alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §798. Places of holding court; appointment of special masters

(a) The United States Court of Federal Claims is authorized to use facilities and hold court in Washington, District of Columbia, and throughout the United States (including its territories and possessions) as necessary for compliance with sections 173 and 2503(c) of this title. The facilities of the Federal courts, as well as other comparable facilities administered by the General Services Administration, shall be made available for trials and other proceedings outside of the District of Columbia.

(b) Upon application of a party or upon the judge's own initiative, and upon a showing that the interests of economy, efficiency, and justice will be served, the chief judge of the Court of Federal Claims may issue an order authorizing a judge of the court to conduct proceedings, including evidentiary hearings and trials, in a foreign country whose laws do not prohibit such proceedings, except that an interlocutory appeal may be taken from such an order pursuant to section 1292(d)(2) of this title, and the United States Court of Appeals for the Federal Circuit may, in its discretion, consider the appeal.

(c) The chief judge of the Court of Federal Claims may appoint special masters to assist the court in carrying out its functions. Any special masters so appointed shall carry out their responsibilities and be compensated in accordance with procedures set forth in the rules of the court.

(Added Pub. L. 98–620, title IV, §416(a), Nov. 8, 1984, 98 Stat. 3364; amended Pub. L. 102–572, title IX, §§902(a)(2), 906(a), (b), Oct. 29, 1992, 106 Stat. 4516–4518.)

#### **Editorial Notes**

#### Amendments

1992—Subsec. (a). Pub. L. 102–572, §906(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "The United States Claims Court is hereby authorized to utilize facilities and hold court in Washington, District of Columbia, and in four locations outside of the Washington, District of Columbia metropolitan area, for the purpose of conducting trials and such other proceedings as may be appropriate to executing the court's functions. The Director of the Administrative Office of the United States Courts shall designate such locations and provide for such facilities."

Subsec. (b). Pub. L. 102–572, §906(b)(2), added subsec. (b). Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 102–572, §§902(a)(2), 906(b)(1), redesignated former subsec. (b) as (c) and substituted "Court of Federal Claims" for "Claims Court".

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

#### Effective Date of 1992 Amendment

Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.
#### UNITED STATES of America, Plaintiff-Appellee, v. Daniel DE JESUS, Defendant-Appellant.

No. 01-50345.

D.C. No. CR-01-00163-IEG.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted March 7, 2002.

Decided May 20, 2002.

Before PREGERSON, FISHER, and TALLMAN, Circuit Judges.

MEMORANDUM1

Defendant-Appellant Daniel De Jesus (“De Jesus”) appeals his conviction and sentence for knowing or intentional possession of, with intent to distribute, a con*559trolled substance under 21 U.S.C. § 841(a)(1), and for knowing or intentional importation of a controlled substance under 21 U.S.C. §§ 952(a) and 960(a)(1). De Jesus was found with 33.55 kilograms of marijuana in his car and sentenced to twenty-one months’ imprisonment.

De Jesus claims that the district court should have granted his motion for a mistrial because the prosecutor committed misconduct by addressing a series of questions to a government agent that attempted to elicit hearsay statements which conveyed the impression that a companion of De Jesus had implicated him in the charged offenses. To cure any possible prejudice that may have resulted from the alleged misconduct, a stipulation prepared by defense counsel was read to the jury. Because the stipulation served as a cautionary instruction and cured any prejudice to De Jesus, the district court did not abuse its discretion in denying De Jesus’s motion for a mistrial.

De Jesus also argues that the government failed to prove that he imported marijuana into the United States, as required by 21 U.S.C. §§ 952 and 960, because he was apprehended at the border and never entered the United States. We have expressly rejected this argument. *See United States v. Carranza,*289 F.3d 634,-, *6 (9th Cir.2002).

De Jesus next argues that §§ 841 and 960 are facially unconstitutional under *Apprendi v. New Jersey,*530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). We have recently held that §§ 841 and 960 are constitutional. *See United States v. Buckland,*277 F.3d 1173 (9th Cir.2002) (en banc) (section 841 is constitutional); *United States v. Mendoza-Paz,*286 F.3d 1104 (9th Cir.2002) (section 960 is constitutional).

Finally, we recently rejected an as-applied challenge with almost identical facts because the defendant was not exposed to the maximum sentence permitted by §§ 841 and 960, which was sixty months. *See Mendoza-Paz,*286 F.3d at 1110 (rejecting as-applied challenge to §§ 841 and 960 by defendant sentenced to twenty-one months for 34.32 kilograms of marijuana). We now reject De Jesus’s as-applied challenge because his sentence does not exceed the statutory maximum.

AFFIRMED.

