alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### § 115.25 General.

The Certifying Authority shall, at the request of a manufacturer, evaluate containers for approval by design type during the manufacturing stage.
[DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit

____________________

No. 23-13241

Non-Argument Calendar

____________________

UNITED STATES OF AMERICA, 

Plaintiff-Appellee,

versus

ERIC GILLESPIE,

a.k.a. E, 

Defendant-Appellant.

____________________

Appeal from the United States District Court

for the Middle District of Georgia

D.C. Docket No. 3:21-cr-00029-CAR-CHW-4

USCA11 Case: 23-13241 Document: 35-1 Date Filed: 04/04/2024 Page: 1 of 2
2 Opinion of the Court 23-13241

____________________

Before JORDAN,GRANT, and LAGOA, Circuit Judges.

PER CURIAM:

The government’s motion to dismiss this appeal pursuant to 

the appeal waiver in Appellant’s plea agreement is GRANTED. See 

United States v. Bushert, 997 F.2d 1343, 1345, 1350–51 (11th Cir. 

1993) (sentence appeal waivers are enforceable if made knowingly 

and voluntarily); United States v. Boyd, 975 F.3d 1185, 1192 (11th 

Cir. 2020) (“touchstone” for assessing whether a sentence appeal 

waiver was made knowingly and voluntarily is whether it was 

clearly conveyed to the defendant that he was giving up his right 

to appeal under most circumstances).

USCA11 Case: 23-13241 Document: 35-1 Date Filed: 04/04/2024 Page: 2 of 2
### §117k. Transferred

#### **Editorial Notes**

#### Codification

Section 117k was editorially reclassified as section 5543 of this title.
###### Editorial Note on Part 10

#### Editorial Note:

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

#### § 10.3030 General.

Except as otherwise provided in this subpart, all criminal, civil, or administrative penalties which may be imposed on U.S. importers, exporters, and producers for violations of the customs and related laws and regulations will also apply to U.S. importers, exporters, and producers for violations of the laws and regulations relating to the CTPA.
Exhibit 31.1
**CERTIFICATION OF PRESIDENT AND CHIEF OPERATING OFFICER**
I, Neil J. Campbell, certify that:
1. I have reviewed this quarterly report on Form 10-Q of EntreMed, Inc.:
2. Based on my knowledge, this report does not contain any untrue statement ofa material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statements weremade, not misleading with respect to the period covered by this report;
3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respectsthe financial condition, results of operations and cash flows of the registrantas of, and for, the periods presented in this report;
4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:
a) Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, toensure that material information relating to the registrant, including itsconsolidated subsidiaries, is made known to us by others within thoseentities, particularly during the period in which this report is beingprepared;
b) [omitted pursuant to the guidance of Release No. 33-8283 (June 5, 2003)]
c) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures as of the end of theperiod covered by this report based on such evaluation; and
d) Disclosed in this report any change in the registrant’s internal controlover financial reporting that occurred during the registrant’s most recentfiscal quarter (the registrant’s fourth fiscal quarter in the case of anannual report) that has materially affected, or is reasonably likely tomaterially affect, the registrant’s internal control over financialreporting; and
5. The registrant’s other certifying officer and I have disclosed, based on ourmost recent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of the registrant’s board ofdirectors (or persons performing the equivalent functions):
a) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonablylikely 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 otheremployees who have a significant role in the registrant’s internal controlover financial reporting.
Date: May 5, 2004   /s/ Neil J. Campbell  Neil J. Campbell  President and Chief Operating Officer
**GAO-08-585G**                      Published: Jul 25, 2008. Publicly Released: Jul 25, 2008.                  

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Skip to Highlights

## Highlights

	This publication supersedes GAO-08-81G, Audit Manual: Volume 1, Exposure Draft, October 2007. The U.S. Government Accountability Office (GAO) and the President's Council on Integrity and Efficiency (PCIE) maintain the GAO/PCIE Financial Audit Manual (FAM). The FAM provides guidance for performing financial statement audits of federal entities. The FAM is a key tool for enhancing accountability over taxpayer-provided resources.

