alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. Ronald Jay MILLER, Defendant-Appellant.

No. 13-30225.

United States Court of Appeals, Ninth Circuit.

Submitted April 7, 2014.*

Filed April 11, 2014.

Paulette Lynn Stewart, Assistant U.S., Office of the U.S. Attorney, Helena, MT, Leif Johnson, Assistant U.S. Office of the U.S. Attorney, Billings, MT, for Plaintiff-Appellee.

Michael Donahoe, Esquire, Assistant Federal Public Defender, Helena, MT, for Defendant-Appellant.

Before: TASHIMA, GRABER, and IKUTA, Circuit Judges.

*

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

MEMORANDUM **

Ronald Jay Miller appeals from the district court’s judgment and challenges the 120-month sentence imposed following his guilty-plea conviction for accessing with intent to view child pornography, in violation of 18 U.S.C. § 2252A(a)(5)(B). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

*503Miller contends that the district court erred by concluding that his prior conviction for sexual assault, in violation of Mont. Code Ann. § 45-5-502, was an offense “relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward,” triggering a 10-year statutory mandatory minimum sentence. *See*18 U.S.C. § 2252A(b)(2). This contention is foreclosed by *United States v. Sinerius,*504 F.3d 737, 744 (9th Cir.2007). We reject Miller’s argument that the rule of lenity, as recently described by the Supreme Court, requires us to overrule *Sinerius. See Barber v. Thomas,*560 U.S. 474, 488, 130 S.Ct. 2499, 177 L.Ed.2d 1 (2010) (rule of lenity “only applies if, after considering text, structure, history, and purpose, there remains a grievous ambiguity or uncertainty in the statute”) (internal quotations omitted); *see also Miller v. Gammie,*335 F.3d 889, 892-93 (9th Cir.2003) (en banc) (three judge panel is bound by circuit precedent unless that precedent is “clearly irreconcilable” with intervening higher authority).

Further, contrary to Miller’s contention, the existence of a prior conviction is a sentencing factor, not an element of the crime; therefore, it need not be charged in the indictment or found by the jury. *See Almendarez-Torres v. United States,*523 U.S. 224, 235, 241, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998); *see also Alleyne v. United States,*— U.S. -, 133 S.Ct. 2151, 2160 n. 1, 186 L.Ed.2d 314 (2013) (declining to revisit *Almendarez-Torres).*

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
* 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 December 9, 2003 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-40872 Conference Calendar

BENJAMIN TILLMAN, Petitioner-Appellant,

versus UNITED STATES PENITENTIARY; R. D. MILES, Warden, Respondents-Appellees.

-------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:03-CV-314

-------------------- Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM: * Benjamin Tillman, federal inmate # 04060-017, appeals the district court’s dismissal of his 28 U.S.C. § 2241 petition. Because Tillman’s 28 U.S.C. § 2241 petition challenged the legality of his conviction, Tillman was required to show that 28 U.S.C. § 2255 provided him with an inadequate or ineffective remedy. See Pack v. Yusuff , 218 F.3d 448, 452 (5th Cir. 2000). “[T]he savings clause of § 2255 applies to a claim (i) that is based on a retroactively applicable Supreme Court decision whichNo. 03-40872 -2- established that the petitioner may have been convicted of a nonexistent offense and (ii) that was foreclosed by circuit law at the time when the claim should have been raised in the petitioner’s trial, appeal, or first § 2255 motion." ReyesRequena v. United States , 243 F.3d 893, 904 (5th Cir. 2001). To bring his claim under the “savings clause,” Tillman argues that he could not have brought the instant claim that the sentencing court was without jurisdiction to sentence him until 1998, when the Eleventh Circuit issued Harris v. United States , 149 F.3d 1304 (11th Cir. 1998). Harris , however, is not a retroactively applicable Supreme Court decision establishing that Tillman may have been convicted of a nonexistent offense. Because Tillman fails to identify any authority demonstrating that he was convicted of a non-existent offense, his jurisdictional challenge to his conviction fails to satisfy the first prong of the Reyes-Requena test. The district court’s dismissal of Tillman’s 28 U.S.C. § 2241 petition is therefore
AFFIRMED.
[Federal Register Volume 66, Number 2 (Wednesday, January 3, 2001)]
[Notices]
[Page 371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-54]


