alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### § 76.142 An amendment is approved on the same basis as the document being amended.

###### Cross Reference

Link to an amendment published at 89 FR 70336, Aug. 29, 2024.

The Secretary uses the same procedures to approve an amendment to a State plan—or any other document a State submits—as the Secretary uses to approve the original document.

(Authority: 20 U.S.C. 1221e-3 and 3474)
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 12**  **- 1720** 

In re: TERRANCE LAMONT MOORE , Petitioner

.

On Petition for Writ of Audita Querela

. ( 4:98

- cr - 00013

- H

- 1 )

Submitted : November 2 , 2012 Decided: November 7, 2012

Before WILKINSON , KEENAN, and THACKER, Circuit Judges

.
Petition denied by un published per curiam opinion

.

Terrance Lamont Moore , Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Terrance Lamont Moo re has filed a petition for a writ of audita querela in this court, pursuant to the All Writs Act, 28 U.S.C. § 1651(a) (2006), seeking to challenge his criminal convictions for armed bank robbery. Moore alleges that he has been denied relief under 28 U.S. C.A. § 2255 (West Supp. 2012). A writ of audita querela is not available to a petitioner when other avenues of relief are available, such as a motion to vacate under § 2255. United States v. Torres , 282 F.3d 1241, 1245 (10th Cir. 2002); United States v. Johnson , 962 F.2d 579, 582 (7th Cir. 1992) (explaining that audita querela may not be invoked by a defendant challenging the legality of his sentence who could otherwise raise that challenge under § 2255). The fact that Moore cannot proceed under § 2255 u nless he obtains authorization from this court to file a successive motion does not alter this conclusion. United States v. Valdez

– Pacheco , 237 F.3d 1077, 1080 (9th Cir. 2000) (“We agree with our sister circuits . . . that a federal prisoner may not chall enge a conviction or a sentence by way of a petition for a writ of audita querela when that challenge is cognizable under
§ 2255.”). Accordingly, we grant Moore’s motion to supplement his petition and deny his petition for a writ of audita querela. We dis pense with oral argument because the facts and legal3 contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

PETITION DENIED
COURT OF APPEALS

	SECOND DISTRICT OF TEXAS

	FORT WORTH

	NO. 2-09-139-CV

IN RE DALLAS COUNTY, TEXAS	RELATOR

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

	ORIGINAL PROCEEDING

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

	MEMORANDUM OPINION1

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

	The court has considered relator’s petition for writ of mandamus and is of the opinion that relief should be denied.  Accordingly, relator’s petition for writ of mandamus is denied.

	The stay of the trial court proceedings in cause number 236-231665-08, styled Dee Brown, Inc. v. Thos. S. Byrne, Ltd. v. Dallas County, pending in the 236th District Court of Tarrant County, Texas is hereby lifted. 

	Relator shall pay all costs of this original proceeding, for which let execution issue.

								PER CURIAM

PANEL:  MEIER, LIVINGSTON, and WALKER, JJ. 

DELIVERED:  July 10, 2009
### §546. Smuggling goods into foreign countries

Any person owning in whole or in part any vessel of the United States who employs, or participates in, or allows the employment of, such vessel for the purpose of smuggling, or attempting to smuggle, or assisting in smuggling, any merchandise into the territory of any foreign government in violation of the laws there in force, if under the laws of such foreign government any penalty or forfeiture is provided for violation of the laws of the United States respecting the customs revenue, and any citizen of, or person domiciled in, or any corporation incorporated in, the United States, controlling or substantially participating in the control of any such vessel, directly or indirectly, whether through ownership of corporate shares or otherwise, and allowing the employment of said vessel for any such purpose, and any person found, or discovered to have been, on board of any such vessel so employed and participating or assisting in any such purpose, shall be fined under this title or imprisoned not more than two years, or both.

It shall constitute an offense under this section to hire out or charter a vessel if the lessor or charterer has knowledge or reasonable grounds for belief that the lessee or person chartering the vessel intends to employ such vessel for any of the purposes described in this section and if such vessel is, during the time such lease or charter is in effect, employed for any such purpose.

(June 25, 1948, ch. 645, 62 Stat. 717; Pub. L. 103–322, title XXXIII, §330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

#### Historical and Revision Notes

Based on section 1702 of title 19, U.S.C., 1940 ed., Customs Duties (Aug. 5, 1935, ch. 438, title I, §2, 49 Stat. 518).

Changes were made in phraseology.