1

. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.
#### § 3192.18 Can I appeal a BLM decision?

Any party adversely affected by a BLM decision made under this subpart may appeal the decision in accordance with [parts 4](/on/2024-09-06/title-43/part-4) and [1840 of this title](/on/2024-09-06/title-43/part-1840).

Group 3200—Geothermal Resources Leasing

Note:

The collections of information contained in parts 3200, 3210, 3220, 3240, 3250, and 3260 of Group 3200 have been approved by the Office of Management and Budget under [44 U.S.C. 3501](https://www.govinfo.gov/link/uscode/44/3501) *et seq.* and assigned clearance numbers 1004-0034, 1004-0074, 1004.0132, and 1004-0160. The information will be used to maintain an orderly program for leasing, development, and production of Federal geothermal resources. Responses are required to obtain benefits in accordance with the Geothermal Steam Act of 1970, as amended.

Public reporting burden for this information is estimated to average 1.6 hours per response, including the time for reviewing insstructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden, to the Division of Information Resources Management, Bureau of Land Management, 1800 C Street, NW., Premier Building, Room 208, Washington DC 20240; and the Paperwork Reduction Project (1004-0160), Office of Management and Budget, Washington, DC 20503.

(See [54 FR 13885](https://www.federalregister.gov/citation/54-FR-13885), Apr. 6, 1989 and [55 FR 26443](https://www.federalregister.gov/citation/55-FR-26443), June 28, 1990)
### §1852. Judicial enforcement

#### (a) Injunctive relief

The Secretary may petition any appropriate district court of the United States for temporary or permanent injunctive relief if the Secretary determines that this chapter, or any regulation under this chapter, has been violated.

#### (b) Control of civil litigation

Except as provided in section 518(a) of title 28, relating to litigation before the Supreme Court, the Solicitor of Labor may appear for and represent the Secretary in any civil litigation brought under this chapter, but all such litigation shall be subject to the direction and control of the Attorney General.

(Pub. L. 97–470, title V, §502, Jan. 14, 1983, 96 Stat. 2596.)

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

#### Effective Date

Section effective 90 days from Jan. 14, 1983, see section 524 of Pub. L. 97–470, set out as a note under section 1801 of this title.
### §438. Rules and regulations; simplified reports

The Secretary shall have authority to issue, amend, and rescind rules and regulations prescribing the form and publication of reports required to be filed under this subchapter and such other reasonable rules and regulations (including rules prescribing reports concerning trusts in which a labor organization is interested) as he may find necessary to prevent the circumvention or evasion of such reporting requirements. In exercising his power under this section the Secretary shall prescribe by general rule simplified reports for labor organizations or employers for whom he finds that by virtue of their size a detailed report would be unduly burdensome, but the Secretary may revoke such provision for simplified forms of any labor organization or employer if he determines, after such investigation as he deems proper and due notice and opportunity for a hearing, that the purposes of this section would be served thereby.

(Pub. L. 86–257, title II, §208, Sept. 14, 1959, 73 Stat. 529.)
### §552. Deputy Secretary; appointment; duties

There is established in the Department of Labor the office of Deputy Secretary of Labor, which shall be filled by appointment by the President, by and with the advice and consent of the Senate. The Deputy Secretary shall perform such duties as may be prescribed by the Secretary of Labor or required by law. The Deputy Secretary shall (1) in case of the death, resignation, or removal from office of the Secretary, perform the duties of the Secretary until a successor is appointed, and (2) in case of the absence or sickness of the Secretary, perform the duties of the Secretary until such absence or sickness shall terminate.

(Apr. 17, 1946, ch. 140, §1, 60 Stat. 91; Pub. L. 99–619, §2(a)(1), Nov. 6, 1986, 100 Stat. 3491.)

#### **Editorial Notes**

#### Codification

Provisions of this section which prescribed the basic annual compensation of the Under [Deputy] Secretary were omitted to conform to the provisions of the Executive Schedule. See section 5314 of Title 5, Government Organization and Employees.

Section was formerly classified to section 611a of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, §1, Sept. 1, 1966, 80 Stat. 378.

#### Amendments

1986—Pub. L. 99–619 substituted "Deputy Secretary" for "Under Secretary" in three places.

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

#### References in Other Laws

Pub. L. 99–619, §2(a)(4), Nov. 6, 1986, 100 Stat. 3491, provided that: "Any reference to the Under Secretary of Labor in any law, rule, regulation, certificate, directive, or other document in force on the date of enactment of this Act [Nov. 6, 1986] shall be deemed to refer and apply to the Deputy Secretary of Labor."