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

FEDERAL RESERVE SYSTEM


Formations of, Acquisitions by, and Mergers of Bank Holding 
Companies

    The companies listed in this notice have applied to the Board for 
approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 
1841 et seq.) (BHC Act), Regulation Y (12 CFR part 225), and all other 
applicable statutes and regulations to become a bank holding company 
and/or to acquire the assets or the ownership of, control of, or the 
power to vote shares of a bank or bank holding company and all of the 
banks and nonbanking companies owned by the bank holding company, 
including the companies listed below.
    The applications listed below, as well as other related filings 
required by the Board, are available for immediate inspection at the 
Federal Reserve Bank indicated. The application also will be available 
for inspection at the offices of the Board of Governors. Interested 
persons may express their views in writing on the standards enumerated 
in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the 
acquisition of a nonbanking company, the review also includes whether 
the acquisition of the nonbanking company complies with the standards 
in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, 
nonbanking activities will be conducted throughout the United States. 
Additional information on all bank holding companies may be obtained 
from the National Information Center website at www.ffiec.gov/nic/.
    Unless otherwise noted, comments regarding each of these 
applications must be received at the Reserve Bank indicated or the 
offices of the Board of Governors not later than January 26, 2001.
    A. Federal Reserve Bank of Philadelphia (Michael E. Collins, Senior 
Vice President) 100 North 6th Street, Philadelphia, Pennsylvania 19105-
1521:
    1. Juniper Financial Corp., Wilmington, Delaware; to become a bank 
holding company by acquiring 100 percent of the voting shares of First 
Bank, CBC, Maryville, Missouri.
    B. Federal Reserve Bank of Kansas City (D. Michael Manies, 
Assistant Vice President) 925 Grand Avenue, Kansas City, Missouri 
64198-0001:
    1. The Viking Corporation, Omaha, Nebraska; to acquire up to 45.5 
percent of the voting shares of K.B.J. Enterprises, Inc., Omaha, 
Nebraska, and thereby indirectly acquire additional voting shares of 
Sibley State Bank, Denison, Iowa.

    Board of Governors of the Federal Reserve System, December 27, 
2000.
Jennifer J. Johnson
Secretary of the Board.
[FR Doc. 01-54 Filed 1-3-01; 8:45 am]
BILLING CODE 6210-01-S
II 

115TH CONGRESS 

1ST SESSION S. 283 

To amend title 38, United States Code, to provide for the treatment of 

veterans who participated in the cleanup of Enewetak Atoll as radiation 

exposed veterans for purposes of the presumption of service-connection 

of certain disabilities by the Secretary of Veterans Affairs, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 2, 2017 

Mr. FRANKEN (for himself, Mr. TILLIS, Mr. COONS, Mr. MERKLEY, Mr. 

WYDEN, and Ms. HIRONO) introduced the following bill; which was read 

twice and referred to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to provide for the 

treatment of veterans who participated in the cleanup 

of Enewetak Atoll as radiation exposed veterans for purposes of the presumption of service-connection of certain 

disabilities by the Secretary of Veterans Affairs, and 

for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Mark Takai Atomic 

5 Veterans Healthcare Parity Act’’. 


sradovich on DSK3GMQ082PROD with BILLS
2 

•S 283 IS

1 SEC. 2. TREATMENT OF VETERANS WHO PARTICIPATED IN 

2 CLEANUP OF ENEWETAK ATOLL AS RADI3 ATION EXPOSED VETERANS FOR PURPOSES 

4 OF PRESUMPTION OF SERVICE-CONNECTION 

5 OF CERTAIN DISABILITIES BY DEPARTMENT 

6 OF VETERANS AFFAIRS. 

7 Section 1112(c)(3)(B) of title 38, United States 

8 Code, is amended by adding at the end the following new 

9 clause: 

10 ‘‘(v) Cleanup of Enewetak Atoll during the 

11 period beginning on January 1, 1977, and end12 ing on December 31, 1980.’’. 

Æ 


sradovich on DSK3GMQ082PROD with BILLS
II 

115TH CONGRESS 

2D SESSION S. 2860 

To amend the Internal Revenue Code of 1986 to allow first responders 

to continue to exclude service-connected disability pension payments after 

reaching the age of retirement. 

IN THE SENATE OF THE UNITED STATES 

MAY 16, 2018 

Mr. DAINES (for himself, Mr. COONS, Mr. CASEY, and Mr. TESTER) introduced the following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To amend the Internal Revenue Code of 1986 to allow first 

responders to continue to exclude service-connected disability pension payments after reaching the age of retirement. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Putting First-Re5 sponders First Act’’. 


amozie on DSK3GDR082PROD with BILLS
2 

•S 2860 IS

1 SEC. 2. CONTINUED EXCLUSION OF FIRST RESPONDER 

2 SERVICE-CONNECTED DISABILITY PAYMENTS 

3 AFTER AGE OF RETIREMENT. 

4 (a) IN GENERAL.—Section 104 of the Internal Rev5 enue Code of 1986 is amended by redesignating subsection 

6 (d) as subsection (e) and by inserting after subsection (c) 

7 the following new subsection: 

8 ‘‘(d) SPECIAL RULE FOR FIRST RESPONDER SERV9 ICE-CONNECTED DISABILITY PAYMENTS AFTER AGE OF

10 RETIREMENT.— 

11 ‘‘(1) IN GENERAL.—In the case of an individual 

12 who receives a service-connected disability excludible 

13 amount, gross income shall not include such amount 

14 of any retirement pension or annuity which— 

15 ‘‘(A) is received by such individual with re16 spect to the service to which the service-con17 nected disability excludible amount relates, 

18 ‘‘(B) is determined by reference to the in19 dividual’s age, length of service, or contribu20 tions, and 

21 ‘‘(C) does not exceed the service-connected 

22 disability excludable amount (determined on an 

23 annualized basis under such regulations or 

24 other guidance as the Secretary may prescribe). 