#### **Editorial Notes**

#### References in Text

The laws of the United States respecting the customs revenue, referred to in text, are classified generally to Title 19, Customs Duties.

#### Amendments

1994—Pub. L. 103–322 substituted "fined under this title" for "fined not more than $5,000" in first par.
CENTRAL VALLEY OPERATIONS OFFICE

DELTA SMELT AND SPLITTAIL

December-08

Note: Bold numbers are not verified by DFG. Preliminary Data - Subject to Change

Delta Smelt Splittail Longfin Pumping

Daily Total Daily T

Daily Combined Daily Combined Daily In CFS In Acre 

DATE Total Daily 14-Day Total Daily 14-Day Total

SWP CVP Total Average SWP CVP Total Average SWP Larval Yor N CVP Larval Yor N

1-Dec-08 0 0 0 0 0 0 0 0 0 0 1,435 1,018 2,453 2,847 2,0

2-Dec-08 0 0 0 0 0 0 0 0 0 0 1,440 1,002 2,443 2,857 1,9

3-Dec-08 0 0 0 0 0 0 0 0 0 0 1,426 1,623 3,049 2,828 3,2

4-Dec-08 0 0 0 0 0 0 0 0 0 0 1,441 1,884 3,325 2,858 3,7

5-Dec-08 0 0 0 0 0 0 0 0 0 0 1,177 1,872 3,049 2,334 3,7

6-Dec-08 0 0 0 0 0 0 0 0 0 0 1,171 1,857 3,028 2,323 3,6

7-Dec-08 0 0 0 0 0 0 0 0 0 0 944 1,848 2,792 1,872 3,6

8-Dec-08 0 0 0 0 0 0 0 0 0 0 944 1,833 2,776 1,872 3,6

9-Dec-08 0 0 0 0 0 0 0 0 0 0 944 1,840 2,783 1,872 3,6

10-Dec-08 0 0 0 0 0 0 0 0 0 0 1,416 1,867 3,283 2,808 3,7

11-Dec-08 0 0 0 0 0 0 0 0 0 0 1,071 1,893 2,964 2,125 3,7

12-Dec-08 0 0 0 0 0 0 0 0 0 0 1,082 1,893 2,975 2,146 3,7

13-Dec-08 0 0 0 0 0 0 0 0 0 0 1,253 1,276 2,529 2,485 2,5

14-Dec-08 0 0 0 0 0 0 0 0 0 0 1,224 1,017 2,241 2,427 2,0

15-Dec-08 0 0 0 0 0 0 0 0 0 0 1,354 1,015 2,369 2,685 2,0

16-Dec-08 0 0 0 0 0 0 0 0 0 0 1,355 1,016 2,371 2,687 2,0

17-Dec-08 0 0 0 0 0 0 0 0 0 0 1,175 1,018 2,193 2,330 2,0

18-Dec-08 0 0 0 0 0 0 0 0 0 0 1,169 1,014 2,184 2,319 2,0

19-Dec-08 0 0 0 0 0 0 0 0 0 0 1,137 1,013 2,151 2,256 2,0

20-Dec-08 0 0 0 0 0 0 0 0 0 0 1,403 1,017 2,420 2,783 2,0

21-Dec-08 0 0 0 0 0 0 0 0 0 0 1,417 1,010 2,427 2,811 2,0

22-Dec-08 0 0 0 0 0 0 0 0 0 0 1,341 1,027 2,368 2,660 2,0

23-Dec-08 0 0 0 0 0 0 0 0 0 0 989 1,019 2,008 1,961 2,0

24-Dec-08 0 0 0 0 0 0 0 0 0 0 1,391 1,018 2,410 2,760 2,0

25-Dec-08 0 0 0 0 0 0 0 0 0 0 1,459 1,029 2,488 2,893 2,0

26-Dec-08 0 0 0 0 0 0 0 0 0 0 1,349 1,023 2,373 2,676 2,0

27-Dec-08 0 0 0 0 0 0 0 0 0 0 1,476 1,018 2,495 2,928 2,0

28-Dec-08 0 0 0 0 0 0 0 0 0 0 1,438 1,017 2,456 2,853 2,0

29-Dec-08 0 0 0 0 0 0 0 0 0 0 1,789 1,019 2,808 3,548 2,0

30-Dec-08 0 0 0 0 0 0 0 0 0 0 2,125 1,718 3,843 4,215 3,4

31-Dec-08 0 0 0 0 0 0 0 0 0 0 2,520 2,308 4,828 4,998 4,5

Total 0 0 0 XXXX 0 0 0 XXXX 0 0 41,854 42,024 83,878 83,017 83,3

Banks Tracy Combined Banks Tracy
**Exhibit
      32.1**





**Certification
      of Chief Executive Officer 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 Homeland Security Network, Inc. (the
      "Company") on Form 10-KSB for the period ended December 31, 2005 as filed with
      the Securities and Exchange Commission on the date hereof (the "Report"), I,
      Charles Norman, Chief Executive Officer of the Company, certify, pursuant to
      U.S.C. Section 1350, as enacted 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/
                CHARLES NORMANCharles
                NormanChief
                Executive OfficerPrincipal
                Executive OfficerDate:
                April 4, 2006
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                             415
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                   415