#### Present Incumbent

Pub. L. 99–619, §2(f)(1), Nov. 6, 1986, 100 Stat. 3492, provided that: "The incumbent in the position of Under Secretary of Labor on the date of enactment of this Act [Nov. 6, 1986] may serve as Deputy Secretary of Labor at the pleasure of the President after such date and the amendments made by subsection (a)(2) [amending section 5313 of Title 5, Government Organization and Employees] shall apply to such incumbent."

#### **Executive Documents**

#### Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of Labor, with certain exceptions, to Secretary of Labor, with power to delegate, see Reorg. Plan No. 6, of 1950, §§1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees.

#### Order of Succession

For order of succession during any period when both Secretary and Deputy Secretary of Labor are unable to perform functions and duties of office of Secretary, see Ex. Ord. No. 13245, Dec. 18, 2001, 66 F.R. 66268, listed in a table under section 3345 of Title 5, Government Organization and Employees.
###### Editorial Note on Part 120

#### Editorial Note:

Nomenclature changes to part 120 appear at 72 FR 50039, Aug. 30, 2007.

#### § 120.181 Status of Lenders and CDCs.

Lenders, CDCs and their contractors are independent contractors that are responsible for their own actions with respect to a 7(a) or 504 loan. SBA has no responsibility or liability for any claim by a borrower, guarantor or other party alleging injury as a result of any allegedly wrongful action taken by a Lender, CDC or an employee, agent, or contractor of a Lender or CDC.

[72 FR 18360, Apr. 12, 2007]
[Federal Register Volume 69, Number 159 (Friday, October 8, 2004)]
[Notices]
[Pages 60377-60382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22691]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Transmittal No. 04-39]


36(b)(1) Arms Sales Notification

AGENCY: Department of Defense, Defense Security Cooperation Agency.

ACTION: Notice.

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

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

FOR FURTHER INFORMATION CONTACT: Ms. J. Hurd, DSCA/OPS-ADMIN, (703) 
604-6575.
    The following is a copy of a letter to the Speaker of the House of 
Representatives, Transmittal 04-39 with attached transmittal, policy 
justification, and Sensitivity of Technology.

    Dated: October 4, 2004.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
BILLING CODE 5001-06-M

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[FR Doc. 04-22691 Filed 10-7-04; 8:45 am]
BILLING CODE 5001-06-C
Exhibit 31.2



CERTIFICATIONS



I, Steven M. Belote, certify that:



1. I have reviewed this annual report on Form 10-K of Shore Financial Corporation;



2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material
fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;



3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present
in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;



4. The registrants other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as
defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:



(a) designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our
supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;



(b) evaluated the effectiveness of the
registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and



(c) disclosed in this report any change in
the registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the registrants internal control over financial reporting; and



5. The registrants other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial
reporting, to the registrants auditors and the audit committee of the registrants board of directors (or persons performing the equivalent functions):



(a) all significant deficiencies and material weaknesses in the design or operation of internal control over
financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; and



(b) any fraud, whether or not material, that involves management or other employees who have a significant
role in the registrants internal control over financial reporting.



|                     |  |  |  |                                           
|-------------------- |  |  |  | ------------------------------------------
|                     |  | 
|Date: March 18, 2005 |  |  |  | /s/    STEVEN M. BELOTE                   
|                     |  |  |  | Steve M. Belote                           
|                     |  |  |  | Chief Financial Officer and Vice President



69
#### Patrick Wayne WILLIAMS, Plaintiff-Appellant, v. SHERIFF’S DEPARTMENT, IBERIA PARISH; Joseph Furguson; Sid Hebert; Roberta Boudreaux; Roxy Gates; Lt. Darcey; Creig Dunkin; Officer Thibideaux; Officer Polk; Officer Leblanc; Sgt. Rochelle; Sgt. Bow*278ers; Sgt. Hawkins; Lt. James; Kim Stelly; Mary Ann Dixon; Charlie Trahan; Kirk V. Comeaux, Defendants-Appellees.

No. 05-30598.

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Decided Feb. 23, 2006.

Patrick Wayne Williams, Angola, LA, pro se.

Before GARZA, DENNIS, and PRADO, Circuit Judges.

