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that this opinion should not be published and is not precedent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. 97-30447

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

DEBORAH RICHARDSON BOUNDS,

Defendant-Appellant.

_____________________

No. 97-30450

Conference Calendar

______________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

DANNY ROYCE BRAZIEL,

Defendant-Appellant.

- - - - - - - - - -

Appeals from the United States District Court

for the Western District of Louisiana

USDC Nos. CR-88-50038-01, CR-88-50038-03

- - - - - - - - - -

April 10, 1998

Before JOLLY, JONES, and DUHÉ, Circuit Judges. 

PER CURIAM:*
Nos. 97-30447 & 97-30450

- 2 -

Deborah Richardson Bounds, federal prisoner number 18364-

077, and Danny Royce Braziel, federal prisoner number 18365-077,

appeal from the district court’s denial of their motions for

modification of the imposed term of imprisonment under 18 U.S.C.

§ 3582(c)(2). Bounds moves this court to recognize that a

certificate of appealability is not required and to allow her to

adopt her coappellant's brief. These motions are GRANTED.

Appellants argue that the district court should have applied

retroactively Amendment 484 to U.S.S.G. § 2D1.1, clarifying what

materials must be excluded from controlled substances in

calculating the weight at sentencing. Because Bounds and Braziel

were sentenced on the size and capability of the clandestine

methamphetamine laboratory, Amendment 484 does not apply to their

situation. United States v. Allison, 63 F.3d 350, 353 (5th Cir.

1995).

The district court did not abuse its discretion in denying

the § 3582(c)(2) motions. These appeals are without arguable

merit and thus frivolous; they are DISMISSED without further

briefing. See 5th Cir. R. 42.2; Clark v. Williams, 693 F.2d 381,

382 (5th Cir. 1982). 

MOTIONS GRANTED; APPEAL DISMISSED.
§ 9239.7-1 Public lands. The filing of an application under part 2800, 2810, or 2880, of this chapter does not authorize the applicant to use or occupy the public lands for right-of-way purposes, except as provided by the definition of “Casual use” in § 2801.5(b) and by §§ 2804.29 and 2884.25 of this chapter, until written authorization has been issued by the authorized officer. Any unauthorized occupancy or use of public lands or improvements for right-of-way purposes constitutes a trespass against the United States for which the trespasser is liable for costs, damages, and penalties as provided in subpart 2808 and §§ 2812.1-3 and 2888.10 of this chapter. No new permit, license, authorization, or grant of any kind shall be issued to a trespasser until: ( a ) The trespass claim is fully satisfied; or
( b ) The trespasser files a bond conditioned upon payment of the amount of damages determined to be due the United States; or
( c ) The authorized officer determines in writing that there is a legitimate dispute as to the fact of the trespasser's liability or as to the extent of his liability and the trespasser files a bond in an amount determined by the authorized officer to be sufficient to cover payment of a future court judgment in favor of the United States.
[54 FR 25855, June 20, 1989, as amended at 70 FR 21090, Apr. 22, 2005]
II 

117TH CONGRESS 

2D SESSION S. 5014 

To require the Internal Revenue Service to pay for costs incurred by certain 

persons in the course of an audit. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 29, 2022 

Mr. MARSHALL (for himself and Mr. BRAUN) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To require the Internal Revenue Service to pay for costs 

incurred by certain persons in the course of an audit. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Preventing Frivolous 

5 Actions by IRS Agents Act’’. 

6 SEC. 2. FEES AND EXPENSES OF AUDITS. 

7 (a) IN GENERAL.—Subchapter A of chapter 78 of the 

8 Internal Revenue Code of 1986 is amended by redesig9 nating section 7613 as section 7614 and by inserting after 

10 section 7612 the following new section: 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•S 5014 IS

1 ‘‘SEC. 7613. FEES AND EXPENSES OF AUDITS. 

2 ‘‘(a) IN GENERAL.—In the case of an eligible tax3 payer, the taxpayer shall be entitled to the payment of 

4 any fees or other expenses paid or incurred by the tax5 payer in the course of an audit under this subtitle. 

6 ‘‘(b) TIMING OF PAYMENT.—The payment under 

7 subsection (a) shall be due after the disposition of the tax8 payer’s case, including completion of any judicial pro9 ceedings. 

