alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### State of Nebraska, appellee, v. Riccardo Silvacarvalho, appellant.

227 N. W. 2d 602

Filed April 3, 1975.

No. 39714.

*448T. Clement Gaughan, Richard L. Goos, and Robert I. Eberly, for appellant.

Paul L. Douglas, Attorney General, and Marilyn B. Hutchinson, for appellee.

Heard before White, C. J., McCown, Newton, and Clinton, JJ., and Kelly, District Judge.

Newton, J.

Defendant was convicted of burglary and being an habitual criminal. On appeal he assigns as error insufficiency of the evidence and erroneous amendment of the information in regard to the date of a prior conviction. We affirm the conviction.

The evidence reflects that the Consolidated Supply Company building in Lincoln was entered in the early morning hours on February 15, 1974. Two vending machines were broken into and the small change taken. A pocketknife was also missing. Defendant had worked there 2 or 3 hours a few weeks before. He was seen in the vicinity at a late hour on February 14 and again early on the morning of February 15. When arrested the defendant had $4.30 in small change and a knife similar to the one taken. His shoes contained glass particles identified as similar to the glass in a window broken in gaining entry. Defendant’s defense was an alibi. He had been staying at the City Mission and had signed in that night. It was possible for him to leave after signing in. One inmate testified the defendant was in bed every night during February but had no specific *449recollection of the night in question or of other nights. The evidence was sufficient to sustain the conviction if believed. It presented a jury question. It is not the province of this court to resolve conflicts in the evidence, pass on the credibility of witnesses, or weigh the evidence. See State v. Hiatt, 190 Neb. 315, 207 N. W. 2d 678.

The information charged defendant with .being an habitual criminal. An error was made in the date of one conviction. On May 29, 1974, subsequent to trial, an amendment was permitted to correct the date. A 12-day continuance was granted to file briefs. The amendment was permitted on June 11 and the hearing on the habitual criminal charge was held on July 8. The exact time of the commission of an alleged prior felony is .not of the essence of a charge under the Habitual Criminal Act and the failure of the information to accurately state the time of a prior felony does not render the information insufficient. See State v. Harig, 192 Neb. 49, 218 N. W. 2d 884. In this instance the defendant had ample time and opportunity to meet any situation presented by the amendment and was not prejudiced.

Defendant further stated that he was represented by incompetent counsel at the time of one of the prior convictions. The record fails to sustain this allegation.

Defendant received a sentence of 12 to 1-5 years. Although not an assignment of error, he urges the sentence is excessive. The sentence is well within the 10 to 60 years provided by section 29-2221, R. S. Supp., 1974, and the complaint is without merit.

The judgment of the District Court is affirmed.

Affirmed.
###### Editorial Note on Part 23

#### Editorial Note:

Nomenclature changes to part 23 appear at 79 FR 27190, May 13, 2014.

#### § 23.133 Should courts allow participation by alternative methods?

If it possesses the capability, the court should allow alternative methods of participation in State-court child-custody proceedings involving an Indian child, such as participation by telephone, videoconferencing, or other methods.
### §3227. Guidelines and collection method for acquisition of cost data

(a) Director of Cape to Develop Guidelines and Collection Method.—The Director of Cost Assessment and Program Evaluation shall, in consultation with the Under Secretary of Defense for Acquisition and Sustainment, develop policies, procedures, guidance, and a collection method to ensure that quality acquisition cost data are collected to facilitate cost estimation and comparison across acquisition programs.

(b) Applicability to Acquisition Programs in Amount Greater Than Specified Threshold.—The program manager and contracting officer for each acquisition program in an amount greater than $100,000,000, in consultation with the cost estimating component of the relevant military department or Defense Agency, shall ensure that cost data are collected in accordance with the requirements of subsection (a).

(c) Limitation on Waiver Authority.—The requirement under subsection (a) may be waived only by the Director of Cost Assessment and Program Evaluation.