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                     415
<CURRENT-LIABILITIES>                              150
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           500
<OTHER-SE>                                       (235)
<TOTAL-LIABILITY-AND-EQUITY>                       415
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                      150
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  (150)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              (150)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (150)
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

DAY HIGH

 450

 257

 245

 324

 413

 357

 340

 412

 342

 353

 329

 318

 264

 238

 220

 239

 231

 228

 233

 246

 258

 248

 255

 264

 280

 311

 291

 309

 281

 278

 273

 226

 194

 176

 184

 189

 208

 205

 202

 225

 238

 234

 216

 208

 208

 203

 198

 201

 213

 221

 229

 238

 242

 246

 252

 260

 265

 269

 274

 272

 269

 228

 280

 221

 198

 214

 246

 245

 234

 230

 258

 267

 258

 262

 226

 219

 212

 207

 212

 219

 225

 235

 243

 244

 249

 256

 265

 278

 275

 283

 276

 272

 253

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

JANUARY 2005 WATER QUALITY REPORT RUN DATE: March 4, 2005

ELECTRICAL CONDUCTIVITY, UMHOS 

14 DAY

ACCUM

MEAN

14 DAY

AVG

MEAN

 14,279

 14,121

 13,879

 13,550

 13,191

 12,656

 11,900

 10,957

 9,332

 6,962

 5,223

 3,979

 3,488

 3,358

 3,290

 3,276

 3,290

 3,295

 3,274

 3,264

 3,273

 3,287

 3,278

 3,267

 3,274

 3,290

 3,339

 3,403

 3,467

 3,532

 3,573

 1,020

 1,009

 991

 968

 942

 904

 850

 783

 667

 497

 373

 284

 249

 240

 235

 234

 235

 235

 234

 233

 234

 235

 234

 233

 234

 235

 239

 243

 248

 252

 255

Comments:

0 reading indicates that the station was out of service.

EMMATON TOP ON THE SACRAMENTO RIVER
----

Exhibit 32.1

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 transition report of YayiInternational Inc. (the "Company") on Form 10-K/A for the period ended March 31,2010 as filed with the Securities and Exchange Commission on the date hereof(the "Report"), I, Li Liu, Chief Executive Officer and President of the Company,certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of theSarbanes-Oxley Act of 2002, that: 

(1)      The Report fullycomplies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and 

(2)      The informationcontained in the Report fairly presents, in all material respects, the financialcondition and result of operations of the Company. 

                               /s/ Li Liu                                   Li Liu*President & Chief Executive Officer*

January 28, 2011 

A signed original of this written statement required bySection 906 has been provided to Yayi International Inc. and will be retained byYayi International Inc. and furnished to the Securities and Exchange Commissionor its staff upon request. 

The forgoing certification is being furnished to theSecurities and Exchange Commission pursuant to § 18 U.S.C. Section 1350. It isnot being filed for purposes of Section 18 of the Securities Exchange Act of1934, as amended, and is not to be incorporated by reference into any filing ofthe Company, whether made before or after the date hereof, regardless of anygeneral incorporation language in such filing. 

