alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §5661. Penalty and forfeiture for violation of laws and regulations relating to wine

#### (a) Fraudulent offenses

Whoever, with intent to defraud the United States, fails to pay any tax imposed upon wine or violates, or fails to comply with, any provision of subchapter F or subpart C of part I of subchapter A, or regulations issued pursuant thereto, or recovers or attempts to recover any spirits from wine, shall be fined not more than $5,000, or imprisoned not more than 5 years, or both, for each such offense, and all products and materials used in any such violation shall be forfeited to the United States.

#### (b) Other offenses

Any proprietor of premises subject to the provisions of subchapter F, or any employee or agent of such proprietor, or any other person, who otherwise than with intent to defraud the United States violates or fails to comply with any provision of subchapter F or subpart C of part I of subchapter A, or regulations issued pursuant thereto, or who aids or abets in any such violation, shall be fined not more than $1,000, or imprisoned not more than 1 year, or both, for each such offense.

(Added Pub. L. 85–859, title II, §201, Sept. 2, 1958, 72 Stat. 1407.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 5661, act Aug. 16, 1954, ch. 736, 68A Stat. 695, consisted of provisions similar to those comprising this section, prior to the general revision of this chapter by Pub. L. 85–859.

Prior section 5661(a) also provided for an additional penalty "of double the tax due, to be assessed, levied and collected in the same manner as taxes are collected". See section 6651 et seq. of this title.

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

#### Effective Date

Section effective July 1, 1959, see section 210(a)(1) of Pub. L. 85–859, set out as a note under section 5001 of this title.
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 13-40243

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

GABRIEL SANCHEZ-CRUZ,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 7:12-CR-1268

Before KING, DeMOSS, and GRAVES, Circuit Judges.

PER CURIAM:*

Gabriel Sanchez-Cruz appeals the 57-month sentence imposed upon his 

guilty plea conviction for being found unlawfully present in the United States 

after having previously been deported, in violation of 8 U.S.C. § 1326. The 

district court enhanced Sanchez-Cruz’s sentence based upon its finding that 

his prior California conviction for lewd acts with a child aged 14 or 15 was a 

conviction for a crime of violence under U.S.S.G. § 2L1.2(b)(1)(A). Sanchez-

* 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.

United States Court of Appeals

Fifth Circuit

FILED

December 11, 2013

Lyle W. Cayce

Clerk

 

 Case: 13-40243 Document: 00512467465 Page: 1 Date Filed: 12/11/2013
No. 13-40243

Cruz argues that the offense for which he was convicted did not qualify as a 

crime of violence because the statute under which he was convicted was overly 

broad and did not constitute “sexual abuse of a minor.”

Sanchez-Cruz did not object on this basis in the district court. 

Accordingly, we review for plain error only. See United States v. ChavezHernandez, 671 F.3d 494, 497 (5th Cir. 2012). In 2006, Sanchez-Cruz was 

convicted under CAL. PENAL CODE ANN. § 288(c)(1). Under a plain meaning

approach, his conviction was for the enumerated offense of “sexual abuse of a 

minor” and, accordingly, a crime of violence under § 2L1.2(b)(1)(A)(ii). See

§ 2L1.2, comment (n.1(B)(iii)); United States v. Rodriguez, 711 F.3d 541, 552-

53 (5th Cir. 2013) (en banc), petition for cert. filed (June 6, 2013) (No. 12-

10695). Sanchez-Cruz cannot demonstrate that the district court committed a 

clear or obvious error. See Puckett v. United States, 556 U.S. 129, 135 (2009); 

see also United States v. Henao-Melo, 591 F.3d 798, 806 (5th Cir. 2009). 

The judgment of the district court is AFFIRMED.

2

 Case: 13-40243 Document: 00512467465 Page: 2 Date Filed: 12/11/2013
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.                  

###### Small Business Administration

          - [Declaration of Disaster #3633] 

In accordance with a notice received from the Department of Homeland Security—Federal Emergency Management Agency—effective September 27, 2004, the above numbered declaration is hereby amended to establish the incident period for this disaster as beginning September 16, 2004, and continuing through September 27, 2004. 

                    All other information remains the same,                     *i.e.,*                     the deadline for filing applications for physical damage is November 19, 2004 and for economic injury the deadline is June 20, 2005.                 

(Catalog of Federal Domestic Assistance Program Nos. 59002 and 59008). 

Dated: September 29, 2004. 