10 ‘‘(c) ELIGIBLE TAXPAYER.—For purposes of this sec11 tion, the term ‘eligible taxpayer’ means a taxpayer whose 

12 gross income for the taxable year in which the audit is 

13 commenced does not exceed $400,000, and who is not con14 victed of any crime related to the audit described in sub15 section (a) or the case described in subsection (b).’’. 

16 (b) CLERICAL AMENDMENT.—The table of sections 

17 for subchapter A of chapter 78 of the Internal Revenue 

18 Code of 1986 is amended by adding at the end the fol19 lowing: 

‘‘Sec. 7613. Fees and expenses of audits.’’. 

20 SEC. 3. ATTORNEY’S FEES, ETC. 

21 (a) IN GENERAL.—Chapter 76 of the Internal Rev22 enue Code of 1986 is amended by adding at the end the 

23 following new subchapter: 

24 ‘‘Subchapter F—Fees and Expenses 

‘‘Sec. 7495. Fees and expenses. 


pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•S 5014 IS

1 ‘‘SEC. 7495. FEES AND EXPENSES. 

2 ‘‘In the case of any civil or criminal proceeding 

3 brought by or at the request of the Secretary in which 

4 the taxpayer prevails in court, the taxpayer shall be enti5 tled to the payment of attorney’s fees, court costs, and 

6 other expenses related to the taxpayer’s defense in such 

7 proceeding.’’. 

8 (b) CLERICAL AMENDMENT.—The table of sub9 chapters for chapter 76 of the Internal Revenue Code of 

10 1986 is amended by adding at the end the following: 

‘‘SUBCHAPTER F—FEES AND EXPENSES’’. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
**Table of Year Type and SWRCB Water Availability Notices**

1/  Periods of curtailment based on SWRCB Term 91

2/  Year type based on Sacramento River Index 40-30-30 Criteria (SRI).  Shasta Critical Years are based on criteria contained in the Sacramento River Settlement Contracts.

3/  Periods when the SWRCB has determined water is unavailable for post-1914 water rights

4/  Sacramento River Index as defined by the SWRCB’s1994 Water Quality Control Plan.

5/  Unimpaired inflow to Shasta 

**MBK***Engineers*

10/2/2002
Exhibit 4.382

 

/Emblem of the Russian Federation/

 

FEDERAL SERVICE FOR SUPERVISION IN THE SPHERE OF COMMUNICATIONS, INFORMATION TECHNOLOGY AND MASS MEDIA

 

LICENSE

 

No. 179062 dated February 16, 2020

 

For Rendering

 

Data transmission services, except for data transmission services for the purpose of voice transmission

 

This License is granted to

 

Limited Liability Company

 

Zelenaya Tochka Ufa (Zelenaya Tochka Group)

 

Primary State Registration Number of a Legal Entity 
 (Individual Entrepreneur) (OGRN, OGRNIP)

 

1140280410390

 

Tax Identification Number (TIN)

 

0276162626

 











 

Location address (place of residence):

 

107, Kirova str., Ufa, Bashkortostan Republic, 450078

 

The territory covered by telecommunications services is specified in the Appendix.

 

This License is granted for a term:

 

until February 16, 2025.

 

This License is granted by decision of the licensing body - Order dated December 02, 2019 No. 701-рчс

 

Appendix being an integral part of this license is executed on 2 sheets.

 

	
Deputy Head
    	
/signature/   A.А. Pankov
    
	
 
    	
 
    
	
Stamp here
    	
 
    
	
Official   seal:
    	
 
    
	
MINISTRY OF TELECOM AND   MASS
   COMMUNICATIONS
    	
 
    
	
OF THE RUSSIAN   FEDERATION
    	
 
    
	
FEDERAL SERVICE FOR SUPERVISION
   IN THE SPHERE
    	
 
    
	
OF   COMMUNICATIONS, INFORMATION
   TECHNOLOGY
    	
 
    
	
AND MASS MEDIA
    	
 
    
	
PSRN 1087746736296
    	
 
    


 

CN 116155
#### § 429.19 What happens if the initial estimate for administrative costs is insufficient?