PER CURIAM: *

Patrick Wayne Williams, Louisiana prisoner # 317402, has filed an appeal following the dismissal of his civil rights complaint pursuant to 28 U.S.C. § 1915(e)(2)(B) and the denial of his post-judgment motion for reconsideration. Williams’s motion for reconsideration is construed as a Fed.R.Civ.P. 60(b) motion. *See Harcon Barge Co. v. D & G Boat Rentals, Inc.,*784 F.2d 665, 667 (5th Cir. 1986) (en banc). Because Williams’s notice of appeal was filed fewer than 30 days from the district court’s denial of his Rule 60(b) motion but more than 30 days from the entry of judgment dismissing the underlying action, the notice of appeal is effective only as to the denial of the Rule 60(b) motion. *See Edwards v. City of Houston,*78 F.3d 983, 995 (5th Cir.1996); Fed. R.App. P. 4(a)(4). Under Rule 60(b)(6), the district court may relieve a party of a final judgment for any “reason justifying relief from the operation of the judgment.” Fed.R.Civ.P. 60(b)(6). We review for abuse of discretion. *See McCorvey v. Hill,*385 F.3d 846, 848 (5th Cir. 2004).

Even if Williams did not timely receive a copy of the magistrate judge’s report and recommendation, Williams gave the district court no reason justifying relief from the operation of the judgment. *See*Rule 60(b). The district court thus did not abuse its discretion by denying the motion. *See McCorvey,*385 F.3d at 848.

The district court’s order denying Williams’s Rule 60(b) motion is affirmed. The district court’s dismissal of Williams’s civil rights complaint counts as a strike for purposes of 28 U.S.C. § 1915(g). *See Adepegba v. Hammons,*103 F.3d 383, 387-88 (5th Cir.1996). The dismissal as frivolous of Williams’s appeal in *Williams v. Pfizer Inc.,*No. 05-30532, decided this day, also counts as a strike for purposes of § 1915(g). We caution Williams that if he accumulates three strikes, he may not proceed in forma pauperis in any civil action or appeal filed while he is incarcerated or detained in any facility unless he is under imminent danger of serious physical injury. *See*§ 1915(g); *Adepegba,*103 F.3d at 387-88.

AFFIRMED; SANCTION WARNING ISSUED.

*

 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.
§ 307.1 Purpose. The purpose of Economic Adjustment Assistance Investments is to address the needs of communities experiencing adverse economic changes that may occur suddenly or over time, including those caused by: ( a ) Military base closures or realignments, defense contractor reductions in force, or U.S. Department of Energy defense-related funding reductions;
( b ) Federally Declared Disaster;
( c ) International trade;
( d ) Long-term economic deterioration;
( e ) Loss of a major community employer; or
( f ) Loss of manufacturing jobs.
[71 FR 56675, Sept. 27, 2006, as amended at 79 FR 76132, Dec. 19, 2014]
117TH CONGRESS 

2D SESSION S. 5087 

AN ACT 

To amend the Not Invisible Act of 2019 to extend, and 

provide additional support for, the activities of the Department of the Interior and the Department of Justice 

Joint Commission on Reducing Violent Crime Against 

Indians, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

†S 5087 ES

1 SECTION 1. EXTENSION OF, AND ADDITIONAL SUPPORT 

2 FOR THE ACTIVITIES OF, THE DEPARTMENT 

3 OF THE INTERIOR AND THE DEPARTMENT OF 

4 JUSTICE JOINT COMMISSION ON REDUCING 

5 VIOLENT CRIME AGAINST INDIANS. 

6 (a) EXTENSION OF COMMISSION AND ACTIVITIES OF

7 THE COMMISSION.—Section 4 of the Not Invisible Act of 

8 2019 (Public Law 116–166; 134 Stat. 767) is amended— 

9 (1) in subsection (c)(2)(B), by striking ‘‘18 

10 months after the enactment’’ and inserting ‘‘36 

11 months after the date of enactment’’; and 

12 (2) in subsection (e), by striking ‘‘2 years’’ and 

13 inserting ‘‘42 months’’. 

14 (b) ADDITIONAL SUPPORT FOR ACTIVITIES OF COM15 MISSION.—Section 4(b) of the Not Invisible Act of 2019 

16 (Public Law 116–166; 134 Stat. 767) is amended— 

17 (1) in the subsection heading, by inserting ‘‘; 

18 OPERATION’’ after ‘‘MEMBERSHIP’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(7) GIFTS.—The Commission may accept and 

21 use gifts or donations of services or property from 

22 Indian tribes or Tribal entities, academic institu23 tions, or other not-for-profit organizations as it con-
3 

†S 5087 ES

1 siders necessary to carry out the duties of the Com2 mission described in subsection (c).’’. 

Passed the Senate December 20, 2022. 

Attest: 

Secretary. 
117TH CONGRESS 

2D SESSION S. 5087 

AN ACT 

To amend the Not Invisible Act of 2019 to extend, 

purposes. ing Violent Crime Against Indians, and for other partment of Justice Joint Commission on Reducof the Department of the Interior and the Deand provide additional support for, the activities
Docket Number FAA 2014-0622