Herbert L. Mitchell, 

Associate Administrator for Disaster Assistance. 

[FR Doc. 04-22428 Filed 10-5-04; 8:45 am] 

BILLING CODE 8025-01-P
§ 4130.6-2 Nonrenewable grazing permits and leases. ( a ) Nonrenewable grazing permits or leases may be issued on an annual basis, as provided in § 4110.3-1(a), to qualified applicants when forage is temporarily available, provided this use is consistent with multiple-use objectives and does not interfere with existing livestock operations on the public lands. The authorized officer shall consult, cooperate, and coordinate with affected permittees or lessees, and the state having lands or responsibility for managing resources within the area, before issuing nonrenewable grazing permits and leases.
( b ) Notwithstanding the provisions of § 4.21(a)(1) of this title, when BLM determines that it is necessary for orderly administration of the public lands, the authorized officer may make a decision that issues a nonrenewable grazing permit or lease, or that affects an application for grazing use on annual or designated ephemeral rangelands, effective immediately or on a date established in the decision.
[71 FR 39507, July 12, 2006]
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4739 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  2d Session
                                S. 4739

 To allow additional individuals to enroll in standalone dental plans 
                   offered through Federal Exchanges.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             August 2, 2022

Ms. Hassan (for herself and Mr. Cassidy) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
 To allow additional individuals to enroll in standalone dental plans 
                   offered through Federal Exchanges.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Increasing Access to Dental 
Insurance Act''.

SEC. 2. STANDALONE DENTAL PLANS.