----
**EXHIBIT 32.2**

 

CERTIFICATION PURSUANTTO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THESARBANES-OXLEY ACT OF 2002

 

Inconnection with the Quarterly Report of Beacon Power Corporation (the “Company”)on Form 10-Q for the period ending March 31, 2010 as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I, JamesM. Spiezio, Chief Financial Officer of the Company, certify, pursuant to 18U.S.C. section 1350, as adopted pursuant to section 906 of the Sarbanes-OxleyAct of 2002, that to the best of my knowledge:

 

(1) TheReport fully complies with the requirements of section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

 

(2) Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 

 
| /s/  James M. Spiezio    |   |
|--------------------------|--------|
| James  M. Spiezio        |   |
| Chief  Financial Officer |   |
|                     |   |
|                     |   |
| May 10, 2010        |   |

 

1

----
APPENDIX 

A.13 NATIONAL PARK SERVICE 

APPENDIX F: LIST OF PREPARERS 

National Park Service 

• David Vela, Superintendent, George Washington Memorial Parkway 

• Audrey F. Calhoun, former Superintendent, George Washington Memorial Parkway 

• Jon James, Deputy Superintendent George Washington Memorial Parkway 

• Deborah Feldman, Park Planner, George Washington Memorial Parkway 

• Walter McDowney, Site Manager Great Falls Park 

• Vince Santucci, Chief Ranger, George Washington Memorial Parkway 

• Matthew Virta, Cultural Resource Manager, George Washington Memorial Parkway 

• Brent Steury, Natural Resource Manager, George Washington Memorial Parkway 

• Jesse Reynolds, Supervisor Park Ranger, Great Falls Park 

• Ronald Smith, Maintenance Supervisor, Great Falls Park 

• Brent O’Neill, Environmental Protection Specialist, George Washington Memorial Parkway 

• Patrick Gregerson, Chief of Planning, National Capital Region 

Consultants 

EDAW|AECOM RUMMEL, KLEPPER & KAHL, LLP 

 

• Paul H. Moyer, AICP, Project Director 

Environmental Planner 

• Amit Prothi, AICP, Project Manager 

Environmental Planner 

• Jonathan A. Childers, Environmental Planner 

• Jeanette Studley, Environmental Planner 

• Avinash Srivastava, AICP, GIS Analyst 

• Elizabeth Jeronimus, Environmental Planner 

• Jennifer O’Brien, Graphic Designer 

• James A. Burnett, P.E., P.T.O.E. 

Transportation Engineer 

• Matt C. Snare, E.I.T. 

Transportation Engineer 

• John A. d'Epagnier, P.E., Civil 

Engineer
**EXHIBIT 23**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We hereby consent to the incorporation by reference in the Registration Statements on Form S-3 (No. 33-59161, No. 33-62897, No. 333-59009,No. 333-121638 and No. 333-122316), Registration Statement on Form S-4 (No. 333-122317) and in the Registration Statements on Form S-8 (No. 33-59783, No. No. 33-13292, No. 33-32504, No. 333-06977, No. 333-06989,No. 333-78429, No. 333-62382 and No. 333-88476) of Ryerson Inc.(formerly Ryerson Tull, Inc.) of our report dated March 30, 2006 relating to the consolidated financial statements, financial statement schedule, management’sassessment of the effectiveness of internal control over financial reporting and the effectiveness of internal control over financial reporting, which appears in this Form 10-K. 

 

PricewaterhouseCoopers LLP 

 

Chicago, Illinois 

March 30, 2006
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

DAY ELEV

 1,197.39

 1,197.37

 1,197.36

 1,197.34

 1,197.33

 1,197.31

 1,197.29

 1,197.26

 1,197.25

 1,197.23

 1,197.21

 1,197.20

 1,197.19

 1,197.17

 1,197.16

 1,197.13

 1,197.11

 1,197.09

 1,197.07

 1,197.06

 1,197.04

 1,197.02

 1,197.01

 1,196.98

 1,196.97

 1,196.96

 1,196.95

 1,196.94

 1,196.93

 1,196.90

 46.83

 46.80

 46.78

 46.75

 46.73

 46.70

 46.66

 46.61

 46.59

 46.56

 46.52

 46.51

 46.49

 46.46

 46.44

 46.39

 46.35

 46.32

 46.28

 46.27

 46.23

 46.20

 46.18

 46.13

 46.11

 46.10

 46.08

 46.06

 46.04

 45.99

STORAGE

-0.04

-0.03

-0.02

-0.03

-0.02

-0.04

-0.03

-0.05

-0.02

-0.04

-0.03

-0.02

-0.02

-0.03

-0.02

-0.05

-0.03

-0.03

-0.04

-0.02

-0.03

-0.04

-0.02

-0.05

-0.02

-0.02

-0.02

-0.02

-0.02

-0.05

CHANGE

-3

-1

9

-5

3

0

-5

-15

0

-6

-8

1

4

-1

8

-6

-7

-5

-10

-1

-7

-5

3

-12

11

10

9

-5

0

-19

INFLOW

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

SPILL

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

 1

OUTLET

 14

 15

 17

 11

 11

 17

 11

 10

 8

 11

 8

 9

 12

 15

 16

 19

 9

 11

 7

 7

 9

 12

 11

 13

 19

 18

 17

 3

 8

 6

C.F.S.