25 ‘‘(2) SERVICE-CONNECTED DISABILITY EXCLUD26 IBLE AMOUNT.—For purposes of this subsection, the 


amozie on DSK3GDR082PROD with BILLS
3 

•S 2860 IS

1 term ‘service-connected disability excludible amount’ 

2 means an amount received by an individual which 

3 ceases upon reaching retirement age and is not in4 cludible in gross income under subsection (a)(1) by 

5 reason of a service-connected disability as a law en6 forcement officer (as such term is defined in section 

7 1204 of the Omnibus Crime Control and Safe 

8 Streets Act of 1968), an employee in fire protection 

9 activities (as such term is defined in section 3(y) of 

10 the Fair Labor Standards Act of 1938), or an indi11 vidual who provides out-of-hospital emergency med12 ical care (including emergency medical technician, 

13 paramedic, or first-responder).’’. 

14 (b) EFFECTIVE DATE.—The amendments made by 

15 this section shall apply to taxable years beginning after 

16 the date of the enactment of this Act. 

Æ 


amozie on DSK3GDR082PROD with BILLS
**Exhibit      32.2**

**CERTIFICATION      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 Annual Report of Western Goldfields Inc., (the “Company”) on      Form 10-KSB for the period ending December 31, 2007, as filed with the      Securities and Exchange Commission on the date hereof (the “Report”), I, Brian      Penny, Principal Financial Officer of the Company, certify, pursuant to 81      U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley      Act of 2002, that:

|   | 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 Western                Goldfields Inc. |
|--------|----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| /s/ Brian                Penny        |
|--------------------------------------------|
| Brian                Penny                 |
| Principal                Financial Officer |

----
SECURITIES AND EXCHANGE COMMISSION


WASHINGTON, DC 20549





FORM 8-K





CURRENT REPORT


PURSUANT TO SECTION 13 OR 15(d) OF THE


SECURITIES EXCHANGE ACT OF 1934





August 10, 2009


Date of report (Date of earliest event reported)
















Petroleum Development Corporation


Exact Name of Registrant as Specified in Charter





Nevada
0-7246
95-2636730State or Other Jurisdiction
of Incorporation
Commission
File Number
IRS Employer
Identification Number





1775 Sherman Street, Suite 3000, Denver, CO 80203


Address of Principal Executive Offices





303-860-5800


Registrant's telephone number, including area code





Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing


obligation of the registrant under any of the following provisions (see General Instruction A.2. below):





[     ]
Written communications pursuant to Rule 425 under Securities Act (17 CFR 230.425)[     ]
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)[     ]
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))[     ]
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))








No Change


Former Name or Former Address, if Changed Since Last Report











Item 7.01.                      Regulation FD Disclosure


Item 9.01.                      Financial Statements and Exhibits





The following information is furnished pursuant to both Item 7.01 and 9.01 announcing a common stock offering.





Information included in this report, and in Exhibit 99.1, shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (The Exchange Act), or incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, except as expressly set forth by
specific reference in the filing.





The press release furnished as an exhibit to this report includes forward-looking statements within the meaning of the Securities Act of 1933 and the Securities Exchange Act of 1934.  Such forward-looking statements are subject to certain risks and uncertainties, as disclosed by the Company from time to time in its filings with
the Securities and Exchange Commission.  As a result of these factors, the Company’s actual results may differ materially from those indicated or implied by such forward-looking statements.  Except as required by law, we disclaim any obligation to publicly update or revise forward looking statements after the date of this report to conform them to actual results.





EXHIBIT INDEX





Item 9.01.                       Financial Statements and Exhibits.





Exhibit
No.

Description99.1

PRESS RELEASE





SIGNATURES





Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.