    Section 1321 of the Patient Protection and Affordable Care Act (42 
U.S.C. 18041) is amended by adding at the end the following:
    ``(f) Availability of Standalone Dental Plans.--The Secretary may 
not restrict any qualified individual from enrolling in a plan 
described in section 1311(d)(2)(B)(ii) offered through an Exchange 
established pursuant to subsection (c) on the basis of such qualified 
individual not being also enrolled in a qualified health plan offered 
through the Exchange.''.
                                 <all>
```
# FILED March 12, 1999 Cecil Crowson, Jr. Appellate Court Clerk 

### IN THE COURT OF APPEA LS OF TENNESSEE

AT NASHVILLE

SCOTT BALDWIN, J. L. S MITH, and ) KEVIN T. BROWN, indiv idually and ) on behalf of a class of individuals ) similarly situated, ) ) Plaintiffs/Appellants, ) Appeal No. ) 01-A-01-9804-CV-00195 VS. ) ) Davidson Circuit PIRELLI ARMSTRONG TIRE ) No. 95C-3232 CORPORATION, UNITED RUBBER, ) CORK, LINOLEUM AND PLA STIC ) WORKERS OF AMERICA, AND ) URW LOCAL UNION 670, ) ) Defendants/Appellees. )



### ORDER ON PETITIONS TO REHEAR Pirelli and the Union defendants have filed petitions to rehear. We have decided that the petitions are without merit and should be denied.

It is, therefore, ordered that both petitions to rehear be denied.

______________________________________ BEN H. CANTRELL, PRESID ING JUDGE, M.S.

______________________________________ WILLIAM C. KOCH, JR.,JUDGE

______________________________________ WILLIAM B. CAIN, JUDG E
14‐3916

Skelly v. Pension Plan for Ins. Orgs.

UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT

SUMMARY ORDER

RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT.  CITATION TO A SUMMARY ORDER FILED ON OR AFTER

JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S

LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER

THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”).    A PARTY CITING A

SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.

At a stated term of the United States Court of Appeals for the Second

Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley

Square, in the City of New York, on the 27th day of April, two thousand fifteen.

      

PRESENT: AMALYA L. KEARSE,  

    BARRINGTON D. PARKER,

RICHARD C. WESLEY,

     Circuit Judges.

____________________________________________  

LAURENCE J. SKELLY, and ELLEN BURKE, individually and on behalf of all

others similarly situated,  

     Plaintiffs ‐ Appellants,

     ‐v.‐              No. 14‐3916

INSURANCE SERVICES OFFICE, INC. and THE PENSION PLAN FOR

INSURANCE ORGANIZATIONS,                         

Defendants ‐ Appellees.

*

 

* The Clerk of Court is respectfully directed to amend the caption as set forth above.
2

____________________________________________  

FOR APPELLANTS:   BENNET SUSSER (Richard S. Meisner, Alissa Pyrich, on

the brief), Jardim, Meisner & Susser, P.C., Florham Park,

NJ.

FOR APPELLEES:   ROBERT W. RACHAL, Proskauer Rose LLP, New

Orleans, LA (Myron D. Rumeld, Proskauer Rose LLP,

New York, NY, on the brief), for Insurance Services

Office, Inc.; JONATHAN L. SULDS, Greenberg Traurig,

LLP, New York, NY, for The Pension Plan for Insurance

Organizations.   

____________________________________________  

Appeal from the United States District Court for the Southern District of

New York (Hellerstein, J.).

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED,

ADJUDGED AND DECREED that the judgment of the district court be and

hereby is AFFIRMED.  

Plaintiffs‐Appellants Laurence Skelly and Ellen Burke, on behalf of a

putative class, allege that Defendants‐Appellants, including Plaintiffs’ former

employer, Insurance Services Office, Inc., violated the Employee Retirement

Income Security Act of 1974.  The district court dismissed Plaintiffs’ claims by

memorandum dated September 12, 2014, which was filed on September 15, 2014,

Skelly v. Ins. Servs. Office, Inc., No. 12‐8889, Doc. No. 50 (S.D.N.Y. Sept. 15, 2014),

and order dated September 16, 2014.  Plaintiffs now appeal.
3

We have considered all of Plaintiffs’ contentions on this appeal and have

found them to be without merit.  We AFFIRM for substantially the same reasons

stated by the district court in its memorandum.

       FOR THE COURT:

       Catherine O’Hagan Wolfe, Clerk
#### § 3503.30 How should I describe surveyed lands or lands shown on protraction or amended protraction diagrams in states which are part of the Public Land Survey System?

Describe the lands by legal subdivision, section, township, and range.
[Federal Register Volume 69, Number 196 (Tuesday, October 12, 2004)]
[Notices]
[Pages 60641-60642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22771]


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

DEPARTMENT OF THE INTERIOR

National Park Service


National Register of Historic Places; Notification of Pending 
Nominations

    Nominations for the following properties being considered for 
listing in the National Register were received by the National Park 
Service before September 25, 2004. Pursuant to section 60.13 of 36 CFR 
part 60 written comments concerning the significance of these 
properties under the National Register criteria for evaluation may be 
