alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
(67 South. 950)

No. 20859.

#### STATE v. CROSS et al.

(Feb. 23, 1915.

Rehearing Denied March 22, 1915.)

Appeal from First Judicial District Court, Parish of Caddo; J. R. Land, Judge.

Cal Cross and others were convicted of violating an ordinance of a police jury, and appeal.

Reversed, and defendants ordered discharged.

Sebeen. & Blanchard and E. P. Mills, all of Shreveport, for appellants. R. G. Pleasant, Atty. Gen., and W. A. Mabry, Dist. Atty., of Shreveport (G. A. Gondran, of New Orleans, of counsel), for the State.

MONROE, C. J.

This case presents the same questions that are presented in the cases of State v. Hagen, 67 South. 935,2 and State v. Wliitbeck and Harris, 67 South. 949,3 and is governed by the same principles of law. For the reasons assigned in those cases, therefore, ■the convictions and sentences herein appealed from are set aside, and the defendants ordered to be discharged.

PROVOSTY, LAND, and O’NIELL, JJ., concur in the decree on the ground that the police jury was without authority to pass the ordinance in question.

O^NIELL, J., is also of the opinion that this court is without jurisdiction, for the reasons assigned in his dissenting opinion in State v. Hagen, 67 South. 942.
**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 quarterly report of New Mexico Software, Inc. (the "Company") on Form 10-QSB for the quarter ended June 30, 2006, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), the undersigned principal executive officer and the principal financial officer of the Company, hereby certify pursuant to 18 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 the Company. |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------|

 

Date:  August 14, 2006

 

/s/ Richard Govatski

Richard Govatski, President

(Principal Executive Officer)

 

/s/ Teresa Dickey

Teresa Dickey, Treasurer

(Principal Financial Officer)
### §791. Congressional declaration of purpose

The purposes of this chapter are (1) to provide for a means to assist in meeting the essential needs of the United States for fuels, in a manner which is consistent, to the fullest extent practicable, with existing national commitments to protect and improve the environment, and (2) to provide requirements for reports respecting energy resources.

(Pub. L. 93–319, §1(b), June 22, 1974, 88 Stat. 246.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 93–319 which, in addition to enacting this chapter and provision set out as a note under this section, enacted sections 1857c–10 and 1857f–6f of Title 42, The Public Health and Welfare, and amended sections 1857b–1, 1857c–5, 1857c–8, 1857c–9, 1857d–1, 1857f–1, 1857f–6e, 1857f–7, 1857h–5, and 1857l of Title 42. For complete classification of this Act to the Code, see Tables.

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

#### Short Title

Pub. L. 93–319, §1(a), June 22, 1974, 88 Stat. 246, provided that Pub. L. 93–319 [enacting this chapter, enacting sections 1857c–10 and 1857f–6f of Title 42, The Public Health and Welfare, and amending sections 1857b–1, 1857c–5, 1857c–8, 1857c–9, 1857d–1, 1857f–1, 1857f–6e, 1857f–7, 1857h–5, and 1857l of Title 42] may be cited as the "Energy Supply and Environmental Coordination Act of 1974".
§ 115.361 Staff and agency reporting duties. ( a ) The agency shall require all staff to report immediately and according to agency policy any knowledge, suspicion, or information they receive regarding an incident of sexual abuse or sexual harassment that occurred in a facility, whether or not it is part of the agency; retaliation against residents or staff who reported such an incident; and any staff neglect or violation of responsibilities that may have contributed to an incident or retaliation.
( b ) The agency shall also require all staff to comply with any applicable mandatory child abuse reporting laws.
( c ) Apart from reporting to designated supervisors or officials and designated State or local services agencies, staff shall be prohibited from revealing any information related to a sexual abuse report to anyone other than to the extent necessary, as specified in agency policy, to make treatment, investigation, and other security and management decisions.
( d ) ( 1 ) Medical and mental health practitioners shall be required to report sexual abuse to designated supervisors and officials pursuant to paragraph (a) of this section, as well as to the designated State or local services agency where required by mandatory reporting laws.
( 2 ) Such practitioners shall be required to inform residents at the initiation of services of their duty to report and the limitations of confidentiality.
( e ) ( 1 ) Upon receiving any allegation of sexual abuse, the facility head or his or her designee shall promptly report the allegation to the appropriate agency office and to the alleged victim's parents or legal guardians, unless the facility has official documentation showing the parents or legal guardians should not be notified.
( 2 ) If the alleged victim is under the guardianship of the child welfare system, the report shall be made to the alleged victim's caseworker instead of the parents or legal guardians.
( 3 ) If a juvenile court retains jurisdiction over the alleged victim, the facility head or designee shall also report the allegation to the juvenile's attorney or other legal representative of record within 14 days of receiving the allegation.
( f ) The facility shall report all allegations of sexual abuse and sexual harassment, including third-party and anonymous reports, to the facility's designated investigators.
#### § 31.503 Notice of proposed use of funds.

