alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §583j–9. Federal funds

For fiscal year 2014 and thereafter, the National Forest Foundation may hold Federal funds made available but not immediately disbursed and may use any interest or other investment income earned (before, on, or after January 17, 2014) on Federal funds to carry out the purposes of Public Law 101–593: Provided further, That such investments may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States.

(Pub. L. 113–76, div. G, title III, Jan. 17, 2014, 128 Stat. 327.)

#### **Editorial Notes**

#### References in Text

Public Law 101–593, referred to in text, is Pub. L. 101–593, Nov. 16, 1990, 104 Stat. 2954, which enacted this subchapter, chapter 32A of this title, and section 777e–1 of this title, amended sections 2910, 3702, 3709, 4403, and 4404 of this title, and enacted provisions listed in a table of National Wildlife Refuges set out under section 668dd of this title and provisions set out in notes under section 3701 of this title and section 4321 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Tables.

#### Codification

Section was enacted as part of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2014, and also as part of the Consolidated Appropriations Act, 2014, and not as part of the National Forest Foundation Act which comprises this subchapter.

#### Prior Provisions

Provisions similar to this section were contained in the following prior appropriation acts:

Pub. L. 107–63, title II, Nov. 5, 2001, 115 Stat. 450.

Pub. L. 106–291, title II, Oct. 11, 2000, 114 Stat. 972.

Pub. L. 106–113, div. B, §1000(a)(3) [title II], Nov. 29, 1999, 113 Stat. 1535, 1501A–176.

Pub. L. 105–277, div. A, §101(e) [title II], Oct. 21, 1998, 112 Stat. 2681–231, 2681–273.

Pub. L. 105–83, title II, Nov. 14, 1997, 111 Stat. 1577.

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

#### Authorized Investments

Provisions similar to the proviso in this section were contained in the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006, Pub. L. 109–54, title III, Aug. 2, 2005, 119 Stat. 538, and were repeated in provisions of subsequent appropriations acts which are not set out in the Code. Similar provisions also were contained in the following prior appropriations acts:

Pub. L. 108–447, div. E, title II, Dec. 8, 2004, 118 Stat. 3079.

Pub. L. 108–108, title II, Nov. 10, 2003, 117 Stat. 1288.

Pub. L. 108–7, div. F, title II, Feb. 20, 2003, 117 Stat. 256.
1

The Honorable Donovan W. Frank, United States District Judge for the District

of Minnesota.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 05-4421

___________

United States of America, *

*

Appellee, *

* Appeal from the United States

v. * District Court for the

* District of Minnesota.

Jacob George Colbert, *

* [UNPUBLISHED]

Appellant. *

___________

Submitted: February 7, 2007

Filed: February 14, 2007 

___________

Before COLLOTON, HANSEN, and BENTON, Circuit Judges.

___________

PER CURIAM.

Jacob Colbert pleaded guilty to conspiracy to possess with intent to distribute

in excess of 50 grams of cocaine base, in violation of 21 U.S.C. §§ 841(a)(1),

(b)(1)(A), and 846. The district court1

 found that Colbert was subject to an advisory

Guidelines imprisonment range of 262-327 months, and sentenced him to 235 months

in prison based on its explicit consideration of the factors set forth in 18 U.S.C.

§ 3553(a). On appeal, Colbert argues that the district court abused its discretion by

not imposing a lower sentence. We reject this argument, because the court properly
-2-

based the sentence – which was below the bottom of the undisputed Guidelines range

– on the section 3553(a) factors, and Colbert has not shown that the court failed to

take into account or give proper weight to any factor. See United States v. Booker,

543 U.S. 220, 261-62 (2005) (sentences are reviewed for unreasonableness;

section 3553(a) factors will guide appellate courts in determining whether sentence

is unreasonable); cf. United States v. Tobacco, 428 F.3d 1148, 1151 (8th Cir. 2005)

(discussing when presumptively reasonable sentence may be unreasonable); United

States v. Lincoln, 413 F.3d 716, 717-18 (8th Cir.) (sentence within Guidelines range

is presumptively reasonable; defendant bears burden to rebut that presumption), cert.

denied, 126 S. Ct. 840 (2005).

