alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. Waytis PENDERGRASS, Defendant-Appellant.

No. 02-6500.

United States Court of Appeals, Fourth Circuit.

Submitted May 16, 2002.

Decided May 28, 2002.

Waytis Pendergrass, Appellant Pro Se. Mary Gordon Baker, Assistant United States Attorney, Charleston, South Carolina, for Appellee.

Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

PER CURIAM.

Waytis Pendergrass seeks to appeal the district court’s order denying his motion to reconsider the denial of relief under 28 U.S.C.A. § 2255 (West Supp.2001). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. *See United States v. Pendergrass,*Nos. CR-92-216; CA-01-2738-4-22 (D.S.C. filed Dec. 5, 2001; entered Dec. 6, 2001). 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.

*DISMISSED.*
§ 3505.13 What must my application include? Your application must be legible and dated. It must contain your or your agent's original signature. It must also include: ( a ) Your name and address;
( b ) A statement of your qualifications and holdings (see subpart 3502 of this part);
( c ) A complete and accurate land description (see subpart 3503 of this part);
( d ) Three copies of any maps needed to accompany the description; and
( e ) The name of all the commodities for which you are applying.
###### Editorial Note on Part 10

#### Editorial Note:

Nomenclature changes to part 10 appear by CBP Dec. 16-26, 81 FR 93010, Dec. 20, 2016.

#### § 10.740 Indirect materials.

An indirect material, as defined in § 10.729(h) of this subpart, will be considered to be an originating material without regard to where it is produced, and its value will be the cost registered in the accounting records of the producer of the good.

# Example.

Australian Producer C produces good C using non-originating material A. Producer C imports non-originating rubber gloves for use by workers in the production of good C. Good C is subject to a tariff shift requirement. As provided in § 10.730(b)(1) of this subpart and General Note 28(n), each of the non-originating materials in good C must undergo the specified change in tariff classification in order for good C to be considered originating. Although non-originating material A must undergo the applicable tariff shift in order for good C to be considered originating, the rubber gloves do not because they are indirect materials and are considered originating without regard to where they are produced.
###### Editorial Note on Part 10

#### Editorial Note:

Nomenclature changes to part 10 appear by CBP Dec. 16-26, 81 FR 93010, Dec. 20, 2016.

#### § 10.2010 Right to make post-importation claim and refund duties.

Notwithstanding any other available remedy, where a good would have qualified as an originating good when it was imported into the United States but no claim for preferential tariff treatment was made, the importer of that good may file a claim for a refund of any excess duties at any time within one year after the date of importation of the good in accordance with the procedures set forth in § 10.2011. Subject to the provisions of § 10.2008, CBP may refund any excess duties by liquidation or reliquidation of the entry covering the good in accordance with § 10.2012(c).
§ 206.6 Donation or loan of Federal equipment and supplies. ( a ) In any major disaster or emergency, the Administrator, Assistant Administrator for the Disaster Operations Directorate, or the Regional Administrator may direct Federal agencies to donate or loan their equipment and supplies to State and local governments for use and distribution by them for the purposes of the Stafford Act.
( b ) A donation or loan may include equipment and supplies determined under applicable laws and regulations to be surplus to the needs and responsibilities of the Federal Government. The State shall certify that the surplus property is usable and necessary for current disaster purposes in order to receive a donation or loan. Such a donation or loan is made in accordance with procedures prescribed by the General Services Administration.
§ 7.912 To what programs or activities does this regulation apply? ( a ) The Act and this regulation apply to each FEMA recipient and to each program or activity operated by the recipient which receives Federal financial assistance provided by FEMA.
( b ) The Act and this regulation do not apply to: ( 1 ) An age distinction contained in that part of a Federal, State or local statute or ordinance adopted by an elected, general purpose legislative body which: ( i ) Provides any benefits or assistance to persons based on age; or
( ii ) Establishes criteria for participation in age-related terms; or
( iii ) Describes intended beneficiaries or target groups in age-related terms.
( 2 ) Any employment practice of any employer, employment agency, labor organization, or any labor-management joint apprenticeship training program, except for any program or activity receiving Federal financial assistance for public service employment under the Job Training Partnership Act (29 U.S.C. 150, *et seq.*)
[55 FR 23078, June 6, 1990, as amended at 68 FR 51380, Aug. 26, 2003]
Editorial Note on Part 10
Editorial Note: Nomenclature changes to part 10 appear by CBP Dec. 16-26, 81 FR 93010, Dec. 20, 2016.