The mechanism for a State to report on the proposed use of funds by the State or by a subgrantee unit of local government is by electronic submission of a “Follow Up Information Form” to be provided to each participating State. The purpose of this report is for the State to provide assurances to OJJDP that funds expended by the State and its subgrantee units of local government will be used for authorized program purpose areas. Although no actual program descriptions will be required, information about the distribution of funds among the authorized program purpose areas must be provided. Upon receipt and review of the “Follow Up Information Form” by OJJDP, States may obligate program funds retained for expenditure at the State level. Similarly, the State shall require that each recipient unit of local government submit its proposed use of non-administrative funds to the State prior to drawdown of subgrant funds to implement local programs and projects. Upon receipt and review of the local unit of government's proposed fund use, the State shall authorize the local unit of government to obligate local subgrant funds. The State shall electronically submit a copy of the local subgrant information to OJJDP, as provided in the award package, within 30 days of the date that the local unit of government is authorized to obligate program funds under its subgrant award.
§ 51.45 Request for reconsideration. ( a ) The submitting authority may at any time request the Attorney General to reconsider an objection.
( b ) Requests may be in letter or any other written form and should contain relevant information or legal argument.
( c ) Notice of the request will be given to any party who commented on the submission or requested notice of the Attorney General's action thereon and to interested parties registered under § 51.32. In appropriate cases the Attorney General may request the submitting authority to give local public notice of the request.
EXHIBIT 32

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


         In connection with the Quarterly Report of White Horse Resources, Inc.,
on Form 10-QSB for the period ending March 31, 2004 as filed with the Securities
and Exchange Commission on the date hereof (the "REPORT"),  the undersigned,  B.
Stephen Bailey,  Chief Executive Officer and Principal Accounting Officer of the
Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to ss.
906 of the  Sarbanes-Oxley  Act of 2002,  that to the best of my  knowledge  and
belief:

         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.


Date: April 19, 2004

/s/ B. Stephen Bailey
B. Stephen Bailey
President
(Principal Executive & Accounting Officer)


A signed  original of this written  statement  required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the  electronic  version of this written  statement
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.
### §3114. Preference for subsistence uses

Except as otherwise provided in this Act and other Federal laws, the taking on public lands of fish and wildlife for nonwasteful subsistence uses shall be accorded priority over the taking on such lands of fish and wildlife for other purposes. Whenever it is necessary to restrict the taking of populations of fish and wildlife on such lands for subsistence uses in order to protect the continued viability of such populations, or to continue such uses, such priority shall be implemented through appropriate limitations based on the application of the following criteria:

(1) customary and direct dependence upon the populations as the mainstay of livelihood;

(2) local residency; and

(3) the availability of alternative resources.

(Pub. L. 96–487, title VIII, §804, Dec. 2, 1980, 94 Stat. 2423; Pub. L. 105–83, title III, §316(b)(5), (d), Nov. 14, 1997, 111 Stat. 1593, 1595.)

#### **Editorial Notes**

#### References in Text

This Act, referred to in text, is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371, known as the Alaska National Interest Lands Conservation Act. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables.

#### Amendments

1997—Pub. L. 105–83, §316(b)(5), which directed the designation of existing provisions as subsec. (a) and the addition of subsec. (b) reading as follows: "The priority granted by this section is for a reasonable opportunity to take fish and wildlife. For the purposes of this subsection, the term 'reasonable opportunity' means an opportunity, consistent with customary and traditional uses (as defined in section 3113(3) of this title), to participate in a subsistence hunt or fishery with a reasonable expectation of success, and does not mean a guarantee that fish and wildlife will be taken." was repealed by Pub. L. 105–83, §316(d). See Effective and Termination Dates of 1997 Amendment note below.