Accordingly, we affirm.

______________________________
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 Defense

###### Office of the Secretary

          - [Transmittal Nos. 11-10]

# AGENCY:

Department of Defense, Defense Security Cooperation Agency.

# ACTION:

Notice.

# SUMMARY:

The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated 21 July 1996.

# FOR FURTHER INFORMATION CONTACT:

Ms. B. English, DSCA/DBO/CFM, (703) 601-3740.

# SUPPLEMENTARY INFORMATION:

The following is a copy of a letter to the Speaker of the House of Representatives, Transmittals 11-10 with attached transmittal, policy justification, and Sensitivity of Technology.

Dated: March 16, 2011.

Morgan F. Park,

Alternate OSD Federal Register Liaison Officer, Department of Defense.

      ( print page 17112)          ( print page 17113)          ( print page 17114)          ( print page 17115)          ( print page 17116)    

BILLING CODE 5001-06-P

[FR Doc. 2011-7052 Filed 3-25-11; 8:45 am]

BILLING CODE 5001-06-C
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 Equality Investments,  Inc.,
on Form 10-QSB for the period ending March 31, 2003 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.
Exhibit 23

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the incorporation by reference in Registration Statement Nos.
33-4945, 33-62156, 333-08063, 333-19667, 333-26059, 333-81789, and 333-108471 on
Forms S-8 and in Registration Statement No. 333-115112 on Form S-3 of our
reports dated December 28, 2007, relating to the financial statements and
financial statement schedule of HEICO Corporation and subsidiaries and the
effectiveness of internal control over financial reporting, appearing in this
Annual Report on Form 10-K of HEICO Corporation and subsidiaries for the year
ended October 31, 2007.


DELOITTE & TOUCHE LLP
Certified Public Accountants

Miami, Florida
December 28, 2007
# L_2013200EN.01S00301.xml

| 25.7.2013 | EN | Official Journal of the European Union | L 200/s3 |
| --- | --- | --- | --- |

25.7.2013

EN

Official Journal of the European Union

L 200/s3

---

NOTICE TO READERS

Council Regulation (EU) No 216/2013 of 7 March 2013 on the electronic publication of the Official Journal of the European Union

In accordance with Council Regulation (EU) No 216/2013 of 7 March 2013 on the electronic publication of the Official Journal of the European Union (OJ L 69, 13.3.2013, p. 1), as of 1 July 2013, only the electronic edition of the Official Journal shall be considered authentic and shall have legal effect.

Official Journal of the European Union

Where it is not possible to publish the electronic edition of the Official Journal due to unforeseen and exceptional circumstances, the printed edition shall be authentic and shall have legal effect in accordance with the terms and conditions set out in Article 3 of Regulation (EU) No 216/2013.

---
### §460y–7. Withdrawal of certain public lands for classification; revocation of Executive Order Numbered 5237

The objectives of Executive Order Numbered 5237, dated December 10, 1929, which withdraw certain public lands for classification, having been accomplished by the enactment of this subchapter, that Executive order is hereby revoked effective as of the date the Secretary establishes the area.

(Pub. L. 91–476, §8, Oct. 21, 1970, 84 Stat. 1070.)

#### **Editorial Notes**

#### References in Text

Executive Order Numbered 5237, dated December 10, 1929, referred to in text, is not classified to the Code.
#### UNITED STATES of America, Plaintiff-Appellee, v. William David BROUWER, Defendant-Appellant.

No. 01-7184.

United States Court of Appeals, Fourth Circuit.

Submitted May 2, 2002.

Decided May 20, 2002.

William David Brouwer, Appellant Pro Se. Susan Leslie Strawn, United States Department of Justice, Washington, D.C., for Appellee.

Before NIEMEYER and WILLIAMS, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Remanded by unpublished PER CURIAM opinion.

*925OPINION

PER CURIAM.