§ 10.25 Textile components cut to shape in the United States and assembled abroad. Where a textile component is cut to shape (but not to length, width, or both) in the United States from foreign fabric and exported to another country, territory, or insular possession for assembly into an article that is then returned to the United States and entered, or withdrawn from warehouse, for consumption on or after July 1, 1996, the value of the textile component shall not be included in the dutiable value of the article. For purposes of determining whether a reduction in the dutiable value of an imported article may be allowed under this section: ( a ) The terms “textile component” and “fabric” have reference only to goods covered by the definition of “textile or apparel product” set forth in § 102.21(b)(5) of this chapter;
( b ) The operations performed abroad on the textile component shall conform to the requirements and examples set forth in § 10.16 insofar as they may be applicable to a textile component; and
( c ) The valuation and documentation provisions of §§ 10.17, 10.18, 10.21 and 10.24 shall apply.
[T.D. 95-69, 60 FR 46196, Sept. 5, 1995; T.D. 95-69, 60 FR 55995, Nov. 6, 1995]
### [§6678. Repealed. Pub. L. 99–514, title XV, §1501(d)(2), Oct. 22, 1986, 100 Stat. 2740]

Section, added Pub. L. 87–834, §19(e), Oct. 16, 1962, 76 Stat. 1058; amended Pub. L. 88–272, title II, §§204(c)(2), 221(b)(3), Feb. 26, 1964, 78 Stat. 37, 75; Pub. L. 94–455, title XIX, §1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 96–167, §7(b)(2), Dec. 29, 1979, 93 Stat. 1277; Pub. L. 97–34, title VII, §723(a)(2), (b)(2), Aug. 13, 1981, 95 Stat. 343, 344; Pub. L. 97–248, title III, §§309(b)(3), 311(a)(2), 312(b), 314(b), 315(c), Sept. 3, 1982, 96 Stat. 595, 600, 602, 605, 607; Pub. L. 97–448, title II, §201(i)(3), Jan. 12, 1983, 96 Stat. 2395; Pub. L. 98–67, title I, §105(b)(2), Aug. 5, 1983, 97 Stat. 381; Pub. L. 98–369, div. A, title I, §§145(b)(3), 146(b)(3), 148(b)(3), 149(b)(2), (3), 155(b)(2)(B), title VII, §714(f), (q)(3), July 18, 1984, 98 Stat. 685, 686, 689, 690, 693, 961, 966; Pub. L. 99–514, title XVIII, §1811(c)(1), Oct. 22, 1986, 100 Stat. 2833, related to penalties for failure to furnish certain statements.

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

#### Effective Date of Repeal

Repeal applicable to returns the due date for which (determined without regard to extensions) is after Dec. 31, 1986, see section 1501(e) of Pub. L. 99–514, set out as an Effective Date note under section 6721 of this title.
### §142k. Library of Congress disbursing office; payroll processing functions

From and after October 1, 1989, the Librarian of Congress shall take appropriate action to assure that no legislative branch employee whose salary is disbursed by the Library of Congress disbursing office is adversely affected by alternative ways of performing the personnel/payroll processing function.

(Pub. L. 101–163, title II, §206, Nov. 21, 1989, 103 Stat. 1060.)
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 Quarterly Report of Shoe Carnival, Inc. (the Company) on Form 10-Q for the period ending April 30, 2005 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Mark L. Lemond, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-OxleyAct 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.

|Date:  June 9, 2005 | By: | /s/ MARK L. LEMOND     
|------------------- | --- | -----------------------
|                    |     |                        
|                    |     | Mark L. Lemond         
|                    |     | President and          
|                    |     | Chief Executive Officer
Case 0:20-cv-61469-RS Document 207-110 Entered on FLSD Docket 12/05/2023 Page 1 of 1
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 8 

Ref: 8P-AR 

William Allison, Division Director 

Air Pollution Control Division 

1595 Wynkoop Street 

DENVER, CO 80202-1129 

Phone 800-227-8917 

http://www.epa.gov/region08 

JAN - 1 2013 

Colorado Department of Health and Environment 

4300 Cherry Creek Drive South 

Denver, Colorado 80246-1530 

Dear Mr. Allison: 