 .25

 .27

 .30

 .19

 .19

 .30

 .20

 .17

 .15

 .20

 .15

 .16

 .22

 .27

 .29

 .34

 .17

 .19

 .13

 .13

 .16

 .22

 .19

 .24

 .34

 .33

 .31

 .06

 .15

 .11

INCHES

 .00

 .00

 .00

 .00

 .02

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

PRECIP

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-ORLAND PROJECT-CALIFORNIA

SEPTEMBER 2019 EAST PARK RESERVOIR DAILY OPERATIONS RUN DATE: 01/07/2020

IN LAKE

EVAPORATION

INCHES

C.F.S.

COMPUTED*

1000 ACRE-FEET

RELEASE - C.F.S.

TOTALS -.90 -63 30 0 354 6.38 .02

ACRE-FEET -900 -125 60 0 702

COMMENTS:

* COMPUTED INFLOW IS THE SUM OF CHANGE IN STORAGE, RELEASES AND EVAPORATION.

DATA BASED ON 24 HOUR PERIOD ENDING 0800 AM.

SUMMARY RELEASE (ACRE-FEET)

SPILL 0

OUTLET

TOTAL

 60

 60

PRECIPITATION

THIS MONTH =

TO DATE =

 .02

JULY 1, 2019 .04

 46.87

OCT 1, 2018 TO DATE = 25.08
### §593. Protection of timber in Florida

The President is authorized to employ so much of the land and naval forces of the United States as may be necessary effectually to prevent the felling, cutting down, or other destruction of the timber of the United States in Florida, and to prevent the transportation or carrying away any such timber as may be already felled or cut down; and to take such other and further measures as may be deemed advisable for the preservation of the timber of the United States in Florida.

(R.S. §2460.)

#### **Editorial Notes**

#### Codification

R.S. §2460 derived from act Feb. 23, 1882, ch. 9, 3 Stat. 651.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 12-1644

MARLENE HOWARD-MOORE,

Plaintiff - Appellant,

v.

JOHN M. MCHUGH, Secretary of the Army,

Defendant - Appellee.

Appeal from the United States District Court for the District of 

Maryland, at Greenbelt. J. Frederick Motz, Senior District 

Judge. (8:11-cv-02838-JFM)

Submitted: August 16, 2012 Decided: August 20, 2012

Before KING and THACKER, Circuit Judges, and HAMILTON, Senior 

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Marlene Howard-Moore, Appellant Pro Se. Neil R. White, 

Assistant United States Attorney, Greenbelt, Maryland, for 

Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Marlene Howard-Moore appeals the district court’s 

order dismissing her employment discrimination action for 

improper venue. We have reviewed the record and find no 

reversible error. Accordingly, we affirm for the reasons stated 

by the district court. Howard-Moore v. McHugh, No. 8:11-cv02838-JFM (D. Md. May 9, 2012). 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
### §3122. Application for an order for a pen register or a trap and trace device

(a) Application.—(1) An attorney for the Government may make application for an order or an extension of an order under section 3123 of this title authorizing or approving the installation and use of a pen register or a trap and trace device under this chapter, in writing under oath or equivalent affirmation, to a court of competent jurisdiction.

(2) Unless prohibited by State law, a State investigative or law enforcement officer may make application for an order or an extension of an order under section 3123 of this title authorizing or approving the installation and use of a pen register or a trap and trace device under this chapter, in writing under oath or equivalent affirmation, to a court of competent jurisdiction of such State.

(b) Contents of Application.—An application under subsection (a) of this section shall include—

(1) the identity of the attorney for the Government or the State law enforcement or investigative officer making the application and the identity of the law enforcement agency conducting the investigation; and

(2) a certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency.

(Added Pub. L. 99–508, title III, §301(a), Oct. 21, 1986, 100 Stat. 1869.)

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

#### Effective Date

Section effective 90 days after Oct. 21, 1986, and, in case of conduct pursuant to court order or extension, applicable only with respect to court orders and extensions made after such date, with special rule for State authorizations of interceptions, see section 302 of Pub. L. 99–508, set out as a note under section 3121 of this title.