(Added and amended Pub. L. 116–283, div. A, title XVIII, §1812(a), (h), Jan. 1, 2021, 134 Stat. 4174, 4177.)

#### **Editorial Notes**

#### Codification

The text of subsec. (g) of section 2334 of this title, which was transferred to this section and amended by Pub. L. 116–283, §1812(h), was based on Pub. L. 114–328, div. A, title VIII, §842(a)(7), Dec. 23, 2016, 130 Stat. 2289; Pub. L. 116–92, div. A, title IX, §902(53), Dec. 20, 2019, 133 Stat. 1549.

#### Prior Provisions

A prior section 3230, added Pub. L. 85–861, §1(69)(B), Sept. 2, 1958, 72 Stat. 1464, provided that members of Army who are detailed for duty with agencies of United States outside Department of Defense on a reimbursable basis not be counted in computing strengths under any law, prior to repeal by Pub. L. 96–513, title II, §202, title VII, §701, Dec. 12, 1980, 94 Stat. 2878, 2955, effective Sept. 15, 1981.

#### Amendments

2021—Subsec. (a). Pub. L. 116–283, §1812(h)(1), (2)(A), redesignated subsec. (g) of section 2334 of this title as subsec. (a) of this section, substituted "Director of Cape to Develop Guidelines and Collection Method" for "Guidelines and Collection of Cost Data" in heading, and struck out par. (1) designation before "The Director". Amendment striking heading was executed to reflect the probable intent of Congress notwithstanding error in formatting of text. Pars. (2) and (3) of subsec. (a) redesignated subsecs. (b) and (c), respectively.

Subsec. (b). Pub. L. 116–283, §1812(h)(2)(B), redesignated subsec. (a)(2) as (b), inserted heading, and substituted "subsection (a)" for "paragraph (1)".

Subsec. (c). Pub. L. 116–283, §1812(h)(2)(C), redesignated subsec. (a)(3) as (c), inserted heading, and substituted "subsection (a)" for "paragraph (1)".

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date

Section and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.
## Breadcrumb

-  Home 
-  Employers & Practitioners 
-  Other Federal Register Documents 

This page has not been translated. Please go to PBGC.gov's Spanish home page for more information available in Spanish.

Esta página no ha sido traducida. Por favor vaya a la página principal del sitio de español de PBGC para ver información disponible en español.

# Other Federal Register Documents

Other Federal Register documents that PBGC has published by date, title, and document type.

January 13, 2023
# C_2014092EN.01003601.xml

| 29.3.2014 | EN | Official Journal of the European Union | C 92/36 |
| --- | --- | --- | --- |

29.3.2014

EN

Official Journal of the European Union

C 92/36

---

Corrigendum to Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections

(
  Official Journal of the European Union C 50 of 21 February 2014
  )

Official Journal of the European Union C 50 of 21 February 2014

2014/C 92/09

On page 25, the text referring to the State Aid No SA.37607 is cancelled and replaced by the following:

‘Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU

Cases where the Commission raises no objections

(Text with EEA relevance, except for products falling under Annex I of the Treaty)

| Date of adoption of the decision | 16.12.2013 |
| --- | --- |
| Aid number | SA.37607 (2013/N) |
| Member State | Germany |
| Region | HESSEN | — |
| Title (and/or name of the beneficiary) | Hessen- Beihilfen im Zusammenhang mit dem Transport und der Beseitigung von Falltieren |
| Legal basis | § 15 Absatz 2 des Hessischen Ausführungsgesetzes zum Tierseuchengesetz |
| Type of measure | Scheme | — |
| Objective | Animal diseases |
| Form of aid | Subsidized services |
| Budget | | Overall budget: EUR 24,5 (in millions) |

Date of adoption of the decision

16.12.2013

Aid number

SA.37607 (2013/N)

Member State

Germany

Region

HESSEN

—

Title (and/or name of the beneficiary)