William D. Brouwer seeks to appeal the district court’s order denying relief on his motion filed under 28 U.S.C.A. § 2255 (West Supp.2001). For the reasons set forth below, we vacate and remand for further proceedings.*

The district court, acting sua sponte, determined from the face of Brouwer’s motion that his claims were barred by the one-year limitations period set forth in § 2255 and dismissed the action without giving Brouwer notice or an opportunity to respond. Our recent decision in *Hill v. Braxton,*277 F.3d 701 (4th Cir.2002), requires the district court to provide such a warning “unless it is indisputably clear from the materials presented to the district court that the petition is untimely and cannot be salvaged by equitable tolling principles.” *Id.*at 707.

Because it was not “indisputably clear from the materials presented to the district court” that Brouwer could not salvage his motion, we grant a certificate of appealability, vacate the district court’s order, and remand to the district court to provide Brouwer with the notice and opportunity to respond to which he is now entitled pursuant to *Hill.*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.

*REMANDED.*

*

 We note the district court erroneously included drug possession and distribution in its summary of Brouwer’s convictions. While Brouwer raises this as an issue on appeal, it is apparent that this error did not influence the district court’s reasoning, and we do not remand on this basis.
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 Spring Valley  Management
Corp.,  on Form  10-QSB for the period  ending  June 30,  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: September 4, 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.
UNITED STATES OF AMERICA

Before the

SECURITIES AND EXCHANGE COMMISSION

SECURITIES EXCHANGE ACT OF 1934 

Release No. 97668 / June 8, 2023

ADMINISTRATIVE PROCEEDING

File No. 3-20060

In the Matter of

Bayerische Motoren Werke 

Aktiengesellschaft, BMW of North 

America, LLC and BMW US 

Capital, LLC,

Respondents.

:

:

:

:

:

:

:

:

:

ORDER EXTENDING TIME TO 

ENTER ORDER APPROVING OR 

DISAPPROVING PLAN OF 

DISTRIBUTION

On April 21, 2023, pursuant to Rule 1103 of the United States Securities and Exchange 

Commission’s Rules on Fair Fund and Disgorgement Plans (the “Commission’s Rules”), 17 C.F.R.

§ 201.1103, the Commission published a Notice of Proposed Plan of Distribution and Opportunity to 

Comment (“Notice”)1for the distribution of monies placed into a Fair Fund in the above-captioned 

matters. The Notice invited public comment on the proposed plan of distribution (“Plan”) through 

May 22, 2023, and the Commission received one public comment that raised various issues (the 

“Comment”). 

Rule 1104 of the Commission’s Rules, 17 C.F.R. § 201.1104, provides in relevant part, 

“[t]he order approving or disapproving the plan should be entered within 30 days after the end of 

the final period allowed for comments on the proposed plan unless the Commission or the 

hearing officer, by written order, allows a longer period for good cause shown.” 

 

1 Exchange Act Rel. No. 97345 (Apr. 21, 2023).
2

Thirty days from the end of the final period for comments on the Plan will lapse on June 

21, 2023. The Division states additional time is needed to present its recommendation to the 

Commission regarding the Comment and the Plan, and therefore, good cause has been shown to 

enter an order extending time to approve or disapprove the Plan until October 31, 2023. 

Accordingly, IT IS ORDERED that pursuant to Rule 1104 of the Commission’s Rules,2

for good cause shown, the time for entering an order approving or disapproving the Plan is 

extended to October 31, 2023. 

For the Commission, by its Secretary, pursuant to delegated authority.3

Vanessa A. Countryman

Secretary 

 

2

 17 C.F.R. § 201.1104. 

3

 17 C.F.R. § 200.30-4(a)(21)(i).
#### § 971.200 Purpose.

The purpose of this subpart is to implement 23 U.S.C. 204, which requires the Secretary and the Secretary of each appropriate Federal land management agency, to the extent appropriate, to develop by rule safety, bridge, pavement, and congestion management systems for roads funded under the FLHP.
#### UNITED STATES of America, Plaintiff-Appellee, v. Jerry Jefferson SEXTON, a/k/a Jim Smith, a/k/a George Thompson, Defendant-Appellant, and Wells Cargo 1995 VIN # 1WC200F26S3032435, 14 Foot, Wells Cargo Utility Trailer, Model Number TW-142, Serial Number WC-117470, white in color, together with its equipment, accessories and contents; Colleen Sexton, Defendants.