## Full Report

Full Report (524 pages)

Accessible Text 

## GAO Contacts

### 

Gary T. Engel
engelg@gao.gov

(202) 512-3406

## Office of Public Affairs

### Media Inquiries

Sarah Kaczmarek
kaczmareks@gao.gov

(202) 512-4800

### Public Inquiries

Public Affairs
PublicAffairs@gao.gov

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## Topics

Auditing and Financial Management

Accounting standardsAuditing proceduresAuditing standardsAuditorsAuditsFederal agenciesFinancial statement auditsInternal auditorsInternal auditsInternal controls
Total

Nox Measured

Emission Fired Natural Thermal Fuel Fuel Prompt Nox

Pellet Sampling Type Type Pellets Gas NOx NOx N2O NOx Emissions Thermal Fuel

Line Date Pellets Fuel LTPH MCF/hr lbs/hr lbs/hr lbs/hr lbs/hr lbs/hr NOx NOx

1 6/14-16-05 Standard Natural Gas 349 126 531.6 26.4 0.0294 0 558 95.27 4.73

2 6/23-24/04 Standard Natural Gas 366 107 440.6 22.4 0.0249 0 463 95.16 4.84

3 6/20-22/05 Standard Natural Gas 378 117 501.5 24.5 0.0273 0 526 95.34 4.66

Total All Standard Natural Gas 364 117 1473.7 73.3 0.0816 0 1547 95.26 4.74

Note: Prompt NOx Emissions Are Predominantly Produced in Fuel Rich Atmospheres.

 This is not the case at Hibtac and these NOx Emissions are considered Minor in Concentration

 and reported as Zero Concentrations.

Calculated NOx Species Emissions

% of Total

Table 1

Hibbing Taconite Pelletizing Lines 1, 2 and 3

NOx Emissions Calculations and Summary

From Sampling Conducted on the Four Waste Gas Stacks and National Atmospheric Natural Gas NOx Emission Factors
* 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. 96-50440

(Summary Calendar)

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

LAZARO GARCIA,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Texas

(USDC No. SA-95-CR-372)

- - - - - - - - - -

September 25, 1997

Before SMITH, WIENER and BARKSDALE, Circuit Judges. 

PER CURIAM:*

Mario Antonio Pozo, a/k/a Lazaro Garcia, appeals from his

sentence for possession with intent to distribute in excess of 50

grams of cocaine base. He argues that the district court erred: 

1) by sentencing him pursuant to 21 U.S.C. § 841(b)(1)(A)(iii)

because the Government failed to establish that he possessed in

excess of 50 grams of cocaine base; 2) by sentencing him as a
2

career offender; and 3) by refusing to reduce his offense level

based upon acceptance of responsibility. Our review of the record

and the arguments and authorities convinces us that no reversible

error was committed. The district court did not plainly err by

sentencing Pozo in accordance with § 841(b)(1)(A)(iii). See United

States v. Calverley, 37 F.3d 160, 162-64 (5th Cir. 1994) (en banc).

Pozo’s argument that the court erred by applying § 4B1.1's careeroffender enhancement is facially frivolous because the PSR reflects

that Pozo had three prior convictions relevant to the careeroffender enhancement, two for selling marijuana and one for

robbery. The district court adopted the PSR, and therefore, even

if the two drug offenses should have been counted as one, Pozo

still would have had two qualifying prior felony convictions.

See U.S.S.G. § 4B1.1. Finally, the district court did not clearly

err by refusing to reduce Pozo’s offense level for acceptance of

responsibility, particularly in light of the court’s finding that

Pozo had obstructed justice. See United States v. Flucas, 99 F.3d

177, 180 (5th Cir. 1996), cert. denied, 117 S. Ct. 1097 (1997).

AFFIRMED.
###### Editorial Note on Part 10

#### Editorial Note:

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

#### § 10.108 Entry of reimported articles exported under lease.

Free entry shall be accorded under subheading 9801.00.20, Harmonized Tariff Schedule of the United States (HTSUS), whenever it is established to the satisfaction of the Center director that the article for which free entry is claimed was duty paid on a previous importation or was previously entered free of duty pursuant to the Caribbean Basin Economic Recovery Act or Title V of the Trade Act of 1974, is being reimported without having been advanced in value or improved in condition by any process of manufacture or other means, was exported from the United States under a lease or similar use agreement, and is being reimported by or for the account of the person who imported it into, and exported it from, the United States.