forwarded by United States Postal Service, to the National Register of 
Historic Places, National Park Service, 1849 C St., NW., 2280, 
Washington, DC 20240; by all other carriers, National Register of 
Historic Places, National Park Service, 1201 Eye St., NW., 8th floor, 
Washington, DC 20005; or by fax, 202-371-6447. Written or faxed 
comments should be submitted by October 27, 2004.

Patrick W. Andrus,
Acting, Keeper of the National Register of Historic Places.

GEORGIA

Harris County

Thornton Plantation, 702 Piedmont Lake Rd. and 404 Hopkins Farm Rd., 
Pine Mountain, 04001212

Liberty County

Bowens, Eddie, Farm, 660 Trade Hill Rd., Seabrook, 04001209

MASSACHUSETTS

Middlesex County

Boutell--Hathorn House, 280 Wobun St., Wilmington, 04001210

NEW JERSEY

Bergen County

Iviswold,
223 Montross Ave., Rutherford, 04001213

OHIO

Summit County

Cofta, Albert, Farmstead, (Agricultural Resources of the Cuyahoga 
Valley MPS) 2966 Brush Rd., Richfield, 04001214

VERMONT

Chittenden County

Downtown Essex Junction Commercial Historic District, 3-17 and 8-12 
Main St., 2-28 Railroad Ave., and 2 Railroad St., Essex Junction, 
04001216

Windsor County

Fletcher--Fullerton Farm, (Agricultural Resources of Vermont MPS) 
3615 Fletcher Hill Rd. Extension, Woodstock, 04001215

    A request for REMOVAL has been received for the following 
resource:

[[Page 60642]]

MINNESOTA

Wright County

Simpson Methodist Episcopal Church (Wright County MRA) 4th and Linn 
Sts. Monticello, 79001276

[FR Doc. 04-22771 Filed 10-8-04; 8:45 am]
BILLING CODE 4312-51-P
#### Sol Nash et al., Respondents, *v.*Atco Realty Corporation, Appellant.

Memorandum by the Court. A careful study of the evidence leads us to the conclusion that the defendant did not fraudulently misrepresent to plaintiffs the condition of the real estate at Nos. 93 Warren Street and 283 Greenwich Street in the borough of Manhattan, New York City, and that the plaintiffs did not rely upon any statements made on behalf of the defendant in contracting to purchase said property. The determinations of fact to the contrary, which are made in the decision of the trial court without a jury dated November 21, 1947, and the judgment should be reversed, with costs to the appellant, and the complaint dismissed, with costs.

Judgment reversed, with costs to the appellant, and the complaint dismissed, with costs.

Dore, J.

(dissenting). Where truth depends on credibility of witnesses, we should give great weight to the advantages of the trial court who has seen and heard the witnesses *(Smith*v. *Smith,*273 N. Y. 380). The issues here presented are issues of fact depending on credibility. The determination of the trier of the facts is supported by the evidence which he was entitled to deem credible and in my opinion we should not overrule his conclusion. A preponderance of the credible evidence supports the finding of the trial justice who was “ satisfied *”*that there was fraud in the inducement of the contract. The recitals in the contract of sale do not estop plaintiffs from asserting such fraud *(Bridger*v. *Goldsmith,*143 N. Y. 424). Sufficient evidence, accepted as true by the trial court, was adduced to show that plaintiffs relied on the representations made.

Accordingly, I dissent and vote to affirm the judgment appealed from.

Peck, P. J., Glennon, Yan Yoorhis and Shientag, JJ., concur in decision; Dore, J,, dissents in opinion.

*962Judgment reversed, with costs to the appellant, and the complaint dismissed, with costs. Settle order on notice.
#### The People of the State of New York, Respondent, v. Albert Baldiseno, Appellant.

Present— Crosby, P. J., Taylor, Dowling, Harris and McCurn, JJ.
NASA LogoNTRSNTRS - NASA Technical Reports ServerSearchmore_vertCollectionsAboutNewsHelpLogin Back to ResultsA Synopsis of Ion Propulsion Development Projects in the United States: SERT 1 to Deep Space IThe historical background and characteristics of the experimental flights of ion propulsion systems and the major ground-based technology demonstrations were reviewed. The results of the first successful ion engine flight in 1964, SERT I which demonstrated ion beam neutralization, are discussed along with the extended operation of SERT II starting in 1970. These results together with the technology employed on the early cesium engine flights. the Applications Technology Satellite (ATS) series, and the ground-test demonstrations, have provided the evolutionary path for the development of xenon ion thruster component technologies, control systems, and power circuit implementations. In the 1997-1999 period, the communication satellite flights using ion engine systems and the Deep Space I flight confirmed that these auxiliary and primary propulsion systems have advanced to a high-level of flight-readiness.Document ID19990116725Acquisition SourceGlenn Research CenterDocument TypePreprint (Draft being sent to journal)AuthorsSovey, James S.*(NASA Glenn Research Center Cleveland, OH United States)*Rawlin, Vincent K.*(NASA Glenn Research Center Cleveland, OH United States)*Patterson, Michael J.*(NASA Glenn Research Center Cleveland, OH United States)*Date AcquiredSeptember 6, 2013Publication DateOctober 1, 1999Subject CategorySpacecraft Propulsion And PowerReport/Patent NumberNAS 1.15:209439NASA/TM-1999-209439AIAA Paper 99-2270E-11916Meeting InformationMeeting: Joint PropulsionLocation: Los Angeles, CACountry: United StatesStart Date: June 20, 1999End Date: June 24, 1999Sponsors:American Inst. of Aeronautics and Astronautics,American Society for Electrical Engineers,Society of Automotive Engineers, Inc.,American Society of Mechanical EngineersFunding Number(s)PROJECT: RTOP 632-1B-1BDistribution LimitsPublicCopyrightWork of the US Gov. Public Use Permitted.Available DownloadsNameType19990116725.pdfSTIcloud_downloadcontent_copyvisibilityRelated RecordsThere are no records associated with this record.visibility_offNo Preview Available