If the initial estimate to cover Reclamation's administrative costs is found to be insufficient, Reclamation will notify you in writing of the additional amount needed. You must pay the amount requested before Reclamation will continue processing your application.
**EXHIBIT 23**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLICACCOUNTING FIRM**

 

We hereby consent to the incorporation byreference in the Registration Statement on Form S-8 (No. 333-75344), Form S-8(No. 333-97435), Form S-8 (No. 333-108373), Form S-8 (No. 333-124465),Form S-8 (No. 333-124466), Form S-8 (No. 333-128534), and Form S-8(No. 333-128536) of MedicalCV, Inc. of our report dated July 8, 2005,except as to Notes 4, 13 and 16 for which the date is March 10, 2006, relatingto the financial statements which appears in this Form 10-KSB/A.

 
| /s/ PricewaterhouseCoopers LLP |   |
|--------------------------------|--------|
|                           |
| PricewaterhouseCoopers LLP     |
| Minneapolis, Minnesota         |
| March 17, 2006                 |

 

----
§ 2561.0-5 Definitions. As used in the regulations in this section. ( a ) The term *substantially continuous use and occupancy* contemplates the customary seasonality of use and occupancy by the applicant of any land used by him for his livelihood and well-being and that of his family. Such use and occupancy must be substantial actual possession and use of the land, at least potentially exclusive of others, and not merely intermittent use.
( b ) *Allotment* is an allocation to a Native of land of which he has made substantially continuous use and occupancy for a period of five years and which shall be deemed the *homestead* of the allottee and his heirs in perpetuity, and shall be inalienable and nontaxable except as otherwise provided by the Congress.
( c ) *Allotment Act* means the Act of May 17, 1906 (34 Stat. 197), as amended (48 U.S.C. 357, 357a, 357b).
Exhibit
99.5









CONSENT
OF INDEPENDENT ACCOUNTANTS
  
 We hereby
consent to the inclusion in Provident Energy Trust’s Annual Report on Form 40-F
for the year ended December 31, 2009 of our report dated March 11, 2010,
relating to the Consolidated Financial Statements as at December 31, 2009 and
2008 and for each of the years then ended and the effectiveness of internal
control over financial reporting of Provident Energy Trust as of December 31,
2009.
 
 
 
 /s/ PricewaterhouseCoopers LLP
 Chartered
Accountants
 Calgary,
Alberta
 March 18,
2010
          “PricewaterhouseCoopers” refers to
PricewaterhouseCoopers LLP, an Ontario limited liability partnership, or, as the
context requires, the PricewaterhouseCoopers global network or other member
firms of the network, each of which is a separate legal entity.
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
  I, Timothy J. Koziol,
certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that the Quarterly Report on Form 10-Q of
General Environmental Management, Inc. for the quarterly period ending March 31,
2009 fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934 and that the informationcontained in the
Quarterly Report on Form 10-Q fairly presents in all material respects the
financial condition and results of operations of General Environmental
Management, Inc. of Nevada.
 Date:
May  14, 2009
 /s/
      Timothy J. KoziolTimothy
      J. Koziol,
                    President, CEO, and Chairman of the Board of
      Directors
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## State of N ew York Su p reme Cou rt, A p p ellate Division Third J u dicial Dep artment Decided and Entered: July 21, 2016 521914

________________________________ In the Matter of PAUL OSBORNE, Petitioner, v MEMORANDUM AND JUDGMENT DONALD VENETTOZZI, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

________________________________ Calendar Date: June 6, 2016 Before: Lahtinen, J.P., Garry, Egan Jr., Devine and Aarons, JJ.

__________ Paul Osborne, Malone, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (William E. Storrs of counsel), for respondent.

__________ Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Commissioner of Corrections and Community Supervision finding petitioner guilty of violating certain prison disciplinary rules. While he was making his rounds, a correction officer heard petitioner in his cell yelling, using profane language and making threatening comments about law enforcement officials. When the officer told petitioner to stop yelling, he responded with more profane language and threatening statements. As a result of this incident, petitioner was charged in a misbehavior report with harassment, interference, making threats, engaging in violent conduct, creating a disturbance and refusing a direct order.-2- 521914