On December 31, 2012, EPA received your Infrastructure State Implementation Plan (iSIP) 

submission for the 2008 Ozone NAAQS. We have determined that the submittal of the Colorado 

iSIP is administratively and technically complete for the requirements of section 110(a)(2)(A), 

(B), (C) to the extent it refers to enforcement, to permitting programs for minor sources, and to 

permitting programs required by CAA part C title I, (D), (E)-(H), and (J)-(M). We are now 

reviewing your submission to prepare a Notice of Proposed Rulemaking (NPR) which will 

evaluate whether the state's submission can be approved. 

If members of your staff have any questions, they may direct them to Kathy Ayala at 

303-312-6142 or ayala.kathy@epa.gov. 

Sincerely, 

CSo~ Air Progr~~ am Director 

* Printed on Recycled Paper
### §3. Compilation of statutes regulating duties of Indian agents and inspectors

It shall be the duty of the Commissioner of Indian Affairs to cause to be compiled and printed for the use of Indian agents and inspectors the provisions of the statutes regulating the performance of their respective duties, and also to furnish said officers from time to time information of new enactments upon the same subject.

(May 17, 1882, ch. 163, §7, 22 Stat. 88.)

#### **Editorial Notes**

#### Codification

Section is from the Indian Appropriation Act, 1883.

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

#### Indian Agents

There have been no Indian agents since 1908. See note under section 64 of this title.

#### **Executive Documents**

#### Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.
### SUBCHAPTER I—SENATE
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.                  

###### Department of Justice

###### Antitrust Division

                    Notice is hereby given that, on September 17, 2004, pursuant to section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301*et seq.*                     (“the Act”), The National Board of Boiler and Pressure Vessel Inspectors (“National Board”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing (1) the name and principal place of business of the standards development organization and (2) the nature and scope of its standards development activities. The notifications were filed for the purpose of invoking the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances.                

Pursuant to section 6(b) of the Act, the name and principal place of business of the standards development organization is: The National Board of Boiler and Pressure Vessel Inspectors, Columbus, OH. The nature and scope of the National Board's standards development activities are: securing concerted action and maintaining uniformity in the construction, installation, inspection, operation, repair and alteration of boilers, pressure vessels or other pressure retaining items and their appurtenances, thereby assuring acceptance and interchangeability among jurisdictional authorities. 

Dorothy B. Fountain,

Deputy Director of Operations, Antitrust Division.

[FR Doc. 04-23530  Filed 10-20-04; 8:45 am]

BILLING CODE 4410-11-M
#### § 113.605 Enforcement procedures.

The investigative, compliance, and enforcement procedural provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) (“Title VI”) are hereby adopted and applied to these Title IX regulations. These procedures may be found at 13 CFR part 112.

[65 FR 52876, Aug. 30, 2000]
#### § 75.3 Burden of proof.

In any application made by a State to the Administrator for certification of its self-insurance plan, the burden of proof shall rest upon the State making application to establish that its policy of self-insurance is adequate and equals or exceeds the standards provided in this part.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                          11,457
<SECURITIES>                                    12,248
<RECEIVABLES>                                   62,754
<ALLOWANCES>                                       750
<INVENTORY>                                          0
<CURRENT-ASSETS>                                90,778
<PP&E>                                          26,368
<DEPRECIATION>                                   8,191
<TOTAL-ASSETS>                                 114,040
<CURRENT-LIABILITIES>                           37,950
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           461
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                   114,040
<SALES>                                              0
<TOTAL-REVENUES>                               141,862
<CGS>                                                0
<TOTAL-COSTS>                                  118,982
<OTHER-EXPENSES>                                    99
<LOSS-PROVISION>                                    80
<INTEREST-EXPENSE>                                  29
<INCOME-PRETAX>                                 23,404
<INCOME-TAX>                                     9,362
<INCOME-CONTINUING>                             14,042
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    14,042
<EPS-PRIMARY>                                     0.27
<EPS-DILUTED>                                     0.27
        