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

#### Effective and Termination Dates of 1997 Amendment

Until laws are adopted in Alaska which provide for definition, preference, and participation specified in sections 3113 to 3115 of this title, amendment by Pub. L. 105–83 was effective only for purpose of determining whether State's laws provide for such definition, preference, and participation, and such amendment was repealed on Dec. 1, 1998, because such laws had not been adopted, see section 316(d) of Pub. L. 105–83 set out as a note under section 3102 of this title.
116TH CONGRESS 

2D SESSION S. CON. RES. 38 

CONCURRENT RESOLUTION 

1 Resolved by the Senate (the House of Representatives 

2 concurring), 

3 SECTION 1. ESTABLISHMENT OF JOINT COMMITTEE. 

4 There is established a Joint Congressional Committee 

5 on Inaugural Ceremonies (in this resolution referred to as 

6 the ‘‘joint committee’’) consisting of 3 Senators and 3 

7 Members of the House of Representatives, to be appointed 

8 by the President of the Senate and the Speaker of the 

9 House of Representatives, respectively. The joint com10 mittee is authorized to make the necessary arrangements 

11 for the inauguration of the President-elect and Vice Presi12 dent-elect of the United States on January 20, 2021. 

13 SEC. 2. SUPPORT OF THE JOINT COMMITTEE. 

14 The joint committee— 

15 (1) is authorized to utilize appropriate equip16 ment and the services of appropriate personnel of 

17 departments and agencies of the Federal Govern18 ment, under arrangements between the joint com19 mittee and the heads of those departments and 
2 

†SCON 38 ES 

1 agencies, in connection with the inaugural pro2 ceedings and ceremonies; and 

3 (2) may accept gifts and donations of goods 

4 and services to carry out its responsibilities. 

Passed the Senate May 6, 2020. 

Attest: 

Secretary. 

116TH CONGRESS 

2D SESSION S. CON. RES. 38 

CONCURRENT RESOLUTION 

To establish the Joint Congressional Committee on 

United States on January 20, 2021. President-elect and Vice President-elect of the Inaugural Ceremonies for the inauguration of the
#### § 401.21 Scope.

This subpart shall govern the submission, consideration and inclusion of projects into the Water Resources Program.
### §145. Exchange of lands

In cases in which a tract covered by an unperfected bona fide claim or by a patent is included within the limits of this park, the settler or owner thereof may, if he desires to do so, relinquish the tract to the Government and secure other land, outside of the park, in accordance with the provisions of the law relating to the subject of such relinquishment of lands in national forests in the State of South Dakota.

(Jan. 9, 1903, ch. 63, §5, 32 Stat. 766.)
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-5097

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus TIGE NIGEL UTLEY, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Senior District Judge. (CR-99-105) Submitted: May 31, 2006 Decided: February 1, 2007 Before WILKINSON, NIEMEYER, and MOTZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Thomas P. McNamara, Federal Public Defender, Devon L. Donahue, Assistant Federal Public Defender, Raleigh, North Carolina, for Appellant. Frank D. Whitney, United States Attorney, Anne M. Hayes, Christine Witcover Dean, Assistant United States Attorneys, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit.- 2 - PER CURIAM: Tige Nigel Utleyappeals the dis trict court’s order revoking his supervised release and sentencing him to twenty-four months’ imprisonment. Finding no reversible error, we affirm. Utley contends that his sentence is unreasonable. We note that while the sentence was substantially above the advisory guideline range of eight to fourteen months, see U.S. Sentencing Guidelines Manual § 7B1.4(a) (2000), it was within the applicable statutory maximum of two years. See 18 U.S.C. § 3583(e)(3) (2000). Additionally, the court considered the permissible 18 U.S.C.A. § 3553(a) (West 2000 & Supp. 2006) factors when imposing sentence. See 18 U.S.C. § 3583(e)(3). Further, while the district court recognized the advisory guideline range, the court sufficiently explained its reasons for imposing a significantly longer sentence