Following a tier III disciplinary hearing, he was found guilty of harassment, making threats and engaging in violent conduct, but not guilty of the other charges. The determination was later affirmed on administrative appeal and this CPLR article 78 proceeding ensued. We confirm. The detailed misbehavior report, together with the testimony of its author, provide substantial evidence supporting the determination of guilt (see Matter of Perkins v Annucci, 129 AD3d 1421, 1421 [2015]; Matter of Deleon v Prack, 111 AD3d 1204, 1205 [2013]). The contrary testimony of petitioner and his inmate witnesses presented a credibility issue for the Hearing Officer to resolve (see Matter of Simmons v LaValley, 130 AD3d 1126,1127 [2015]; Matter of Espinal v Fischer, 114 AD3d 978, 979 [2014]). In addition, petitioner was not improperly denied the right to have two witnesses, whose testimony would have been redundant, testify at the hearing (see Matter of White v Fischer, 121 AD3d 1478, 1479 [2014]; Matter of Elias v Fischer, 118 AD3d 1193, 1194 [2014]). Furthermore, upon reviewing the record, we find no indication that the Hearing Officer was biased or that the determination flowed from any alleged bias (see Matter of Ramos v Prack, 125 AD3d 1036, 1037 [2015], lv dismissed 25 NY3d 1039 [2015]; Matter of Harris v Deputy Superintendent of Security Piccolo, 122 AD3d 1044, 1045 [2014]). We have considered petitioner's remaining contentions and find them to be unavailing. Lahtinen, J.P., Garry, Egan Jr., Devine and Aarons, JJ., concur.-3- 521914

ADJUDGED that the determination is confirmed, without costs, and petition dismissed.

ENTER:

Robert D. Mayberger Clerk of the Court
##### 



Exhibit 32.1
 Certification of the Chief Executive Officer
Pursuant to 18 U.S.C. Section 1350,
As Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
  (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.
 Dated:  October 28, 2005
    /s/ William D. GreenWilliam D. GreenChief Executive Officer of Accenture
Ltd,
General Partner of Accenture SCA
(principal executive 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 required by Section 906, 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.
### §7807. Rules in effect upon enactment of this title

#### (a) Interim provision for administration of title

Until regulations are promulgated under any provision of this title which depends for its application upon the promulgation of regulations (or which is to be applied in such manner as may be prescribed by regulations) all instructions, rules or regulations which are in effect immediately prior to the enactment of this title shall, to the extent such instructions, rules, or regulations could be prescribed as regulations under authority of such provision, be applied as if promulgated as regulations under such provision.

#### (b) Provisions of this title corresponding to prior internal revenue laws

#### (1) Reference to law applicable to prior period

Any provision of this title which refers to the application of any portion of this title to a prior period (or which depends upon the application to a prior period of any portion of this title) shall, when appropriate and consistent with the purpose of such provision, be deemed to refer to (or depend upon the application of) the corresponding provision of the Internal Revenue Code of 1939 or of such other internal revenue laws as were applicable to the prior period.

#### (2) Elections or other acts

If an election or other act under the provisions of the Internal Revenue Code of 1939 would, if this title had not been enacted, be given effect for a period subsequent to the date of enactment of this title, and if corresponding provisions are contained in this title, such election or other act shall be given effect under the corresponding provisions of this title.

(Aug. 16, 1954, ch. 736, 68A Stat. 917.)

#### **Editorial Notes**

#### References in Text

The Internal Revenue Code of 1939, referred to in subsec. (b), is act Feb. 10, 1939, ch. 2, 53 Stat. 1. Prior to the enactment of the Internal Revenue Code of 1986 [formerly I.R.C. 1954], the 1939 Code was classified to former Title 26, Internal Revenue Code. The Internal Revenue Code of 1954 was redesignated The Internal Revenue Code of 1986 by Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095. For table of comparisons of the 1939 Code to the 1986 Code, see Table I preceding section 1 of this title.
§ 4.435 Evidence. ( a ) All oral testimony shall be under oath and witnesses shall be subject to cross-examination. The administrative law judge may question any witnesses. Documentary evidence may be received if pertinent to any issue. The administrative law judge will summarily stop examination and exclude testimony which is obviously irrelevant and immaterial.
( b ) Objections to evidence will be ruled upon by the administrative law judge. Such rulings will be considered, but need not be separately ruled upon, by the Board in connection with its decision. Where a ruling of an administrative law judge sustains an objection to the admission of evidence, the party affected may insert in the record, as a tender of proof, a summary written statement of the substance of the excluded evidence and the objecting party may then make an offer of proof in rebuttal.
#### § 423.18 Use of closures.