Hessen- Beihilfen im Zusammenhang mit dem Transport und der Beseitigung von Falltieren

Legal basis

§ 15 Absatz 2 des Hessischen Ausführungsgesetzes zum Tierseuchengesetz

Type of measure

Scheme

—

Objective

Animal diseases

Form of aid

Subsidized services

Budget

Overall budget: EUR 24,5 (in millions)

| | Annual budget: EUR 3,5 (in millions) |
| --- | --- |

Annual budget: EUR 3,5 (in millions)

Intensity

100 %

Duration (period)

01.01.2014 - 31.12.2020

Economic sectors

All economic sectors eligible to receive aid

Name and address of the granting authority

Die Landkreise in Hessen

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/competition/elojade/isef/index.cfm’

---
§ 1000.270 What does this subpart cover? This subpart explains the applicability of the Federal Tort Claims Act (FTCA). This section covers: ( a ) Coverage of claims arising out of the performance of functions under Self-Governance AFA's; and
( b ) Procedures for filing claims under FTCA.
### §2652. Prohibition on charge of certain tariffs on aircraft traveling through channel routes

The United States Transportation Command may not charge a tariff by reason of the use by a military service of an aircraft of that military service on a route designated by the United States Transportation Command as a channel route.

(Added Pub. L. 115–91, div. A, title X, §1044(a), Dec. 12, 2017, 131 Stat. 1555.)
## Breadcrumb

-  Home 
-  Employers & Practitioners 
-  Mortality, Retirement and PV Max Guarantee 
-  ERISA Section 4044/4050 Mortality Tables 
-  ERISA Section 4050 Mortality Table (Missing Participants)... 

This page has not been translated. Please go to PBGC.gov's Spanish home page for more information available in Spanish.

Esta página no ha sido traducida. Por favor vaya a la página principal del sitio de español de PBGC para ver información disponible en español.

# ERISA Section 4050 Mortality Table (Missing Participants) for 2011 Valuation Dates

This mortality table is used as part of the "missing participant annuity assumptions" as discussed in 29 CFR 4050. This mortality table is also available in EXCEL.

The rate tables applicable for other years are accessible from the main ERISA Section 4044/4050 Mortality Tables page.

November 29, 2018

##           Related Information      

Subscribe to Interest Rate Updates
### §3401. Task and delivery order contracts: definitions

In this chapter:

(1) Delivery order contract.—The term "delivery order contract" means a contract for property—

(A) that does not procure or specify a firm quantity of property (other than a minimum or maximum quantity); and

(B) that provides for the issuance of orders for the delivery of property during the period of the contract.

(2) Task order contract.—The term "task order contract" means a contract for services—

(A) that does not procure or specify a firm quantity of services (other than a minimum or maximum quantity); and

(B) that provides for the issuance of orders for the performance of tasks during the period of the contract.

(Added Pub. L. 103–355, title I, §1004(a)(1), Oct. 13, 1994, 108 Stat. 3253, §2304d; renumbered §3401 and amended Pub. L. 116–283, div. A, title XVIII, §1820(b), Jan. 1, 2021, 134 Stat. 4191.)

#### **Editorial Notes**

#### Amendments

2021—Pub. L. 116–283, §1820(b)(1), (2), renumbered section 2304d of this title as this section, substituted "In this chapter" for "In sections 2304a, 2304b, and 2304c of this title" in introductory provisions, and reversed order and designations of pars. (1) and (2).

Par. (1). Pub. L. 116–283, §1820(b)(3), inserted heading, inserted dash after "for property", and reorganized remainder of text of par. (1) into designated subpars. (A) and (B).

Par. (2). Pub. L. 116–283, §1820(b)(4), inserted heading, inserted dash after "for services", and reorganized remainder of text of par. (2) into designated subpars. (A) and (B).

