alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
*Pursuant to 5TH CIR. 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this opinion should not be published and is not precedent except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 5TH CIR. R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________

No. 97-11112

Summary Calendar

_____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ROBERT WILLIAM JOHNS,

Defendant-Appellant.

_________________________________________________________________

Appeal from the United States District Court for the

Northern District of Texas

USDC No. 4:97-CR-58-1

_________________________________________________________________

July 17, 1998

Before JOLLY, BENAVIDES, and PARKER, Circuit Judges.

PER CURIAM:*

Robert William Johns appeals his sentence from his guilty plea

conviction for possession with the intent to distribute

amphetamine.

Johns argues that the district court erred in its drug

quantity determination because the government did not prove that

certain drugs identified as methamphetamine were in fact

methamphetamine. Johns limited his objection at sentencing to the

reliability of the information provided by the confidential
2

informants (“CIs”). Thus, review is limited to plain error.

Because Johns admitted to conspiring to possess with the intent to

distribute methamphetamine as well as amphetamine and because the

party objecting to information in the presentence report (“PSR”)

has the burden to demonstrate the unreliability or inaccuracy of

that information, we detect no plain error. See United States v.

Calverley, 37 F.3d 160, 162-64 (5th Cir. 1994) (en banc).

Johns argues that the district court erred in its drug

quantity determination because the information supplied by the CIs

as described in the PSR lacked corroboration to be reliable

information for use at sentencing. The investigation by law

enforcement officers, as described in the PSR, corroborated details

of Johns’s trafficking activities. Johns failed to present any

evidence to rebut, or to demonstrate inaccuracy in, the PSR. The

district court did not err in relying on the PSR and, thus, the

determination of the amount of drugs for which Johns was held

accountable is not clearly erroneous. See United States v. Kelley,

140 F.3d 596, 609-10 (5th Cir. 1998); United States v. Rogers, 1

F.3d 341, 343-44 (5th Cir. 1993).

A F F I R M E D.
### §580m. Development of reservoir areas for future resources of timber; Congressional declaration of policy

It is declared to be the policy of the United States to provide that reservoir areas of projects for flood control, navigation, hydroelectric power development, and other related purposes owned in fee and under the jurisdiction of the Secretary of the Army and the Chief of Engineers shall be developed and maintained so as to encourage, promote, and assure fully adequate and dependable future resources of readily available timber, through sustained yield programs, reforestation, and accepted conservation practices, and to increase the value of such areas for conservation, recreation, and other beneficial uses: Provided, That such development and management shall be accomplished to the extent practicable and compatible with other uses of the project.

(Pub. L. 86–717, §1, Sept. 6, 1960, 74 Stat. 817.)
From: Kevin Vuilleumier/R5/USEPA/US

To: Steven Rosenthal/R5/USEPA/US@EPA, William Wagner/R5/USEPA/US@EPA, 

Cc: Molly DeSalle/R5/USEPA/US@EPA, Patrick Miller/R5/USEPA/US@EPA

Date: 01/30/2013 11:35 AM

Subject: CEMS installation timing in FIP

NSPS and NESHAPS CEMS installation timing requirements . 

40 CFR 60.13(b): All continuous monitoring systems and monitoring devices shall be installed prior to 

conducting performance tests under 60.8.

40 CFR 60.8(a): ...within 60 days after achieving the maximum production rate at which the affected 

facility will be operated, but not later than 180 days after initial startup of such facility, ... or at such other 

times as may be required by the Administrator..., the owner or operator of such facility shall conduct 

performance tests and furnish the Administrator a written report of the results of such performance test(s). 

So, following this progression, CEMS required by NSPS regulations must be installed "within 60 days 

after achieving maximum production but not later than 180 days after initial startup". 

I will note that this is NSPS and it applies to more than 8 facilities (for the most part). 

63.8(c)(3): CEMS must be installed, operational and data verified either prior to or in conjunction with 

performance testing under 60.7

60.7(a)(2): Performance testing must be conducted within 180 days of the compliance date of a rule. 

For this I'll note CEMS would really need to be installed prior to the performance testing because a facility 

would not be able to certify the monitor during the stack test if the CEMS wasn't installed before the stack 

test is conducted. Also, while NSPS refers to new sources (although classifying a facility as a new source 

versus existing source has little or no impact on the ability to install CEMS in a timely manner) MACT 

applies to new and existing sources and still requires installation within 6 months. 