</TABLE>
### §2a. Omitted

#### **Editorial Notes**

#### Codification

Section, act Feb. 24, 1927, ch. 189, title IV, 44 Stat. 1222, which related to collection of statistical reports through local special agents, was from an appropriations act for the Departments of State, Justice, the Judiciary, and Departments of Commerce and Labor for the fiscal year ending June 30, 1928, and was not repeated in subsequent appropriation acts.
### [§415. Repealed. Pub. L. 97–164, title I, §113, Apr. 2, 1982, 96 Stat. 29]

Section, acts June 25, 1948, ch. 646, 62 Stat. 906; May 24, 1949, ch. 139, §70, 63 Stat. 100, provided for distribution of copies of decisions of Court of Claims. See section 174(b) of this title.

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

#### Effective Date of Repeal

Repeal effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as an Effective Date of 1982 Amendment note under section 171 of this title.
United States Nuclear Regulatory Commission

Office of Public Affairs

Washington, DC 20555

Phone 301-415-8200 Fax 301-415-2234

Internet:opa@nrc.gov

No. 97-116 FOR IMMEDIATE RELEASE

(Wednesday, August 6, 1997)

NRC WITHDRAWS PROPOSED RULE ON REPORTING

OF UNAUTHORIZED USE OF RADIOACTIVE MATERIALS

The Nuclear Regulatory Commission is withdrawing a proposed

amendment to its regulations that would have required licensees

to notify the NRC within 24 hours after learning of any

intentional--or suspected intentional--misuse of radioactive

material.

NRC is taking this action as the result of comments received

after the proposed amendments were published in the Federal

Register in January 1996. The majority of commenters said the

costs of implementing the proposed rule would outweigh the

benefits that might result.

###
<PAGE>   1
                               BOCA RESEARCH, INC.

                   EXHIBIT 11 - CALCULATION OF SHARES USED IN
                         DETERMINING EARNINGS PER SHARE
                                   (Unaudited)

                               SEPTEMBER 30, 1997

<TABLE>
<CAPTION>
                                                     THREE MONTHS ENDED  NINE MONTHS ENDED
                                                     SEPTEMBER 30, 1997  SEPTEMBER 30, 1997
                                                     ------------------  ------------------
<S>                                                  <C>                 <C>      
Shares outstanding at January 1, 1997 ..........          8,678,883          8,678,883
Shares issued January 1, 1997 in connection with
  the 1992 Employee Stock Purchase Plan ........             12,178             12,178
Shares issued in connection with a
  non-qualified stock option plan ..............             22,167             20,747
Shares issued July 1, 1997 in connection with
  the 1992 Employee Stock Purchase Plan ........             11,851              3,950
                                                          ---------          ---------
Weighted average shares outstanding ............          8,725,079          8,715,758
                                                          ---------          ---------
</TABLE>



                               SEPTEMBER 30, 1996

<TABLE>
<CAPTION>
                                                 THREE MONTHS ENDED   NINE MONTHS ENDED
                                                 SEPTEMBER 30, 1996   SEPTEMBER 30 1996
                                                 ------------------   -----------------
<S>                                              <C>                  <C>      
Shares outstanding at January 1, 1996 .......          8,522,759          8,522,759
Shares issued January 1, 1996 in
  connection with the 1992 Employee
  Stock Purchase Plan .......................              9,502              9,502
Shares issued in connection with a
  non-qualified stock option plan ...........              2,778             55,335
Shares issued July 1, 1996 in connection with
  the 1992 Employee Stock Purchase Plan .....             11,243              3,748
Weighted average of optioned shares
  using the treasury stock method ...........            245,303            373,958
                                                       ---------          ---------
Weighted average primary shares
  outstanding ...............................          8,791,585          8,965,302
                                                       =========          =========
</TABLE>


                                     - 27 -
§ 77.5 Application process. ( a ) *Applicant.* ( 1 ) Applicants will be notified of the availability of funding for the FMA program pursuant to 2 CFR 200.203 and 200.204.
( 2 ) The applicant is responsible for soliciting applications from eligible communities, or subapplicants, and for reviewing and prioritizing applications prior to forwarding them to FEMA for review and award.
( b ) *Subapplicant.* Communities or other subapplicants who choose to apply must develop subapplications within the timeframes and requirements established by FEMA and must submit subapplications to the applicant.