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 2021 Amendment

Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

#### Effective Date

For effective date and applicability of section, see section 10001 of Pub. L. 103–355, set out as an Effective Date of 1994 Amendment note under section 8752 of this title.

#### Provisions Not Affected by Pub. L. 103–355

This section not to be construed as modifying or superseding, or as intended to impair or restrict, authorities or responsibilities under former 40 U.S.C. 759 or chapter 11 of Title 40, Public Buildings, Property, and Works, see section 1004(d) of Pub. L. 103–355, set out as a note preceding this section.
### TEXA S C OU R T OF A PPEAL S, THIR D DIST R ICT , AT AU STIN
NO. 03-0 8 -00 119 -CV Thomas Borgste dte, M.D ., and excellerx, Inc. a/k/a H ospice P harm acia , Appellan ts

v. De br a Le igh , K e lvi n Le ona r d and T he a K ing , I ndiv idua lly and on Behalf

of the Estate of Bob by Leonard, Decease d , Appellees
F ROM THE DISTRICT CO URT OF F AY ETTE COUNTY , 155TH JUDICIAL DISTRICT

NO. 2007 V-03 4 , HO NORAB LE DAN R. B ECK , JUDGE PRESIDI NG

M E M O R

A N D U M O P I N I O N Ap pe lla nts Th oma s B or g ste dte , M .D ., and e xce lle rx, I

nc . a /k/ a Ho sp ic e Pha

rm a c ia
and a pp e lle e s D e br a

L e ig h, Ke lvi n L e on ard

and Th e a Ki ng , I nd ivi du a lly and on B e ha lf of the Es tate of B obby L eonar d, Dec ease d, have f iled a joint motion t o dismiss this appeal. The motion states that
a pp e lla nts no lon g e r w ish

to p ro se c ute thi s a

pp e a l and that th e pa

rt ie s h a ve a g re e d to vo lun tari ly dis mis s th e a

pp e a l in thi s mat

te r. Ac c or din g ly , we g ra

nt the joi nt mot ion

to d ism iss and

dis mis s th is appea l. See Tex. R. App. P . 42.1(a)
.

__________________________________________ Bob Pembe rton, J ustice Be fore Chief J ustice L aw, Justi ces Pembe rton and Waldrop Dismissed on J oint Moti on Filed: Mar ch 26, 2008
§ 15.106 May a probate case be initiated when an owner of an interest has been absent? ( a ) A probate case may be initiated when either: ( 1 ) Information is provided to us that an owner of an interest in trust or restricted land or trust personalty has been absent without explanation for a period of at least 6 years; or
( 2 ) We become aware of other facts or circumstances from which an inference may be drawn that the person has died.
( b ) When we receive information as described in § 15.106(a), we may begin an investigation into the circumstances, and may attempt to locate the person. We may: ( 1 ) Search available electronic databases;
( 2 ) Inquire into other published information sources such as telephone directories and other available directories;
( 3 ) Examine BIA land title and lease records;
( 4 ) Examine the IIM account ledger for disbursements from the account; and
( 5 ) Engage the services of an independent firm to conduct a search for the owner.
( c ) When we have completed our investigation, if we are unable to locate the person, we may initiate a probate case and prepare a file that may include all the documentation developed in the search.
( d ) We may file a claim in the probate case to recover the reasonable costs expended to contract with an independent firm to conduct the search.
Editorial Note on Part 224
Editorial Note: Nomenclature changes to part 224 appear at 84 FR 69611, Dec. 18, 2019.