[T.D. 94-40, 59 FR 17474, Apr. 13, 1994]
###### Editorial Note on Part 10

#### Editorial Note:

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

#### § 10.731 Textile and apparel goods classifiable as goods put up in sets.

Notwithstanding the specific rules set forth in General Note 28(n), HTSUS, textile or apparel goods classifiable as goods put up in sets for retail sale as provided for in General Rule of Interpretation 3, HTSUS, will not be considered to be originating goods unless each of the goods in the set is an originating good or the total value of the non-originating goods in the set does not exceed 10 percent of the value of the set.
**Exhibit 23**

**Consent of Independent Registered Public Accounting Firm**

The Board of Directors 

Midas, Inc.: 

We consent to the incorporation by reference in theRegistration Statement (Nos. 333-44625, 333-58363, 333-74094, 333-89226, 333-105458, 333-101559, 333-128503, 333-42196, 333-44797) on Form S-8 and the Registration Statement (No. 333-105458) on Form S-3 of Midas, Inc. of our reports datedMarch 13, 2008, with respect to the consolidated balance sheets of Midas, Inc. as of the end of fiscal years 2007 and 2006, and the related consolidated statements of operations, cash flows, and changes in shareholders’ equity for each ofthe fiscal years 2007, 2006, and 2005, and the effectiveness of internal control over financial reporting as of December 29, 2007, which reports appear in the annual report on Form 10-K of Midas, Inc. for the fiscal year ended December 29,2007. 

Our report on the consolidated financial statements refers to Midas, Inc.’s adoption of Statement of Financial Accounting Standards (SFAS)No. 158, *Employers’ Accounting for Defined Benefit Pension and Other Postretirement Plans – an amendment of FASB Statements No. 87, 88, 106, and 132(R)*, and Staff Accounting Bulletin No. 108, *Considering theEffects of Prior Year Misstatements when Quantifying Misstatements in the Current Year Financial Statements*, effective December 30, 2006, and SFAS No. 123(R), *Share-Based Payment*, effective January 1, 2006. 

 

 

/s/ KPMG LLP 

 

Chicago, Illinois 

March 13, 2008
United States Court of Appeals

For the Seventh Circuit

Chicago, Illinois 60604

April 3, 2008

Before

JOHN L. COFFEY, Circuit Judge

KENNETH F. RIPPLE, Circuit Judge

MICHAEL S. KANNE, Circuit Judge

Nos.  06‐2901 & 06‐3252

ERIC JOELNER, FISH, INC. D/B/A

XXXTREME ENTERTAINMENT, FREE

SPEECH, INC., and   FIRST AMENDMENT,

INC.,

Plaintiffs‐Appellees,

v.

THE VILLAGE OF WASHINGTON PARK,

ILLINOIS,

Defendant‐Appellant.

Appeal from the United States

District Court for the Southern

District of Illinois.

No.  03 C 325

G. Patrick Murphy,

Judge.

ORDER

The opinion issued in the above‐entitled cause, Joelner v. Village of Washington Park, 508

F.3d 427 (7th Cir. 2007) is amended as follows:

At page 433, column one, lines 21 and 22,theparenthetical “(from which the alcohol ban

is not severable)” is deleted.

Now, on consideration of the Appellant’s Petition for Rehearing and the Answer to

Appellant’s Petition for Rehearing, filed herein, all of the judges on the original panel have

voted to deny rehearing.  Itis,therefore, ORDERED thattheAppellant’s Petition forRehearing

is DENIED.
§ 302.7 Use of funds, materials, supplies, equipment, and personnel. Financial contributions provided under the authority of section 205 of the Act are provided for necessary and essential State and local civil defense personnel and administrative expenses as prescribed by the regulations in this part and the provisions of CPG 1-3, and are obligated only on the basis of documentation justifying such need. ( a ) *Emergencies.* In addition to such civil defense use, Federal funds obligated under a grantee's approved annual submission may be used, to the extent and under such terms and conditions as prescribed by the Administrator in CPG 1-3, for providing emergency assistance, including the use of civil defense personnel, organizational equipment, materials, and facilities, in preparation for and response to actual attack-related events or natural disasters (including manmade catastrophies).
( b ) *Limitations.* Section 207 of the Act allows use of funds under the Act, including those for this program, for natural (including manmade) disaster preparedness and response purposes only to the extent that such use is consistent with, contributes to, and does not detract from attack-related preparedness (reference 44 CFR part 312).
### §562. Laws operative

All laws prescribing the work and defining the duties of the several bureaus, offices, departments, or branches of the public service by this Act transferred to and made a part of the Department of Labor shall, so far as the same are not in conflict with the provisions of this Act, remain in full force and effect, to be executed under the direction of the Secretary of Labor.

(Mar. 4, 1913, ch. 141, §6, 37 Stat. 738.)

#### **Editorial Notes**

#### References in Text

This Act, referred to in text, is act Mar. 4, 1913, ch. 141, 37 Stat. 736, which is classified principally to sections 2, 551, and 555 to 562 of this title. For complete classification of this Act to the Code, see Tables.

#### Codification

Section was formerly classified to section 622 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.

#### **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.