No. 02-4079.

United States Court of Appeals, Fourth Circuit.

Submitted April 25, 2002.

Decided May 9, 2002.

Jerry Jefferson Sexton, Appellant Pro Se. Marvin Jennings Caughman, Assistant United States Attorney, Columbia, South Carolina, for Appellee.

Before WILLIAMS and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished PER CURIAM opinion.

OPINION

PER CURIAM.

Jerry Jefferson Sexton seeks to appeal the district court’s order granting the Government’s motion to release property civilly forfeited to the Government pursuant to a prior order entered by the court on March 16, 2000. We dismiss the appeal for lack of jurisdiction because Appellant’s notice of appeal was not timely filed.

Parties are accorded sixty days after the entry of the district court’s final judgment or order to note an appeal, *see*Fed. R.App. P. 4(a)(1), unless the district court extends the appeal period under Fed. R.App. P. 4(a)(5) or reopens the appeal period under Fed. R.App. P. 4(a)(6). This appeal period is “mandatory and jurisdictional.” *Browder v. Director, Dep’t of Corrections,*484 U.S. 257, 264, 98 S.Ct. 556, 54 L.Ed.2d 521 (1978) (quoting *United States v. Robinson,*361 U.S. 220, 229, 80 S.Ct. 282, 4 L.Ed.2d 259 (1960)).

The district court’s final order was entered on the docket on March 16, 2000. *124Appellant’s notice of appeal was filed on January 10, 2002.* Because Appellant failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal. We deny Sexton’s motion for appointment of counsel. 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.

*DISMISSED.*

*

 For the purpose of this appeal we assume that the date appearing on the notice of appeal is the earliest date it could have been given to prison officials for mailing. *See*Fed. R.App. P. 4(c); *Houston v. Lack,*487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988).
<PAGE>

HERCULES INCORPORATED

                                                                    EXHIBIT 99.1

                            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 Hercules Incorporated (the
"Company") on Form 10-K for the period ended December 31, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, William
H. Joyce, Chief Executive Officer of the Company, 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.

/s/ William H. Joyce
------------------------------
William H. Joyce
Chief Executive Officer
March 31, 2003

                                       93
# **Hercules Incorporated**

# **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 Hercules Incorporated (the "Company") on Form 10-K for the period ended December 31, 2003 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, FredG. Aanonsen, Vice President and Controller, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

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

The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

Date:  March 15, 2004

/s/ Fred G. Aanonsen

Fred G. Aanonsen

Vice President and Controller
EX-3.4

         CERTIFICATE OF AMENDMENT TO ARTICLES OF INCORPORATION

                         CERTIFICATE OF AMENDMENT
                       TO ARTICLES OF INCORPORATION
                                     OF
                           FREESTAR TECHNOLOGIES

We, Paul Egan and Ciaran Egan, certify that :

     1.  The original articles of the Company were filed with the
Office of the Secretary of State on November 17, 1999.

     2.  Pursuant to a unanimous written consent of the Board of
Directors of the Company, the Company hereby adopted the following
amendments to the Articles of Incorporation of this Corporation:

     Article 4 of the Articles of Incorporation is amended to increase
     the authorized shares of common stock of the Company to
     500,000,000, par value of $0.001.

     3.  A majority of the issued and outstanding shares of common
stock of the Company approved of this amendment to the Articles of
Incorporation by written consent.

Dated: December 15, 2002.

                                           /s/  Paul Egan
                                           Paul Egan, President


                                           /s/  Ciaran Egan
                                          Ciaran Egan, Secretary
Figure 1: Verde River Treatment

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Supervisor's Office \ ,

UTM Zone 12 NAD83 jist HEEB Wel critical Habitat. «== Migrant SWFL
2Bi8ep 2008 © — SWFL Resident

3 1.5 i} 3 Miles
as