Closures are to be used only where all public access is to be prohibited. Special use areas are to be used to restrict specific activities as set forth in subpart E of this part 423.
# Il-Ġurnal Uffiċjali C NaN/29 t

| | ISSN 1725-5015 |
| --- | --- |
| Il-Ġurnal Uffiċjali
  ta’ l-Unjoni Ewropea | C NaN |
| | |
| Edizzjoni bil-Malti | Informazzjoni u Avviżi | Volum 4829 ta' Novembru 2005 |

ISSN 1725-5015

Il-Ġurnal Uffiċjali

ta’ l-Unjoni Ewropea

C NaN

Edizzjoni bil-Malti

Informazzjoni u Avviżi

Volum 4829 ta' Novembru 2005

---

| Avviż Nru | Werrej | Paġna |
| --- | --- | --- |
| | III   Avviżi |
| | Il-Kummissjoni |
| 2005/C /1 | Pubblikazzjoni ta' post battal għal President ta' l-Uffiċċju Komunitarju għall-Varjetajiet tal-Pjanti (Grad A*14) (Artikolu 29(2) tar-Regolamenti ta' l-Istaff) — COM/2005/10015 | 1 |

Avviż Nru

Werrej

Paġna

III   Avviżi

Il-Kummissjoni

2005/C /1

Pubblikazzjoni ta' post battal għal President ta' l-Uffiċċju Komunitarju għall-Varjetajiet tal-Pjanti (Grad A*14) (Artikolu 29(2) tar-Regolamenti ta' l-Istaff) — COM/2005/10015

1

| | |
| --- | --- |
| | (1)   Din il-Ħarġa Speċjali bil-Malti hija ppubblikata bil-lingwi uffiċjali ta' l-istituzzjonijiet ta' l-Unjoni Ewropea fil-ĠU C 297 A. |

---

(1)   Din il-Ħarġa Speċjali bil-Malti hija ppubblikata bil-lingwi uffiċjali ta' l-istituzzjonijiet ta' l-Unjoni Ewropea fil-ĠU C 297 A.

1

| MT | |
| --- | --- |

MT

---

III Avviżi

Il-Kummissjoni

| 29.11.2005 | MT | Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea | C NaN/1 |
| --- | --- | --- | --- |

29.11.2005

MT

Il-Ġurnal Uffiċjali ta’ l-Unjoni Ewropea

C NaN/1

---

PUBBLIKAZZJONI TA' POST BATTAL GĦAL PRESIDENT TA' L-UFFIĊĊJU KOMUNITARJU GĦALL-VARJETAJIET TAL-PJANTI

(Grad A*14)

(Artikolu 29(2) tar-Regolamenti ta' l-Istaff)

COM/2005/10015

(2005/C 297 A/01)

L-Uffiċċju Komunitarju għall-Varjetajiet tal-Pjanti qed ifittex li jimpjega President.

L-applikanti għandhom ikunu ċittadini ta' wieħed mill-Istati Membri ta' l-Unjoni Ewropea.

Il-President se jkun maħtur mill-Kunsill minn lista ta' kandidati li se tkun proposta mill-Kummissjoni wara li tkun inkisbet l-opinjoni tal-Kunsill Amministrattiv ta' l-Uffiċċju. Is-salarji u l-kundizzjonijiet ta' l-impjieg huma dawk stipulati fir-Regolamenti ta' l-Istaff għal uffiċjali fil-grad A*14 tal-Komunitajiet. L-Uffiċċju Komunitarju għall-Varjetajiet tal-Pjanti u l-Kummissjoni japplikaw politika ta' opportunitajiet indaqs.

Id-deskrizzjoni ta' l-impjieg, il-formoli ta' l-applikazzjoni u l-istruzzjonijiet biex jintbagħtu l-applikazzjonijiet jistgħu jitniżżlu mill-internet minn dan l-indirizz:

http://europa.eu.int/comm/dgs/personnel_administration/working_senior_mgt_en.htm

jew

http://europa.eu.int/comm/food/plant/propertyrights/index_en.htm

L-applikazzjonijiet għandhom jintbagħtu sa mhux aktar tard mil-31 ta' Diċembru 2005 (ara d-dettalji fl-istruzzjonijiet ta' l-applikazzjoni).

---
§ 50.15 What information about the elections for government offices must be included in the request? The written narrative thoroughly describing how and when elections were conducted for government offices identified in the governing document, including members of the governing body, must show that the elections were: ( a ) Free and fair;
( b ) Held by secret ballot or equivalent voting procedures; and
( c ) Open to all eligible Native Hawaiian members as defined in the governing document.