§ 224.113 What must the Tribe do after it completes petition consultation with the Secretary? ( a ) Within 45 days of receiving the Secretary's notice that the petition consultation is complete, the Tribe must respond to any claim made in the petition by submitting a written response to the Secretary; and
( b ) Within a reasonable time after 45 days following the completion of the petition consultation process, the Tribe must cure or otherwise resolve each claim of noncompliance made in the petition.
### Atlantic Continental Shelf and Slope of the United States - Shallow structure

By: Elazar Uchupi

                            https://doi.org/10.3133/pp529I

#### Links

-                                                                                                                             Document:                                                                                                                                                                                                                                                  **Report**                                                                                                     (7547 pdf)                                                                                                                                     
- Plate:  **Plate 1**                            (4367 pdf)                        
- Download citation as:  RIS                         |                         Dublin                            Core

#### Abstract

Part or all of this report is presented in Portable Document Format                        (PDF). For best results viewing and printing PDF documents, it is recommended that you download                        the documents to your computer and open them with Adobe Reader. PDF documents opened from your                        browser may not display or print as intended. Download the latest version of Adobe Reader, free of charge. More information                        about viewing, downloading, and printing report files can be found at the common download problems FAQ.
### SUBCHAPTER II—DEFINITIONS APPLICABLE TO PROCUREMENT GENERALLY

Sec.
3011.
Definitions incorporated from title 41.
3012.
Competitive procedures.
3013.
Technical data.
3014.
Nontraditional defense contractor.
3015.
Simplified acquisition threshold.
3016.
Chapter 137 legacy provisions.
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#### § 115.810 May a tribe directly invest and manage its trust funds?

A tribe may apply to withdraw its trust funds from OTFM for investment and management by the tribe. The tribe's request to withdraw funds must be in accordance with the requirements of the Trust Reform Act and 25 CFR part 1200, subpart B, unless otherwise specified by statutory language or the controlling document which governs the use of the trust funds.
### §2261. Presentation of recognition items for recruitment and retention purposes

(a) Expenditures for Recognition Items.—Under regulations prescribed by the Secretary of Defense, appropriated funds may be expended—

(1) to procure recognition items of nominal or modest value for recruitment or retention purposes; and

(2) to present such items—

(A) to members of the armed forces; and

(B) to members of the families of members of the armed forces, and other individuals, recognized as providing support that substantially facilitates service in the armed forces.

(b) Provision of Meals and Refreshments.—For purposes of section 520c of this title and any regulation prescribed to implement that section, functions conducted for the purpose of presenting recognition items described in subsection (a) shall be treated as recruiting functions, and recipients of such items shall be treated as persons who are the objects of recruiting efforts.

(c) Recognition Items of Nominal or Modest Value.—In this section, the term "recognition item of nominal or modest value" means a commemorative coin, medal, trophy, badge, flag, poster, painting, or other similar item that is valued at less than $50 per item and is designed to recognize or commemorate service in the armed forces.

(Added Pub. L. 109–163, div. A, title V, §589(a)(1), Jan. 6, 2006, 119 Stat. 3279; amended Pub. L. 109–364, div. A, title V, §594, Oct. 17, 2006, 120 Stat. 2235.)

#### **Editorial Notes**

#### Amendments

2006—Subsec. (d). Pub. L. 109–364 struck out heading and text of subsec. (d). Text read as follows: "The authority under this section shall expire December 31, 2007."
Editorial Note on Part 224
Editorial Note: Nomenclature changes to part 224 appear at 84 FR 69611, Dec. 18, 2019.

§ 224.88 What must the Secretary do after receiving notice of a violation or breach from the Tribe? After receiving notice of a violation or breach from the Tribe, the Secretary will: ( a ) Review the notice and conduct an investigation under § 224.135(b) including, as necessary: ( 1 ) An on-site inspection; and
( 2 ) A review of relevant records, including transactions and reports.
( b ) If the Secretary determines, after the investigation, that a violation or breach is not causing or will not cause imminent jeopardy to a physical trust asset, the Secretary will review, for concurrence or disapproval, the corrective action to be taken or imposed by the Tribe and the proposed period for completion of the corrective action;
( c ) If the Secretary determines, after the investigation, that a violation or breach is causing or will cause imminent jeopardy to a physical trust asset, the Secretary will proceed under the imminent jeopardy provisions of subpart F of this part.