-----Forwarded by Kevin Vuilleumier/R5/USEPA/US on 12/03/2012 09:18AM -----

To: Kevin Vuilleumier/R5/USEPA/US

From: Dan Bivins/RTP/USEPA/US

Date: 11/30/2012 07:42AM

Cc: Barrett Parker/RTP/USEPA/US@EPA, Steffan Johnson/RTP/USEPA/US@EPA, Robin 

Segall/RTP/USEPA/US@EPA, Kim Garnett/RTP/USEPA/US@EPA

Subject: Re: Proposed Timeline for CEMS installation

Kevin,

I went back to our CEMS cost model for gas CEMS and we used about 250 total hours time for all people 

involved for planning, selecting equipment, bids and purchasing, etc up until time to install. Then we had 

about 278 hours total time for plant to install. Then 85 hours for everything else. Sooooo.......total hours 

is 613 hours and if all was done consecutively by one person it would be a max of about 4 months 

(assuming a 40 hr work week). Let's say you doubled it to 8 months or even a year that far less than the 

18 months they estimate. The fact is that some of this work can be done simultaneously. For example, 

hiring a consultant for QA/QC plan can be done while process to obtain vendor is going on and plant can 

begin prep work for installation while CEMS is being built, etc. I cc'd some other folks in case they may 

have some insight.

Dan
May 22, 2015 

 

Mr. Clayton Sprangler 

235 Point Lick Drive 

Charleston, WV 25306 

Dear Mr. Clayton Sprangler: 

This letter is to inform you that we are unable to process your request for an exemption. It 

explains why we can not process your request and what you should do in the next 30 days. 

Why We Can Not Process Your Request 

We entered your April 13, 2015, exemption request on behalf into the public docket 

(No. FAA-2015-0983), but we are unable to process your request any further. The 

information you sent does not comply with the requirements of § 11.81 (copy enclosed). For 

us to consider the request any further, you must send us all of the following: 

 The specific section or sections of 14 CFR from which you seek relief, the extent of the 

relief you seek, and the reason you seek relief. 

 The reasons why granting the request would be in the public interest; that is, how it would 

benefit the public as a whole. 

 The reasons why the exemption would not adversely affect safety or how the exemption 

would provide a level of safety at least equal to that provided by the rule from which you 

seek an exemption. 

 Any additional information, views, or arguments available to support your request. 

What You Should Do 

If you want us to process your request any further, you must send the information described 

earlier to reach us within 30 days. Please note that § 11.63(d) requires you to send your 

petition for exemption at least 120 days before the proposed effective date of the exemption. 
2 

If We Do Not Hear From You 

If we do not hear from you within 30 days, we will close the docket without notifying you 

further. If you have any questions or require additional time, you may call (202) 267-9677. 

Sincerely, 

/s/ 

Brenda Robeson 

Program Analyst, Airmen and 

 Airspace Rules Division 

Enclosure
EXHIBIT 4.5

                                PROMISSORY NOTE


$8035 U.S.                                                   Tequesta, Florida
                                                                 June 30, 1998


FOR VALUE RECEIVED, John M. O'Keefe (the "Maker") promises to pay on demand to
Banner Holding Corp., a Florida corporation (the "Holder"), the principal sum of
eight thousand thirty five dollars U.S. ($8035) at 120 N. U.S. Highway One,
Tequesta, Florida 33469.

If this Note is not paid within five (5) days of demand then interest shall
accrue from the demand date at the rate of twenty-four percent (24%) per annum.
If suit is brought to collect this Note, the Holder shall be entitled to collect
all costs and expenses of suit, including, but not limited to, attorneys' fees.

The Maker may prepay the principal amount outstanding in whole or in part.

Presentment, notice of dishonor and protest are hereby waived by all makers,
sureties, guarantors and endorsers hereof. This Note shall be the joint and
several obligation of all makers, sureties, guarantors and endorsers, and shall
be binding upon them and their successors and assigns.



                                    ----------------------------------
                                    John M. O'Keefe
### §450ss–5. Limitations on funding

Authorization of Appropriations: 1

#### (1) In general

In furtherance of the purposes of sections 450ss to 450ss–7 of this title, the Secretary may provide, from the National Park Service's National Recreation and Preservation account, the remainder of the sum of $5,000,000 for an endowment fund subject to paragraph (2), to remain available until expended.

#### (2) Matching requirement

Amounts appropriated in any fiscal year to carry out the provisions of sections 450ss to 450ss–7 may only be expended on a matching basis in a ratio of at least one non-Federal dollar to every Federal dollar. For the purposes of this provision, each non-Federal dollar donated to the Foundation for the creation, maintenance, operation, or endowment of the Memorial shall satisfy the matching dollar requirement without regard to the fiscal year in which such donation is made.