 No Fear Act | Freedom of Information Act | Office of the Inspector General | Agency Financial ReportsNASA Web Privacy Policy and Important Notices | NASA Guidelines for Quality of InformationDisclaimers, Copyright, Terms of Use | Accessibility | NASA OCIO | USA.gov | NASA.govContact Us | Site MapSTI LogoNASA Official: JoAnne R. Calhoun Site Curator: STI Compliance and Distribution Services Last Modified: September 12, 2024
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGIONS 77 WEST JACKSON BOULEVARD CHICAGO, IL 60604-3590

Rich Zavoda Regional Manager, Air Quality Program Environmental Affairs Arcelor Mittal USA 4020 Kinross Lakes Parkway Richfield, Ohio 44286-9000 Dear Mr. Zavoda: 

## SEP 1 32012 REPLY TO THE ATTENTION OF·

This letter is in response to your August 29, 2012, request for a 45-day extension ofthe public comment period for theproposed limits on taconite facilities (77 FR49308). I am writing to deny your request for an extension ofthe public comment period. U.S. EPAis bound by requirements ofa consent decree to complete the above mentioned Federal Implementation Plan (FIP) byNovember 15,2012. Granting a 45-day extension would not allowus sufficient time to meet this deadline. We would, however, be happy to discuss any general questions you may have about the proposed FIP. Feel free to contact Steven Rosenthal, at (312) 886-6052, to discuss any such issues. Sincerely, 

# /) / 

## '()

<:...

### a~C:~. c:<-

### ..a~,.~· Douglas Aburano Chief, Attainment Planning and Maintenance Section
cc: DavidThornton Minnesota Pollution Control Agency

Recycled/Recyclable • Printed with Veqetable Oil Based Inks on 50% Recycled Paper (20% Postconsumer)standard bee's:

other bee's: official file copy w/attaclnnent(s) originator's file copy w/attaclnnent(s) originating organization reading file w/attaclnnent(s) Gina McCarthy, Assistant Administrator for Air and Radiation Steve D. Page, Director, Office ofAir Quality Planning and Standards ARD Reading file w/control slip Bharat Mathur, DRA George Czerniak, ARD Robert Kaplan, ORC

ARD:APB:APMS: S. Rosenthal9/10/l2
Federal Register / Vol. 69, No. 194 / Thursday, October 7, 2004 / Notices 60165

[FR Doc. 04–22577 Filed 10–6–04; 8:45 am]

BILLING CODE 4160–01–C

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES

Food and Drug Administration

Notice of Listing of Members of the 

Food and Drug Administration’s Senior 

Executive Service Performance Review 

Board

AGENCY: Food and Drug Administration, 

HHS.

ACTION: Notice.

SUMMARY: The Food and Drug 

Administration (FDA) is announcing the 

members of the FDA Performance 

Review Board (PRB). This action is 

intended to ensure that members of the 

PRBs are appointed in a manner that 

provides consistency, stability, and 

objectivity in performance appraisals, 

and that notice of the appointment of 

members of the board be published in 

the Federal Register.

FOR FURTHER INFORMATION CONTACT:

Arlene S. Karr, Rockville Human 

Resources Center, Department of Health 

and Human Services (DHHS), 5600 

Fishers Lane, Rockville, MD 20857, 

301–827–4183.

The following persons will serve on 

FDA’s PRB, which oversees the 

evaluation of performance appraisals of 

FDA’s Senior Executive Service 

members in accordance with 5 U.S.C. 

4314(c)(4): Jeffrey M. Weber, 

Chairperson, Richard Diamond, 

Margaret O’K Glavin,William K. 

Hubbard, Linda Kahan, Michael Landa, 

John Marzilli, Melinda K. Plaisier, Linda 

Tollefson, and Helen Winkle.

Dated: September 30, 2004.

Lester M. Crawford,

Acting Commissioner of Food and Drugs.

[FR Doc. 04–22578 Filed 10–6–04; 8:45 am]

BILLING CODE 4160–01–S

DEPARTMENT OF HOMELAND 

SECURITY 

Bureau of Citizenship and Immigration 

Services 

[CIS No. 2325–04] 

Extension of the Designation of 

Temporary Protected Status for 

Burundi

AGENCY: Bureau of Citizenship and 

Immigration Services, DHS.

ACTION: Notice.

SUMMARY: The Temporary Protected 

Status (TPS) designation for Burundi 

will expire on November 2, 2004. This 

notice extends the Secretary of 

Homeland Security’s designation of 

Burundi for 12 months, until November 

2, 2005, and sets forth procedures 

necessary for nationals of Burundi (or 

aliens having no nationality who last 

habitually resided in Burundi) with TPS 

to re-register and to apply for an 

extension of their employment 

authorization documentation for the 

additional 12-month period. Reregistration is limited to persons who 

registered under the initial designation 


EN07OC04.029</GPH>