- Utley repeatedly violated the terms of his supervised release by testing positive for use of controlled substances on several occasions and by failing to undergo directed drug treatment. We conclude that the sentence imposed upon revocation of supervised release was not plainly unreasonable. See United States v. Crudup , 461 F.3d 433, 437 (4th Cir. 2006). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED
§ 707.4 Definitions. ( a ) *Responsible Federal Official (RFO).* The “Responsible Federal Official (RFO)” is the official of the Federal Government designated by this rule who shall be responsible for the implementation of NEPA, including regulations issued by the CEQ (40 CFR parts 1500 through 1508) and the rule. Of particular importance, the RFO determines the need for an Environmental Assessment or Environmental Impact Statement (EIS) in accordance with § 707.8 (a)(2) and (b), and if an EIS is required, files the draft and final EIS, makes the Record of Decision and assures appropriate public involvement in accordance with 40 CFR 1506.6. The Chairman of the RBC's are the RFO's for the purpose of ensuring compliance with the provisions of NEPA and the P&S for those activities which are funded in whole or in part through the WRC and carried out by the RBC's, such as framework studies, special studies, comprehensive coordinated joint plans, regional or river basin (Level B) plans and revisions thereof. The Chairman of the WRC, or his designee, is the RFO for complying with the provisons of NEPA and the P&S for those framework studies, regional or river basin plans, comprehensive coordinated joint plans, and special studies which are funded by the WRC and carried out by WRC interagency committees and WRC coordinating committees; principles, standards and procedures for planning water and related land resources; rules and regulations of the WRC, and other activities of the WRC.
( b ) *Major Federal Action.* “Major Federal action” as defined in the CEQ NEPA regulations (40 CFR 1508.18) includes actions with effects that may be major and which are potentially subject to Federal control and responsibility. Such actions include WRC interagency committee, and WRC coordinating committee adoption, approval or submittal of plans for water and related land resources. For the purpose of this rule, RBC adoption, approval or submittal of a plan for water and related land resources is considered a major Federal action by virtue of the scope and significant environmental consequences of such actions, the participation of Federal officials in these RBC actions, and the WRC requirements for Federal agency consistency with approved regional water resource management plans (WRC Policy Statement No. 4—The Utilization of Comprehensive Regional Water Resource Management Plans).
§ 549.51 Approval procedures. The Clinical Director shall consider individually any request from an inmate or a BOP medical consultant. ( a ) In circumstances where plastic surgery is a component of the presently medically necessary standard of treatment, the Clinical Director shall forward the surgery request to the Office of Medical Designations and Transportation for approval.
( b ) If the Clinical Director recommends plastic surgery for the good order and security of the institution, the request for plastic surgery authorization will be forwarded to the Warden for initial approval. The Warden will forward the request through the Regional Director to the Medical Director. The Medical Director shall have the final authority to approve or deny this type of plastic surgery request.
( c ) If the Clinical Director is unable to determine whether the plastic surgery qualifies as a component of presently medically necessary standard of treatment, the Clinical Director may forward the request to the Medical Director for a final determination in accordance with the provisions of paragraph (b) of this section.
**THE SUPREME COURT OF TEXAS**

**Post Office Box 12248**

**Austin, Texas 78711**

**(512) 463-1312**

June 26, 2009

Ms. Jane M. N. Webre

Scott Douglass & McConnico, L.L.P.

600 Congress Ave., Suite 1500

Austin, TX 78701-2589

Mr. Vincent L. Marable III

Paul Webb, P.C.

221 N. Houston Street

Wharton, TX 77488

RE:Case Number:  07-0697

Court of Appeals Number:  04-04-00108-CV

Trial Court Number:  2002-CI-00925

Style:PAUL H. SMITH, ET AL.

v.

THOMAS O'DONNELL, EXECUTOR OF THE ESTATE OF CORWIN DENNEY

Dear Counsel:

Today the Supreme Court of Texas delivered the enclosed opinions and judgment in the above-referenced cause.  (Justice Hecht and Justice Green not sitting) 

Sincerely,

Blake A. Hawthorne, Clerk

by Claudia Jenks, Chief Deputy Clerk

Enclosures

**Case No. 07-0697Page 1**
### §2626. Reports respecting standards

#### (a) State authorities and nonregulated utilities

Not later than one year after November 9, 1978, and annually thereafter for ten years, each State regulatory authority (with respect to each State regulated electric utility for which it has ratemaking authority), and each nonregulated electric utility, shall report to the Secretary, in such manner as the Secretary shall prescribe, respecting its consideration of the standards established by sections 2621(d) and 2623(b) of this title. Such report shall include a summary of the determinations made and actions taken with respect to each such standard on a utility-by-utility basis.

#### (b) Secretary

Not later than eighteen months after November 9, 1978, and annually thereafter for ten years, the Secretary shall submit a report to the President and the Congress containing—

(1) a summary of the reports submitted under subsection (a),

(2) his analysis of such reports, and

(3) his actions under this chapter, and his recommendations for such further Federal actions, including any legislation, regarding retail electric utility rates (and other practices) as may be necessary to carry out the purposes of this chapter.

(Pub. L. 95–617, title I, §116, Nov. 9, 1978, 92 Stat. 3128.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in subsec. (b)(3), was in the original "this title", meaning title I (§101 et seq.) of Pub. L. 95–617, Nov. 9, 1978, 92 Stat. 3120, which enacted subchapters I to IV of this chapter and section 6808 of Title 42, The Public Health and Welfare, and amended sections 6802 to 6807 of Title 42. For complete classification of title I to the Code, see Tables.