(Pub. L. 105–58, §7, Oct. 9, 1997, 111 Stat. 1266; Pub. L. 108–199, div. F, title V, §544(f), Jan. 23, 2004, 118 Stat. 348; Pub. L. 116–283, div. H, title XCV, §9501, Jan. 1, 2021, 134 Stat. 4822.)

#### **Editorial Notes**

#### Amendments

2021—Par. (1). Pub. L. 116–283 substituted "the Secretary may provide, from the National Park Service's National Recreation and Preservation account, the remainder of" for "there is hereby authorized".

2004—Par. (1). Pub. L. 108–199, §544(f)(1), inserted "for an endowment fund subject to paragraph (2)" after "the sum of $5,000,000".

Par. (2). Pub. L. 108–199, §544(f)(2), struck out "Trust or to the Oklahoma City Memorial" after "each non-Federal dollar donated to the" and substituted "operation, or endowment" for "or operation".

1 So in original. "Appropriations" probably should not be capitalized.
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

JUAN DE DIOS DAVILA
, Appellant,

v.

STATE OF FLORIDA, Appellee

.

No. 4D 2023

- 1500

[ July 11, 2024 ]

Appeal from the County Court for the Seventeenth Judicial Circuit, Broward County; Phoebee Francois, Judge; L.T. Case No. 22

- 322MM30A.

Jason T. Forman of Law Offices of Jason T. Forman, P.A., Fort

Lauderdale

, for appellant.

Ashley Moody, Attorney General, Tallahassee, and Pablo Tapia, Assistant Attorney General, West Palm Beach, for ap pellee.

P ER C URIAM

.

Affirmed

.

W ARNER
, G ERBER and K UNTZ

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
### §760aa–2. Volunteer enhancement pilot projects

#### (a) In general

Subject to the availability of appropriations, the Secretary of the Interior shall carry out a pilot project at 1 or more facilities of the System. Each pilot project shall provide for a volunteer coordinator for the hatchery facility. The volunteer coordinator shall be responsible for recruiting, training, and supervising volunteers. The volunteer coordinator may be responsible for assisting partner organizations in developing projects and programs under cooperative agreements under section 742f(d) of this title and coordinating volunteer activities with partner organizations to carry out the projects and programs.

#### (b) Report

Not later than 3 years after October 16, 2006, the Secretary shall submit a report to the Committee on Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate evaluating and making recommendations regarding the pilot projects.

(Pub. L. 109–360, §4, Oct. 16, 2006, 120 Stat. 2059.)

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

#### Change of Name

Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
March 10, 2015

Mr. Blake Terry

618 South Gay Street

Knoxville, TN 37902

Dear Mr. Terry:

This letter is to inform you that we are unable to process your request for an exemption. It

explains why we cannot process your request and what you should do in the next 30 days.

Why We Cannot Process Your Request

We entered your March 5, 2015 exemption request into the public docket (No. FAA-2015-

0554), but we are unable to process your request any further. The information you sent does 

not comply with the requirements of § 11.81 (copy enclosed). For us to consider the request 

any further, you must send us all of the following:

• The specific section or sections of 14 CFR from which you seek relief and the extent of 

the relief you seek.

• The reasons why granting the request would be in the public interest; that is, how it would 

benefit the public as a whole.

• The reasons why the exemption would not adversely affect safety or how the exemption 

would provide a level of safety at least equal to that provided by the rule from which you 

seek an exemption.

• Any additional information, views, or arguments available to support your request.

What You Should Do

If you want us to process your request any further, you must send the information described 

earlier to reach us within 30 days. Please note that § 11.63(d) requires you to send your 

petition for exemption at least 120 days before the proposed effective date of the exemption.
2

If We Do Not Hear From You

If we do not hear from you within 30 days, we will close the docket without notifying you 

further. If you have any questions or require additional time, you may call (202) 267-9677.

Sincerely,

/s/

Nia Daniels

Program Analyst, Airmen and 

 Airspace Rules Division

Enclosure
### §539m–9. Construction

#### (a) Strict construction

Sections 539m to 539m–12 of this title recognize only enumerated rights and interests, and no additional rights, interests, obligations, or duties shall be created by implication.

#### (b) Existing rights

To the extent there exist within the Area as of February 20, 2003, any valid private property rights associated with private land that are not otherwise addressed in sections 539m to 539m–12 of this title, such rights are not modified or otherwise affected by sections 539m to 539m–12 of this title, nor is the exercise of any such right subject to the Pueblo's right to withhold consent to new uses in the Area as set forth in section 539m–3(a)(3)(A) of this title.