PETROLEUM DEVELOPMENT CORPORATION





Date:
August 10, 2009By:
/s/ Richard W. McCulloughRichard W. McCulloughChairman and CEO
| (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. |
|-----------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                  |   |                                              |   |
|---------------------------------------|--------|---------------------------------------------------|--------|
| Dated:  March      31, 2009 | By:    | /s/ Steven      Y. Moskowitz                 |   |
|                                  |   | Steven      Y. Moskowitz                          |   |
|                                  |   | Chief      Executive Officer, President, Director |   |
|                                  |   | and      Principal Accounting Officer             |   |
### D ISTRICT 

### C OURT 

### O F 

### APPEAL 

### O F 

### F LORIDA 

### S ECOND 

### D ISTRICT

SAHAR RIZK, Appellant,
v. EMAD SADIK, Appellee. No. 2D20-520 September 1, 2021 Appeal from the Circuit Court for Pasco County; David R. Ellis, Judge. Michael R. Warren of Warren Law Firm, St. Petersburg, for Appellant. Mark A. Neumaier, Tampa, for Appellee. PER CURIAM. Affirmed. MORRIS, C.J., and SILBERMAN and LaROSE, JJ., Concur. Opinion subject to revision prior to official publication.
# Fourth Court of Appeals

**San Antonio, Texas**

JUDGMENT

No. 04

- 19

- 00053

- CR

Robert GARCIA , Jr.,

Appellant

v.

The STATE of Texas,

Appellee

From the 399th Judicial District Court, Bexar County, Texas

Trial Court No. 2017CR13227

Honorable Frank J. Castro, Judge Presiding

BEFORE JUSTICE MARTINEZ

, JUSTICE ALVAREZ , AND JUSTICE CHAPA

In accordance with this court’s opinion of this date, the judgment of the trial court is

AFFIRMED.

SIGNED January 22, 2020.

_____________________________ Rebeca C. Martinez, Justice
[Federal Register Volume 66, Number 6 (Tuesday, January 9, 2001)]
[Notices]
[Page 1656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-519]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13-016]


Erie Boulevard Hydropower L.P. Green Island Power Authority; 
Notice of Transfer of Ownership Pursuant to an Order of Condemnation 
and Designation of New Licensee

January 3, 2001.
    On July 14, 2000, as supplemented September 7, 2000, the Green 
Island Power Authority (Authority) filed a notice, in accordance with 
section 14(a) of the Federal Power Act (FPA), 16 U.S.C. 807(a), stating 
that on July 11, 2000, the Supreme Court of the State of New York 
entered an order of condemnation whereby the property that constitutes 
the licensed Green Island Project No. 13 was vested in the Authority. 
Project No. 13 is located on the Hudson River, at the U.S. Army Corps 
of Engineers' Troy Lock and Dam in Albany County, New York.\1\
---------------------------------------------------------------------------

    \1\ The Commission issued the original license for the project 
to Henry Ford and Son, Inc., in 1921. See First Annual Report of the 
Federal Power Commission, pp. 110, 195. It issued a new license for 
the project to Niagara Mohawk Power Company in 1977. 57 FPC 817. The 
new license expires at the end of March 2, 2011. Recently, the 
Commission approved a transfer of the project license to Erie 
Boulevard Hydropower, L.P. 88 FERC para. 62,082 (1999), reh'g 
denied, 90 FERC para. 61,148 (2000).
---------------------------------------------------------------------------

    Section 14(a) of the FPA states that ``the right of the United 
States or any State or municipality to take over, maintain, and operate 
any project licensed under this Act at any time by condemnation 
proceedings upon payment of just compensation is hereby expressly 
reserved.'' The Authority's filing demonstrate that it is 
``municipality'' as defined in Section 3(8) of the FPA (16 U.S.C. 
796(8)); that it has fulfilled the conditions of the condemnation 
court's order, which therefore vests the project's property in it; and 
that it intends to operate the project as the licensee.
    In accordance with Section 14(a) of the FPA, the Authority is 
recognized as the licensee for Project No. 13.

David P. Boergers,
Secretary.
[FR Doc. 01-519 Filed 1-8-01; 8:45 am]
BILLING CODE 6717-01-M
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2807 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2807

                 For the relief of John Demjanjuk, Sr.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 29, 1993

Mr. Traficant introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
                 For the relief of John Demjanjuk, Sr.

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

SECTION 1. PAROLE.

    Notwithstanding any other provision of law, the Attorney General 
shall parole into the United States, John Demjanjuk, Sr.

SEC. 2. GRANT OF NATURALIZATION TO JOHN DEMJANJUK, SR.

    (a) In General.--Notwithstanding any requirement of the Immigration 
and Nationality Act or any other provision of law, John Demjanjuk, Sr., 
shall be naturalized as a citizen of the United States upon the filing 
of the appropriate application and upon being administered the oath of 
renunciation and allegiance in an appropriate ceremony pursuant to 
section 337 of the Immigration and Nationality Act.
    (b) Deadline for Application and Payment of Fees.--Subsection (a) 
shall apply only if the application for naturalization is filed with 
appropriate fees within 1 year after the date of the enactment of this 
Act.

                                 <all>
```