1720

TEMPORARY SUSPENSION OF IN-PERSON HEARINGS 

June 2, 2020

Glynn F. Voisin, Chief Administrative Law Judge:

 In view of the risks presented by the novel coronavirus COVID-19, the Federal Mine 

Safety and Health Review Commission, Office of the Chief Administrative Law Judge (OCALJ) 

is, effective immediately, suspending all in-person hearings, settlement judge conferences and 

mediations until Friday, July 10, 2020. 

At the discretion of the presiding administrative law judge and in coordination with the 

parties, hearings may proceed by videoconference or by telephone. Similarly, settlement judge 

conferences and mediations may be held by videoconference or by telephone. If the parties agree 

that an evidentiary hearing is not needed, cases may also be presented for a decision on the 

record. 

The parties will be notified if the hearing needs to be rescheduled. OCALJ will reassess 

the risks presented by in-person hearings prior to July 10, 2020, and issue a subsequent order 

informing the public as to whether the suspension of in-person hearings will continue.

If you have any questions with regard to the notice, please contact the presiding 

administrative law judge.

SO ORDERED.

______________________

Glynn F. Voisin,

Chief Administrative Law Judge
**Exhibit99.2**

** **

CERTIFICATION PURSUANT TO

# 18U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THESARBANES-OXLEY ACT OF 2002

 

In connection withthe Quarterly Report on Form 10-Q of Interstate Bakeries Corporation (the“Company”) for the period ending March 8, 2003, as filed with the Securitiesand Exchange Commission on the date hereof (the “Report”), I, Paul E. Yarick,Senior Vice President-Finance and Treasurer of the Company, certify, pursuantto 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of2002, that:

 

(1)                                  The Report fully complies with therequirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934;and

 

(2)                                  The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

 

/s/ Paul E. Yarick

Paul E. Yarick

Senior Vice President-Finance and Treasurer

April 22, 2003

 

A signed original of this written statement requiredby Section 906 has been provided to Interstate Bakeries Corporation and will beretained by Interstate Bakeries Corporation and furnished to the Securities andExchange Commission or its staff upon request.

 

----
*Order Entered March 11, 2013:*

#### *In re*Hernandez/Vera Minors,

Docket No. 312136.

The Court orders that its opinion issued February 7,2013, is hereby vacated. A new opinion will be issued. *

*

 New opinion issued April 16, 2013, as an unpublished opinion per curiam—Reporter.