#### (c) Not precedent

The provisions of sections 539m to 539m–12 of this title creating certain rights and interests in the National Forest System are uniquely suited to resolve the Pueblo's claim and the geographic and societal situation involved, and shall not be construed as precedent for any other situation involving management of the National Forest System.

#### (d) Fish and wildlife

Except as provided in section 539m–6(b)(2)(B) of this title, nothing in sections 539m to 539m–12 of this title shall be construed as affecting the responsibilities of the State of New Mexico with respect to fish and wildlife, including the regulation of hunting, fishing, or trapping within the Area.

(Pub. L. 108–7, div. F, title IV, §411, Feb. 20, 2003, 117 Stat. 291.)

#### **Editorial Notes**

#### References in Text

Sections 539m to 539m–12 of this title, referred to in text, was in the original "this title", meaning title IV of div. F of Pub. L. 108–7, Feb. 20, 2003, 117 Stat. 279, which is classified generally to sections 539m to 539m–12 of this title. For complete classification of title IV to the Code, see Short Title note set out under section 539m of this title and Tables.

#### Codification

Section is comprised of section 411 of div. F of Pub. L. 108–7. Subsec. (e) of section 411 of div. F of Pub. L. 108–7 amended section 1746 of Title 43, Public Lands.
[Federal Register Volume 76, Number 59 (Monday, March 28, 2011)]
[Notices]
[Pages 17140-17141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7196]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute on Alcohol Abuse and Alcoholism; Notice of 
Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as

[[Page 17141]]

amended (5 U.S.C. App), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable materials, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute on Alcohol Abuse and 
Alcoholism Special Emphasis Panel; RFA-AA-11-02 Alcohol Induced 
Metabolic and Hepatic Injury (AIMHI) (R01)
    Date: April 20, 2011.
    Time: 8 a.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Hyatt Regency Bethesda, 7400 Wisconsin Avenue, Bethesda, 
MD 20814.
    Contact Person: Philippe Marmillot, PhD, Scientific Review 
Officer, National Institute on Alcohol Abuse and Alcoholism, 
National Institutes of Health, 5635 Fishers Lane, Room 2017, 
Bethesda, MD 20852, 301-443-2861, <a href="/cdn-cgi/l/email-protection#6f020e1d02060303001b1f2f020e06034101060741080019"><span class="__cf_email__" data-cfemail="a4c9c5d6c9cdc8c8cbd0d4e4c9c5cdc88acacdcc8ac3cbd2">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.271, 
Alcohol Research Career Development Awards for Scientists and 
Clinicians; 93.272, Alcohol National Research Service Awards for 
Research Training; 93.273, Alcohol Research Programs; 93.891, 
Alcohol Research Center Grants; 93.701, ARRA Related Biomedical 
Research and Research Support Awards, National Institutes of Health, 
HHS)

    Dated: March 22, 2011.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 2011-7196 Filed 3-25-11; 8:45 am]
BILLING CODE 4140-01-P


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January 24, 2000


Fusion Networks, Inc.
8115 N.W. 29th Street
Miami, Florida 33122

Attn: Hernando Bahamon

Re:  Agreement  and Plan of Merger dated  August 18, 1999 by and between  Fusion
     Networks Holdings, Inc., Fusion Networks, Inc., IDM Environmental Corp. and
     IDM/FNI Acquisition Corporation (the "Agreement")

Dear Mr. Bahamon:

     This letter  agreement  will serve to evidence our  understanding  that the
Agreement  be, and it hereby is,  amended to provide  that the  requirements  of
Section  7.2(d) of the  Agreement  may not be waived by either  party  under any
circumstances.

     If this  letter  agreement  accurately  reflects  your  understanding  with
respect to the foregoing,  please execute the same on behalf of Fusion  Networks
and return the executed copy to the undersigned.

FUSION NETWORKS HOLDINGS, INC.              IDM ENVIRONMENTAL CORP.

By:   /s/ Joel Freedman                     By:   /s/ Joel Freedman
     -------------------------                 --------------------------
      Joel Freedman, President                   Joel Freedman, President

IDM/FNI ACQUISITION CORPORATION


By:   /s/ Joel Freedman
     -------------------------
      Joel Freedman, President


Agreed and Accepted:

FUSION NETWORKS, INC.

By:   /s/ Hernando Bahamon
     ----------------------------
      Hernando Bahamon, President